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 Amendment
This Office action is responsive to the amendment filed October 16, 2025. As directed by the amendment, claims 1 and 15 have been amended. Claims 1-20 remain pending.
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 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 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 1-20 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by Emery WO 2014137835 A1 (of record).
Regarding claim 1, Emery discloses an ultrasound treatment system (e.g., Fig. 1) for dithering a focus point from an ultrasound transducer at one or more depths (claim 1 and [0006] “…different locations in tissue, such as different depths … and/or positions … split a beam to focus at two three four or more focal points”), comprising: an ultrasonic probe comprising an ultrasound transducer with a single transduction element adapted to simultaneously apply ultrasound to tissue (Claims 1 and 2, and Fig. 1, “100”, claim 1 and [0006] [0110] “… a single transducer module can be adjusted or controlled for varied depths”), wherein the ultrasound transducer is poled with at least a first poling configuration and a second poling configuration (claim 1 and [0176-0178]), a control module coupled to the ultrasonic probe for controlling the ultrasound transducer (claim 1and Fig. 1 “300”) wherein the control module modifies the spacing between a first focal zone and a second focal zone via dithering, wherein dithering comprises electronically scattering (i.e., modulation of a frequency) a position of a beam focus point at the first focal zone and electronically scattering the position of the beam focus at the second focal zone (claim 1, amplitude modulation poling and phase shifting, [0006] regarding changes of location of treatment are dynamically controlled over time, and discussion from [0142] - [0146],specifically [0146] “ … a transducer with circular aperture emitting ultrasonic energy at various operating frequencies can be modulated by a sine and/or cosine functions at spatial frequencies listed in Table 3. Modulated aperture of the transducer can produce a simultaneously or substantially simultaneously split beam with two foci having different separation distances” - modulation of frequency by a sine and/or cosine function is a form of modulation of frequency that reads on electronically scattering).
Regarding claims 2-12: re: claim 2, see claim 2 of Emery and discussion above regarding switching from one frequency to another that would separate the spaced locations; re: claim 3, see claim 3 of Emery; re: claim 4, see claim 5 of Emery; re: claim 5, see claim 11 of Emery; re: claim 6, see claim 9 of Emery; re: claim 7, see claim 10 of Emery; re: claim 8, see claim 6 of Emery; re: claim 9, see claim 8 of Emery re: claim 10, see claim 7 of Emery; re: claim 11, see claim 14 of Emery; and re: claim 12, see claim 12 of Emery.
Regarding claim 15, Emery discloses a method of simultaneously dithering a focused ultrasound beam at multiple depths ([0006]), comprising: providing an ultrasonic probe comprising a single transduction element (Fig. 1, “100”, claim 1 and 2) and a control module (Fig. 1 “300”, claim 1), wherein the single transduction element is adapted to apply ultrasonic therapy to tissue at a focal zone at a focal depth ([0002]), wherein the control module is coupled to the ultrasonic probe for controlling the single transduction element (see illustration Fig. 1 and claims 1 and 2), and dithering the focal zone via modulation of a frequency to alter a size of the focal zone at the tissue, wherein dithering comprises electronically scattering a position of a beam focus at the focal zone (claim 1, amplitude modulation poling and phase shifting, [0006] regarding changes of size and/or volume of treatment are dynamically controlled over time, and discussion from [0142] - [0146], specifically [0146] “ … a transducer with circular aperture emitting ultrasonic energy at various operating frequencies can be modulated by a sine and/or cosine functions at spatial frequencies listed in Table 3. Modulated aperture of the transducer can produce a simultaneously or substantially simultaneously split beam with two foci having different separation distances” - modulation of frequency by a sine and/or cosine function is a form of modulation of frequency that reads on electronically scattering).
Regarding claims 13, 14 and 18, see [0045].
Regarding claim 16 and 19, see table 3 after [0146], switching form one frequency to another, relative position of focal zone is dithered, the difference in separation distance in table 3 fall within the claimed range e.g., switching from 4 MHz to 10 Mhz; as to modulation frequency, switching from 4 Mhz to 10 Mhz falls within the claimed range.
Regarding claim 17, see [0006] “…split a beam to focus at two three four or more focal points”, hence a second focal zone.
Regarding claim 20, see [0005], [0093].
Response to Arguments
Applicant's arguments filed October 16, 2025 have been fully considered but they are not persuasive. As noted in the rejection section above, modulation of frequency by a sine and/or cosine function is a form of modulation of frequency that reads on electronically scattering.
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 BONIFACE N NGANGA whose telephone number is (571)270-7393. The examiner can normally be reached Mon. - Thurs. 5:30 am - 4:00 pm.
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/BONIFACE N NGANGA/Primary Examiner, Art Unit 3797