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 .
This Office action withdraws the last Office action dated April 22, 2026. This Office action is responsive to an amendment filed April 6, 2026. Claims 2-24 are pending. Claim 1 has been canceled. New claims 22-24 have been added.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 11, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 2-6 & 8-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barthe et al. (US 2012/0271294) (“Barthe” hereinafter) in view of Cornejo et al. (WO 99/48621) (“Cornejo” hereinafter).
In regards to claim 2, Barthe discloses a system for skin tightening treatment (see at least par 0022, 0041, 0091, 0250, 0253-254 & 0260), comprising:
a plurality of ultrasound elements (19, 119, 219, 2404, 3104) configured to vibrate under excitation to produce ultrasound waves (see at least fig. 31 and par 0123, 0250 & 0290-0292); and
electrical circuitry (20, 86) configured to excite at least three of the plurality of the plurality of ultrasound elements (19, 119, 219, 2404, 3104) simultaneously (see at least par 0136, 0188, 0241, 0260 & 0282) to cause ultrasound energy to be emitted in a frequency between 9 MHz and 22 MHz (see at least par 0042, 0046, 0119-0120 & 0173-0174) to thereby cause a temperature to rise to a value between 500C to 800C (see at least par 0109, 0162, 0203, 0209, 0217 & 0262-0263) in at least three (vertically) spaced apart target tissue regions (13, 15, 17) (see at least figs. 4 & 12 and par 0194 & 0250-0251) at a depth of between 0.5 mm to 5 mm from the epidermis layer (see at least par 0041-0042 & 0250).
Barthe discloses a system, as described above, that fails to explicitly teach a system comprising a plurality of flat ultrasound elements configured to vibrate under excitation to produce ultrasound waves; a plurality of upper electrodes; a plurality of lower electrodes, wherein each ultrasound element of the plurality of flat ultrasound elements is located between one of the plurality of upper electrodes and one of the plurality of lower electrodes, and wherein the plurality of flat ultrasound elements, the plurality of upper electrodes, and the plurality of lower electrodes form a plurality of ultrasound transducers; a plurality of flexible portions interconnecting in series the plurality of ultrasound transducers in a chain-like configuration to form a flexible applicator, wherein spaces are interposed between the plurality of ultrasound transducers to enable the flexible applicator to be shaped in accordance with a contour of a non-flat tissue surface of an epidermis layer.
However, Cornejo teaches that it is known to provide a system for skin tightening treatment, comprising: a plurality of flat ultrasound elements (15, 32) configured to vibrate under excitation to produce ultrasound waves; a plurality of upper electrodes 38 (see at least fig. 2 and par 0041); a plurality of lower electrodes 40, wherein each ultrasound transducer (15, 32) of the plurality of flat ultrasound elements (15, 32) is located between one of the plurality of upper electrodes 38 and one of the plurality of lower electrodes 40, and wherein the plurality of flat ultrasound elements (15, 32), the plurality of upper electrodes 38, and the plurality of lower electrodes 40 form a plurality of ultrasound transducers 15 (see at least figs. 1A-C, 2A-B, 3A-C & 4); a plurality of flexible portions interconnecting in series the plurality of ultrasound transducers 15 in a chain-like configuration to form a flexible applicator (see fig. 2B), wherein spaces (12, 14) are interposed between the plurality of ultrasound transducers 15 to enable the flexible applicator to be shaped in accordance with a contour of a non-flat tissue surface of an epidermis layer (see at least pg. 2, lines 13-16; pg. 3, lines 12-15; pg. 6, lines 2-11).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe comprising a plurality of flat ultrasound elements configured to vibrate under excitation to produce ultrasound waves; a plurality of upper electrodes; a plurality of lower electrodes, wherein each ultrasound element of the plurality of flat ultrasound elements is located between one of the plurality of upper electrodes and one of the plurality of lower electrodes, and wherein the plurality of flat ultrasound elements, the plurality of upper electrodes, and the plurality of lower electrodes form a plurality of ultrasound transducers; a plurality of flexible portions interconnecting in series the plurality of ultrasound transducers in a chain-like configuration to form a flexible applicator, wherein spaces are interposed between the plurality of ultrasound transducers to enable the flexible applicator to be shaped in accordance with a contour of a non-flat tissue surface of an epidermis layer as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 3, Barthe discloses the system of claim 2, wherein the electrical circuitry (20, 86) includes at least one processor (see at least par 0136, 0188, 0241, 0260 & 0282).
In regards to claim 4, Barthe discloses the system of claim 2, that fails to explicitly teach a system wherein the plurality of flexible portions are regions of flexible material. However, Cornejo teaches that it is known to provide a system wherein the plurality of flexible portions are regions of flexible material (i.e., fiber sheet 25) (see at least figs. 1A-C, 2A-B, 3A-C & 4). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe wherein the plurality of flexible portions are regions of flexible material as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 5, Barthe discloses the system of claim 4, that fails to explicity teach a system wherein each of the plurality of flexible portions is part of a common layer of the flexible material. However, Cornejo teaches that it is known to provide a system wherein each of the plurality of flexible portions is part of a common layer 25 of the flexible material (see at least fig. 2B). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe wherein each of the plurality of flexible portions is part of a common layer of the flexible material as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 6, Barthe discloses the system of claim 5, that fails to explicitly teach a system wherein the common layer of flexible material extends across and interconnects the plurality of ultrasound transducers. However, Cornejo teaches that it is known to provide a system wherein the common layer 25 of flexible material extends across and interconnects the plurality of ultrasound transducers (15, 32) (see at least figs. 1A & 2B). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe wherein the common layer of flexible material extends across and interconnects the plurality of ultrasound transducers as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 8, Barthe discloses the system of claim 2, that fails to explicitly teach a system wherein each lower electrode is mounted on a substrate layer, and wherein the substrate layer includes no more than 10% electrically conductive material by volume. However, Cornejo teaches that it is known to provide a system wherein each lower electrode 40 is mounted on a substrate layer 16, and wherein the substrate layer 16 includes no more than 10% electrically conductive material (i.e., filler material such as tungsten or titanium may be about 2-50% by volume, preferably about 5-30% by volume) by volume (see at least fig. 1C and pg. 13, lines 6-25). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Barthe as wherein the substrate layer includes no more than 10% electrically conductive material by volume as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing the amount of filler necessary to increase the acoustic impedance of the polymer-based matching layer so as to impart the desired acoustic impedance onto the impedance matching layer (see pg. 13, lines 6-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 9, while Barthe discloses the system of claim 8, wherein the electrical circuitry (20, 86) is configured to convey electrical current for exciting the plurality of flat ultrasound elements (19, 119, 219, 2404, 3104) (see at least par 0042, 0046, 0119-0120 & 0173-0174), Barthe discloses a system that fails to explicity teach a system with the electrical current for exciting the plurality of flat ultrasound elements via the electrically conductive material associated with the substrate layer. However, Cornejo teaches that it is known to provide a system with the electrical current for exciting the plurality of flat ultrasound elements (15, 32) via the electrically conductive material associated with the substrate layer 16 (see at least fig. 1C and pg. 13, lines 6-25). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe with the electrical current for exciting the plurality of flat ultrasound elements via the electrically conductive material associated with the substrate layer as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 10, Barthe discloses the system of claim 2, that fails to explicitly teach a system wherein less than 30% of a surface area of each of the plurality of upper electrodes is in contact with a substrate layer. However, Cornejo teaches that it is known to provide a system wherein less than 30% (i.e., 0%) of a surface area of each of the plurality of upper electrodes 38 is in contact with a substrate layer 16 (see at least fig. 1C). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe wherein less than 30% of a surface area of each of the plurality of upper electrodes is in contact with a substrate layer as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 11, Barthe discloses the system of claim 2, that fails to explicitly teach a system wherein each of the plurality of ultrasound transducers includes a cooled base, and wherein each cooled base includes at least one of the plurality of flat ultrasound elements mounted thereon. However, Cornejo teaches that it is known to provide a system wherein each of the plurality of ultrasound transducers (15, 32) includes a cooled base 16, and wherein each cooled base 16 includes at least one of the plurality of flat ultrasound elements mounted thereon (see at least figs. 1A-C, 2A-B, 3A-C & 4). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe wherein each of the plurality of ultrasound transducers includes a cooled base, and wherein each cooled base includes at least one of the plurality of flat ultrasound elements mounted thereon as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 12, Barthe discloses the system of claim 11, that fails explicitly teach a system wherein each base includes more than one of the plurality of flat ultrasound elements thereon. However, Cornejo teaches that it is known to provide a system wherein each base 16 includes more than one of the plurality of flat ultrasound elements (15, 32) thereon (see at least figs. 1A-C, 2A-B, 3A-C & 4). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe wherein each base includes more than one of the plurality of flat ultrasound elements thereon as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 13, Barthe discloses the system of claim 2, wherein the electrical circuitry (20, 86) is configured to concurrently operate at least two of the ultrasound transducers at different frequencies to collectively emit unfocused ultrasound energy (see at least par 0120, 0124, 0149, 0174, 0255, 0291 & 0293).
In regards to claim 14, Barthe discloses the system of claim 2, wherein the at least two of the ultrasound transducers includes a first transducer configured to produce a first thermal effect at a first depth and a second transducer configured to produce a second thermal effect different from the first thermal effect at a second depth, different from the first depth (see at least par 0122, 0125, 0137, 0189, 0253 & 0293).
In regards to claim 15, Barthe discloses the system of claim 2, wherein the electrical circuitry (20, 86) is configured to activate one or more of the plurality of flat ultrasound elements (19, 119, 219, 2404, 3104) at frequencies in a range of 300 kHz and 1 MHz, while activating one or more other ones of the plurality of flat ultrasound elements (19, 119, 219, 2404, 3104) at frequencies in a range of 10 MHz and 20 MHz (see at least par 0120, 0124, 0149, 0174, 0255, 0291 & 0293).
In regards to claim 16, Barthe discloses a method for skin tightening treatment (see at least par 0022, 0041, 0091, 0250, 0253-254 & 0260), comprising:
placing an applicator on a non-flat tissue surface of epidermis (see at least fig. 31 and par 0250 & 0290-0292), the applicator including a plurality of flat ultrasound elements (19, 119, 219, 2404, 3104) (see at least par 0136, 0188, 0241, 0260 & 0282); and
exciting at least three of the plurality of ultrasound elements (19, 119, 219, 2404, 3104) simultaneously to cause ultrasound energy to be emitted in a frequency between 9 MHz and 22 MHz (see at least par 0042, 0046, 0119-0120 & 0173-0174) to thereby cause a temperature to rise to between 50-80 degrees Celsius (see at least par 0109, 0162, 0203, 0209, 0217 & 0262-0263) in at least three (vertically) spaced apart target tissue regions (13, 15, 17) (see at least fig. 12 and par 0194 & 0250-0251) at a depth of between 0.5 mm to 5 mm from the epidermis layer (see at least par 0041-0042 & 0250).
Barthe discloses a method, as described above, that fails to explicitly teach a method comprising placing an applicator on a non-flat tissue surface of epidermis, the applicator including a plurality of flat ultrasound elements connected in series in a manner permitting the applicator to flex in accordance with a contour of the non-flat tissue surface, wherein each ultrasound transducer is located between one of a plurality of upper electrodes and one of a plurality of lower electrodes.
However, Cornejo teaches that it is known to provide a method comprising placing an applicator on a non-flat tissue surface of epidermis, the applicator including a plurality of flat ultrasound elements (15, 32) connected in series in a manner permitting the applicator to flex in accordance with a contour of the non-flat tissue surface (see at least pg. 2, lines 13-16; pg. 3, lines 12-15; pg. 6, lines 2-11), wherein each ultrasound transducer (15, 32) is located between one of a plurality of upper electrodes 38 and one of a plurality of lower electrodes 40 (see at least figs. 1A-C, 2A-B, 3A-C & 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Barthe comprising placing an applicator on a non-flat tissue surface of epidermis, the applicator including a plurality of flat ultrasound elements connected in series in a manner permitting the applicator to flex in accordance with a contour of the non-flat tissue surface, wherein each ultrasound transducer is located between one of a plurality of upper electrodes and one of a plurality of lower electrodes as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the elements to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 17, Barthe discloses the method of claim 16, further including operating the plurality of ultrasound elements simultaneously to produce a plurality of (vertically) spaced-apart thermal damage lesions (27, 127, 227, 3400) within a dermis layer (see at least figs. 5, 14, 21 & 38 and par 0107 & 0273).
In regards to claim 18, Barthe discloses the method of claim 17, wherein at least some of the plurality of spaced- apart thermal damage lesions (27, 127, 227, 3400) are connected by at least one thermally damaged region (see at least figs. 5, 14, 21 & 38 and par 0107 & 0273).
In regards to claim 19, Barthe discloses the method of claim 16, further including cooling the epidermis layer concurrently with the heating of the target tissue region beneath the epidermis layer (see at least figs. 5 & 14 and par 0129, 0135, 0181, 0187, 0234, 0240 & 0275).
In regards to claim 20, Barthe discloses the method of claim 19, further comprising receiving temperature feedback from one or more temperature sensors 122, and wherein cooling of the epidermis layer is controlled based on the temperature feedback (see at least fig. 8A & 8C and par 0133, 0135, 0137, 0139, 0141, 0187 & 0189).
In regards to claim 21, Barthe discloses a non-transitory computer readable medium containing instructions that when executed by at least one processor cause the at least one processor to perform operations for skin tightening, the operations comprising:
activating a plurality of ultrasound elements (19, 119, 219, 2404, 3104) (see at least fig. 31 and par 0123, 0250 & 0290-0292); and
exciting at least three of the plurality of interconnected ultrasound elements (19, 119, 219, 2404, 3104) simultaneously to cause ultrasound energy to be emitted in a frequency between 9 MHz and 22 MHz to thereby cause a temperature to rise to between 50-80 degrees Celsius in at least three of (vertically) spaced apart target tissue regions (13, 15, 17) (see at least fig. 12 and par 0194 & 0250-0251) at a depth of between 0.5 mm to 5 mm from the epidermis layer (see at least par 0041-0042 & 0250).
Barthe discloses a non-transitory computer readable medium containing instructions that when executed by at least one processor cause the at least one processor to perform operations for skin tightening, that fails to explicitly teach operations wherein each flat ultrasound element of the plurality of flat ultrasound elements is located between one of a plurality of upper electrodes and one of a plurality of lower electrodes, and wherein the plurality of flat ultrasound elements, the plurality of upper electrodes, and the plurality of lower electrodes form a plurality of ultrasound transducers interconnected in series in a flexible chain-like configuration enabling the plurality of ultrasound transducers to be shaped in accordance with a contour of a non-flat tissue surface of an epidermis layer.
However, Cornejo teaches that it is known to provide operations wherein each flat ultrasound element (15, 32) of the plurality of flat ultrasound elements (15, 32) is located between one of a plurality of upper electrodes 38 and one of a plurality of lower electrodes 40, and wherein the plurality of flat ultrasound elements (15, 32) (see at least figs. 1A-C, 2A-B, 3A-C & 4), the plurality of upper electrodes 38, and the plurality of lower electrodes 40 form a plurality of ultrasound transducers (15, 32) interconnected in series in a flexible chain-like configuration enabling the plurality of ultrasound transducers (15, 32) to be shaped in accordance with a contour of a non-flat tissue surface of an epidermis layer (see at least pg. 2, lines 13-16; pg. 3, lines 12-15; pg. 6, lines 2-11).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the a non-transitory computer readable medium of Barthe containing instructions that when executed by at least one processor cause the at least one processor to perform operations for skin tightening wherein each flat ultrasound element of the plurality of flat ultrasound elements is located between one of a plurality of upper electrodes and one of a plurality of lower electrodes, and wherein the plurality of flat ultrasound elements, the plurality of upper electrodes, and the plurality of lower electrodes form a plurality of ultrasound transducers interconnected in series in a flexible chain-like configuration enabling the plurality of ultrasound transducers to be shaped in accordance with a contour of a non-flat tissue surface of an epidermis layer as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 22, while Barthe discloses a system wherein each ultrasound transducer includes a flat ultrasound element 2606 configured to cause a thermal damage lesion (i.e., causing planar lesions 3410 from a flat source) (see at least fig. 30B & 38 and par 0296, 0300 & 0311), Barthe discloses the system of claim 2, that fails to explicitly teach a system wherein the plurality of ultrasound transducers includes at least four ultrasound transducers interconnected in a chain-like configuration. However, Cornejo teaches that it is known to provide a system wherein the plurality of ultrasound transducers (15, 32) includes at least four ultrasound transducers interconnected in a chain-like configuration (see at least figs. 1A-C, 2A-B, 3A-C & 4 and pg. 2, lines 13-16; pg. 3, lines 12-15; pg. 6, lines 2-11). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe wherein the plurality of ultrasound transducers includes at least four ultrasound transducers interconnected in a chain-like configuration as taught by Cornejo since such a modification would amount to applying a known technique (i.e., as taught by Cornejo) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing an ultrasound array that can permit acoustic energy generated by the transducers to be efficiently applied and coupled to the contours of the human anatomy for therapeutic applications (see pg. 4, lines 21-25 of Cornejo)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 23, Barthe discloses the system of claim 2, wherein the at least three flat ultrasound elements 119 are configured to be activated using different energy parameters sets, wherein the energy parameters sets include different frequencies, different durations, or different powers (see at least par 0250 & 0255-0257).
In regards to claim 24, Barthe discloses the system of claim 2, wherein the at least three flat ultrasound elements 119 are configured to simultaneously cause emission of unfocused ultrasound energy to produce multiple spaced-apart thermal damage lesions (see at least fig. 38 and par 0170 & 0178-0179).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barthe et al. (US 2012/0271294) (“Barthe” hereinafter) in view of Cornejo et al. (WO 99/48621) (“Cornejo” hereinafter) further in view of Sverdlik et al. (WO 2014/188430) (“Sverdlik” hereinafter).
In regards to claim 7, Barthe as modified by Cornejo discloses a system, as described above, that fails to explicitly teach a system wherein each of the plurality of flat ultrasound elements includes a piezoelectric element having a width of less than 4 mm. However, Sverdlik teaches that it is known to provide a system wherein each of the plurality of flat ultrasound elements (see at least pg. 4, lines 17-18) includes a piezoelectric element having a width of less than 4 mm (see at least pg. 63, lines 17-20, pg. 66, lines 17-20). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Barthe as modified by Cornejo wherein each of the plurality of flat ultrasound elements includes a piezoelectric element having a width of less than 4 mm as taught by Sverdlik since such a modification would amount to applying a known technique (i.e., as taught by Barthe) to a known device (i.e., as taught by Sverdlik) ready for improvement to achieve a predictable result such as providing a beam that is affective to thermally damage tissue without damaging superficial tissue (see pg. 64, lines 1-4 of Sverdlik)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Response to Arguments
Applicant's arguments filed 4/6/26 have been fully considered but they are not persuasive. Applicant contends that the combination of Barthe and Cornejo is improper because their respective transducers operate in different frequency ranges. The Office respectfully traverses. MPEP 2141.02 (VI) reads as follows
A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984) (Claims were directed to a process of producing a porous article by
expanding shaped, unsintered, highly crystalline poly(tetrafluoroethylene) (PTFE) by
stretching said PTFE at a 10% per second rate to more than five times the original length.
The prior art teachings with regard to unsintered PTFE indicated the material does not
respond to conventional plastics processing, and the material should be stretched slowly.
A reference teaching rapid stretching of conventional plastic polypropylene with reduced
crystallinity combined with a reference teaching stretching unsintered PTFE would not
suggest rapid stretching of highly crystalline PTFE, in light of the disclosures in the art that teach away from the invention, i.e., that the conventional polypropylene should have reduced crystallinity before stretching, and that PTFE should be stretched slowly.).
However, “the prior art’s mere disclosure of more than one alternative does not
constitute a teaching away from any of these alternatives because such disclosure does
not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton,
391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). >See also MPEP §
2123.
In the above case law, the prior art teachings with regard to unsintered PTFE indicated the material does not respond to conventional plastics processing, and the material should be stretched slowly. A reference teaching rapid stretching of conventional plastic polypropylene with reduced crystallinity combined with a reference teaching stretching unsintered PTFE would not suggest rapid stretching of highly crystalline PTFE, in light of the disclosures in the art that teach away from the invention, i.e., that the conventional polypropylene should have reduced crystallinity before stretching, and that PTFE should be stretched slowly.). As such, the Examiner finds no correlation in the instant case that would lead the Applicant to claim that the instant situation is indeed a teaching away beside pointing to general differences between the prior arts of Barthe and Cornejo. For example, the prior art "does not criticize, discredit or otherwise discourage the solution claimed."
Applicant also argues that the combination of Barthe and Cornejo changes the principle of operation of Barthe. The Office respectfully disagrees. Applicant’s argument fails to point to the allegedly principle of operation and/or how it would be changed beside pointing to general differences between the prior arts of Barthe and Cornejo.
Applicant contends the amended claims are distinguished from the combination because Barthe allegedly fails to simultaneously excite the transducers to cause ultrasound energy to be emitted in at least three spaced apart target tissue regions. The Office respectfully traverses because Barthe clearly describes simultaneously exciting the transducers to cause ultrasound energy to be emitted in at least three vertically spaced apart target tissue regions (see at least par 0194 & 0250-0251).
In view of the foregoing, the rejections over at least Barthe and Cornejo are maintained.
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 RENE T TOWA whose telephone number is (313)446-6655. The examiner can normally be reached Mon-Fri, 9:00 AM-5:00 PM.
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/RENE T TOWA/Primary Examiner, Art Unit 3791
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