DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Messas et al. (US 2018/0064412 A1).
With respect to claim 1, Messas discloses a computer implemented method for controlling a medical device intended to be used for opening a blood-brain barrier, said device being configured to generate a focused ultrasound beam producing a focal spot and to allow electronic and/or mechanical steering of said focal spot, the method comprising the following steps (Abstract): defining a trajectory of said focal spot based on one or more parameters selected from a list including a trajectory pattern, a travel speed of the focal spot and an acceleration of the focal spot (see paragraph 0175 showing traveling speed as one or more parameters defining a trajectory); and controlling the device to generate said focused ultrasound beam and to move the focal spot along said trajectory so as to cover a predetermined target volume (see paragraph 0176-0178), the step of controlling the device comprises interlacing mechanical steering and electronic steering of the focal spot (see paragraph 0189).
With respect to claim 2, Messas discloses controlling the device comprises generating the focused ultrasound beam (see paragraph 0084) with a series of ultrasound pulses (see paragraphs 0117 and 0156-0160).
With respect to claim 3, Messas discloses moving the focal spot between said ultrasound pulses (see paragraphs 0193-0196).
With respect to claim 4, Messas discloses said predetermined target volume is defined as a series of layers (see paragraph 0071).
With respect to claim 5, Messas discloses said layers are spaced from each other along a reference direction, the step of controlling the device preferably comprises generating the focused ultrasound beam along said reference direction (see paragraphs 0149 and 0252).
With respect to claim 6, Messas discloses of defining the trajectory comprises calculating the trajectory of said focal spot for each of said layers (see paragraphs 0192-0195).
With respect to claim 7, Messas discloses said trajectory pattern parameter includes: a pattern-type parameter, for example a spiral pattern or a pattern comprising multiple line sections parallel to each other, and optionally a corresponding shape factor parameter, for example a distance between predetermined points of the pattern (see paragraph 0253).
With respect to claim 8, Messas discloses the list from which said one or more parameters are selected includes a temporal evolution of a variable representative of a microbubble concentration and an acoustic pressure field (see paragraph 0117-0118).
With respect to claim 9, Messas discloses said travel speed and/or acceleration of the focal spot is calculated as a function of said temporal evolution of a variable representative of a microbubble concentration and/or of said acoustic pressure field (see paragraphs 0117-0118 and 0192).
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With respect to claim 11, Messas discloses a device having (see device in Figure 2C showing ultrasound probe #2): a transducer configured to generate a focused ultrasound beam producing a focal spot (see transducer #6), electronic and/or mechanical steering means configured to move said focal spot, and means adapted to execute the steps of a method according to claim 1 (see paragraph 0189).
With respect to claim 12, Messas discloses a robotic arm bearing said transducer and forming said mechanical steering means (see arm A labeled by the examiner herein connected to controller #5 to steer the probe #2).
With respect to claims 13 and 14, Messas discloses a computer program comprising instructions to cause a device having a transducer (see device in Figure 2C showing ultrasound probe #2 having transducer #6) configured to generate a focused ultrasound beam producing a focal spot (Abstract), electronic and/or mechanical steering means (see paragraph 0189) configured to move said focal spot (see paragraph 0176-0178), and means configured for executing the steps of claim 1 (as discussed in claim 2 above).
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art cited in the PTO 892 not relied upon discloses an ultrasound device similar to Messas but not insertable into the body, but having a later filing date.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIXOMARA VARGAS whose telephone number is (571)272-2252. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Raymond Keith can be reached at 571-270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798
