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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 13 and 14 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The claims recite selectively deactivating “based on a selection of angles that are one or more of: most distant from previous angles used within a current duty cycle, and orthogonal,” but claim 20 already requires the selection of angles to be “based on a selection of angles that are most distant from previous angles used within a current duty cycle.” Placing this requirement in the alternative in a dependent claim renders the limitation optional in dependent claims 13 and 14 (but required in claim 20), violating section 112(d). Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 20 is rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Palti (US 2009/0076366, hereinafter “Palti”).
In regards to claim 20, Palti discloses a method comprising:
causing cyclical application of a first electric field via a first transducer array in a first direction and a second electric field via a second transducer array in a second direction (par. 0009; “AC voltage”), opposite the first direction, to a region of interest, wherein the first transducer array comprises a first plurality of electrodes and the second transducer array comprises a second plurality of electrodes (Fig. 1; first array including the electrodes on the top and bottom of the figure and second array including the electrodes on the right and left of the figure); and
during the cyclical application,
selectively deactivating, one or more electrodes of the first plurality of electrodes or one or more electrodes of the second plurality of electrodes, to adjust an angle at which the first electric field or the second electric field is applied to the region of interest, wherein selectively deactivating is based on a selection of angles that are most distant from previous angles used within a current duty cycle (Fig. 1, par. 0009; horizontal and vertical angles are the most distant from each other in the 4-electrode configuration shown in Fig. 1. The claim does not require more than two pairs of electrodes).
Allowable Subject Matter
Claims 1, 6-12, 15-19, 21 and 22 are allowed for the same reasons set forth in the previous Office action.
Claims 13 and 14 appear to avoid the prior art, but remain rejected under section 112(d) above.
Claim 20 is rejected under the prior art above.
Response to Arguments
Applicant’s amendments placing allowable subject matter in claims 1 and 18 avoid the previous grounds of rejection in view of the prior art and the remaining claim amendments avoid the previous grounds of rejection under section 112(b). New claims 20, 13 and 14 remain rejected as indicated above.
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 MICHAEL W KAHELIN whose telephone number is (571)272-8688. The examiner can normally be reached M-F, 8-5.
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, Benjamin Klein can be reached at (571)270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W KAHELIN/ Primary Examiner, Art Unit 3792
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