DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on May 3, 2026 is acknowledged.
Claim Objections
Claims 1-6 are objected to because of the following informalities: Claim 1 recites “with nanometer width” in line 6, which should read “with the nanometer width” to provide proper antecedence. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites “…sequentially connected in series form the input side thereof to the output side thereof” in lines 3-4 of the claim. It is not clear to what “the input side thereof” and “the output side thereof” is referring. There are many structural components recited in claim 5 and it is not clear to which components input and output sides are being referred to and therefore it is not clear what is being claimed.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Gorzycki et al (PG Pub 2021/0322086) in view of Iyer et al (PG Pub 2020/0001094).
Referring to claim 1, Gorzycki et al teaches a highly integrated R-wave triggered tumor therapy apparatus (Figures 1 and 2), comprising: a human body R-wave detection module (30) for detecting a human body R-wave signal (paragraph 0055; Figure 1); a signal generator (160) for obtaining a narrow pulse signal with nanometer width according to the human body R-wave signal (paragraph 0058; Figure 2); a primary matching circuit (paragraphs 0085-0086; Figure 8); and a transform (paragraph 0087) wherein the primary matching circuit is used for matching (706) the narrow pulse signal with nanometer width (716) so that the system outputs a high-voltage signal (724) needed for treatment of human bodies (paragraphs 0093-0113; Figures 7-11).
Grozycki et al fails to expressly teach a high-frequency transformer wherein the primary matching circuit is used for matching the narrow pulse signal with nanometer width to an input side of the high-frequency transformer. Iyer et al teaches an analogous cardiac therapy device comprising a primary matching circuit (211/214) and a high-frequency transformer (paragraph 0149) wherein the primary matching circuit (211/214) is used for matching the narrow pulse signal with nanometer width to an input side of the high-frequency transformer (paragraph 0149; Figure 8), so that the high-frequency transformer outputs a high-voltage signal (paragraph 0155). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the output means, as taught by Gorzycki et al, in order to include a high-frequency transformer wherein the primary matching circuit is used for matching the narrow pulse signal with nanometer width to an input side of the high-frequency transformer, as taught by Iyer et al, in order to provide information that may be used to control and regulate the output of electrical energy being provided (paragraph 0155). Furthermore, the examiner suggests amending “used for” to “configured to” throughout the claim language.
Referring to claim 2, the modified Gorzycki reference teaches a power detection protection module (221 or 230), wherein the power detection protection module is used for detecting signal power (via 211A or 211B) at an output side of the high-frequency transformer and feeding the signal power back to the signal generator, to correct the narrow pulse signal with nanometer width output by the signal generator and ensure the constant output power of the high-frequency transformer (paragraphs 0149 and 0155; Figure 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the highly integrated R-wave triggered tumor therapy apparatus, as taught by Gorzycki, to include a power detection protection module used for detecting signal power at an output side of the high-frequency transformer and feeding the signal power back to the signal generator, to correct the narrow pulse signal with nanometer width output by the signal generator and ensure the constant output power of the high-frequency transformer, as taught by Iyer et al, in order to provide information that may be used to control and regulate the output of electrical energy being provided (paragraph 0155).
Referring to claim 4, the modified Gorzycki reference teaches wherein when the detected signal power at the output side of the high-frequency transformer is greater than a protection value, the signal generator stops outputting the narrow pulse signal (paragraphs 0096-0097). It is noted that this claim is written as a method claim and only includes recitations of intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gorzycki et al (PG Pub 2021/0322086) in view of Iyer et al (PG Pub 2020/0001094) as applied to claims 1 and 2 above, and further in view of Austin et al (WO/2022/0110003).
Referring to claim 3, Gorzycki et al teaches a man-computer interaction platform with a touch display screen (110) used for configuring signal pulses and voltage parameters, and displaying the treatment conditions of the human bodies (paragraphs 0057-0058; Figure 2). Gorzycki et al is silent with regard to the specific parameters of the man- computer interaction platform. Austin et al teaches an analogous man-computer interaction platform based on a quad-core Cortex-A53 processor and an android 10 operating system (00120). Due to a lack of disclosed criticality and unexpected results it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the man-computer interaction platform, as taught by Gorzycki et al, to be based on a quad-core Cortex-A53 processor and an android10 operating system, as taught by Austin et al, because this is combining prior art elements according to known methods to yield predictable results (See MPEP 2143). Due to a lack of disclosed criticality and unexpected results it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the touch display screen, as taught by Gorzycki et al, to be 7 inches because it would have been an obvious matter of design choice since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M GOOD whose telephone number is (571)270-7480. The examiner can normally be reached Mon to Wed, 7am to 3pm.
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/SAMANTHA M GOOD/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794
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