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 is responsive to an amendment filed August 29, 2025. Claims 2-21 are pending. Claim 1 has been canceled. New claims 2-21 have been added.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 10, 2025 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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 2-3, 6-8, 16 & 21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rem-Bronneberg et al. (US 2018/0264291) (“Rem-Bronneberg” hereinafter).
In regards to claim 2, Rem-Bronneberg discloses an applicator for applying energy to a skin tissue volume, comprising:
at least one distal face (6, 7) for contacting a skin surface (see at least fig. 1b and par 0040);
a plurality of spaced-apart individual energy-emitting transducers 8 arranged in an array, each of the individual energy-emitting transducers 8 being configured to emit energy via the at least one distal face (6, 7), for thermally damaging at least a portion of a tissue volume in tissue layers of the skin, wherein each of the individual energy emitting-transducers 8 is configured to generate a separate lesion in the tissue volume and wherein the plurality of spaced-apart individual energy emitting transducers 8 are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers 8 to conform to a contour of a non-flat area of the skin surface (see at least abstract, figs. 1a-b & 9a and par 0039-0040 & 0060);
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a pump 25 for circulating coolant to apply cooling to the skin surface contacting the at least one distal face (6, 7) to reduce thermal damage to the skin surface (see at least fig. 1b and par 0040 & 0060); and
electrical circuitry 18 configured to cause the plurality of spaced-apart individual energy-emitting transducers 8 to emit unfocused ultrasound energy to target tissue (see at least abstract, figs. 6 & 7a and par 0008-0009, 0016, 0020, 0039-0040, 0043, 0052 & 0060-0063).
In regards to claim 3, Rem-Bronneberg discloses the applicator of claim 2, wherein the pump 25 is configured to cause the coolant to circulate between the plurality of spaced-apart individual energy-emitting transducers 8 (see at least fig. 1b and par 0040 & 0060).
In regards to claim 6, Rem-Bronneberg discloses the applicator of claim 2, wherein the plurality of spaced-apart individual energy-emitting transducers 8 are arranged in the chain-like configuration on a common flexible material 9 (see at least fig. 1a and par 0040).
In regards to claim 7, Rem-Bronneberg discloses the applicator of claim 2, wherein the plurality of spaced-apart individual energy-emitting transducers 8 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 0039).
In regards to claim 8, Rem-Bronneberg discloses the applicator of claim 2, wherein the electrical circuitry 18 is configured to concurrently operate at least two of the plurality of spaced-apart individual energy-emitting transducers 8 at different frequencies to collectively emit the unfocused ultrasound energy (see at least par 0012, 0051 & 0060).
In regards to claim 16, Rem-Bronneberg discloses a method for applying energy to a skin tissue volume, the method comprising:
placing on a skin treatment region a plurality of spaced-apart individual energy- emitting transducers 8 arranged in an array, each of the individual energy-emitting transducers 8 being configured to emit energy for thermally damaging a target tissue volume skin tissue, wherein each of the individual energy emitting-transducers 8 is configured to generate a separate lesion in the target tissue volume and wherein the plurality of spaced-apart individual energy emitting transducers 8 are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers 8 to conform to a contour of a non-flat area of a skin surface (see at least abstract, figs. 1a-b & 9a and par 0039-0040 & 0060);
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circulating coolant to apply cooling to the skin surface to reduce thermal damage to the skin surface (see at least fig. 1b and par 0040 & 0060); and
causing the plurality of spaced-apart individual energy-emitting transducers 8 to emit unfocused ultrasound energy to the target tissue volume while the plurality of space-apart individual energy-emitting transducers 8 conform to the contour of the non- flat area of the skin surface (see at least abstract, fig. 6 and par 0008-0009, 0016, 0020, 0039-0040, 0043, 0052 & 0060-0063).
In regards to claim 21, Rem-Bronneberg 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 applying energy to a skin tissue volume, the operations comprising:
activating a plurality of spaced-apart individual energy-emitting transducers 8 arranged in an array, each of the individual energy-emitting transducers 8 being configured to emit energy for thermally damaging at least a portion of a target tissue volume in tissue layers of the skin, wherein each of the individual energy emitting- transducers 8 is configured to generate a separate lesion in the target tissue volume and wherein the plurality of spaced-apart individual energy emitting transducers 8 are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers 8 to conform to a contour of a non-flat area of a skin surface (see at least abstract, figs. 1a-b & 9a and par 0039-0040 & 0060);
circulating coolant to apply cooling to the skin surface to reduce thermal damage to the skin surface (see at least fig. 1b and par 0040 & 0060); and
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causing the plurality of spaced-apart individual energy-emitting transducers 8 to emit unfocused ultrasound energy to a target tissue volume while the plurality of space-apart individual energy-emitting transducers 8 conform to the contour of the non-flat area of the skin surface (see at least abstract, figs. 6 & 7a and par 0008-0009, 0016, 0020, 0039-0040, 0043, 0052 & 0060-0063).
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.
Claim(s) 2-12, 14 & 16-21 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 an applicator for applying energy to a skin tissue volume, comprising:
at least one distal face (i.e., lens, see at least par 0121, 0125-0126, 0175 & 0286) for contacting a skin surface;
a plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) arranged in an array, each of the individual energy-emitting transducers (19, 119, 219, 2404, 3104) being configured to emit energy via the at least one distal face (i.e., lens, see at least par 0121, 0125-0126, 0175 & 0286), for thermally damaging at least a portion of a tissue volume in tissue layers of the skin, wherein each of the individual energy emitting-transducers (19, 119, 219, 2404, 3104) is inherently configured to generate a separate lesion (see at least figs. 5 & 38 and par 0273-0275) in the tissue volume (see at least fig. 31 and par 0123, 0250 & 0290-0292);
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a pump for circulating coolant to apply cooling to the skin surface contacting the at least one distal face (i.e., lens, see at least par 0121, 0125-0126, 0175 & 0286) to reduce thermal damage to the skin surface (see at least par 0287); and
electrical circuitry (20, 86) configured to cause the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) to emit unfocused ultrasound energy to target tissue (see at least par 0024, 0091, 0095, 0113, 0115-0116, 0126, 0144, 0160, 0168, 0170, 0179, 0197, 0220-0221, 0231, 0292 & 0311).
Barthe discloses an applicator, as described above, that fails to explicitly teach an applicator wherein the plurality of spaced-apart individual energy emitting transducers are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers to conform to a contour of a non-flat area of the skin surface.
However, Cornejo teaches that it is known to provide an applicator wherein the plurality of spaced-apart individual energy emitting transducers (15, 32) are connected in series in a chain-like configuration (see fig. 2B) and are moveable relative to each
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other to enable the plurality of spaced-apart individual energy-emitting transducers (15, 32) to conform to a contour of a non-flat area of the skin surface (see at least abstract, 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 applicator of Barthe wherein the plurality of spaced-apart individual energy emitting transducers are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers to conform to a contour of a non-flat area of the skin surface 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 applicator of claim 2, wherein the pump is configured to cause the coolant to circulate between the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) (see at least figs. 5 & 14 and par 0129, 0135, 0181, 0187, 0234, 0240, 0275, 0281, 0286-0287 & 0309).
In regards to claim 4, Barthe discloses the applicator of claim 2, wherein the coolant is an antifreeze fluid (i.e., refrigerant) (see at least par 0287).
In regards to claim 5, Barthe discloses the applicator of claim 2, wherein the electrical circuitry (20, 86) includes at least one processor (see at least fig. 3 and par 0136, 0188, 0241, 0260 & 0282) configured to control the pump to maintain a temperature at the skin surface associated with the target tissue in a range of 50C to 400C while the target tissue is heated to a temperature between 50°C to 800C (see at least par 0109, 0162 & 0209).
In regards to claim 6, Barthe discloses the applicator of claim 2, that fails to explicitly teach an applicator wherein the plurality of spaced-apart individual energy-emitting transducers are arranged in the chain-like configuration on a common flexible material. However, Cornejo teaches that it is known to provide an applicator wherein the plurality of spaced-apart individual energy-emitting transducers (15, 32) are arranged in the chain-like configuration on a common flexible material 25 (see at least 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 applicator of Barthe wherein the plurality of spaced-apart individual energy-emitting transducers are arranged in the chain-like configuration on a common 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 7, Barthe discloses the applicator of claim 2, wherein the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) 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 0101, 0103, 0116, 0140, 0148, 0152, 0164, 0170, 0192, 0199-0200 & 0250-0253).
In regards to claim 8, Barthe discloses the applicator of claim 2, wherein the electrical circuitry (20, 86) is configured to concurrently operate at least two of the plurality of spaced-apart individual energy- emitting transducers (19, 119, 219, 2404, 3104) at different frequencies to collectively emit the unfocused ultrasound energy (see at least par 0120, 0149, 0174, 0200, 0225, 0255 & 0293).
In regards to claim 9, Barthe discloses the applicator of claim 2, wherein the electrical circuitry (20, 86) is configured to activate some of the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) at frequencies between 300 kHz and 1 MHz (see at least par 0042 & 0119, 0173, 0224 & 0291), while activating at least one other of the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) at at least one frequency between 10 MHz and 20 MHz (see at least par 0042 & 0119, 0173, 0224 & 0291).
In regards to claim 10, Barthe discloses the applicator of claim 2, further comprising one or more temperature sensors (i.e., thermal sensor) configured to generate feedback indicative of a temperature of the skin surface (see at least par 0134, 0137, 0186, 0189, 0242, 0268, 0280 & 0286-0288).
In regards to claim 11, Barthe discloses the applicator of claim 10, further comprising at least one processor (see at least fig. 3 and par 0136, 0188, 0241, 0260 & 0282) configured to control cooling to the skin surface based on the feedback (see at least par 0137, 0189, 0242, 0268, 0286, 0280 & 0288).
In regards to claim 12, Barthe discloses the applicator of claim 10, wherein the at least one processor (see at least fig. 3 and par 0136, 0188, 0241, 0260 & 0282) is further configured to control emission of the unfocused ultrasound energy based on the feedback (see at least par 0024, 0091, 0095, 0113, 0115-0116, 0126, 0144, 0160, 0168, 0170, 0179, 0197, 0220-0221, 0231, 0292 & 0311).
In regards to claim 14, Barthe discloses the applicator of claim 10, wherein the one or more temperature sensors (i.e., thermal sensor) are configured to indicate at least one of a skin surface temperature or a temperature of at least one of the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) (see at least par 0134, 0137, 0186, 0189, 0242, 0268, 0280 & 0286-0288).
In regards to claim 16, Barthe discloses a method for applying energy to a skin tissue volume, the method comprising:
placing on a skin treatment region a plurality of spaced-apart individual energy- emitting transducers (19, 119, 219, 2404, 3104) arranged in an array, each of the individual energy-emitting transducers (19, 119, 219, 2404, 3104) being configured to emit energy for thermally damaging a target tissue volume skin tissue, wherein each of the individual energy emitting-transducers (19, 119, 219, 2404, 3104) is inherently configured to generate a separate lesion (see at least figs. 5 & 38 and par 0273-0275) in the target tissue volume (see at least fig. 31 and par 0123, 0250 & 0290-0292);
circulating coolant to apply cooling to the skin surface to reduce thermal damage to the skin surface (see at least par 0287); and
causing the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) to emit unfocused ultrasound energy to the target tissue volume (see at least par 0024, 0091, 0095, 0113, 0115-0116, 0126, 0144, 0160, 0168, 0170, 0179, 0197, 0220-0221, 0231, 0292 & 0311).
Barthe discloses a method, as described above, that fails to explicitly teach a method wherein the plurality of spaced-apart individual energy emitting transducers are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers to conform to a contour of a non-flat area of a skin surface while the plurality of space-apart individual energy-emitting transducers conform to the contour of the non- flat area of the skin surface.
However, Cornejo teaches that it is known to provide a method wherein the plurality of spaced-apart individual energy emitting transducers (15, 32) are connected in series in a chain-like configuration (see at least figs. 2B) and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers (15, 32) to conform to a contour of a non-flat area of a skin surface while the plurality of space-apart individual energy-emitting transducers (15, 32) conform to the contour of the non- flat area of the skin surface (see at least 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 spaced-apart individual energy emitting transducers are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers to conform to a contour of a non-flat area of a skin surface while the plurality of space-apart individual energy-emitting transducers conform to the contour of the non- flat area of the skin surface 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 17, Barthe discloses the method of claim 16, wherein apply cooling includes cooling the skin surface to maintain a temperature of an epidermis layer between 50C and 400C (see at least par 0109, 0162 & 0209).
In regards to claim 18, Barthe discloses the method of claim 17, wherein the emitted unfocused ultrasound energy (see at least par 0024, 0091, 0095, 0113, 0115-0116, 0126, 0144, 0160, 0168, 0170, 0179, 0197, 0220-0221, 0231, 0292 & 0311) is configured to heat the target tissue volume at a depth of between 0.5 mm and 5 mm beneath the skin surface while the circulating coolant cools the skin surface (see at least par 0041-0042 & 0250).
In regards to claim 19, Barthe discloses the method of claim 18, wherein heating the target tissue by emitting the unfocused ultrasound energy cause a temperature in the target tissue volume to rise to between 500C and 800C (see at least par 0203, 0217 & 0262-0263).
In regards to claim 20, Barthe discloses the method of claim 19, wherein the unfocused ultrasound energy is emitted at a frequency in a range of 9 MHz to 22 MHz (see at least par 0042, 0046, 0119-0120 & 0173-0174).
In regards to claim 21, Barthe discloses a non-transitory computer readable medium containing instructions that when executed by at least one processor (see at least fig. 3 and par 0136, 0188, 0241, 0260 & 0282) cause the at least one processor (see at least fig. 3 and par 0136, 0188, 0241, 0260 & 0282) to perform operations for applying energy to a skin tissue volume, the operations comprising:
activating a plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) arranged in an array, each of the individual energy-emitting transducers (19, 119, 219, 2404, 3104) being configured to emit energy for thermally damaging at least a portion of a target tissue volume in tissue layers of the skin, wherein each of the individual energy emitting- transducers (19, 119, 219, 2404, 3104) is inherently configured to generate a separate lesion (see at least figs. 5 & 38 and par 0273-0275) in the target tissue volume (see at least fig. 31 and par 0123, 0250 & 0290-0292);
circulating coolant to apply cooling to the skin surface to reduce thermal damage to the skin surface (see at least par 0287); and
causing the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) to emit unfocused ultrasound energy to a target tissue volume (see at least par 0024, 0091, 0095, 0113, 0115-0116, 0126, 0144, 0160, 0168, 0170, 0179, 0197, 0220-0221, 0231, 0292 & 0311).
Barthe discloses a non-transitory computer readable medium containing instructions that when executed by at least one processor fail to cause the at least one processor to perform operations for applying energy to a skin tissue volume wherein the plurality of spaced-apart individual energy emitting transducers are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers to conform to a contour of a non-flat area of a skin surface while the plurality of space-apart individual energy-emitting transducers conform to the contour of the non-flat area of the skin surface.
However, Cornejo teaches that a device wherein the plurality of spaced-apart individual energy emitting transducers are connected in series in a chain-like configuration (see at least fig. 2B) and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers to conform to a contour of a non-flat area of a skin surface while the plurality of space-apart individual energy-emitting transducers conform to the contour of the non-flat area of the skin surface (see at least 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 a non-transitory computer readable medium containing instructions that when executed by at least one processor to cause the at least one processor of Barthe to perform operations for applying energy to a skin tissue volume wherein the plurality of spaced-apart individual energy emitting transducers are connected in series in a chain-like configuration and are moveable relative to each other to enable the plurality of spaced-apart individual energy-emitting transducers to conform to a contour of a non-flat area of a skin surface while the plurality of space-apart individual energy-emitting transducers conform to the contour of the non-flat area of the skin surface 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).
Claim(s) 13 & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barthe (‘294) in view of Cornejo (‘621) further in view of Alford et al. (US 2018/0161002) (“Alford” hereinafter).
In regards to claim 13, Barthe as modified by Cornejo discloses the applicator of claim 10, that fails to explicitly teach an applicator wherein the one or more temperature sensors are positioned between the plurality of spaced-apart individual energy-emitting transducers. However, Alford teaches that it is known to provide an applicator wherein the one or more temperature sensors 46 are positioned between the plurality of spaced-apart individual energy-emitting transducers 44 (see at least fig. 4 and par 0025 & 0045-0046). 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 applicator of Barthe as modified by Cornejo wherein the one or more temperature sensors are positioned between the plurality of spaced-apart individual energy-emitting transducers as taught by Alford since such a modification would amount to applying a known technique (i.e., as taught by Alford) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing temperature sensors that are dispersed among ultrasound transducers to detect temperature at a variety of tissue locations (see at least par 0046 of Alford)--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 15, Barthe discloses the applicator of claim 10, that fails to explicitly teach an applicator further comprising a heat-transferring base with a plurality of branches, wherein each branch supports one of the plurality of spaced-apart individual energy-emitting transducers, and wherein the one or more temperature sensors are positioned between the branches. However, Alford teaches that it is known to provide an applicator comprising a heat-transferring base (i.e., interconnect 22, 42, see fig. 2B) with a plurality of branches (see at least fig. 2B), wherein each branch supports one of the plurality of spaced-apart individual energy-emitting transducers 44, and wherein the one or more temperature sensors 46 are positioned between the branches (i.e., on interconnect element 22, 42) (see at least fig. 4 and par 0025 & 0045-0046). 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 applicator of Barthe as modified by Cornejo further comprising a heat-transferring base with a plurality of branches, wherein each branch supports one of the plurality of spaced-apart individual energy-emitting transducers, and wherein the one or more temperature sensors are positioned between the branches as taught by Alford since such a modification would amount to applying a known technique (i.e., as taught by Alford) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as providing temperature sensors that are dispersed among ultrasound transducers to detect temperature at a variety of tissue locations (see at least par 0046 of Alford)--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).
Conclusion
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/RENE T TOWA/ Primary Examiner, Art Unit 3791