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 .
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.
Claims 1-3, 6, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0196348 A1 to Wasserman in view of CN 101988856 A to Nagamura et al. (hereinafter “Nagamura”).
Regarding claim 1, Wasserman teaches:
A transducer array (see abstract, first sentence), comprising:
a first electrode/first electrode element (see annotated fig. 5, 152 below and para 0076);
a second electrode/ second electrode element (see annotated fig. 5, 152 below and para 0076);
a temperature sensing circuit/CAD box (containing a temperature measurement component—see fig. 6, 130 and 132) comprising:
a first thermistor adjacent to the first electrode (see annotated fig. 5 – 152 and 154 below, annotated fig. 6 below, para 0076, and para 0083), the first thermistor (all thermistors in the system) being a first variable resistor whose resistance varies with temperature (see abstract: “This may be accomplished by using thermistors that sense the temperature of each electrode element.” And para 0006: “ Each of the thermistors has a first terminal and a second terminal, and each of the thermistors is positioned to sense a temperature at a corresponding respective one of the electrode elements.”) – it is commonly known to one of ordinary skill in the art that a thermistor is a resistor that varies with temperature, and a lead/cable (see figs. 5-6, 156) configured to carry an electrical signal to the first electrode and the second electrode (see the following sentence of para 0039: “However, unlike the Optune® system and FIG. 1 (in which all the elements are wired in parallel), an individual conductor runs from each of the electrode elements 52 to the connector 57 in this FIG. 3 embodiment. These conductors are numbered 1-9 just above the “wire routing” block 55 (which funnels the individual conductors together into a single cable 56). In some preferred embodiments, the electrical connection to each of the electrode elements 52 comprises one or more traces on a flex circuit and/or one or more conductive wires.”, para 0051-0052, and para 0076-0077 – the connector (fig. 6, 157) is used to send signals to each electrode element, which is transmitted by the single cable (156) in fig. 6.), and a second thermistor adjacent to the second electrode (see annotated fig. 5 below), and wherein the second thermistor (all thermistors in the system) being a second variable resistor whose resistance varies with temperature (see abstract: “This may be accomplished by using thermistors that sense the temperature of each electrode element.” And para 0006: “ Each of the thermistors has a first terminal and a second terminal, and each of the thermistors is positioned to sense a temperature at a corresponding respective one of the electrode elements.”) – it is commonly known to one of ordinary skill in the art that a thermistor is a resistor that varies with temperature), and wherein the lead/cable (see fig. 5, 156 and para 0082) further has a first sensor wire/conductor (see fig. 5, conductor number 1) electrically coupled to the first thermistor (see abstract, fig. 5, 1 and 156, para 0074-0075, and para 0078-0080)
but does not disclose
an RC circuit coupled in series with the first thermistor, the RC circuit comprising a second thermistor adjacent to the second electrode, and a capacitor in parallel with the second thermistor,
the second thermistor being a second variable resistor whose resistance varies with temperature,
and wherein the lead further has a first sensor wire electrically coupled to the first thermistor
and a second sensor wire electrically coupled to the RC circuit opposite the first thermistor.
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However, Nagamura teaches a temperature sensor/temperature sensing circuit (see fig. 1, 1) comprising:
an RC circuit coupled in series with the first thermistor/thermistor element (see annotated fig. 1 below, abstract, and para 0033),
the RC circuit comprising a second thermistor (see annotated fig. 1 below),
and a capacitor in parallel with the second thermistor (see annotated fig. 1 below),
and
wherein the temperature sensor contains a signal wire with two ends (see fig. 1, reference number 2), where electrically coupled to the RC circuit opposite the first thermistor (see annotated fig. 1 below and para 0055):
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Wasserman with the teachings of Nagamura to arrive at the claimed invention. Such combination would improve the system by allowing for accurate temperature sensing across each electrode element while reducing the number of wires needed in the system, ultimately providing a lighter and more versatile device while enabling proper temperature and stimulation adjustment at each individual electrode element.
Regarding claim 2, Wasserman as modified teaches:
The transducer array of claim 1, wherein the temperature sensing circuit/CAD box (containing a temperature measurement component—see figs. 4 and 6 - 30, 32, 130, and 132) further comprises a third electrode (see annotated fig. 4 below and fig. 6), and a third thermistor adjacent to the third electrode (see annotated fig. 4 below and fig. 6),
wherein the third thermistor (all thermistors in the system) is a third variable resistor whose resistance varies with temperature (see abstract: “This may be accomplished by using thermistors that sense the temperature of each electrode element.” And para 0006: “ Each of the thermistors has a first terminal and a second terminal, and each of the thermistors is positioned to sense a temperature at a corresponding respective one of the electrode elements.”) – it is commonly known to one of ordinary skill in the art that a thermistor is a resistor that varies with temperature),
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but does not explicitly disclose all of the following:
the RC circuit is a first RC circuit and the capacitor is a first capacitor, and wherein the temperature sensing circuit further comprises:
a third electrode;
and a second RC circuit coupled in series with the first thermistor and the first RC circuit, the second RC circuit comprising a third thermistor, and a second capacitor in parallel with the third thermistor.
Nagamura teaches wherein the RC circuit is a first RC circuit and the capacitor is a first capacitor, and
and a second RC circuit coupled in series with the first thermistor and the first RC circuit,
the second RC circuit comprising a third thermistor (see annotated fig. 1 below),
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and a second capacitor in parallel with the third thermistor (see annotated fig. 1 below)
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Wasserman with the teachings of Nagamura to arrive at the claimed invention. Such combination would improve the system by allowing for accurate temperature sensing across each electrode element while reducing the number of wires needed in the system, ultimately providing a lighter and more versatile device while enabling proper temperature and stimulation adjustment at each individual electrode element.
Regarding claims 3, Wasserman as modified teaches:
The transducer array of claim 1, wherein the temperature sensing circuit does not have a capacitor in parallel with the first thermistor.
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Regarding claim 6, Wasserman as modified teaches:
The transducer array of claim 2, wherein the first thermistor is in direct contact with the first electrode (see annotated figs. 3-4 below and para 0041).
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Regarding claim 17, Wasserman teaches:
A transducer array (see abstract, first sentence), comprising:
a first electrode/first electrode element (see annotated fig. 5, 152 below and para 0076);
a second electrode/ second electrode element (see annotated fig. 5, 152 below and para 0076);
a temperature sensing circuit/CAD box (containing a temperature measurement component—see fig. 6, 130 and 132) comprising:
a first thermistor adjacent to the first electrode (see annotated fig. 5 – 152 and 154 below, annotated fig. 6 below, para 0076, and para 0083), the first thermistor (all thermistors in the system) being a first variable resistor whose resistance varies with temperature (see abstract: “This may be accomplished by using thermistors that sense the temperature of each electrode element.” And para 0006: “ Each of the thermistors has a first terminal and a second terminal, and each of the thermistors is positioned to sense a temperature at a corresponding respective one of the electrode elements.”) – it is commonly known to one of ordinary skill in the art that a thermistor is a resistor that varies with temperature, and a lead/cable (see figs. 5-6, 156) configured to carry an electrical signal to the first electrode and the second electrode (see the following sentence of para 0039: “However, unlike the Optune® system and FIG. 1 (in which all the elements are wired in parallel), an individual conductor runs from each of the electrode elements 52 to the connector 57 in this FIG. 3 embodiment. These conductors are numbered 1-9 just above the “wire routing” block 55 (which funnels the individual conductors together into a single cable 56). In some preferred embodiments, the electrical connection to each of the electrode elements 52 comprises one or more traces on a flex circuit and/or one or more conductive wires.”, para 0051-0052, and para 0076-0077 – the connector (fig. 6, 157) is used to send signals to each electrode element, which is transmitted by the single cable (156) in fig. 6.), and a second thermistor adjacent to the second electrode (see annotated fig. 5 below), and wherein the second thermistor (all thermistors in the system) being a second variable resistor whose resistance varies with temperature (see abstract: “This may be accomplished by using thermistors that sense the temperature of each electrode element.” And para 0006: “ Each of the thermistors has a first terminal and a second terminal, and each of the thermistors is positioned to sense a temperature at a corresponding respective one of the electrode elements.”) – it is commonly known to one of ordinary skill in the art that a thermistor is a resistor that varies with temperature), and wherein the lead/cable (see fig. 5, 156 and para 0082) further has a first sensor wire/conductor (see fig. 5, conductor number 1) electrically coupled to the first thermistor (see abstract, fig. 5, 1 and 156, para 0074-0075, and para 0078-0080), but does not disclose wherein,
a first circuit comprising a first thermistor in parallel with a first capacitor, and a first reactance of the first circuit varying with frequency;
a second circuit comprising a second thermistor in parallel with a second capacitor, the second thermistor being a second variable resistor whose resistance varies with temperature, a second reactance of the second circuit varying with frequency, the first circuit in series with the second circuit.
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However, Nagamura teaches a first circuit comprising a first thermistor in parallel with a first capacitor, and a first reactance of the first circuit varying with frequency (see annotated fig. 1 below, para 0009 and para 0043 – a first reactance of the first circuit would be inherent in the circuit, since the reactance will change as the frequency changes in the circuit);
a second circuit comprising a second thermistor in parallel with a second capacitor, the second thermistor being a second variable resistor whose resistance varies with temperature, a second reactance of the second circuit varying with frequency, the first circuit in series with the second circuit (see annotated fig. 1 below, para 0009 and para 0043 – a second reactance of the second circuit would be inherent in the circuit, since the reactance will change as the frequency changes in the circuit ).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Wasserman with the teachings of Nagamura to arrive at the claimed invention. Such combination would improve the system by allowing for accurate temperature sensing across each electrode element while reducing the number of wires needed in the system, ultimately providing a lighter and more versatile device while enabling proper temperature and stimulation adjustment at each individual electrode element.
Regarding claim 18, Wasserman as modified teaches:
The transducer array of claim 17, but does not disclose wherein the transducer array further comprise:
a first inductor in parallel with the first capacitor, and a second inductor in parallel with the second capacitor.
However, Nagamura teaches wherein a first inductor in parallel with the first capacitor, and a second inductor in parallel with the second capacitor (see annotated fig. 1 below).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Wasserman with the teachings of Nagamura to arrive at the claimed invention, since such combination would improve the system by allowing for accurate temperature sensing across each electrode element, ultimately allowing for proper temperature and stimulation adjustment at each individual electrode element.
Regarding claim 19, Wasserman as modified teaches:
The transducer array of claim 18, but does not disclose wherein the first capacitor and the first inductor have a first resonant frequency and the second capacitor and the second inductor have a second resonant frequency different from the first resonant frequency.
However, Nagamura teaches wherein the first capacitor and the first inductor have a first resonant frequency and the second capacitor and the second inductor have a second resonant frequency different from the first resonant frequency (see para 0009— the temperature sensor comprises a first and second temperature measuring part containing a first capacitor and first inductor, followed by a second inductor and second capacitor, and each temperature measuring part have different resonant frequencies).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Wasserman with the teachings of Nagamura to arrive at the claimed invention, since such combination would improve the system by allowing for accurate temperature sensing across each electrode element, ultimately allowing for proper temperature and stimulation adjustment at each individual electrode element.
Regarding claim 20, Wasserman as modified teaches:
The transducer array of claim 19, but does not disclose wherein the second resonant frequency is in a range of from 5 – 15 times the first resonant frequency.
However, Nagamura teaches wherein the first capacitor and the first inductor have a first resonant frequency and the second capacitor and the second inductor have a second resonant frequency different from the first resonant frequency (see para 0009— the temperature sensor comprises a first and second temperature measuring part containing a first capacitor and first inductor, followed by a second inductor and second capacitor, and each temperature measuring part has different resonant frequencies).
Therefore, it would have been obvious to one of ordinary skill in the art as of the filing date of Applicant' s invention to engage in routine experimentation to discover the optimal range of 5-15 times the first resonant frequency to allow for accurate temperature sensing at each electrode element. See MPEP § 2144.05(II)(A) (“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation”) (citing In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wasserman in view of Nagamura, and further in view of US 2020/0368533 A1 to Borlase et al. (hereinafter “Borlase”).
Regarding claim 7, Wasserman as modified teaches:
The transducer array of claim 2 containing thermistors (see fig. 5, 152), but does not explicitly disclose wherein the first thermistor is a negative temperature coefficient thermistor and the second thermistor is a negative temperature coefficient thermistor.
However, Borlase teaches a method and system for monitoring and regulation temperatures of a neurostimulator programmer (see abstract, lines 1-2). The system (fig. 1) comprises temperature sensors/thermistors that can be negative temperature coefficient thermistors (see para 0059, first sentence).
Therefore, 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 modified teachings of Wasserman with the teachings of Borlase to arrive at the claimed invention. Such combination would lead to a reasonable expectation for success, since the prior art shows the use of a thermistor with a negative temperature coefficient to allow for accurate temperature sensing across each electrode element, ultimately allowing for proper stimulation adjustment at each individual electrode element.
Allowable Subject Matter
Claims 4-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The closest prior art of record considered is Wasserman , Nagamura, and US 8,764,675 B2 to Palti.
Regarding claim 4, Wasserman as modified teaches:
The transducer array of claim 2, but does not disclose wherein the second capacitor has a second capacitance, and wherein the first capacitor has a first capacitance wherein the first capacitance is greater than the second capacitance.
Nagamura teaches wherein the temperature sensing circuit comprises a first capacitor and second capacitor, and wherein a capacitor can have a small capacity (see annotated fig. 1 below and para 0051 -- it is inherence that the first and second capacitor must have a first and second capacitance),
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but does not disclose wherein the first capacitor has a first capacitance wherein the first capacitance is greater than the second capacitance.
Palti teaches wherein the electrode (see fig. 2, 10) used to provide electric fields to the patient comprise ceramic discs with a capacitance of 10-20nF (see fig. 2, 20 and col. 2, lines 37-48), but does not explicitly disclose wherein the first capacitance is greater than the second capacitance.
Regarding claim 5, Wasserman as modified teaches:
The transducer array of claim 2, but does not disclose wherein the first capacitor has a first capacitance of approximately 1,000 nf and the second capacitor has a second capacitance of approximately 1 nf.
Nagamura teaches wherein the temperature sensing circuit comprises a first capacitor and second capacitor, and wherein a capacitor can have a small capacity (see annotated fig. 1 below and para 0051 -- it is inherence that the first and second capacitor must have a first and second capacitance),
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but does not disclose wherein the first capacitor has a first capacitance of approximately 1,000 nf and the second capacitor has a second capacitance of approximately 1 nf.
Palti teaches wherein the electrode (see fig. 2, 10) used to provide electric fields to the patient comprise ceramic discs with a capacitance of 10-20nF (see fig. 2, 20 and col. 2, lines 37-48), but does not explicitly disclose wherein the first capacitor has a first capacitance of approximately 1,000 nf and the second capacitor has a second capacitance of approximately 1 nf.
The closest prior art references of record to be considered for claims 8-16 are Wasserman, Nagamura, Palti, US 2015/0088224 A1 to Goldwasser et al. (hereinafter “Goldwasser”), and US 2021/0228895 A1 to Nicacio et al. (hereinafter “Nicacio”).
Regarding claim 8, Wasserman teaches: A tumor treating field system, comprising:
an electric field generator configured to generate an electrical signal having an alternating current waveform (see para 0014), a first electrode (see annotated fig. 5 below); a second electrode (see annotated fig. 5 below);
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a lead electrically coupled to the electric field generator (see annotated fig. 6 below, para 0002, para 0005, para 0083),
the lead/wire configured to carry the electrical signal to the first electrode and the second electrode (through the use of the plurality of conductors (1) and the connector (157)—see fig. 6 below, and para 0074-0078),
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the lead/wire further having a first sensor wire/conductor and a second sensor wire/conductor (see annotated fig. 6 above and para 0078-0081);
a temperature sensing circuit/CAD box (see fig. 6, 130) comprising:
a first thermistor adjacent to the first electrode (see annotated fig. 5 – 152 and 154 below, fig. 6, 152 and 154, para 0076, and para 0083),
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the first thermistor (all thermistors in the system) being a first variable resistor whose resistance varies with temperature (see abstract: “This may be accomplished by using thermistors that sense the temperature of each electrode element.” And para 0006: “ Each of the thermistors has a first terminal and a second terminal, and each of the thermistors is positioned to sense a temperature at a corresponding respective one of the electrode elements.”) – it is commonly known to one of ordinary skill in the art that a thermistor is a resistor that varies with temperature, and being electrically coupled to the first sensor wire (see annotated fig. 6 below, para 0083, and 0085), and wherein the second thermistor being a second variable resistor having a resistance that varies with temperature (see abstract: “This may be accomplished by using thermistors that sense the temperature of each electrode element.” And para 0006: “ Each of the thermistors has a first terminal and a second terminal, and each of the thermistors is positioned to sense a temperature at a corresponding respective one of the electrode elements.”) – it is commonly known to one of ordinary skill in the art that a thermistor is a resistor that varies with temperature;
and a controller in communication with the electric field generator (see fig. 6, 35 and 134, para 0015, and para 0018), the first sensor wire, and the second sensor wire (see annotated fig. 6 below, para 0085-0086 and para 0088),
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But does not disclose:
an RC circuit coupled in series with the first thermistor, the RC circuit comprising a second thermistor adjacent to the second electrode and a capacitor in parallel with the second thermistor, the RC circuit being electrically coupled to a sensor wire, and does not explicitly disclose wherein,
the controller having a processor and a non-transitory computer-readable medium storing computer-executable instructions that when executed by the processor causes the processor to:
provide a first sensing signal along the first sensor wire, the first sensing signal having a first frequency;
measure a first impedance between the first sensor wire and the second sensor wire;
provide a second sensing signal along the first sensor wire, the second sensing signal having a second frequency greater than the first frequency;
measure a second impedance between the first sensor wire and the second sensor wire;
determine a first temperature of the first thermistor based on the second impedance;
and determine a second temperature of the second thermistor based on the first impedance and the second impedance.
However, Nagamura teaches a temperature sensor/temperature sensing circuit (see fig. 1, 1) comprising:
an RC circuit coupled in series with the first thermistor/thermistor element (see annotated fig. 1 below, abstract, and para 0033),
the RC circuit comprising a second thermistor (see annotated fig. 1 below),
and a capacitor in parallel with the second thermistor (see annotated fig. 1 below),
and wherein the RC circuit being electrically coupled to a signal/sensor wire (see fig. 1, reference number 2 below and para 0055)
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And wherein the temperature sensor is configured to provide a first sensing signal along the first sensor wire/signal wire, the first sensing signal having a first frequency (see para 0048-0055), and measuring a first impedance (see para 0049), but does not explicitly disclose the following:
The controller having a processor and a non-transitory computer-readable medium storing computer-executable instructions that when executed by the processor causes the processor to:
measure a first impedance between the first sensor wire and the second sensor wire;
provide a second sensing signal along the first sensor wire, the second sensing signal having a second frequency greater than the first frequency;
measure a second impedance between the first sensor wire and the second sensor wire;
determine a first temperature of the first thermistor based on the second impedance;
and determine a second temperature of the second thermistor based on the first impedance and the second impedance.
Palti teaches an electrode used for applying an electric field to a patient using a plurality of ceramic discs designed to be situated on a patient’s skin (see abstract). The system (figs. 1 and 4) teaches:
providing a first sensing signal along the first sensor wire and a second sensor wire, the first sensing signal having a first frequency;
determine a first temperature of the first thermistor and determine a second temperature of the second thermistor (see fig. 4 and col. 3, lines 6-27), and lowering stimulation/adjusting AC voltage based on the sensed signal from the temperature sensors (see col. 2, lines 11-14), but does not explicitly disclose the following:
The controller having a processor and a non-transitory computer-readable medium storing computer-executable instructions that when executed by the processor causes the processor to:
measure a first impedance between the first sensor wire and the second sensor wire;
provide a second sensing signal along the first sensor wire, the second sensing signal having a second frequency greater than the first frequency;
measure a second impedance between the first sensor wire and the second sensor wire;
determine a first temperature of the first thermistor based on the second impedance;
and determine a second temperature of the second thermistor based on the first impedance and the second impedance.
Goldwasser teaches an apparatus and method for transdermal electrical stimulation (see abstract, lines 1-2). The system (figs. 1A-1B) comprises and a controller having a processor and a non-transitory computer-readable medium storing computer-executable instructions that when executed by the processor (see para 0087) causes the processor to
configured to adjust the applied stimulation based on the detected resistance/impedance between first and second electrodes (see para 0071-0073), but does not explicitly disclose wherein the processor is configured to:
provide a second sensing signal along the first sensor wire, the second sensing signal having a second frequency greater than the first frequency;
measure a second impedance between the first sensor wire and the second sensor wire;
determine a first temperature of the first thermistor based on the second impedance;
and determine a second temperature of the second thermistor based on the first impedance and the second impedance.
Nicacio teaches a method for inhibiting the growth of proliferating cells or viruses in living tissue by applying a AC signal at a frequency in a range from 50 kHz to 500 MHz (see abstract and para 0052) containing self-adhesive electrodes (see para 0029), but does not disclose processor causes the processor to:
measure a first impedance between the first sensor wire and the second sensor wire;
provide a second sensing signal along the first sensor wire, the second sensing signal having a second frequency greater than the first frequency;
measure a second impedance between the first sensor wire and the second sensor wire;
determine a first temperature of the first thermistor based on the second impedance;
and determine a second temperature of the second thermistor based on the first impedance and the second impedance.
Therefore, after further search and consideration, no single reference or combination could be found to reject any of the pending claims. As such, claims 4-5 and claims 8-16 are allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (US 11,771,912 B2) teaches a cancer treatment device comprising first and second electrodes, a signal generator, and a temperature sensor/thermistor (see abstract and col. 5, lines 35-44).
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/K.J.W./Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792