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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the claim limitation “a motor variable speed group with an ultrasonic probe up and down moving mechanism, a nut with an up and down moving mechanism, a nut bracket with an up and down moving mechanism, a screw rod with an up and down moving mechanism, a guiding rod with an up and down moving mechanism, a transmission shaft with an up and down moving mechanism, a conduction block with an up and down moving mechanism, a crank with an up and down moving mechanism, a connecting block with an up and down moving mechanism, a supporting bracket with an ultrasonic probe up and down moving mechanism, and the ultrasonic probe connection plate; and the connecting block with the up and down moving mechanism is fixed to the supporting bracket with the ultrasonic probe up and down moving mechanism, and the supporting bracket with the ultrasonic probe up and down moving mechanism is fixed to the ultrasonic probe connection plate” in lines 17-28 was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification discloses that the probe comprises a up and down moving mechanism and the up and down moving mechanism comprises a motor variable speed group, a nut, a nut bracket, a screw rod, a guiding rod, a transmission shaft, a conduction block, a crank, a connection block, a supporting bracket (see par. [0023] of the PG Pub. version of the specification), but the specification does not disclose each of the motor variable speed group, the nut, the nut bracket, the screw rod, the guiding rod, the transmission shaft, the conduction block, the crank, the connection block, the supporting bracket have it’s own up and down moving mechanism.
Regarding claim 2, the claim limitation “a motor variable speed group with an ultrasonic probe front and rear moving mechanism, a motor variable speed group with an ultrasonic probe left and right moving mechanism, a motor variable speed group with an ultrasonic probe rotation mechanism, a motor variable speed group with an ultrasonic probe rotation mechanism and a motor variable speed group with an ultrasonic probe swing mechanism, the motor variable speed group with the ultrasonic probe front and rear moving mechanism is fixed on the driving bed body, the motor variable speed group with the ultrasonic probe left and right moving mechanism is fixed on a dragging plate of a driving area through a first triangular bracket, the motor variable speed group with the ultrasonic probe rotation mechanism is fixed on the dragging plate of the driving area through a second triangular bracket, the motor variable speed group with the ultrasonic probe rotation mechanism is fixed on the dragging plate of the driving area through a third triangular bracket, the motor variable speed group with the ultrasonic probe swing mechanism is fixed on the dragging plate of the driving area through a fourth triangular bracket” in lines 3-23 was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification discloses each of the different mechanism comprises a motor variable speed group (see par. [0013] of the PG pub. version of the specification), but the specification does not disclose that each of the motor variable speed group comprises with its own different mechanism.
Furthermore for claim 2, the claim limitation “...a driving area with a guiding rail” in lines 22-23 was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification discloses the guiding rail comprising a driving area (see par. [0014] of the PG pub. version of the specification), but the specification does not disclose that the driving area comprises the guiding rail.
Claims 3-10 are rejected because they depend from rejected claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim limitation “the motor variable speed group” in line 13-14 is indefinite because it is unclear if this motor variable speed group is part of the plurality of motor variable speed group that is recited in preceding lines.
Furthermore for claim 1, the claim limitation “a motor variable speed group” in lines 17-18 is indefinite because it is unclear if this motor variable speed group is part of the motor variable speed group that is recited in lines 13-14 or it’s part of the plurality of motor variable speed groups that is recited in lines 12-13.
Furthermore for claim 1, the claim limitation “an ultrasonic probe up and down moving mechanism, a nut with an up and down moving mechanism, a nut bracket with an up and down moving mechanism, a screw rod with an up and down moving mechanism, a guiding rod with an up and down moving mechanism, a transmission shaft with an up and down moving mechanism, a conduction block with an up and down moving mechanism, a crank with an up and down moving mechanism, a connecting block with an up and down moving mechanism, a supporting bracket with an ultrasonic probe up and down moving mechanism” in lines 17-24 is indefinite because it is unclear if all these different up and down moving mechanisms are part of the mechanism moving up and down of the ultrasound probe that is recited in line 10.
Regarding claim 2, the claim limitation “an ultrasonic probe front and read moving mechanism”, “an ultrasonic probe left and right moving mechanism”, “an ultrasonic probe rotation mechanism”, “an ultrasonic probe rotation mechanism”, and “an ultrasonic probe swing mechanism” is indefinite because it is unclear if these mechanisms are related to the ultrasonic probe movement control assembly comprises a mechanism moving front and rear of the ultrasonic probe, a mechanism moving left and right of the ultrasonic probe, a rotation mechanism of the ultrasonic probe, a mechanism moving up and down of the ultrasonic probe and a swinging mechanism of the ultrasonic probe that are already recited in claim 1.
Furthermore for claim 2, the claim limitation “a driving area” in line 22 is indefinite because it is unclear if this driving area is related to the driving that is already recited in preceding lines in claim 2.
Claims 3-10 are rejected because they depend from rejected claim 1.
Response to Arguments
The previous claim rejection under 35 USC 112 (b) to claims 2, 3, 4, 6 and 10 has been withdrawn in view of Applicant’s amendments to the claims.
The previous prior art rejection has been withdrawn in view of Applicant’s amendments to claim 1, and the dependent claims thereof, however, the claims are currently recited under 35 USC 112 (a) and (b) in view Applicant’s amendments to the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cheng et al. (US 2009/0030339) disclose apparatus and method for motorized placement of needle.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHDEEP MOHAMMED whose telephone number is (571)270-3134. The examiner can normally be reached Monday to Friday, 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M Kozak can be reached at (571)270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAHDEEP MOHAMMED/Primary Examiner, Art Unit 3797
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