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 .
Election/Restrictions
Claims 1, 3, & 19-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected device, method, and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/16/2025.
Claim Interpretation
Claim 9 recites the limitation of “when operating in the MRI scanning mode,” & “when operating in the AMF treatment mode.” which in an interpretation it may be construed as a conditional limitation where the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case scenario of “when” not being advanced… which the claim would not require this limitation to be a positive recitation.
Claim 13 recites the limitation of “when the MRI-based AMF treatment system completes driving the AMF treatment mode,” & “when treatment and diagnosis via the MRI-based AMF treatment system are completed.” which in an interpretation it may be construed as a conditional limitation where the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case scenario of “when” not being advanced… which the claim would not require this limitation to be a positive recitation.
In the recent Ex parte Gopalan decision, the PTAB addressed a claim where all of the features were recited in a conditional manner. A first step of “identifying … an outlier” was performed if “traffic is outside of a prediction interval.” A second step of “identifying” was performed “only when a count of outliers … is greater than or equal to two, and exceeds an anomaly threshold.” These were the only two elements of the independent claim. Thus, if the traffic is never outside Gopalan’s prediction interval, then the steps of the method are never performed.
However, the PTAB distinguished Schulhauser and noted that this construction “would render the entire claim meaningless.” Gopalan at p. 5. The Board went on to state, “Although each of these steps is conditional, they are integrated into one method or path and do not cause the claim to diverge into two methods or paths, as in Schulhauser. Thus, we conclude that the broadest reasonable interpretation of claim 1 requires the performance of both steps…” Id. at p. 6.”
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “AMF generating part” in claim 2 & 14-15 interpreted as being an AMF device (Spec [0014]); “the signal transmission/reception part” in claims 4, 9, & 15 interpreted as being a coil (Spec [0031]); “system control part” in claims 4,10, 12-13 interpreted as being a controller (Spec [0090]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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 6 is 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.
Claim 6 recites the limitation “the gradient coil is configured to surround the target area of the whole body of the patient and change magnetic fields in x, y, and z axes three-dimensionally, and the RF coil is configured to surround a local target area of the patient and generate an AMF.” which renders the claim unclear. It is unclear whether the system requires both a “gradient coil” and an “RF coil”, according to Claim 5 which Claim 6 depends from, the system comprises at least one of a gradient coil and an RF coil.
Claim Rejections - 35 USC § 102
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 2, 4-10, & 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao (CN107320105A; hereinafter referred to as Gao).
Regarding Claim 2, Gao discloses A magnetic resonance imaging (MRI)-based alternating magnetic field (AMF) treatment system (“The system of the present invention combines radio-frequency electromagnetic wave transmitting coils for treatment, radio-frequency electromagnetic wave transmitting and receiving dual-purpose coils for imaging, alternating magnetic field coils for treatment and gradient magnetic field coils, and includes two modes: imaging mode and treatment mode” [Abstract], comprising:
an MRI device (“Taking the central axis as the common axis, from the inside to the outside, there are coaxial radio frequency electromagnetic wave transmitting and receiving coils for imaging, alternating magnetic field coils for treatment, main magnets and shielding coils;” [Contents of the invention], “The electromagnetic waves emitted from the human body are transmitted to the computer through the transceiver switch, and the computer performs image processing to form an MRI image.” [Contents of the invention]).
and an AMF generating part operable in conjunction with the MRI device and configured to generate an AMF (“3) Electromagnetic induction therapy: the computer controls the alternating magnetic field coil for treatment to generate an alternating magnetic field through the gradient magnetic field power amplifier; the computer controls the first and second gradient magnetic field coils to generate an alternating magnetic field through the gradient magnetic field power amplifier, The phase of the alternating magnetic field generated by the magnetic field coil is the same to increase the intensity of the alternating magnetic field in the treatment target area, or generate a magnetic field that changes in opposite phase to the magnetic field of the alternating magnetic field coil for treatment to reduce the influence on tissues outside the target area.” [Treatment Mode].
wherein the system is configured to operate between an MRI scanning mode and an AMF treatment mode (“The combined nuclear magnetic resonance imaging and electromagnetic induction and radio frequency treatment system includes an imaging mode and a treatment mode, and the imaging mode is performed at intervals in the treatment mode” [Contents of the invention]).
Regarding Claim 4, Gao discloses the MRI device comprises: an MRI coil system configured to surround a target area of a whole body of a patient and generate an AMF (“Among them, the top of the patient bed 10 is the central axis 19, and the human body is placed on the patient bed 10, located on the central axis 19; with the central axis as the common axis, there are coaxial radio frequency electromagnetic wave transceiver dual-purpose coils for imaging sequentially from the inside to the outside. , Alternating magnetic field coil for treatment, main magnet and shielding coil” [Detailed Description]);
a signal transmission/reception part configured to apply an alternating current to the MRI coil system; and a system control part configured to switch between the MRI scanning mode and the AMF treatment mode and to adjust a strength and a frequency of the AMF (“The computer controls the first and second gradient magnetic field coils to generate an alternating magnetic field through the gradient magnetic field power amplifier, which is in the same phase as the alternating magnetic field generated by the therapeutic alternating magnetic field coil to increase the strength of the alternating magnetic field in the target area, or to generate and treat Use the magnetic field of the alternating magnetic field coil to change the magnetic field in reverse to reduce the impact on tissues outside the target area;” [Contents of the invention]).
Regarding Claim 5, Gao discloses the MRI coil system comprises at least one or more of a gradient coil and an RF coil (“The combined nuclear magnetic resonance imaging and electromagnetic induction and radio frequency treatment system of the present invention comprises: Patient bed, radio frequency electromagnetic wave transmitting coil for treatment, radio frequency electromagnetic wave transmitting and receiving coil for imaging, alternating magnetic field coil for treatment, first and second gradient magnetic field coils, main magnet, shielding coil, transceiving switch, nuclear magnetic resonance spectrometer, RF power amplifier, gradient magnetic field power amplifier and computer” [Contents of the invention]).
Regarding Claim 6, Gao discloses the gradient coil is configured to surround the target area of the whole body of the patient and change magnetic fields in x, y, and z axes three-dimensionally, and the RF coil is configured to surround a local target area of the patient and generate an AMF (“The computer uses the gradient magnetic field power amplifier to control the first and second gradient magnetic field coils to generate a gradient magnetic field to selectively excite the imaging layer and the spatial encoding of the magnetic resonance signal;” [B. Imaging mode]).
Regarding Claim 7, Gao discloses the coil is arranged in a plurality of parallel structures (“The number of radio frequency electromagnetic wave transmitting coils for treatment is installed in single or multiple pairs, and each pair of radio frequency electromagnetic wave transmitting coils for treatment is symmetrical about the central axis, and the connecting line is perpendicular to the central axis;” [Contents of the Invention]).
Regarding Claim 8, Gao discloses the coil has a plurality of different inner diameters (“A radio frequency electromagnetic wave transmitting coil for treatment is installed in the middle of the inner wall surface of the radio frequency electromagnetic wave transmitting and receiving dual-purpose coil for imaging;” [Contents of the Invention], being installed in the inner wall surface of another coil inherently requires a smaller diameter).
Regarding Claim 9, Gao discloses the MRI-based AMF treatment system is configured to operate in one of the MRI scanning mode and the AMF treatment mode (“ the combined nuclear magnetic resonance imaging, electromagnetic induction and radio frequency treatment system includes an imaging mode and a treatment mode, and a pulse sequence is pre-programmed according to needs. The computer runs pre-programmed pulse sequences that allow imaging modes to be spaced between therapy modes:” [Contents of the invention]),
and to operate the signal transmission/reception part via an existing MRI sequence controller when operating in the MRI scanning mode ( “the combined nuclear magnetic resonance imaging, electromagnetic induction and radio frequency treatment system includes an imaging mode and a treatment mode, and a pulse sequence is pre-programmed according to needs. The computer runs pre-programmed pulse sequences that allow imaging modes to be spaced between therapy modes” [Contents of the invention], “The radio-frequency electromagnetic wave transceiver dual-purpose coil for imaging can transmit and receive pulsed radio-frequency electromagnetic waves for nuclear magnetic resonance temperature imaging, structural imaging and functional imaging, or emit continuous electromagnetic waves for large-scale radio-frequency hyperthermia; the duration of each pulsed radio-frequency electromagnetic wave is 0.001 to 1 second; the duration of each continuous electromagnetic wave is longer than 1 second.” [Contents of the invention])
and to transmit a signal to and operate the gradient coil or the RF coil according to a sequence designed separately so that an alternating current is supplied to an MRI coil when operating in the AMF treatment mode (“The computer controls the first and second gradient magnetic field coils to generate an alternating magnetic field through the gradient magnetic field power amplifier, which is in the same phase as the alternating magnetic field generated by the alternating magnetic field coil for treatment, increasing the alternating magnetic field in the treatment target area Strength of;” [A. Treatment mode:]).
Regarding Claim 10, Gao discloses the system control part is configured to flow an alternating current having a set frequency through coils, convert a surrounding magnetic field into an AMF, and thereby generate the AMF in the target area of the whole body of the patient (“The gradient magnetic field power amplifier excites the first and second gradient magnetic field coils to generate a gradient magnetic field in any direction, or generates an alternating magnetic field that changes in the direction of the horizontal axis; the gradient magnetic field power amplifier excites the alternating magnetic field coil for treatment to generate an alternating magnetic field in the direction of the horizontal axis magnetic field.” [Contents of the invention]).
Regarding Claim 12, Gao discloses the system control part controls one of the MRI scanning mode and the AMF treatment mode to be closed in a switched-on or switched-off control method (“The radio frequency electromagnetic wave transceiver dual-purpose coil for imaging is connected to the transceiver switch, and the transceiver switch controls the radio frequency electromagnetic wave transceiver dual-purpose coil for imaging to be in the transmitting state or the receiving state. In the transmitting state, the radio frequency electromagnetic wave transceiver dual-purpose coil for imaging passes through the transceiver switch Connect to the radio frequency power amplifier, or in the receiving state, the imaging radio frequency electromagnetic wave transceiver dual-purpose coil is connected to the computer through the transceiver switch” [Contents of the invention]).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gao in view of Stigliano et al ([1] R. V. Stigliano et al., “Mitigation of eddy current heating during magnetic nanoparticle hyperthermia therapy,” International Journal of Hyperthermia, vol. 32, no. 7, pp. 735–748, Jul. 2016.; hereinafter referred to as Stigliano).
Regarding Claim 11, Gao discloses all limitations noted above except that the set frequency has an electromagnetic wave range of 380 kHz or less.
However, in a similar field of endeavor, Stigliano teaches magnetic nanoparticle (MNP) hyperthermia therapy using Alternating Magnetic Fields [Introduction].
Stigliano also teaches the set frequency has an electromagnetic wave range of 380 kHz or less (“The AMF induction coil used in these experiments is a single-turn surface coil with a magnetic core (Fluxtrol Inc., Aubrun Hills, MI, USA). It is powered by a 25kW generator (Radyne Corp., Milwaukee, WI, USA), which drives 135–400kHz AC current through the coil, thus generating a 135–400kHz AMF [56]. The frequency used in the following experiments was 162kHz.” [Methods])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Gao as outlined above with the set frequency has an electromagnetic wave range of 380 kHz or less as taught by Stigliano, because it can determine safe exposure levels on either a patient specific basis, or at least a site specific basis, as the diverse tissue regions in which tumors may be present can vary greatly in physical dimension and tissue thermal and electrical properties, resulting in different safe levels of AMF [Introduction].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gao in view of Cho et al (US20080045831A1; hereinafter referred to as Cho).
Regarding Claim 13, Gao discloses the patient is positioned so that an MRI scanning site is drawn into an isocenter of a static magnetic field when the MRI-based AMF treatment system completes driving the AMF treatment mode (“The system of the present invention combines radio-frequency electromagnetic wave transmitting coils for treatment, radio-frequency electromagnetic wave transmitting and receiving dual-purpose coils for imaging, alternating magnetic field coils for treatment and gradient magnetic field coils, and includes two modes: imaging mode and treatment mode;” [Abstract], “The patient bed can move in three spatial dimensions, in cooperation with a magnetic resonance imaging system, so that the treatment target area can be accurately positioned in the irradiation center.” [Contents of the invention]),
Gao does not specifically disclose that the system control part controls a table and controls the table on which the patient is positioned to be drawn out of the MRI-based AMF treatment system when treatment and diagnosis via the MRI-based AMF treatment system are completed.
However, in a similar field of endeavor, Cho teaches a cradle transferring device, which moves and withdraws a cradle to and from an examination table of an MRI apparatus [Abstract].
Cho also teaches that the system control part controls a table and controls the table on which the patient is positioned to be drawn out of the MRI-based AMF treatment system when treatment and diagnosis via the MRI-based AMF treatment system are completed (“The input device 127 is connected to a controller 128, which controls the operations of the cradle transferring device 100. The controller 128 controls a transfer member driving means and a cradle locking means, which will be described later.” [0038], “Thereafter, the examination table 12 b of the MRI apparatus is moved into the magnetic field tube 12 a (see FIG. 2) with the cradle 110 received therein and the examination of MRI apparatus is then performed. After the examination of MRI apparatus is completed, the examination table 12 is moved to its initial position where the cradle 110 is moved thereto as shown in FIG. 15. In such a case, the cradle 110 is not displaced on the examination table 12 b of the MRI apparatus by the cradle locking means.” [0081])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Gao as outlined above with MRI scanning by the MRI device and AMF treatment by the AMF generating part are configured to be performed in spaces separated from each other as taught by Martel, because in the case that repetition of the procedure is recommended, the patient is easily rolled back into the MRI and compositions can be re-injected for further drug delivery [0047].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gao in view of Martel et al (US20150126964A1; hereinafter referred to as Martel).
Regarding Claim 14, Gao discloses all limitations noted above except that MRI scanning by the MRI device and AMF treatment by the AMF generating part are configured to be performed in spaces separated from each other.
However, in a similar field of endeavor, Martel teaches a system, an apparatus and a method using alternating magnetic fields for heating compositions [0001].
Martel also teaches that MRI scanning by the MRI device and AMF treatment by the AMF generating part are configured to be performed in spaces separated from each other (“After injection, the patient is placed inside the MRI for magnetic resonance tracking and steering of the compositions. Once the compositions have reached the desired location, they become stationary due to their size, and, as seen in highly schematic FIG. 8, embolized at the far ends of small blood vessels near the blood-brain barrier area. At this time, the patient is rolled outside of the MRI and placed inside the hyperthermia system where the AC magnetic field finalizes the drug-release mechanism sequence.” [0047).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Gao as outlined above with MRI scanning by the MRI device and AMF treatment by the AMF generating part are configured to be performed in spaces separated from each other as taught by Martel, because in the case that repetition of the procedure is recommended, the patient is easily rolled back into the MRI and compositions can be re-injected for further drug delivery [0047].
Claim 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gao in view of Martel as applied to Claim 14 above, and further in view of Cho.
Regarding Claim 15, Gao discloses the AMF generating part comprises an AMF coil system configured to surround a target area of a whole body of a patient and generate an AMF (“The system of the present invention combines radio-frequency electromagnetic wave transmitting coils for treatment, radio-frequency electromagnetic wave transmitting and receiving dual-purpose coils for imaging, alternating magnetic field coils for treatment and gradient magnetic field coils, and includes two modes: imaging mode and treatment mode;” [Abstract])
and wherein the MRI-based AMF treatment system further comprises: a signal transmission/reception part configured to apply an alternating current to at least the AMF coil system; and a system control part configured to control operation of the MRI device, and the AMF generating part and to adjust a strength and a frequency of the AMF according to each mode switching (“The computer controls the first and second gradient magnetic field coils to generate an alternating magnetic field through the gradient magnetic field power amplifier, which is in the same phase as the alternating magnetic field generated by the therapeutic alternating magnetic field coil to increase the strength of the alternating magnetic field in the target area, or to generate and treat Use the magnetic field of the alternating magnetic field coil to change the magnetic field in reverse to reduce the impact on tissues outside the target area;” [Contents of the invention]).
Gao does not specifically disclose a shuttle bed configured to be movable to separated spaces according to the MRI scanning mode and the AMF treatment mode; and a system control part configured to control operation of the shuttle bed.
However, in a similar field of endeavor, Martel teaches a shuttle bed configured to be movable to separated spaces according to the MRI scanning mode and the AMF treatment mode (“After injection, the patient is placed inside the MRI for magnetic resonance tracking and steering of the compositions. Once the compositions have reached the desired location, they become stationary due to their size, and, as seen in highly schematic FIG. 8, embolized at the far ends of small blood vessels near the blood-brain barrier area. At this time, the patient is rolled outside of the MRI and placed inside the hyperthermia system where the AC magnetic field finalizes the drug-release mechanism sequence.” [0047).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Gao as outlined above with a shuttle bed configured to be movable to separated spaces according to the MRI scanning mode and the AMF treatment mode as taught by Martel, because in the case that repetition of the procedure is recommended, the patient is easily rolled back into the MRI and compositions can be re-injected for further drug delivery [0047].
Gao in view of Martel does not specifically teach a system control part configured to control operation of the shuttle bed.
However, in a similar field of endeavor, Cho teaches a system control part configured to control operation of the shuttle bed (“The input device 127 is connected to a controller 128, which controls the operations of the cradle transferring device 100. The controller 128 controls a transfer member driving means and a cradle locking means, which will be described later.” [0038], “Thereafter, the examination table 12 b of the MRI apparatus is moved into the magnetic field tube 12 a (see FIG. 2) with the cradle 110 received therein and the examination of MRI apparatus is then performed. After the examination of MRI apparatus is completed, the examination table 12 is moved to its initial position where the cradle 110 is moved thereto as shown in FIG. 15. In such a case, the cradle 110 is not displaced on the examination table 12 b of the MRI apparatus by the cradle locking means.” [0081])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Gao in view of Martel as outlined above with a system control part configured to control operation of the shuttle bed as taught by Cho, because in the case that repetition of the procedure is recommended, the patient is easily rolled back into the MRI and compositions can be re-injected for further drug delivery [0047].
Regarding Claim 16, Gao discloses the AMF coil system comprises at least one or more of a gradient coil and an RF coil, the gradient coil is configured to surround the target area of the whole body of the patient and change magnetic fields in x, y, and z axes three-dimensionally, and the RF coil is configured to surround a local target area of the patient and generate an AMF (“The gradient magnetic field power amplifier excites the first gradient magnetic field coil and the second gradient magnetic field coil to generate a gradient changing magnetic field in any direction or generate an alternating magnetic field changing in the horizontal axis direction; the gradient magnetic field power amplifier excites the therapeutic alternating magnetic field coil to generate an alternating magnetic field in the horizontal axis direction.” [Contents of the Invention], “the radio frequency heating treatment is carried out on a small range of the human body” [Contents of the Invention]).
Regarding Claim 17, Gao discloses the coil is arranged in a plurality of parallel structures, or the coil has a plurality of different inner diameters (“the alternating magnetic field coil for treatment, the first gradient magnetic field coil, the second gradient magnetic field coil, the main magnet and the shielding coil are all hollow coaxial cylinders.” [Contents of the Invention]).
Regarding Claim 18, Gao discloses all limitations noted above except that the frequency of the AMF has an electromagnetic wave range that does not have a harmful effect on a human body.
However, in a similar field of endeavor, Martel teaches that the frequency of the AMF has an electromagnetic wave range that does not have a harmful effect on a human body (“the frequency of the electromagnetic field should be higher than 50 kHz to avoid neuromuscular electro-stimulation and lower than 10 MHz for appropriate penetration.” [0080])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Gao as outlined above with a system control part configured to control operation of the shuttle bed as taught by Martel, because it would avoid neuromuscular electro-stimulation [0080].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure (US 20080045829 A1, US 20120306494 A1, US8093896B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN MALDONADO whose telephone number is 703-756-1421. The examiner can normally be reached 8:00 am-4:00 pm PST M-Th 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, Christopher Koharski can be reached on (571) 272-7230. 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.
/Steven Maldonado/
Patent Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
Prosecution Insights