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 § 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 1-12 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 1, third to last line: “the switch” is unclear, since the claim previously recited a plurality of switches. Examiner suggests either reciting “each” switch.
Claim 2: Unclear to recite a second wire without reciting a first wire.
Claim 7: Unclear to recite a third wire without reciting first and second wires.
Claim 12: “the temperature threshold” lacks proper antecedent basis.
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1-5, 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wasserman 1 (US 2020/0155835).
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Regarding claim 1, Wasserman 1 discloses the same invention as claimed (Figures 3-4 shown above for example), including a tumor treating fields system (abstract), comprising: an electric field generator configured to generate a plurality of alternating current signals (Figure 1; Paragraph 1); at least two pairs of insulated electrodes (Figure 1), wherein each of the insulated electrodes include a plurality of electrode sheets (Figure 1; each electrode element may be considered an electrode sheet) and an electrical connector (e.g. Figure 4: 60), the electrical connector is provided with a switching circuit (Figure 4; Paragraph 40), the switching circuit is configured with switches that are respectively electrically connected with the plurality of electrode sheets one-to-one (Figure 4), each of the electrode sheets is configured with a temperature sensor (Figure 1, 3, 4); and an adapter, configured to transmit the plurality of alternating current signals to respective switches of the switching circuit of a corresponding insulated electrode (Figure 1; claim does not require the adapter is separate from the signal generator; some form of circuitry within the signal generator performs the recited function of transmitting the generated AC signal to each of the corresponding insulated electrode assemblies), wherein each switch is configured to individually control an electrical connection of the adapter to the corresponding electrode sheet to selectively apply the alternating current signals to the corresponding electrode sheet (Paragraph 40).
Regarding claims 2-4, Wasserman 1 discloses a second wire connecting the insulated electrode to the adapter and transmitting AC signals and temperature signals as recited (Paragraphs 1, 54).
Regarding claim 5, Wasserman 1 discloses a first wire connecting each electrode sheet to a switch as recited (Figure 4) and transmitting temperature and switching as recited (Paragraph 62).
Regarding claims 9-12, Wasserman discloses the same invention as claimed, including selectively switching electrodes on/off based on a temperature threshold (Paragraphs 32-39).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wasserman 1 (US 2020/0155835) in view of McAtamney (US 2007/0073175).
Regarding claim 6, Wasserman 1 discloses a first socket and a first plug with the first socket (Figure 4: 42). Wasserman does not disclose a plurality of first sockets. However, McAtamney teaches providing separate sockets and plugs for separate electrodes (Figure 1A; Paragraph 24), in order to easily replace individual electrodes. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Wasserman 1 as taught by McAtamney to include a plurality of sockets as recited, in order to easily replace individual electrodes.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wasserman 1 (US 2020/0155835) in view of Wasserman 2 (2022/0096819).
Regarding claims 7-8, Wasserman 1 does not disclose a wire/plug connecting a separate adapter to the electric field generator. However, Wasserman 2 teaches arranging an adapter (Figures 1-2: hub 30) which includes a wire 25 and plug 21 connecting to the electric field generator, in order to more easily replace adapter connector ports or add functionality. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Wasserman 1 as taught by Wasserman 2 to include an adapter with wire and plug as recited, in order to more easily replace adapter connector ports or add functionality.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wasserman 2 (2022/0096819; cited above) also shows a TTF system with pairs of electrode sheet assemblies with temperature sensors, and shows that electrode sheets may be cut (Paragraph 45).
Palti (US 2007/0225766) shows a TTF system with pairs of electrodes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eugene T Wu whose telephone number is (571)270-5053. The examiner can normally be reached M-F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at 571-272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eugene T Wu/Primary Examiner, Art Unit 3796
