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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-19, in the reply filed on 08/03/2026 is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/03/2026.
Claim Objections
Claims 1 & 8 are objected to because of the following informalities: “the transducer” should be “the ultrasonic transducer”. Appropriate correction is required.
Claim Interpretation
In claim 1, the phrase “the control circuit arrange to provide” is being understood as equivalent to the statement “the control circuit configured to” indicating that the limitations following are not intended use. Similar interpretation is utilized in dependent claims whenever the phrase “arranged” is being applied to functions which the control circuit performs.
Claim Rejections - 35 USC § 112
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 1-19 are 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.
Claim 1 recites the limitation " the second amplitude" and “the third amplitude” in lines 9-10. There is insufficient antecedent basis for this limitation in the claim.
The term “substantially” in claim 1 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how close or far the parameter needs to be in order to be considered within the range substantially. For examination purposes, the limitation will be understood as though the term substantially is not present. Similar issues is taken with claims 2-3, 7-9, & 16 which also utilize the term substantially and will be interpreted as though the term is not present.
Claim 1 states “the second, third and fourth periods are substantially equal and shorter than the first period”. The limitations appears to be missing words. At current the limitations reads as though applicant is stating the duration of the second, third, and fourth periods are equal to and shorter than the first period, which does not make sense. For examination purposes, the limitations will be understood as the second, third, and fourth periods having a duration equal to each other and less than the first period, as it is believed that is what applicant intended.
Claim 13 recites the limitation "the frequency", “the drive signal”, and “sixth periods”. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 & 17 recites the limitation "the drive signal". There is insufficient antecedent basis for this limitation in the claim.
The remaining claims are rejected for their dependence on a previously rejected claim.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: It is noted that the reasons for indicating allowable subject matter is predicated based on the interpretation of certain limitations as recites in the sections above. An amendment to the claims not consistent with interpretation above may result in withdrawal of the indication of allowable subject matter. The closest art of record is as follows:
Ting (US20220370654A1) discloses a cleaning device for oral appliances (abstract) having a tank and utilizing ultrasonic waves to clean the appliance located within the tank (see all figures and abstract).
Hutchinson (US20230150203A1) discloses that it is known to utilize audio transducers in order to provide acoustic waves with different amplitudes [0041 & 0087], such acoustic waves including ultrasonic waves [0067 & 0087].
Zumeris (US20040057866A1) discloses the production of cavitation bubbles via ultrasonic waves via the use of positive and negative amplitudes of first and second waves [0094] for sterilization purposes. However, Zumeris would also incline one of ordinary skill in the art to not utilize a first mode with only a wave of a first amplitude as it would not perform the intended function of forming cavitation bubbles.
Fedigan (US20180085793A1) discloses increasing and decreasing amplitude of an ultrasonic wave during cleaning operation [0038-0058]. The two ultrasonic wave generating operations read on first and second modes (Figs.4A-4E). Although such ramping and decreasing can read on the limitations pertaining to a second mode (see Figs.4A-4E), the period of time between each ramping and decreasing operation is not defined to be equal duration. Further, the purpose of the ramping operation is to ensure the amplitude of the ultrasonic wave achieves the desired values with a shortened period of time. Thus, a skilled artisan would opt to perform the movement from one amplitude to another within a brief a time as possible and not extend the duration by ensuring the time periods are the same.
Schafer (US20150283277A1) discloses the cleaning of a surface using ultrasonic waves [0004]. Schafer further indicates that a higher amplitude pulse is provided and then a lower amplitude pulse and repetition of such a procedure occurs to clean without damage, while continuous ultrasonic operation at a frequency may cause damage [0074]. The duration between pulses is also stated to be equal [0074]. Accordingly, Schafer teaches the second mode of operation but would advise against a first mode of operation in which continuous operation via an ultrasonic signal at a constant amplitude is provided.
Accordingly, the prior art discovered and made of record within the substantially reduced examination time provided by the office fails to teach or suggest the invention of claim 1 in its totality. Thus claim 1 and its dependents are considered to contain allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAIR CHAUDHRI whose telephone number is (571)272-4773. The examiner can normally be reached Monday - Thursday 7:00am to 5:00pm EST.
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/OMAIR CHAUDHRI/Primary Examiner, Art Unit 1711
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