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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 310. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Election/Restrictions
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03 August 2026.
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.
Claim(s) 1, 3-4 and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deng (PG Pub 20150063072).
Considering claim 1, Deng (Figures 1A + 3A) teaches an acoustic tracking device comprising: an acoustic transducer comprising a ferroelectric single crystal piezoelectric component (8 + paragraph 0051); a microprocessor (6 + paragraph 0051) electronically coupled to the acoustic transducer to drive the acoustic transducer (paragraph 0060); an oscillator having a preset operating frequency, the oscillator electronically (paragraph 0060) coupled to the microprocessor and a battery (10 + paragraph 0051) electronically coupled to each of the microprocessor and the oscillator.
Considering claim 3, Deng (Figures 1A + 3A) teaches wherein the ferroelectric single crystal piezoelectric component is shaped as a tube (paragraph 0049).
Considering claim 4, Deng (Figures 1A + 3A) teaches wherein the battery (10 + paragraph 0055) is arranged within the tube formed by the ferroelectric single crystal piezoelectric.
Considering claim 7, Deng teaches wherein the microprocessor is configured (It has been held that the recitation that an element is “configured to” perform a function is not a positive limitation buy only requires the ability to so perform) to drive the acoustic transducer at the preset frequency (paragraph 0051).
Considering claim 8, Deng teaches wherein the microprocessor (6 + paragraph 0051) is configured to calibrate a driving frequency of the acoustic transducer based upon a signal from the oscillator at the preset frequency (It has been held that the recitation that an element is “configured to” perform a function is not a positive limitation buy only requires the ability to so perform).
Considering claim 9, Deng (Figures 1A + 3A) teaches comprising a housing (4 + paragraph 0049) configured to hold the acoustic transducer, the microprocessor, the oscillator and the battery within a form factor (implicit since the same structure is taught + It has been held that the recitation that an element is “configured to” perform a function is not a positive limitation buy only requires the ability to so perform).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 5-6, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deng (PG Pub 20150063072).
Considering claim 2, Deng discloses the acoustic transducer comprises the ferroelectric single crystal piezoelectric component as described above. However, Deng does not disclose a plurality of ferroelectric single crystal piezoelectric components arranged in a stack, wherein the polling direction of a first one of the plurality of ferroelectric single crystal piezoelectric components is oriented opposite of the polling direction of an adjacent one of the ferroelectric single crystal piezoelectric components of the stack. It would have been obvious to one of ordinary skill in art at the time the invention was made to a plurality of ferroelectric single crystal piezoelectric components arranged in a stack, wherein the polling direction of a first one of the plurality of ferroelectric single crystal piezoelectric components is oriented opposite of the polling direction of an adjacent one of the ferroelectric single crystal piezoelectric components of the stack, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Considering claim 5, Deng discloses the claimed invention except for wherein the preset operating frequency is 417 kHz. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the preset operating frequency is 417 kHz, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
Considering claim 6, Deng discloses the claimed invention except wherein a natural resonance frequency of the acoustic transducer is 417 kHz. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a natural resonance frequency of the acoustic transducer is 417 kHz, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
Considering claim 10, Deng discloses the form factor is substantially cylindrical (4 + paragraph 0049) except for with a diameter of 2 mm or less and a length of 8 mm or less. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a diameter of 2 mm or less and a length of 8 mm, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
Considering claim 11, Deng discloses the claimed invention except for wherein the acoustic tracking device has a weight of 57 mg or less. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the acoustic tracking device has a weight of 57 mg or less, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
Allowable Subject Matter
Claims 12-17 are allowed. Considering claim 12, the prior art does not teach an acoustic tracking device comprising: an acoustic transducer shaped substantially as a tube open at one end; a battery arranged within the tube and a cap arranged in the tube as the open end to hermetically seal the battery within the tube and the cap in combinations with the rest of the applicant’s claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN P GORDON whose telephone number is (571)272-5394. The examiner can normally be reached M-F 8 a.m. - 4:30 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei K Hammond can be reached at 571-270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRYAN P GORDON/Primary Examiner, Art Unit 2837
Prosecution Insights