DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Claims 1-9 and 17-20 in the reply filed on 3/26/26 is acknowledged.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 9 is objected to because of the following informalities: the term polling should be spelled poling since it refers to the process of orienting the polarization of the segments. Appropriate correction is required.
Claim 18 is grammatically incorrect. In the limitation “receiving a select signal to the plurality of segment multiplexers”, receiving should be providing, as best understood 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)(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 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US20170361360, hereinafter Li).
Regarding claim 1, in Fig. 1 Li discloses a device (a lens), comprising: a signal generator (130); a phase shift circuit (132) coupled to the signal generator; a first amplifier (AMP1) coupled to the signal generator; a second amplifier (AMP2) coupled to the phase shift circuit; and a routing circuit (140) comprising: a plurality of segment multiplexers (141-1, 141-2…), each coupled to the first amplifier and the second amplifier (See Fig. 1), each coupled to a respective pair of output terminals (112, 114), each respective pair of the output terminals coupled to a respective segment of a multi-segmented transducer (102), each segment comprising an outer electrode coupled to a first terminal of the respective pair of output terminals and an inner electrode coupled to a second terminal of the respective pair of output terminals (refer to paragraph [0054]); and a lookup table (LUT, 126) coupled to each of the plurality of segment multiplexers, the lookup table configured to receive configuration signals from an external circuit (120) and to provide select signals to the plurality of segment multiplexers.
Regarding claim 2, the multi-segmented transducer comprises a single body (102) of piezoelectric material having a central opening and having an upper annular surface (Paragraph [0023]).
Regarding claims 3 and 4, the lookup table (LUT) is configured to store multiplexer select signals to configure polarity and sine/cosine provided by the plurality of segment multiplexers (paragraph [0033]) and configured to receive a signal for operation of the plurality of segments of the multi-segmented transducer.
Regarding claim 5, the routing circuit is reconfigurable (paragraph [0029]).
Regarding claim 6, the multi-segmented transducer comprises four segments (abstract, Fig. 1).
Regarding claim 7, each segment of a multi-segmented transducer comprises an outer electrode and an inner electrode (paragraph [0045]).
Regarding claim 8, a first segment in the multi-segmented transducer is adjacent a second segment in the multi-segmented transducer (See Fig. 3).
Regarding claim 9, a first segment in the multi-segmented transducer comprises a material having first poling in a first direction; and wherein a second segment in the multi-segmented transducer comprises a material having second poling in a second direction opposite the first direction. Please refer to the description of Fig. 11 in paragraph [0047].
Regarding claims 17-20 directed to the method of driving a transducer is inherently disclosed by Li and the description of Fig. 1. Li discloses the signal generator (130), the phase shifter (132), the routing circuit (140) and the plurality of multiplexers (141) receiving the signal and the output signal is the provided to the conductors of the multisegmented transducer. Fig. 1 discloses the routing circuit and the multiplexer receives a select signal. Li also discloses coupling the conductors of the multi-segmented transducer to a reference voltage (paragraph [0030]). Li shows in Fig. 1 coupling a second conductor of the plurality of conductors of the multi-segmented transducer to the first output signal or the second output signal.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7, 9, 11, 14 and 16 of U.S. Patent No. 11,561,390. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims within the reference application feature the same invention and are within the scope of the claims of the present application.
Regarding claim 1 of the instant application is anticipated by claim 5 of the reference patent. Claim 5 includes all of the claimed limitations of claim 1 of the instant application, including: the signal generator, the phase shift circuit (claim 2), first and second amplifiers, a routing circuit (claim 3), and a lookup table (claim 5).
Regarding claim 2, the limitations are present in claim 1 of the reference patent.
Regarding claims 3 and 4, the limitations are present in claim 5 of the reference patent.
Regarding claim 5, the limitations are present in claim 7 of the reference patent.
Regarding claim 6, the limitations are present in claim 9 of the reference patent.
Regarding claim 7, the limitations are present in claim 11 of the reference patent.
Regarding claim 8, the limitations are present in claim 14 of the reference patent.
Regarding claim 9, the limitations are present in claim 16 of the reference patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references are directed to the same field and have inventors in common.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaydi San Martin whose telephone number is (571)272-2018. The examiner can normally be reached on M-Th 7:45-6:00pm.
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/J. San Martin/
Primary Examiner, Art Unit 2837
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