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 Objections
Claims 21-30, 35, and 37 are objected to because of the following informalities:
Regarding claim 21, a limitation directed to “an AC signal generator configured to generate an AC signal” should be included in the claim to clarify how the signal is generated and connected to the plurality switches.
Regarding claim 21, the limitation “a processor programmed to” should be changed to “a processor programmed to:” in order to current a minor informality. Claims 23-24 are objected to by virtue of their dependency.
Regarding claim 22, the limitation “baseline MRI” should be changed to “baseline MRI image” in order to clarify that an image from MRI is inputted.
Regarding claim 25, the limitation “programmed to” should be changed to “programmed to:” in order to correct a minor informality. Claims 26-28 are objected to by virtue of their dependency.
Regarding claim 29, a limitation directed to “an AC signal generator configured to generate an AC signal” should be included in the claim to clarify how the signal is generated and connected to the plurality switches.
Regarding claim 30, the limitation “baseline MRI” should be changed to “baseline MRI image” in order to clarify that an image from MRI is inputted.
Regarding claim 35, the limitations “obtaining an MRI” and “the MRI” should be changed to “obtaining an MRI image” and “the MRI image” in order to clarify that an image was obtaining using an MRI.
Regarding claim 37, the limitation “baseline MRI” should be changed to “baseline MRI image” in order to clarify that an image from MRI is obtained.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 32 and 39 are 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.
Regarding claim 32, the limitations “a majority of the electrode elements in the first set ” and “a majority of the electrode elements in the second set” renders the claim indefinite because the claim fails to define how electrode elements are considered a majority. The specification discloses that a majority is considered to be all of the electrode elements in [0078]. The Examiner has interpreted the majority as “all of the electrode elements”.
Regarding claim 39, the limitations “a majority of the electrode elements in the first set ” and “a majority of the electrode elements in the second set” renders the claim indefinite because the claim fails to define how electrode elements are considered a majority. The specification discloses that a majority is considered to be all of the electrode elements in [0078]. The Examiner has interpreted the majority as “all of the electrode elements”.
Allowable Subject Matter
Claims 31-40 are allowable.
Claims 21-30 would be allowable if rewritten or amended to overcome the objections above.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior arts are Giladi (U.S. 2017/0281934), Medvedovsky (U.S. 2019/0269348), Wegner (U.S. 2019/0308016) and Franke (U.S. 2020/0188660)
Regarding claim 21:
Giladi discloses an apparatus for generating an output specifying locations for one or more electrode arrays applying alternating electric fields to a target region in a subject's body using a first set of at least 4 electrode elements positioned on or in the subject's body on a first side of the target region and a second set of at least 4 electrode elements positioned on or in the subject's body on a second side of the target region that is opposite to the first side, the apparatus comprising:
a plurality of switches ([0054], switches) configured to route an AC signal ([0031], AC signal switching) between any of the electrode elements within the first set of at least 4 electrode elements ([0031], electrodes) and any of the electrode elements within the second set of at least 4 electrode elements ([0031], electrodes); and
a processor ([0046], processor) programmed to
control a state of the plurality of switches ([0049], electric fields imposed during time intervals).
Wegner teaches generate a first output specifying locations for the electrode arrays for applying alternating electric fields to a first target in the target region ([0044], position determination).
Franke teaches control a state of the plurality of switches to, during a first window of time, facilitate sequential measurement of a respective first impedance or conductance between each of the electrode elements in the first set and each of the electrode elements in the second set ([0425], impedance and conductance measurements).
However, Giladi, Wegner, and Franke fail to teach calculate, based on the first impedance or conductance measurements, a first impedance or conductance at each of at least 27 voxels that correspond to the target region, generate a first output specifying locations for the electrode arrays, based on the first impedances or conductances of the voxels, for applying alternating electric fields to a first target in the target region.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten to overcome the objections above. Claims 22-28 are allowable by virtue of their dependency.
Regarding claim 29:
Giladi discloses An apparatus for generating an output specifying locations for one or more electrode arrays applying alternating electric fields to a target region in a subject's body using a first set of at least 4 electrode elements positioned on or in the subject's body on a first side of the target region and a second set of at least 4 electrode elements positioned on or in the subject's body on a second side of the target region, wherein the second side is opposite to the first side, the apparatus comprising:
a plurality of switches ([0054], switches) configured to route an AC signal ([0031], AC signal switching) between (a) selected ones of the electrode elements within the first set of at least 4 electrode elements ([0031], electrodes) and (b) selected ones of the electrode elements within the second set of at least 4 electrode elements ([0031], electrodes); and
a processor ([0046], processor) programmed to
control a state of the plurality of switches ([0049], electric fields imposed during time intervals).
Wegner teaches generate an output specifying locations for the electrode arrays for applying alternating electric fields to the target region ([0044], position determination).
Medvedovsky teaches determine a first plurality of electrical characteristics of the target region while the first plurality of electrical signals is being applied ([0026] and [0032], measurements made),
generate a first tomographic image of the target region based on the determined first plurality of electrical characteristics ([0006], tomographic imaging).
However, Giladi, Wegner, and Medvedovsky failed to disclose generate an output specifying locations for the electrode arrays, based on the first tomographic image, for applying alternating electric fields to the target region.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten to overcome the objections above. Claim 30 is allowable by virtue of their dependency.
Regarding claim 31:
Giladi discloses a method of planning treatment of a target region in a subject's body using alternating electric fields, the method comprising:
positioning a first set of at least 4 electrode elements on or in the subject's body on a first side of the target region ([0031], electrodes);
positioning a second set of at least 4 electrode elements on or in the subject's body on a second side of the target region ([0031], electrodes), wherein the second side is opposite to the first side ([0031], electrode positioning);
applying, during a first window of time, a first plurality of electrical signals to the electrode elements in the first set and the electrode elements in the second set ([0031], AC signal switching);
Medvedovsky discloses determining a first plurality of electrical characteristics of the target region while the first plurality of electrical signals is being applied;
generating a first tomographic image of the target region based on the determined first plurality of electrical characteristics ([0006], tomographic imaging).
However, Giladi and Medvedovsky fails to disclose generating a plan, based on the first tomographic image, for treating the target region with alternating electric fields.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record. Claims 32-40 are allowable by virtue of their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm.
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, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
Prosecution Insights