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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by JEON (KR102034273, English translation is provided).
Regarding claim 1, JEON discloses a real-time impedance matching method for a high-frequency treatment device, the method comprising: fixing, to a preset inductance in a reference impedance setting step, inductance of an impedance matching part for measuring impedance in the high-frequency treatment device and impedance in a patient's body (page 3 “a first variable condenser unit for measuring the impedance in the microwave treatment apparatus and the body impedance of the subject”); applying, in a minimum impedance search step, a search voltage lower than a medical procedure voltage (page 3 “the first minimum reflection value checking step and the second minimum reflection value checking step may measure a reflection value using a voltage standing wave ratio (VSWR) meter’”) and searching for a minimum impedance by changing the inductance of the impedance matching part; measuring, in a reflected wave measurement step (page 3 “a first variable condenser unit for measuring the impedance in the microwave treatment apparatus and the body impedance of the subject”); applying, in a minimum impedance search step, a search voltage lower than a medical procedure voltage (page 3 “the first minimum reflection value checking step and the second minimum reflection value checking step may measure a reflection value using a voltage standing wave ratio (VSWR) meter’”), at least two reflected waves under a condition in which the inductance of the impedance matching part is varied; comparing, in a reflected wave minimum value search step, the measured reflected waves to search for a reflected wave minimum value (page 5, The capacitive control unit 300 measures the first minimum reflection value and the first minimum value measured while changing the capacitance value of the first variable capacitor unit 100 while the capacitance value of the second variable capacitor unit 200 is fixed”); determining, in an inductance determination step, the inductance of the impedance matching part that satisfies the reflected wave minimum value (page 5 “Checking the first capacitance value of the first variable capacitor unit 100 forming the reflection value, the second variable capacitor in a state in which the capacitance value of the first variable capacitor unit 100 is fixed to the first capacitance value Impedance matching is performed to check the second capacitance value of the second variable capacitor 200 forming the second minimum reflection value and the second minimum reflection value measured while changing the capacitance value of the unit 200”); and operating, in a high-frequency application step, the high- frequency treatment device with the medical procedure voltage to apply high-frequency waves to the patient's skin under a condition of the inductance of the impedance matching part determined in the inductance determination step (page 6 “The corrective capacitance control unit measures the impedance in the microwave treatment apparatus and the body within the subject's body within the final reflection value measured by the VSWR meter, that is, the second minimum reflection value is within a predetermined range, that is, the second minimum reflection value is greater than 1: 1 and less than 1.5 or less. By checking that the impedance is matched, the angle between the first rotary electrode wing plate member 120 and the second rotary electrode wing plate member 220 is fixed to the first rotation angle and the second rotation angle, and an impedance matching signal is provided to the main body. In addition, by applying the operation signal of the microwave generator 1 for skin treatment starts the microwave treatment operation”).
Regarding claim 2, JEON discloses the method of claim 1, wherein after the high- frequency application step, the steps starting from the reflected wave measurement step are repeated when it is intended to apply high-frequency waves to a new medical procedure position on the patient's skin (page 5 “When the operator checks the notification in the error occurrence notification unit 320, the operator may perform the impedance matching operation again by correcting the posture of the operator or the position of the microwave generator”).
Claim Rejections - 35 USC § 103
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over JEON (KR102034273, English translation is provided)
Regarding claim 5, the method of claim 1, wherein the impedance matching part comprises: a first variable inductor part configured to measure the impedance in the high-frequency treatment device; and a second variable inductor part configured to measure the impedance in the patient's body “the impedance in the body of the subject may be measured through the second variable condenser 200, which may change the capacitance value and is electrically connected to the first variable condenser 100.”). However, JEON does not disclose wherein inductance of the first variable inductor part and inductance of the second variable inductor part are the same. It would have been obvious to one having ordinary skill in the art at the time the invention effectively filed to make first and second variables to be the same part, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Allowable Subject Matter
Claim 3-4 and 6-7 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 a statement of reasons for the indication of allowable subject matter: The Examiner has failed to identify any reference which that, either alone or in combination discloses, suggests or renders obvious of wherein in the reflected wave minimum value search step, while the inductance of the impedance matching part is varied, a plurality of inflection points of measured reflected wave intensity are found, and the reflected wave minimum value having a lowest reflected wave intensity among the plurality of inflection points is found or wherein each of the first variable inductor part and the first variable inductor part comprises at least two unit inductors connected in series, and each of the at least two unit inductors comprises an inductor and a switch connected in parallel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: KR20120088456 teaches an impedance matching circuit is provided to reduce costs by matching the impedance of an antenna with simple configuration (abstract).
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794
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