DETAILED ACTION
This action is pursuant to the claims filed on 09/03/2026. Claims 1-20 are pending. A first action on the merits of claims 1-20 is as follows.
Response to Amendment
Applicant’s amendment to the claims are acknowledged and entered accordingly.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearson (U.S. PGPub No. 2010/0249771) in view of Broderick (CN 103687644).
Regarding claim 1, Pearson teaches A system comprising: a generator coupled to a processor (Fig 1 generator 10 and computer 40), the generator configured to deliver at least one electrical pulse to a target tissue to electroporate the target tissue (Fig 1 and [0038]); a display device in communication with the processor (Fig 1 monitor 11); and a memory in communication with the processor (Fig 1 computer 40 and memory [0007]), the memory storing instructions that, when executed, cause the processor to perform operations including: monitor a current and a voltage of the at least one electrical pulse delivered to the target tissue by the generator (Fig 33 and [0212-0215] a plot of current and voltage over time is provided on the monitor and “Result Graphs” tab 500 can be clicked at any time); provide a user interface on the display device for displaying one or more graphs of the current and voltage of the at least one electrical pulse (Fig 33 and [0212-0215] a plot of current and voltage over time is provided on the monitor and “Result Graphs” tab 500 can be clicked at any time); while displaying a rate of a treatment progress during an electroporation treatment to electroporate the target tissue (Fig 32 Pulse progress bar 286; [0205] “a feature that tracks the treatment progress and provides the user with an option to automatically retreat for low or missing pulses”).
Pearson fails to explicitly teach the monitoring and displaying of current and voltage being in real-time and the displaying of the rate of treatment progress is simultaneous.
In related prior art, Broderick teaches a similar device wherein real-time measurements of voltage and current are obtained ([0106] real-time acquisition and storage of all parameters including current and voltage of electroporation). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the current and voltage monitoring display of Pearson in view of Broderick to incorporate the monitoring and displaying of the current and voltage in real-time simultaneously with the real-time rate of progress treatment to arrive at claim 1. Doing so would advantageously enable a physician monitor the progress, safety, and efficacy of the electroporation in real-time as displaying acquired data in real-time is well-known in the art to yield the predictable results stated above (Pearson UI of Figs 32-34 [0205] disclosing advantages in tracking treatment progress in real-time; Broderick [0106]).
Regarding claim 2, Pearson teaches wherein the one or more graphs include a vertical line grid or bar graph of each of the current and voltage of the at least one electrical pulse (see Fig 33).
Regarding claims 3-4, Pearson teaches wherein each individual bar of the one or more graphs represents a delivered pulse of the at least one electrical pulse (Fig 33-34, each individual bar represents a delivered pulse); wherein a height of each bar of the one or more graphs represents a corresponding current or voltage value of the delivered pulse (Figs 33-34 vertical height of each bar represents voltage or current value).
Regarding claim 5, Pearson teaches wherein the operations further include a zoom in on the delivered pulse on the one or more graphs upon a user input (see Fig 34).
Regarding claim 6, Pearson teaches wherein delivered pulses of the at least one electrical pulse are shown in sequence from left to right relative to an orientation of the one or more graphs (see Fig 33-34).
Regarding claim 7, Pearson teaches wherein the operations further include a display, in real-time, of how much treatment time remains (Fig 32 pulse progress 286 shows how much treatment time remains based on progress of bar 286 relative to a full progress bar).
Regarding claim 8, Pearson teaches wherein the operations further include a display, in real-time, of whether a pulse of the at least one electrical pulse has been successfully delivered (Fig 32 pulse progress 286 indicates at least some pulses has been successfully delivered in real time; see also status column 402 and Figs 33-34).
Regarding claim 9, Pearson teaches wherein the operations further include a display of an icon indicating which probe pair is currently delivering the at least one electrical pulse (Fig 32 “Run section”).
Regarding claim 10, Pearson teaches wherein the treatment progress comprises a progress of completion of the at least one electrical pulse of a predetermined number of pulses of the electroporation treatment (see Fig 32, pulse progress bar 286 defines a progress of completion).
Regarding claim 11, Pearson teaches wherein the operations further include a display of an indication of electrocardiogram (ECG) synchronization (Fig 3 “ECG synchronization” and [0053] disclosing a synchronization condition flag to indicate to users on a graphic user interface a synchronization status).
Regarding claim 12, in view of the combination of claim 1, Pearson teaches wherein the operations further include a display of an icon for stopping delivery of the at least one electrical pulse, wherein the icon is displayed simultaneously with the one or more graphs and rate of treatment progress (Fig 32 real-time display has an “Abort delivery” button).
Regarding claim 13, Pearson teaches A system comprising: a generator coupled to a processor (Fig 1 generator 10 and computer 40), the generator configured to deliver at least one electrical pulse to a target tissue to electroporate the target tissue (Fig 1 and [0038]); a display device in communication with the processor (Fig 1 monitor 11); and a memory in communication with the processor (Fig 1 computer 40 and memory [0007]), the memory storing instructions that, when executed, cause the processor to perform operations including: monitor a current and a voltage of the at least one electrical pulse delivered to the target tissue by the generator (Fig 33 and [0212-0215] a plot of current and voltage over time is provided on the monitor and “Result Graphs” tab 500 can be clicked at any time); and display the current and the voltage of the at least one electrical pulse (Fig 33 and [0212-0215] a plot of current and voltage over time is provided on the monitor and “Result Graphs” tab 500 can be clicked at any time), wherein the display includes one or more graphs showing the current and voltage of each pulse of the at least one electrical pulse after each electrical pulse is delivered before a subsequent electrical pulse is delivered (Fig 33-34 shows graphs of current and voltage of each pulse in sequence), and display pulses delivered out of a total number of planned pulses to be delivered during an electroporation treatment to electroporate the target tissue (Fig 32 Pulse progress bar 286 indicating progress of individual pulse in real-time while status column 402 displays completed pulses and incomplete pulses; [0205] “a feature that tracks the treatment progress and provides the user with an option to automatically retreat for low or missing pulses”).
Pearson fails to explicitly teach the monitoring and displaying of current and voltage being in real-time and the displaying of the rate of treatment progress is simultaneous.
In related prior art, Broderick teaches a similar device wherein real-time measurements of voltage and current are obtained ([0106] real-time acquisition and storage of all parameters including current and voltage of electroporation). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the current and voltage monitoring display of Pearson in view of Broderick to incorporate the monitoring and displaying of the current and voltage in real-time simultaneously with the real-time rate of progress treatment to arrive at claim 1. Doing so would advantageously enable a physician monitor the progress, safety, and efficacy of the electroporation in real-time as displaying acquired data in real-time is well-known in the art to yield the predictable results stated above (Pearson UI of Figs 32-34 [0205] disclosing advantages in tracking treatment progress in real-time; Broderick [0106]).
Pearson fails to explicitly teach wherein the display of pulses delivered out of a total number of planned pulses is a percentage. However, it would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have provided a display of a percentage, since applicant has not disclosed that the specific display of a percentage reflecting pulses delivered divided by total pulses planned solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the real-time display of Pearson in which the display shows the total number of planned pulses with individual icons (column 402) to show completion or lack thereof of each pulse.
Regarding claim 14, Pearson teaches wherein the one or more graphs include a vertical line grid or bar graph (see Fig 33).
Regarding claim 15, Pearson teaches wherein each individual bar on the one or more graphs represent a delivered pulse (Fig 33-34, each individual bar represents a delivered pulse).
Regarding claim 16, Pearson teaches wherein the operations further include a zoom in on a delivered electrical pulse on the one or more graphs upon a user input (Fig 34 showing zoom and Fig 33 showing ‘click to zoom’ input option).
Regarding claim 17, Pearson teaches wherein the operations further include a display, in real-time, of whether a pulse of the at least one pulse has been successfully delivered (Fig 32 pulse progress bar 286 shows a real time display of when pulses have been successfully delivered (i.e., any time the progress bar advances)).
Regarding claim 18, Pearson teaches wherein the operations further include a display of a charging voltage (Fig 32 “Charge section”).
Regarding claim 19, Pearson teaches wherein the operations further include a display of an indication of electrocardiogram (ECG) synchronization (Fig 3 “ECG synchronization” and [0053] disclosing a synchronization condition flag to indicate to users on a graphic user interface a synchronization status).
Regarding claim 20, Pearson teaches wherein the operations further include a display of a rate of treatment progress (Fig 32 shows a rate of treatment progress as well as status column 402).
Response to Arguments
Applicant's arguments filed 09/03/2026 have been fully considered but they are not persuasive.
The Pearson reference discloses a real-time display of pulse generation and progress in Figure 32. However, Pearson remains silent for the ability for the system to capture and display, in real-time, the current and voltage data as claimed. However, para. [0205] of Pearson does disclose the system internally monitoring at least current in real-time to detect and automatically for “low or missing pulses, or over-current pulses”. Meanwhile, the Broderick reference was relied upon to teach the real-time acquisition and storage capacity for all parameters in an electroporation procedure. The examiner is of the position that one of ordinary skill in the art would be motivated to modify Pearson in view of Broderick to incorporate the real-time acquisition and storage of all parameters, including the current and voltage data, to display said data in real-time simultaneously with the real time display of Pearson (Fig 32). Displaying real-time acquired data for a physician to view in real-time would be obvious to one of ordinary skill in the art to yield predictable results therein. The use of real-time parameter display for medical treatment is well-known in the art to advantageously enable a physician to monitor the progress, safety, and efficacy of the medical procedure.
Applicant’s arguments are unpersuasive for the reasons above.
Conclusion
THIS ACTION IS MADE FINAL. 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 Adam Z Minchella whose telephone number is (571)272-8644. The examiner can normally be reached M-Fri 7-3 EST.
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794
