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 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sharma (JP 2022519782 A).
Regarding claim 1, Sharma teaches a cancer treatment apparatus (“invention uses alternating polar (AP) magnetic field…to disrupt or suppress the proliferation of…cancer”, paragraph 3, page 5) comprising:
A magnetic field generator (alternating magnetic field generator 110, AP electromagnetic coil 120) configured to generate an alternating magnetic field to be applied to a living body (“AP electromagnetic coil 120 comprises on or more target body areas of a patient…for the treatment of cancer”, paragraph 5, page 5); and
A magnetic field controller (controller 130) configured to increase an intensity of the alternating magnetic field (“controller controls the frequency and field intensity of the AP magnetic field”, paragraph 9, page 14) generated by the magnetic field generator stepwise until a first period of time elapses (“stepwise change in frequency or a change in a different range”, paragraph 1, page 8) since beginning application of the alternating magnetic field to the living body, and to set the intensity of the alternating magnetic field to a previously set maximum value from elapse of the first period of time until a timing to end the application of the alternating magnetic field (“controller 130 includes a timing control module 112…over a programmed duration…or timing of multiple therapy treatment periods…timing control module 112 implements a first treatment at a first frequency and field intensity over a first time period”, paragraph 2, page 6).
Regarding claim 2, Sharma teaches the magnetic field controller (controller 130) sequentially increasing the intensity of the alternating magnetic field multi-stepwise until the first period of time elapses (“stepwise change in frequency or a change in a different range…sequentially or simultaneously by providing multiple (e.g., two or more) coils to one or more target regions”, paragraph 1, page 8).
Regarding claim 3, Sharma teaches the magnetic field controller (controller 130) continuously changing the intensity of the alternating magnetic field until the first period of time elapses (“timing module can also control the timing of changes in other therapeutic parameters such as changes in frequency or field intensity”, paragraph 2, page 6).
Regarding claim 4, Sharma teaches the magnetic field controller (controller 130) capable of increasing an average of the intensity of the alternating magnetic field over time from the application of the alternating magnetic field to the living body until the timing to end the application (“timing module can also control the timing of changes in other therapeutic parameters such as changes in frequency or field intensity”, paragraph 2, page 6).
Regarding claim 6, Sharma teaches a method of controlling a cancer treatment apparatus (“invention uses alternating polar (AP) magnetic field…to disrupt or suppress the proliferation of…cancer”, paragraph 3, page 5) including a magnetic field generator (alternating magnetic field generator 110, AP electromagnetic coil 120) configured to generate an alternating magnetic field to be applied to a living body (“AP electromagnetic coil 120 comprises on or more target body areas of a patient…for the treatment of cancer”, paragraph 5, page 5), the method comprising:
Increasing an intensity of the alternating magnetic field generated by the magnetic field generator stepwise until a first period of time elapses (“stepwise change in frequency or a change in a different range”, paragraph 1, page 8) since beginning application of the alternating magnetic field to the living body; and setting the intensity of the alternating magnetic field to a previously set maximum value from elapse of the first period of time until a timing to end the application of the alternating magnetic field (“controller 130 includes a timing control module 112…over a programmed duration…or timing of multiple therapy treatment periods…timing control module 112 implements a first treatment at a first frequency and field intensity over a first time period”, paragraph 2, page 6).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being obvious over Sharma in view of Boeve (CN 102421359 A).
Regarding claim 5, Sharma teaches all the limitations of claim 1, but does not teach a state sensor configured to sense a heat generating state of the living body.
However, Boeve teaches a cancer treatment apparatus (“magnetic heat treatment…combined with other cancer therapies”, paragraph [0005]) with a state sensor (“receiving device for collecting detection signal”, paragraph [0034]) configured to sense a heat generating state of the living body (“before and/or after heating test through providing a receiving device for collecting detection signal”, paragraph [0034]), wherein the magnetic field controller adjusts the intensity of the alternating magnetic field until the first period of time elapses such that the heat generating state is excluded from exceeding a previously set threshold based on the heat generating state sensed by the state sensor (“generates heat of relatively small quantity because only changes one time when…magnetization must be changed several times…given time interval of the frequency”, paragraph [0071]).
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 cancer treatment apparatus of Sharma with Boeve and incorporate a state sensor in order to gather body temperature of the patient and distribute alternating magnetic fields relative to the detected body temperature.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARA LINH TRAN whose telephone number is (571)272-3598. The examiner can normally be reached 7:30am-5:00pm M-F.
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/L.L.T./Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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