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 April 9, 2026. Claims 2-4 & 6-26 are pending. Claims 2, 8, 10-12 & 16-21 have been amended. Claims 1 & 5 have been canceled. New claims 22-26 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 § 102
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) 2-3, 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:
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 ultrasound 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 tissue volume (e.g., each transducer 8 in conjunction with other transducers 8 create separate lesions) 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 conformance to a contour of a non-flat area of a skin surface associated with target tissue volumes (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, 30, 36, 71) (see at least fig. 6) including at least one processor (e.g., P-processor 71, Graphic processor 36, image processor 30) configured to:
cause (via T-controller 18) the plurality of spaced-apart individual energy-emitting transducers 8 to emit ultrasound energy to target tissue (see at least abstract, figs. 6 & 7a and par 0008-0009, 0016, 0020, 0039-0040, 0043, 0052 & 0060-0063); and,
control the pump to maintain a temperature at the skin surface associated with the target volumes in a range of 5 °C to 40 °C (e.g., such as 20 °C, see par 0060) to reduce thermal damage to the skin surface while the target tissue volumes are heated to a temperature between 50 degrees C to 80 degrees C (e.g., such from 36 to 54.4 °C, see at least figs. 7a-c & par 0056, or from 36 to 60°C, see at least figs. 8a-c & par 0059).
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, 30, 36, 71) (see at least fig. 6) 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 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 ultrasound energy for thermally damaging a target tissue volume, wherein each of the individual energy emitting-transducers 8 is configured to generate a separate lesion (e.g., each transducer 8 in conjunction with other transducers 8 create separate lesions) 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 conformance to a contour of a non-flat area of a skin surface associated with target tissue volumes (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 associated with target tissue volumes to reduce thermal damage to the skin surface (see at least fig. 1b and par 0040 & 0060);
causing the plurality of spaced-apart individual energy-emitting transducers 8 to emit ultrasound energy to the target tissue volumes while the plurality of spaced-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); and,
maintaining a temperature at the skin surface associated with the target volumes in a range of 5 °C to 40 °C (e.g., such as 20 °C, see par 0060) to reduce thermal damage to the skin surface while the target tissue volumes are heated to a temperature between 50 degrees C to 80 degrees C (e.g., such from 36 to 54.4 °C, see at least figs. 7a-c & par 0056, or from 36 to 60°C, see at least figs. 8a-c & par 0059).
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, 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 ultrasound 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 (e.g., each transducer 8 in conjunction with other transducers 8 create separate lesions) 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 conformance 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);
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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); and,
maintaining a temperature at the skin surface associated with the target volumes in a range of 5 °C to 40 °C (e.g., such as 20 °C, see par 0060) to reduce thermal damage to the skin surface while the target tissue volumes are heated to a temperature between 50 degrees C to 80 degrees C (e.g., such from 36 to 54.4 °C, see at least figs. 7a-c & par 0056, or from 36 to 60°C, see at least figs. 8a-c & par 0059).
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) 2-12, 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 Rem-Bronneberg et al. (US 2018/0264291) (“Rem-Bronneberg” hereinafter).
In regards to claim 2, Barthe discloses an applicator for applying energy to a skin tissue volume, comprising:
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 ultrasound 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 (e.g., each transducer (19, 119, 219, 2404, 3104) in conjunction with other transducers (19, 119, 219, 2404, 3104) create separate lesions, 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) includes at least one processor (see at least fig. 3 and par 0136, 0188, 0241, 0260 & 0282) configured to cause the plurality of spaced-apart individual energy-emitting transducers (19, 119, 219, 2404, 3104) to emit 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); and,
control the pump to maintain a temperature at the skin surface associated with the target tissue in while the target tissue is heated to a temperature (see at least par 0109, 0162 & 0209).
Barthe as modified by Cornejo discloses an applicator comprising electrical circuitry 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; 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 conformance to a contour of a non-flat area of the skin surface.
However, Rem-Bronneberg discloses an applicator comprising electrical circuitry (18, 30, 36, 71) (see at least fig. 6) including at least one processor (e.g., P-processor 71, Graphic processor 36, image processor 30) configured to control the pump to maintain a temperature at the skin surface associated with the target volumes in a range of 5 °C to 40 °C (e.g., such as 20 °C, see par 0060) to reduce thermal damage to the skin surface while the target tissue volumes are heated to a temperature between 50 degrees C to 80 degrees C (e.g., such from 36 to 54.4 °C, see at least figs. 7a-c & par 0056, or from 36 to 60°C, see at least figs. 8a-c & par 0059); 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 conformance to a contour of a non-flat area of a skin surface associated with target tissue volumes (see at least abstract, figs. 1a-b & 9a and par 0039-0040 & 0060).
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 comprising electrical circuitry 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; 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 conformance to a contour of a non-flat area of the skin surface as taught by Rem-Bronneberg since such a modification would amount to applying a known technique (i.e., as taught by Rem-Bronneberg) to a known device (i.e., as taught by Cornejo) ready for improvement to achieve a predictable result such as providing a full conformity of the patch with the tissue shape (see at least par 0060 of Rem-Bronneberg)--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 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, Rem-Bronneberg teaches that it is known to provide an applicator 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). 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 Rem-Bronneberg since such a modification would amount to applying a known technique (i.e., as taught by Rem-Bronneberg) to a known device (i.e., as taught by Cornejo) ready for improvement to achieve a predictable result such as providing a full conformity of the patch with the tissue shape (see at least par 0060 of Rem-Bronneberg)--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 at least one temperature sensor (e.g., thermal sensor) associated with each of the plurality of spaced-apart individual energy-emitting transducers, wherein the at least one temperature sensor configured to generate feedback indicative of a temperature of the skin surface associated with a corresponding target tissue volume (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 ultrasound 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 (e.g., each transducer (19, 119, 219, 2404, 3104) in conjunction with other transducers (19, 119, 219, 2404, 3104) create separate lesions, 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 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); and,
controlling the pump to maintain a temperature at the skin surface associated with the target tissue in while the target tissue is heated to a temperature (see at least par 0109, 0162 & 0209).
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 conformance 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; wherein the method comprises controlling 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.
However, Rem-Bonneberg discloses a method 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 conformance to a contour of a non-flat area of a skin surface 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. 1a-b & 9a and par 0039-0040 & 0060); wherein the method comprises controlling 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 (e.g., such from 36 to 54.4 °C, see at least figs. 7a-c & par 0056, or from 36 to 60°C, see at least figs. 8a-c & par 0059).
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 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 conformance 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; wherein the method comprises controlling 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 as taught by Rem-Bronneberg since such a modification would amount to applying a known technique (i.e., as taught by Rem-Bronneberg) to a known device (i.e., as taught by Cornejo) ready for improvement to achieve a predictable result such as providing a full conformity of the patch with the tissue shape (see at least par 0060 of Rem-Bronneberg)--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 a portion of each of the target tissue volumes is separately and concurrently heated while a pump circulates the coolant to cool the skin surface (see at least par 0286-0287).
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 a portion of each of the target tissue volumes is separately and concurrently heated while a pump circulates the coolant to cool the skin surface (see at least par 0286-0287).
In regards to claim 20, Barthe discloses the method of claim 19, wherein the ultrasound energy is unfocused 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 ultrasound 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 (e.g., each transducer (19, 119, 219, 2404, 3104) in conjunction with other transducers (19, 119, 219, 2404, 3104) create separate lesions, 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);
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); and,
controlling the pump to maintain a temperature at the skin surface associated with the target tissue in while the target tissue is heated to a temperature (see at least par 0109, 0162 & 0209).
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 conformance 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; wherein the method comprises controlling 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.
However, 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 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 conformance 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 abstract, figs. 1a-b & 9a and par 0039-0040 & 0060); wherein the method comprises controlling 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 (e.g., such from 36 to 54.4 °C, see at least figs. 7a-c & par 0056, or from 36 to 60°C, see at least figs. 8a-c & par 0059).
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 conformance 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; wherein the method comprises controlling 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 as taught by Rem-Bronneberg since such a modification would amount to applying a known technique (i.e., as taught by Rem-Bronneberg) to a known device (i.e., as taught by Cornejo) ready for improvement to achieve a predictable result such as providing a full conformity of the patch with the tissue shape (see at least par 0060 of Rem-Bronneberg)--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 Rem-Bronneberg (‘291) further in view of Alford et al. (US 2018/0161002) (“Alford” hereinafter).
In regards to claim 13, Barthe as modified by Rem-Bronneberg 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 Rem-Bronneberg 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 as modified by Rem-Bronneberg 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 Rem-Bronneberg 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).
Claim(s) 22 & 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barthe (‘294) in view of Rem-Bronneberg (‘291) further in view of Hyuga (US 2008/0077017).
In regards to claim 22, while Rem-Bronneberg discloses an applicator further including a flexible conduit (e.g., gap or space between the transducers 8) interconnecting the plurality of spaced-apart individual energy-emitting transducers 8 (see at least figs. 1a-b & 5), Barthe as modified by Rem-Bronneberg discloses the applicator of claim 2, that fails to explicitly teach an applicator further including a coolant conduit interconnecting the coolant source with the plurality of spaced-apart individual energy-emitting transducers. However, Hyuga teaches that it is known to provide an applicator further including a coolant conduit (e.g., gap or space between the transducers, see par 0045 & 0048) interconnecting (via tubes 17a, 17b, see figs. 5(a)-(b) or via tubes 57a, 57b, see par 0067-0068) the coolant source 29 with the plurality of spaced-apart individual energy-emitting transducers (30, 60) (see at least abstract, figs. 1, 3(a)-6(c) & 8-12 and par 0048-0050, 0053, 0058, 0060 & 0069-0070). 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 Rem-Bronneberg further including a flexible coolant conduit, as taught by Rem-Bronneberg, interconnecting the coolant source with the plurality of spaced-apart individual energy-emitting transducers as taught by Hyuga since such a modification would amount to applying a known technique (i.e., as taught by Hyuga) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as uniformly cooling the respective transducers by flowing the liquid heat transfer material through the gaps between the plural transducers such that the transducers can be directly cooled so that the temperature distribution in the plural ultrasonic arrays is averaged and the influence by the temperature on the ultrasonic transmission can be suppressed (see at least par 0028 & 0060 of Hyuga)-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 26, Barthe as modified by Rem-Bronneberg discloses the applicator of claim 10, that fails to explicity teach an applicator wherein the at least one processor is further configured to control the pump to maintain the temperature at the skin surface based on the feedback. However, Hyuga teaches that it is known to provide an applicator wherein the at least one processor 23 is further configured to control the pump 29 to maintain the temperature at the skin surface based on the feedback (see at least par 0090-0091, 0097-0098 & 0114). 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 Rem-Bronneberg wherein the at least one processor is further configured to control the pump to maintain the temperature at the skin surface based on the feedback as taught by Hyuga since such a modification would amount to applying a known technique (i.e., as taught by Hyuga) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as uniformly cooling the respective transducers by flowing the liquid heat transfer material through the gaps between the plural transducers such that the transducers can be directly cooled so that the temperature distribution in the plural ultrasonic arrays is averaged and the influence by the temperature on the ultrasonic transmission can be suppressed (see at least par 0028 & 0060 of Hyuga)-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) 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barthe (‘294) in view of Rem-Bronneberg (‘291) further in view of Pant (WO 00/78232).
In regards to claim 23, Barthe as modified by Rem-Bronneberg discloses the applicator of claim 2, that fails to explicitly teach an applicator wherein each of the plurality of energy-emitting transducers includes an emitting element mounted on a cooled base, and wherein the coolant circulated by the pump flows through cooled bases of adjacent energy-emitting transducers. However, Pant teaches that it is known to provide an applicator wherein each of the plurality of energy-emitting transducers (112, 210) includes an emitting element mounted on a cooled base (124, 200), and wherein the coolant circulated by the pump flows through cooled bases (124, 200) of adjacent energy-emitting transducers (112, 210) (see at least figs. 4 & 6, pg. 11, lines 12-20 and pg. 12, lines 15-17, and pg. 17, lines 11-26). 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 Rem-Bronneberg wherein each of the plurality of energy-emitting transducers includes an emitting element mounted on a cooled base, and wherein the coolant circulated by the pump flows through cooled bases of adjacent energy-emitting transducers as taught by Pant since such a modification would amount to applying a known technique (i.e., as taught by Pant) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as individually measuring and adjusting the temperature of each transducer (see at least pg. 4, lines 14-31 of Pant)--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 24, Barthe as modified by Rem-Bronneberg discloses the applicator of claim 2, that fails to explicitly teach an applicator wherein the at least one processor is configured to determine the temperature at the skin surface by measuring a temperature of a corresponding energy-emitting transducer using one or more temperature sensors. However, Pant teaches that it is known to provide an applicator wherein the at least one processor 135 is configured to determine the temperature at the skin surface by measuring a temperature of a corresponding energy-emitting transducer (210) using one or more temperature sensors (202) (see at least figs. 4 & 6, pg. 11, lines 12-20 and pg. 12, lines 15-17, and pg. 17, lines 11-26). 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 Rem-Bronneberg wherein the at least one processor is configured to determine the temperature at the skin surface by measuring a temperature of a corresponding energy-emitting transducer using one or more temperature sensors as taught by Pant since such a modification would amount to applying a known technique (i.e., as taught by Pant) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as individually measuring and adjusting the temperature of each transducer (see at least pg. 4, lines 14-31 of Pant)--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 25, Barthe as modified by Rem-Bronneberg discloses the applicator of claim 2, that fails to explicitly teach an applicator wherein the at least one processor is configured to determine the temperature at the skin surface by measuring at least one of a capacitance or an electrical impedance of a corresponding energy-emitting transducer. However, Pant teaches that it is known to provide an applicator wherein the at least one processor 135 (see at least) is configured to determine the temperature at the skin surface by measuring at least one of a capacitance or an electrical impedance of a corresponding energy-emitting transducer 210 (see at least fig. 6 and pg. 21, lines 19-29). 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 Rem-Bronneberg wherein the at least one processor is configured to determine the temperature at the skin surface by measuring at least one of a capacitance or an electrical impedance of a corresponding energy-emitting transducer as taught by Pant since such a modification would amount to applying a known technique (i.e., as taught by Pant) to a known device (i.e., as taught by Barthe) ready for improvement to achieve a predictable result such as individually measuring and adjusting the temperature of each transducer (see at least pg. 4, lines 14-31 of Pant)--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 with respect to claim(s) 1-4 & 6-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/RENE T TOWA/ Primary Examiner, Art Unit 3791
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