DETAILED ACTION
This action is pursuant to the claims filed on 12/05/2024. Claims 1-20 are pending. A first action on the merits of claims 1-20 is as follows.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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).
Pearson fails to explicitly teach the monitoring and displaying of current and voltage being in real-time.
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 and displaying of Pearson in view of Broderick to incorporate the monitoring and displaying of the current and voltage in real-time to arrive at claim 1. Doing so would advantageously enable a physician monitor the progress, safety, and efficacy of the electroporation in real-time (Pearson UI of Figs 32-34; 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 operations further include a display of a charging voltage (Fig 32 “Charge section”).
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, 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).
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).
Pearson fails to explicitly teach the monitoring and displaying of current and voltage being in real-time.
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 and displaying of Pearson in view of Broderick to incorporate the monitoring and displaying of the current and voltage in real-time to arrive at claim 13. Doing so would advantageously enable a physician monitor the progress, safety, and efficacy of the electroporation in real-time (Pearson UI of Figs 32-34; Broderick [0106]).
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).
Conclusion
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
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