DETAILED ACTIONAcknowledgment is made of applicant’s amendment filed 5/19/26. 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 § 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 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (8,166,823, hereinafter Lam).
Regarding claim 1, Lam discloses an apparatus comprising a control system 68
(See Figs. 1 and 2) that generates one or more electrical signals; a transducer assembly
62 (See Figs. 2 and 7) comprising one or more transducers that receive the one or
more electrical signals from the control system and convert the one or more electrical
signals into the ultrasonic waves, wherein, by reducing surface mismatch, the
generated ultrasonic waves are efficiently transmitted into a non-planar target in one
or more directions, wherein the ultrasonic waves cause at least one of an acoustic
streaming, a cavitation, a microstreaming, standing waves, a turbulence in a flow of
fluids, a vibration of fluid molecules, a vibration of solids, reflection, refraction, or
absorption, thereby improving efficiency of the one or more applications comprising
any of, but not limited to, cleaning, imaging, mixing, measuring, sensing, or therapy
(See Col. 6, lines 1 - 67, Col. 7, lines 1 - 27, Col. 8, lines 43 - 67 and Col. 9, lines 1 -
48). Lam fails to disclose that the one or more transducers comprises one or more active elements, wherein a size of the one or more active elements is limited in order to achieve a surface match ratio between 0.5 and 1.5, wherein the surface match ratio is a ratio of a surface area of a resultant incident surface of the non-planar target to a surface area of a transmitting surface of the transducer assembly. However, in Lam, the transducer 62 comprises active elements 65 and portions 16 that are adapted to match a surface transmitting area of the non-planar target 12 in a desired configuration including a curved surface (See Col. 5, lines 62 – 67 and Col. 6, lines 1 – 18). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate a size of the one or more active elements being limited in order to achieve a surface match ratio between 0.5 and 1.5 since this type of device flexibly orients a one-dimensional phased array probe to detect flaws in any desired direction relative to an axial axis of a tubular member (See Lam, Col. 5, lines 45 – 49).
Regarding claim 2, the apparatus comprises a holder (housing) 14 (See Fig. 2)
or (base) 160 (See Fig. 14) that envelops the non-planar target and positions each of
the one or more transducers around the non-planar target to enable entry of the
ultrasonic waves from one or more directions into the non-planar target (See Col. 5,
lines 62 - 67 and Col. 11, lines 51 - 59). Regarding claim 3, a surface geometry of the transducer assembly is matched
with a surface geometry of a target surface in order to achieve a surface match ratio
close to 1 (See Col. 6, lines 1 - 10).
Regarding claim 4, the one or more transducers comprises one or more active
elements 65 (See Fig. 7), wherein a size of the one or more active elements is limited
in order to achieve a surface match ratio close to 1 (See Col. 8, lines 43 - 67).
Regarding claim 5, the one or more active elements are positioned on the
holder that enables transmitting surfaces to contact with a target surface when the
transducer assembly is combined with the non-planar target (See Figs. 2 and 7).
Regarding claim 6, when the transducer assembly is combined with the non-
planar target, the transmitting surfaces press against the target surface in order to
achieve a surface match ratio close to 1 (See Fig. 2).
Regarding claim 7, the holder functions as a base with one or more active
elements 65 bonded to the holder (See Figs. 2 and 7).
Regarding claim 8, the holder fastens the one or more transducers to the non-
planar target (See Fig. 2).
Regarding claim 9, a target surface functions as a base with one or more active
elements bonded to the target surface (See Fig. 2).
Regarding claim 10, a control system 68 generates one or more electrical
signals; a transducer assembly 62 receives and converts the one or more electrical
signals into ultrasonic waves, wherein the generated ultrasonic waves are efficiently
transmitted into the non-planar target in one or more directions by reducing surface
mismatch, that causes at least one of an acoustic streaming, a cavitation, a
microstreaming, standing waves, a turbulence in a flow of fluids, a vibration of fluid
molecules, a vibration of solids, reflection, refraction, or absorption, thereby
improving efficiency of the one or more applications comprising any of, but not
limited to, cleaning, imaging, mixing, measuring, sensing, or therapy (See Col. 6, lines
1 - 67, Col. 7, lines 1 27, Col. 8, lines 43 67 and Col. 9, lines 1 - 48). Lam fails to disclose that the one or more transducers comprises one or more active elements, wherein a size of the one or more active elements is limited in order to achieve a surface match ratio between 0.5 and 1.5, wherein the surface match ratio is a ratio of a surface area of a resultant incident surface of the non-planar target to a surface area of a transmitting surface of the transducer assembly. However, in Lam, the transducer 62 comprises active elements 65 and portions 16 that are adapted to match a surface transmitting area of the non-planar target 12 in a desired configuration including a curved surface (See Col. 5, lines 62 – 67 and Col. 6, lines 1 – 18). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate a size of the one or more active elements being limited in order to achieve a surface match ratio between 0.5 and 1.5 since this type of device flexibly orients a one-dimensional phased array probe to detect flaws in any desired direction relative to an axial axis of a tubular member (See Lam, Col. 5, lines 45 – 49).
Regarding claim 11, the transducer assembly 62 is configured to press the transmitting surface against the target surface of the non-planar target 130 and closed surface coupling or sound coupling is used for contact between the transducer assembly and the non-planar target surface to reduce the surface mismatch without requiring continuous manual adjustment (See Figs. 14 – 16, See Col. 11, lines 20 – 31 and Col. 12, lines 1 – 17 and 56 – 67).
Regarding claim 12, the transducer assembly is configured to press the transmitting surface against the target surface of the non-planar target and closed surface coupling or sound coupling is used for contact between the transducer assembly and the non-planar target surface to reduce the surface mismatch without when coupled therewith, thereby causing the target surface to conform to a profile of the transmitting surface and reducing the surface mismatch (See Figs. 14 – 16, See Col. 11, lines 20 – 31 and Col. 12, lines 1 – 17 and 56 – 67).
Regarding claim 13, the holder 14 is configured to envelop the non-planar target 12 and to position each of the one or more transducers 62 around the non-planar target so as to enable transmission of the ultrasonic waves into the non-planar target from one or more directions (See Figs. 1 and 2).
Regarding claim 14, each of the one or more active elements 65 is positioned on the holder 14 at a location corresponding to a point of maximum contact between the transmitting surface and the target surface of the non-planar target when the transducer assembly is combined with the non-planar target (See Figs. 2 and 7).
Regarding claim 15, the holder 14 comprises one or more fastening elements 44 including metallic screws (See Fig. 3, See Col. 7, lines 24 - 27).
Regarding claim 16, a control system 68 generates one or more electrical signals; a transducer assembly 62 comprises one or more transducers that receive the one or more electrical signals from the control system and convert the one or more electrical signals into the ultrasonic waves, a holder 14 envelops a non-planar target 12 and positions each of the one or more transducers around the non-planar target to enable entry of the ultrasonic waves from one or more directions into the non-planar target wherein the holder fastens the one or more transducers to the non-planar target, wherein the holder is dimensioned such that a span of the holder across the non-planar target is less than a corresponding dimension of the non-planar target, such that combining the holder with the non-planar target causes the one or more transducers to press against a target surface of the non-planar target; wherein, by reducing surface mismatch, the generated ultrasonic waves are efficiently transmitted into the non-planar target in one or more directions, wherein the ultrasonic waves cause at least one of (i) an acoustic streaming, (ii) a cavitation, (iii) a microstreaming, (iv) standing waves, (v) a turbulence in a flow of fluids, (vi) a vibration of fluid molecules, (vii) a vibration of solids, (viii) reflection, (ix) refraction, or (x) absorption, thereby improving efficiency of the one or more applications comprising any of, but not limited to, cleaning, imaging, mixing, measuring, sensing, or therapy (See Col. 6, lines 1 - 67, Col. 7, lines 1 - 27, Col. 8, lines 43 - 67 and Col. 9, lines 1 - 48).
Response to Arguments
Applicant's arguments, on Pg. 11, Paras. 1 – 3 and Pg. 12, Paras. 1 - 3, filed 5/19/26 have been fully considered but they are not persuasive. In response to applicant’s arguments that the references do not disclose one or more transducers comprising one or more active elements, wherein a size of the one or more active elements is limited in order to achieve a surface match ratio between 0.5 and 1.5, wherein the surface match ratio is a ratio of a surface area of a resultant incident surface of the non-planar target to a surface area of a transmitting surface of the transducer assembly, a holder that envelops the non-planar target and positions each of the one or more transducers around the non-planar target to enable entry of the ultrasonic waves from one or more directions into the non-planar target and the holder is dimensioned such that a span of the holder across the non-planar target is less than a corresponding dimension of the non-planar target, such that combining the holder with the non-planar target causes the one or more transducers to press against a target surface of the non-planar target, it is the examiner’s position that with respect to the one or more transducers comprising one or more active elements, wherein a size of the one or more active elements is limited in order to achieve a surface match ratio between 0.5 and 1.5, wherein the surface match ratio is a ratio of a surface area of a resultant incident surface of the non-planar target to a surface area of a transmitting surface of the transducer assembly and the holder dimensioned such that a span of the holder across the non-planar target is less than a corresponding dimension of the non-planar target, such that combining the holder with the non-planar target causes the one or more transducers to press against a target surface of the non-planar target applicant is arguing new issues. With respect to a holder that envelops the non-planar target and positions each of the one or more transducers around the non-planar target to enable entry of the ultrasonic waves from one or more directions into the non-planar target, in applicant’s invention, the holders 304, 506, 602, 702 (See Figs. 3A, 5A, 6, 7A) respectively envelope a portion of the respective non-planar target 302, 508, 606, 710. In Lam, the holder 14 (160 in Fig. 14) envelopes or covers a portion of the non-planar target 12 (130 in Fig. 15) and positions a probe 62 around the non-planar target at a transmitting surface area, thus the reference still stands.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
Atsushi (JP6700916) discloses an acoustic wave probe and information acquisition device. Nagahara et al. (JP2005037219) disclose an ultrasonic transmitter/receiver and manufacturing method therefor. Lee et al. (EP1405679) disclose a linear array of sonic and ultrasonic transducers, assembled in the form of complex, integral tube resonator.7. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OCTAVIA HOLLINGTON whose telephone number is (571)272-2176. The examiner can normally be reached Monday-Friday 9am-5pm. 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, John Breene can be reached at 5712724107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OCTAVIA HOLLINGTON/Primary Examiner, Art Unit 2855 8/31/26
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