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 .
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot in view of new grounds of rejection.
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 1-15 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 recites “a wavelength .. is larger than a volume …”. It is not understood what is being meant. Wavelength is measures in units of length like mm, nm, etc. Volume is measured in cc, liters, oz, etc. These cannot be compared with each other. For prosecution advancement examiner interprets wavelength is larger than a radius / diameter of object.
Claims 2-15 recite or encompass this limitation and are rejected for same reasons as above.
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.
Claims 1-15 rejected under 35 U.S.C. 103 as being unpatentable Alsaedi [Breast Cancer Detection Using Microwaves and Microwave-Thermography Techniques, University of Waterloo, Canada, 2021, http://hdl.handle.net/10012/17703], in view of Persson [US 20100067770 A1]
As per claim 1, Alsaedi teaches a system for imaging an object of interest (Alsaedi Fig 3.2 for imaging a tumor) comprising:
a
a metasurface for receiving the set of low-frequency electromagnetic waves after they have passed through or around the object of interest to generate impression signals (Alsaedi Fig 3.2 metasurface, ), the metasurface including a set of unitcells (Alsaedi section 3.3 “the metasurface used in this work consists of a 10 x 10 unit cells.”); and
a processor for generating at least one impression of the object of interest based on the impression signals (Alsaedi Fig 3.2 “Processing and Visualization station”).
Alsaedi does not teach use of low frequency radiations in this embodiment.
Persson, in a related field of microwave imaging, teaches using low-frequency microwaves (Persson ¶0021 “The microwave radiation measurements are broadband and frequencies in the range from around 100 MHz to about 3 GHz or above can be utilized”, includes low frequency ranges).
Hence, before the effective filing date of the claimed invention, it was known that low frequency microwaves may be utilized for breast imaging as discussed in Persson. As per MPEP 2143.I.A Combining prior art elements according to known methods to yield predictable results, is a rationale that may conclusion of obviousness. In the instant case, the claim is only directed to providing prior art frequencies to breast assessment, so that predictable results of determining dielectric properties like permittivity and the conductivity of the tissue, for breast imaging, is achieved.
As per claim 2-3, Alsaedi in view of Persson further teaches a signal generator for providing an input to the low-frequency radiation source wherein the input is a continuous wave signal (Alsaedi section 3.5.2 “HP E4422B signal generator” ).
As per claim 4, Alsaedi in view of Persson further wherein the input is instructions to generate the set of low-frequency electromagnetic waves (Persson ¶0021 capable of as low as 100Mhz, HP E4422B capable of 250Khz to 4Ghz. See HP E4422B datasheet attached herein).
As per claim 5, Alsaedi in view Persson further comprising a display for displaying the at least one impression of the object of interest (Alsaedi Figs 3.5, 3.6).
As per claim 6, Alsaedi in view Persson further teaches wherein each of the set of unit cells is smaller than the size wavelength of each of the low-frequency electromagnetic waves (Alsaedi page 59, unit cell is approximately 9.9 mm. wavelength is 157 mm).
As per claim 7, Alsaedi in view Persson further teaches wherein the set of unitcells are arranged in an array (Alsaedi page 58 “metasurface array is 10 cells × 10 cells”).
As per claim 8, Alsaedi in view Persson further teaches wherein each of the set of unitcells comprises: a reactive portion and nonreactive portion (Alsaedi section 3.3 ELC resonator that consists of two back-to-back split ring resonators … hosted on top of 3.175 mm thick Rogers TMM10i dielectric substrate. Resonators including the resistor is the reactive part and the dielectric is the nonreactive part).
As per claims 9-10, Alsaedi in view Persson further teaches wherein the reactive portion comprises: an outer portion; and an inner portion wherein the reactive portion further comprises: a set of vias connected to the outer portion (Alsaedi Fig 3.3 vias connected to the resistive load. The outside portion of resistive load corresponds to an outer portion).
As per claim 11,Alsaedi in view Persson further teaches wherein each of the set of unitcells comprises: surface mounted components (Alsaedi Fig 3.4 metasurface comprising ELCs mounted on them).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OOMMEN JACOB whose telephone number is (571)270-5166. The examiner can normally be reached 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANNE M KOZAK can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Oommen Jacob/Primary Examiner, Art Unit 3797