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 .
Response to Amendment
In the amendments filed May 27th, 2026, the following has occurred: claims 1 and 48 have been amended; claims 1-5, 7, 9-10, 13, 15-17,19, 24, 26, 31-33, 35, 38, 41-42 and 47-48 remain pending in this application.
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks, filed May 27th, 2026, with respect to the rejection(s) of claim(s) 1 and 48 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Zhu et al. (WO 2021202093 A1, “Zhu”) in view of Chen (WO 2009158146 A2, “Chen”) and Tian (CN 110367942 A, “Tian”).
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.
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.
Claim(s) 1-3, 35, 40-42, and 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (WO 2021202093 A1, “Zhu”) in view of Chen (WO 2009158146 A2, “Chen”) and Tian (CN 110367942 A, “Tian”. For all text citations, see attached machine translation).
Regarding claim 1, Zhu discloses an apparatus for use in imaging a target, comprising:
a housing; and a distal portion coupled to the housing(Fig. 7 illustrates the probe which shows a housing having a distal end), comprising:
an acoustic subarray configured to transmit acoustic signals toward the target (Fig. 7 (803) illustrates a piezoelectric crystal array);
an optical subarray configured to detect the acoustic signals from the target(Fig. 7 (801) illustrates an optical microresonator array);
and an input/output (I/O) region
Zhu fails to teach
an acoustic subarray on a first substrate;
and an optical subarray on a second substrate.
and an input/output (I/O) region extending in an elevation direction – lateral direction (E-L) plane
Chen teaches
an acoustic subarray on a first substrate([0047]-[0048] photoacoustic imaging probe may include a first and second substrate. Ultrasonic transducers may be integrated into the second substrate. First substrate may include optical fiber arrays. The two substrates may be bonded together via wafer-to-wafer bonding);
and an optical subarray on a second substrate ([0047]-[0048] photoacoustic imaging probe may include a first and second substrate. Ultrasonic transducers may be integrated into the second substrate. First substrate may include optical fiber arrays. The two substrates may be bonded together via wafer-to-wafer bonding).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, to include the teachings of Chen, in order to yield a photoacoustic imaging probe with a stacked substrate arrangement that allows the apparatus to be both compact as well as allowing light to pass through the ultrasonic array substrate and penetrate target tissue without significant loss. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Zhu, as modified in view of Chen fails to teach
and an input/output (I/O) region extending in an elevation direction – lateral direction (E-L) plane
Tian teaches
and an input/output (I/O) region extending in an elevation direction – lateral direction (E-L) plane (Fig. 1 (3) illustrates optical fiber bundle distributed in a E-L direction)(pg. 2 optical illumination system includes a multi path optical fibre beam)(pg. 6, optical illumination system comprises an optical fibre coupler (2) and optical fiber bundle (3))
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen, to further include the teachings of Tian, in order to yield a photoacoustic imaging probe with a stacked substrate arrangement that allows the apparatus to be both compact and enable more uniform imaging of the object under inspection by utilizing a uniformly arranged optical fiber bundle the covers a circumference spanning the size of the object under inspection. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Regarding claim 2, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu further teaches
the acoustic subarray comprises acoustic energy generating (AEG) trans wherein the AEG transducers comprise one or more of a piezoelectric transducer,
Regarding claim 3, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu further teaches
the optical subarray comprises one or more photonic integrated circuit (PIC) modules comprising
Regarding claim 35, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu further teaches
the one or more optical I/O channels are realized in
Regarding claim 40, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Chen further teaches
wherein the acoustic subarray and the optical subarray are juxtaposed in an elevational direction in the distal portion(Fig. 1B, [0046], photoacoustic imaging array includes first substrate and second substrate that are stacked on top of one another. Ultrasonic transducers may be integrated on the second substrate)([0048], first substrate may include an array of laser or light emitting diodes and optical fibers).
Regarding claim 41, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu teaches
the acoustic subarray is placed on a flat top surface on a non-sensing area of the optical subarray in the axial direction (Fig. 7, [0086], ultrasound probe may include an optical microresonator array and a piezoelectric crystal array)(Fig. 7 illustrates the optical microresonator array (801) and piezoelectric crystal array (803) being disposed in a flat arrangement axially to one another with the piezoelectric array being positioned in a non-sensing area of the optical microresonator array).
Regarding claim 42, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Chen further teaches
the optical subarray comprises a plurality of modularized optical subarrays arranged in a stair pattern in an elevational direction or in a polvonal pattern in an elevational direction(Fig. 1B, [0046], photoacoustic imaging array includes first substrate and second substrate that are stacked on top of one another. Ultrasonic transducers may be integrated on the second substrate)([0048], first substrate may include an array of laser or light emitting diodes and optical fibers)(it is the examiner’s interpretation that the disposition of the array of light emitting diodes and optical fibers on the square shaped first substrate indicates that the optical subarray is positioned in an elevation direction with respect to the acoustic subarray, and it’s integration into the square substrate is a polygonal pattern).
Regarding claim 48, the claim is an apparatus claim corresponding to claim 1 and is therefore rejected for the same reasons.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Hughes et al. (US 20200406299 A1, “Hughes”).
Regarding claim 4, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen fails to teach
the first substrate comprises aluminum, wherein the acoustic subarray is attached to the first substrate via thermally conductive epoxy.
Hughes teaches the first substrate comprises aluminum, wherein the acoustic subarray is attached to the first substrate via thermally conductive epoxy ([0015] resist material such as an epoxy material may be applied over the piezoelectric layer)([0024], substrate may be electrically conductive and include a layer or film such as aluminum).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Hughes, in order to yield a photoacoustic imaging probe with electrically conductive substrates which allows for better radiation of ultrasonic waves, thus improving the quality of images produced during use of the probe. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Ergun et al. (US 20220072338 A1, “Ergun”).
Regarding claim 5, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the first substrate comprises one or more integrated thermoelectric coolers or one or more thermistors or thermocouples.
Ergun teaches
the first substrate comprises one or more integrated thermoelectric coolers or one or more thermistors or thermocouples ([0292], thermoelectric cooler is produced from a substrate using micromachining processes. Additionally step may include fabricating a CMUT array using a micromachining process).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Ergun, in order to yield a photoacoustic probe that is able to self-cool so that any patients that are being imaged by the probe do not overheat or get burned. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Lee et al. ("Reduced graphene oxide coated thin aluminum film as an optoacoustic transmitter for high pressure and high frequency ultrasound generation." Applied Physics Letters 101.24 (2012)., “Lee”).
Regarding claim 7, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the second substrate comprises aluminum or a backing block for the optical subarray.
Lee teaches the second substrate comprises aluminum or a backing block for the optical subarray (Fig. 1, [pg. 1] aluminum thin film is deposited and coated onto the glass substrate).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Lee, in order to yield a photoacoustic imaging probe with an electrically conductive substrate which allows for the optimization of the thermoelastic response of the optical transmitter. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Wentz (WO 2019191735 A1, “Wentz”).
Regarding claim 9, Zhu, as modified in view of Chen and Tian, teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the housing further comprises a tuning circuit electrically connected to the acoustic subarray, wherein the tuning circuit is configured to condition acoustic signals transmitted from the acoustic subarray.
Wentz teaches
the housing further comprises a tuning circuit electrically connected to the acoustic subarray, wherein the tuning circuit is configured to condition acoustic signals transmitted from the acoustic subarray ([0061], additional systems may include a system for adaptively tuning acoustic sources and detectors to compensate for variations in tissue parameters, detection resolution, and sensitivity requirements).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Wentz, in order to yield a photoacoustic imaging probe with the ability to dynamically tuning the acoustic sources such that it can compensate for variations in tissue parameters, detection resolution, and sensitivity requirements. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Liang et al. (CN 110859601 A, “Liang”).
Regarding claim 10, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the optical fiber array comprises an angled surface with a mirror coating for bending optical signals to and from the optical subarray, wherein the angled surface is about 45 degrees in reference to an elevational-lateral plane of the optical subarrav, or the angled surface further comprises a reflective focusing right-angle optical fixture.
Liang teaches the optical fiber array comprises an angled surface with a mirror coating for bending optical signals to and from the optical subarray, wherein the angled surface is about 45 degrees in reference to an elevational-lateral plane of the optical subarrav, or the angled surface further comprises a reflective focusing right-angle optical fixture ([attached machine translation, pg. 4] optical fiber can be adjusted in the axial direction and uses a reflecting unit to focus light emitted by the probe. Preferably the reflecting unit is a coated mirror and has a reflection angle of 45 degrees).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Liang, in order to yield a photoacoustic imaging probe with the ability to redirect and focus the laser light provided by the probe to a desired angular degree. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen Tian, Tsujita (WO 2013018313 A1, “Tsujita”), and Krishna et al. ("Polymer waveguide photonic interconnect for multichip communications-based heterogeneous integration." Journal of Nanophotonics 16.3 (2022): 036002-036002., “Krishna”).
Regarding claim 13, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the one or more optical I/O channels further comprise a refractive focusing right-angle optical fixture with a lens plate, wherein the lens plate is bonded with the optical fiber array and/or an interposer chip via a flat surface or the one or more optical I/O channels further comprises a polymer waveguide bonding the optical fiber array with the optical subarray via one or more edge couplers on the optical subarray.
Tsujita teaches
the one or more optical I/O channels further comprise a refractive focusing right-angle optical fixture with a lens plate ([attached machine translation, pg. 4] refractive index of resin lens and lens light guide plate refracts incident light so that the emission angle of emitted light approaches a right angle.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Tsujita, in order to yield a photoacoustic imaging probe with the ability to redirect and focus the laser light provided by the probe to a desired angular degree. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Zhu, as modified in view of Chen and Tsujita fails to teach
the lens plate is bonded with the optical fiber array and/or an interposer chip via a flat surface or the one or more optical I/O channels further comprises a polymer waveguide bonding the optical fiber array with the optical subarray via one or more edge couplers on the optical subarray.
Krishna teaches
the lens plate is bonded with the optical fiber array and/or an interposer chip via a flat surface or the one or more optical I/O channels further comprises a polymer waveguide bonding the optical fiber array with the optical subarray via one or more edge couplers on the optical subarray (light is coupled to the chips through optical waveguides with additional waveguides being fabricated on the interposer to couple the light from the fiber to the package through edge coupling)([pg. 4], polymer waveguides are fabricated on glass interposer for interconnecting different chips).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen, Tian, and Tsujita, to further include the teachings of Krishna, in order to yield a photoacoustic imaging probe with a polymer waveguide that bonds the optical fiber array and the optical subarray in such a way that protects the interposer from damage . Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Desmet et al. ("Laser written glass interposer for fiber coupling to silicon photonic integrated circuits." IEEE Photonics Journal 13.1 (2020): 1-12., “Desmet”).
Regarding claim 15, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the optical fiber array is coupled to an interposer chip connecting with the optical subarray in an elevational direction via one or more surface couplers.
Desmet teaches the optical fiber array is coupled to an interposer chip connecting with the optical subarray in an elevational direction via one or more surface couplers (Fig. 1, [pg. 3] optical fibers are connected to a photonic chip through a fused silica glass interposer through surface coupling)(Fig. 1 illustrates the interposer being situated in an elevational direction with respect to the photonic chip).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Desmet, in order to yield a photoacoustic imaging probe where the optical subarray and optical fibers are securely attached to the interposer chip and photonic chip via surface couplers . Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Regarding claim 16, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the optical fiber array is mated with an interposer chip in the axial direction comprising a mirror structure with about 45 degrees in reference to an elevational-lateral plane of the optical subarray.
Desmet teaches
the optical fiber array is mated with an interposer chip in the axial direction comprising a mirror structure with about 45 degrees in reference to an elevational-lateral plane of the optical subarray ([pg. 6], the out of plane coupling mirror is angled at 41.5 degrees with respect to the optical fibers. Mirror is created by placing the fused silica substrate into a holder with a predetermined angle of 41.5 degrees).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Desmet, in order to yield a photoacoustic imaging probe where the optical subarray and optical fibers are securely attached to the interposer chip and photonic chip via surface couplers . Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, Ling et al. (CN 106175691 A, “Ling”. For all text citations, see attached machine translation), and Desmet.
Regarding claim 17, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu further teaches
the I/O region further comprises one or more electrical I/O channels(Fig. 7 (805) illustrates multiple optical fibers which are a plurality of channels connecting the optical fibers to the optical microresonator array (801) and are disposed in an axial direction).
Zhu, as modified in view of Chen and Tian fails to teach
the one or more electrical I/O channels comprises a flexible printed circuit, wherein the distal portion further comprises an interposer board electrically connected to the optical subarray via the one or more electrical I/O channels.
Ling teaches the one or more electrical I/O channels comprises a flexible printed circuit ([attached machine translation, pg. 4], mems micromirror array and fiber channel array are connected to the flexible printed circuit board lower layer by adhesive bonding).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Ling, in order to yield a photoacoustic imaging probe capable of obtaining full area imaging through the use of the laser light corresponding to the two-dimensional scan. Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Zhu, as modified in view Chen, Tian, and Ling fails to teach
the distal portion further comprises an interposer board electrically connected to the optical subarray via the one or more electrical I/O channels.
Desmet teaches
the distal portion further comprises an interposer board electrically connected to the optical subarray via the one or more electrical I/O channels(Fig. 1, [pg. 3] optical fibers are connected to a photonic chip through a fused silica glass interposer through surface coupling)(Fig. 1 illustrates the interposer being situated in an elevational direction with respect to the photonic chip) ([pg. 6], the out of plane coupling mirror is angled at 41.5 degrees with respect to the optical fibers. Mirror is created by placing the fused silica substrate into a holder with a predetermined angle of 41.5 degrees).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian and Ling, to further include the teachings of Desmet, in order to yield a photoacoustic imaging probe where the optical subarray and optical fibers are securely attached to the interposer chip and photonic chip via surface couplers . Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 24, 26, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Ogawa (EP 1154269 A2, “Ogawa”).
Regarding claim 24, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
an acoustic front stack with a curved acoustic front facet, wherein the acoustic front stack comprises an interface layer configured to contact a surface of the target for imaging and transmit acoustic signals between the apparatus and the target.
Ogawa teaches
an acoustic front stack with a curved acoustic front facet, wherein the acoustic front stack comprises an interface layer configured to contact a surface of the target for imaging and transmit acoustic signals between the apparatus and the target (Fig. 16, [0066], acoustic matching layer (22) is provided between the ultrasonic detecting elements and the housing in order to match the acoustic impedance)(Fig. 16 illustrates housing (16) having a curved front facet).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Ogawa, in order to yield a photoacoustic imaging probe in which the probe is able to provide enhanced impedance matching based on the target being imaged, thus increasing the imaging quality . Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Regarding claim 26, Zhu, as modified in view of Chen, Tian, and Ogawa teaches the apparatus of claim 24. Ogawa further teaches
the interface layer comprises a biocompatible material with minimal acoustic impedance, wherein the interface laver comprises at least one of an acoustic matching laver with an acoustic impedance matching with the target for imaging, one or more acoustic lenses configured to focus and steer the acoustic signals to the target,
Regarding claim 31, Zhu, as modified in view of Chen, Tian, and Ogawa teaches the apparatus of claim 24. Ogawa further teaches comprising a first matching layer connecting the interface layer with the acoustic subarray(Fig. 16, [0066], acoustic matching layer (22) is provided between the ultrasonic detecting elements and the housing in order to match the acoustic impedance)
Zhu further teaches a second matching layer connecting the interface layer with the optical subarray ([0048] optical waveguide array may be covered in an encapsulation layer (such as a matching polymer).
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Pinch et al. (US 20210137502 A1, “Pinch”).
Regarding claim 33, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
a heat sink located in the housing, wherein the heat sink comprises a layer of thermal compound interfacing with the housing.
Pinch teaches
a heat sink located in the housing, wherein the heat sink comprises a layer of thermal compound interfacing with the housing([0023] portable ultrasound device includes a heat sink positioned near a perimeter of the housing that are connected via pipes to the interior of the housing and are thermally coupled to the housing)(Fig. 3 (320) illustrates the heat sink being located within the interior perimeter of base portion (300)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Ogawa, in order to yield a photoacoustic imaging probe in which excess heat generated during operation of the probe is able to safely and efficiently be dissipated, ensuring the probe does not overheat or get damaged . Making such a modification amounts to combining prior art elements according to known methods to yield predictable results. See MPEP 2141.III KSR rationale (A).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu in view of Chen, Tian, and Carroll.
Regarding claim 38, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the optical subarray is a flip chip, wherein the optical fiber array is attached to the optical subarray via one or more surface couplers.
Carroll teaches the optical subarray is a flip chip, wherein the optical fiber array is attached to the optical subarray via one or more surface couplers([pg. 16], in addition to Fiber-to-PIC coupling, grating couplers can be used for optical proximity coupling or interlayer coupling which allows for efficient vertical chip-to-chip connections and even board-to-chip connections. These optical proximity couplers allow for flip-chip alignment of different photonic systems for advanced hybrid photonic devices).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to modify the apparatus of Zhu, as modified in view of the teachings of Chen and Tian, to further include the teachings of Carroll, in order to yield a photoacoustic imaging probe which allows for further alignment of different photonic systems due to the efficient use of space thus allowing for more advanced hybrid photonic imaging devices to be realized. Making such a modification amounts to applying a known technique to similar devices in the same way. See MPEP 2141.III KSR rationale (C).
Allowable Subject Matter
Claims 19, 32 and 47 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 19, Zhu, as modified in view of Chen, Tian, Ling, and Desmet teaches the apparatus of claim 17. Zhu, as modified in view of Chen, Tian, Ling and Desmet fails to teach
the flexible printed circuit is connected to the optical subarray via one-dimensional pad array wire- bonding or a two-dimensional pad array flip-chip bonding.
Carroll teaches
the flexible printed circuit is connected to the optical subarray via However, in order to satisfy the limitations of the claim, the number of prior art references that would need to be combined lends itself to the finding that the claim limitations, and therefore the claim as a whole is non-obvious).
Regarding claim 32, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
the housing comprises a type III anodized aluminum housing with a combination of organic contours, dimples, textures, and over-molded silicone regions.
Ogawa (EP 1154269 A2, “Ogawa” ) teaches
the housing comprises a type III anodized aluminum housing with a combination of organic contours, dimples, textures, and over-molded silicone regions (Fig. 16, [0066], housing includes a silicon rubber acoustic lens on its surface)(Fig. 16 illustrates housing (21) including a contoured shape, with the acoustic lens (23) introducing textural variation)(Ogawa, nor any other identified prior art teaches the required aspect of the claim limitation regarding the housing being composed of Type III anodized aluminum. No identified prior art teaches the aspect of the claim limitation in part with sufficient motivation to combine).
Regarding claim 47, Zhu, as modified in view of Chen and Tian teaches the apparatus of claim 1. Zhu, as modified in view of Chen and Tian fails to teach
a coupling gap between a core of the optical fiber array and a waveguide mode of an interposer in an elevational direction is less than 10 pm.
Ensenaliev et al. (US 20160007895 A1, “Ensenaliev”) teaches
a coupling gap between a core of the optical fiber array and a waveguide mode of an interposer in an elevational direction is less than 10 microns ([0090], optical fibers can be bundled together or may be separated from each other. Optical waveguide comprises a single optical fiber having a 10 to 1500 micron core and an outer diameter of 12 to 2000 microns. Ensenaliev, nor any other identified prior art teaches the required aspects of the claim limitations such as the coupling gap of the optical fiber array and waveguide mode of an interposer in an elevation direction being less than 10 microns. No other identified prior art teaches the aspects of these claim limitations in part with sufficient motivation to combine).
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Zhao et al. (WO 2021237125 A1, “Zhao”) which discloses mixed ultrasound transducer arrays
Yang et al. (WO 2021055823 A2, “Yang”) which discloses mixed optical and ultrasound transducer arrays
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 CHRISTOPHER RICHARD WALKER whose telephone number is (571)272-6136. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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, Yuqing Xiao can be reached at 571-270-3603. 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.
/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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