DETAILED ACTION
Response to Amendment
The amendment filed 09/21/2026 has been entered.
Claims 15-16 are new.
Claims 3, 7 and 10-11 are cancelled.
Claims 1, 12-14 are amended.
Claims 1-2, 4-6, 8-9, and 12-16 are pending.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-2, 8, 12-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Guenzel (US 10,557,938 B2) in view of Feldic (DE 10-2013011186 A1) and Rinaldi (US 2021/0196989 A1) or Yushin (US 2023/0307153 A1) or Monshat (AIP Publishing-2018).
Regarding claim 1, Guenzel teaches a membrane[Abstract, Claim 1 and #5 in Fig 1 is a membrane];
and a piezo element configured to emit an ultrasonic signal via the membrane [Piezoelectric element #12 in fig 1; Col 6, Lines 40-55];
wherein the membrane wherein the membrane has a molecular level resonant frequency within an infrared range and is configured to emit infrared energy when it receives an energy input[Col 1 line 60- Col 2 Line 10 has ultrasonic sensors for emitting heat via membrane vibration and a body that emits heat is inherently emitting infrared radiation based on the principles of physics]…
wherein the membrane comprises a generally cylindrical body including a first end and a second end opposite the first end [Fig 1 shows cylinder shape with membrane in it meaning membrane is similar shape meaning circular with thickness meaning cylinder] and an inner surface defining an aperture at the first end, the aperture extending into the body toward the second end, wherein the piezo element is positioned within the aperture. [Fig 1 has membrane #5 with piezo element on #12 which ultrasound being transmitted out towards housing window #4a]
and wherein the second end is configured to amplify and shape a sound envelope of the ultrasonic signal. [Fig 1 has sound coming out of the end with sensor housing window #4a]
Feldic teaches that wherein the membrane has a molecular level resonant frequency within an infrared range. [0015 has heating by means of ultrasonic vibrations and a body that emits heat is inherently emitting infrared radiation based on the principles of physics] and further teaches that wherein the membrane is configured to emit infrared energy when it receives an energy input[0015 has heating by means of ultrasonic vibrations].
Guenzel does not explicitly teach wherein the membrane is composed of a metal alloy having a chemical composition of 45-90% by weight of at least one selected from a group consisting of silica (SiO2), alumina (A1203), Zinc Sulfide (ZnS), and Zinc Selenide (ZnSe).
Rinaldi teaches that wherein the membrane is composed of a metal alloy having a chemical composition of 45-90%by weight of at least one selected from a group consisting of silica (SiO2), alumina (A1203), Zinc Sulfide (ZnS), and Zinc Selenide (ZnSe). [0073 has membrane for pMUT made of silicon dioxide]
Yushin also teaches wherein the membrane is composed of a metal alloy having a chemical composition of 45-90%by weight of at least one selected from a group consisting of silica (SiO2), alumina (A1203), Zinc Sulfide (ZnS), and Zinc Selenide (ZnSe). [0136, 0183 has the relevant metal alloys and the claimed weight range of 0.1-80% metal which reads on the claim]
Monshat also teaches wherein the membrane wherein the membrane has a molecular level resonant frequency within an infrared range and is configured to emit infrared energy when it receives an energy input[Article teaches plasmonic membranes that emit infrared energy when under electromagnetic stimulation] …..wherein the membrane is composed of a metal alloy [membrane is made of gold]
It would have been obvious to one of ordinary skill in the art before the filing date to have used the ultrasonic vibrations of Guenzel with the heating by means of vibration in Feldic to use the heat generated due to vibration to melt snow and ice using material taught in Rinaldi or Yushin or Monshat to make the membrane based on its properties and suitability. Moreover it would have been obvious to one having ordinary skill in the art at the time the invention was made to use silicon dioxide, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 2, Guenzel teaches wherein the energy input is one selected from a group consisting of an ultrasonic signal emitted by the piezo element, a radiofrequency signal, and an electromagnetic energy. [Piezoelectric element #12 in fig 1; Col 6, Lines 40-55 vibrates the membrane meaning energy is put into it].
Regarding claim 8, Guenzel does not explicitly teach wherein the metal alloy includes at least one selected from a group consisting of aluminum, steel, nickel, iron, magnesium, titanium, copper, and tungsten.
Rinaldi teaches that wherein the metal alloy includes at least one selected from a group consisting of aluminum, steel, nickel, iron, magnesium, titanium, copper, and tungsten. [0073 also has aluminum, 0096 has iron and titanium and copper].
Yushin also teaches that wherein the metal alloy includes at least one selected from a group consisting of aluminum, steel, nickel, iron, magnesium, titanium, copper, and tungsten [0136, 0183 has the relevant metal alloys which reads on the claim]
Regarding claim 12, Guenzel does not explicitly teach wherein the aperture is generally oblong in shape.
Rinaldi teaches that wherein the aperture is generally oblong in shape. [Fig 21 and 0089, 0133 has aperture]
It would have been obvious to one of ordinary skill in the art before the filing date to have used the ultrasonic vibrations of Guenzel the aperture in Rinaldi to obtain a desired focus.
Regarding claim 13, Guenzel, as modified, teaches a first portion disposed toward the first end, the first portion having a first volume[Fig 1 shows portion of ore membrane #5]; and a second portion disposed toward the second end, the second portion having a second volume[Fig 1 has portion after membrane #5 till attenuator #11]; wherein the second volume is lesser than the first volume[second portion is smaller than first portion], and the piezo element is positioned within the second portion. [Piezoelement #12 is in second portion]
Regarding claim 14, Guenzel does not explicitly teach wherein the membrane further comprises: a ridge proximal to the first end, extending circumferentially around the body and configured to engage with a decoupling ring of the ultrasonic sensor. [Abstract has decoupling ring protecting membrane]
Feldic teaches that wherein the membrane further comprises: a ridge proximal to the first end, extending circumferentially around the body and configured to engage with a decoupling ring of the ultrasonic sensor. [Abstract has decoupling ring protecting membrane]
It would have been obvious to one of ordinary skill in the art before the filing date to have used the ultrasonic vibrations of Guenzel with the decoupling ring of Feldic to use the decoupling ring to protect the membrane.
Regarding claim 16, Guenzel does not explicitly teach wherein the energy input is one selected from a group consisting of a radiofrequency signal and an electromagnetic energy, and wherein the membrane is configured to emit the infrared energy while the ultrasonic sensor is unpowered.
Monshat teaches wherein the energy input is one selected from a group consisting of a radiofrequency signal and an electromagnetic energy, and wherein the membrane is configured to emit the infrared energy while the ultrasonic sensor is unpowered.[Article teaches plasmonic membranes that emit infrared energy when under electromagnetic stimulation]
It would have been obvious to one of ordinary skill in the art before the filing date to have used the ultrasonic sensor of Guenzel with plasmonic membrane properties of Monshat in order emit infrared energy. Moreover this claim limitation appears to be an intended use of a basic property of the material or is attempting to claim a concept in physics rather than a novel and non-obvious device.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Guenzel (US 10,557,938 B2) in view of Feldic (DE 10-2013011186 A1) and Rinaldi (US 2021/0196989 A1) or Yushin (US 2023/0307153 A1) or Monshat (AIP Publishing-2018) as applied to claim 1 above, and further in view of Wikipedia (2023).
Regarding claim 4, Guenzel does not explicitly teach wherein the molecular level resonant frequency is between 0.3 and 400 THz.
Wikipedia teaches that wherein the molecular level resonant frequency is between 0.3 and 400 THz. [Infrared radiation is between 300 GHz-430 THz meaning a body that heats up will emit radiation in the claimed range based on the principles of physics]
It would have been obvious to one of ordinary skill in the art before the filing date to have used the ultrasonic vibrations of Guenzel with the claimed range as taught by Wikipedia as a body that emits heat emits energy in the claimed range based on the principles of physics. Moreover It would have been obvious to one of ordinary skill in the art before the filing date to claim such a range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 5, Guenzel does not explicitly teach wherein the molecular level resonant frequency is between 0.3 and 20 THz.
Wikipedia teaches that wherein the molecular level resonant frequency is between 0.3 and 20 THz. [Infrared radiation is between 300 GHz-430 THz meaning a body that heats up will emit radiation in the claimed range based on the principles of physics]
Regarding claim 6, Guenzel does not explicitly teach wherein the membrane is configured to emit infrared photon energy between 1.2 and 1,653 meV.
Wikipedia teaches that wherein the membrane is configured to emit infrared photon energy between 1.2 and 1,653 meV. [The table has Infrared radiation having energy between 886-1653 mEV for the near infrared range meaning a body that heats up will emit radiation in the claimed range based on the principles of physics]
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Guenzel (US 10,557,938 B2) in view of Feldic (DE 10-2013011186 A1) and Rinaldi (US 2021/0196989 A1) or Yushin (US 2023/0307153 A1) or Monshat (AIP Publishing-2018) as applied to claim 1 above, and further in view of Kassel (US 20210053052 A1).
Regarding claim 9, Guenzel does not explicitly teach wherein the membrane is coated with a compound containing at least one selected from a group consisting of silica (SiO2), alumina (A1203), Zinc Sulfide (ZnS), and Zinc Selenide (ZnSe).
Rinaldi teaches that wherein the membrane is coated with a compound containing at least one selected from a group consisting of silica (SiO2), alumina (A1203), Zinc Sulfide (ZnS), and Zinc Selenide (ZnSe). [0039 has silica and alumina coating]
It would have been obvious to one of ordinary skill in the art before the filing date to have used the ultrasonic vibrations of Guenzel with coating taught in Rinaldi to alter or protect the membrane based on its properties and suitability. Moreover It would have been obvious to one having ordinary skill in the art at the time the invention was made to use silica or alumina, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Guenzel (US 10,557,938 B2) in view of Feldic (DE 10-2013011186 A1) and Rinaldi (US 2021/0196989 A1) or Yushin (US 2023/0307153 A1) or Monshat (AIP Publishing-2018) as applied to claim 1 above, and further in view of Schlenoff (US 20040149572 A1).
Regarding claim 15, Guenzel does not explicitly teach wherein the at least one selected from a group consisting of Zinc Sulfide (ZnS), and Zinc Selenide (ZnSe).
Schlenoff teaches wherein the at least one selected from a group consisting of Zinc Sulfide (ZnS), and Zinc Selenide (ZnSe). [0059, Claim 15 has Zinc Sulfide and Zine Selenide coating]
It would have been obvious to one of ordinary skill in the art before the filing date to have used the ultrasonic vibrations of Guenzel with coating taught in Schlenoff to alter or protect the membrane based on its properties and suitability. Moreover It would have been obvious to one having ordinary skill in the art at the time the invention was made to use silica or alumina, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant's arguments filed 09/21/2026 have been fully considered but they are moot because the arguments do not apply to the specific combination of the references being used in the current rejection.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Specifically applicant is reading the prior art overly narrowly. Said another way applicant's argument is claiming the limitations that a vibrating body is able to heat up and emit some heat. Once again this is a basic concept of physics and even calling it a "molecular level resonant frequency" is another way of claiming the property of materials to heat up when vibrations occur. Applicant then admits on the same page that Guenzel heats up when under operation but dismisses it as being mechanical friction and energy dissipation not being the same thing despite both the prior art and applicants invention heating up due to operation as a basic property of matter. Said another way applicant is attempting to claim a basic property of matter.
Additionally the secondary reference of Monshat also teaches infrared emission when electromagnetic energy is applied. Said another way applicant is attempting of claim a concept in physics or the properties of a material for an intended use. See also the other pertinent NPL art of Item Media and Taekker.
Moreover applicant is attacking the references individually without describing how the prior art is different from the claimed invention and is not distinguishing the claims from the prior art.
Regarding arguments on pages on the material it is pointed out that it would have been obvious to one having ordinary skill in the art at the time the invention was made to have certain compositions, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding applicants arguments concerning the cylindrical body, applicant is reading the prior art overly narrowly, it is pointed out that for a membrane to fit inside a cylinder would mean it would have a circular shape and would have a thickness which would be understood to be a cylinder.
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Rejections are maintained – and no allowable subject matter can be identified at this time.
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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/VIKAS ATMAKURI/Examiner, Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645
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