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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-6, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jameson (US 20030098364 A1, hereinafter “Jameson”).
Regarding claim 1, Jameson teaches an ultrasonic wave generation device comprising: an ultrasonic wave generation source configured to generate an ultrasonic wave; (see Fig. 1-3, [0041]-[0043]: apparatus for focusing ultrasonic acoustic energy by wave generator; vibrator 220)
an ultrasonic wave converging part configured to converge the ultrasonic wave generated from the ultrasonic wave generation source; (see Fig. 1, [0027]-[0028], [0032]-[0036], [0043]: focus and converge generated ultrasonic wave, converging structure formed by tip 120, 150, 152 of the horn 116 and wall 132 of housing 102)
and a waveguide configured to allow transmission therethrough of the ultrasonic wave converged by the ultrasonic wave converging part, (see Fig. 4, [0022]-[0026], [0044]-[0045]: first end 106, chamber 142 and terminus 112/113 allow transmission therethrough of the converged ultrasonic wave)
wherein the ultrasonic wave generation source, the ultrasonic wave converging part, and the waveguide are arranged in this order from a rear-end side, (see Fig. 1-3: vibrator 220, converging part ends of 118, 120, 150, 106, 142, 118, 120, 150, 106, 142, 113 and ultrasonic horn 116, which are located on the rear-end side by design)
the ultrasonic wave converging part and the waveguide have a through-hole penetrating the ultrasonic wave converging part and the waveguide in a front-rear direction, (see Fig. 1-2: 160, 142, 113, 112 penetrating converging part and ultrasonic horn 116, which are located on the front-rear direction by design)
an inner circumferential surface forming the through-hole has a first inner circumferential surface and a deformed portion located on a front-end side relative to the first inner circumferential surface, (see Fig. 1-2, [0026], [0059]: chamber 142 and a tapered, or deformed portion 144)
the first inner circumferential surface has, as a cross-sectional shape taken in the front-rear direction, a shape linearly extending in the front-rear direction, (see Fig. 1-2, [0033]: entrance 160 of chamber 142)
and the deformed portion is, in a cross section taken in the front-rear direction, at least one of a portion located inward of the first inner circumferential surface and a portion located outward of the first inner circumferential surface, and is formed in a part of or over an entire circumference of the inner circumferential surface in a circumferential direction. (see Fig. 1-3, [0025]-[0026], [0059]: tapered portion 144 is inward with respect to the chamber, or circumferential surface, 142. Tapered portion 144 is inward with respect to the chamber 144 and outward respect to the terminus 113. Portion 144 is over the entire circumference of the inner circumferential surface in a circumferential direction)
Regarding claim 2, Jameson teaches the through-hole serves as a flow path through which a liquid flows. (see [0021]-[0025], [0036]: chamber 142 via reservoir 104 with the liquid to flow)
Regarding claim 3, Jameson teaches the inner circumferential surface further has a second inner circumferential surface located on the front-end side relative to the deformed portion, and the second inner circumferential surface has, as a cross-sectional shape taken in the front- rear direction, a shape linearly extending in the front-rear direction. (see Fig. 1-2, [0022], [0037]: exterior terminus 113 of exit orifice 112, cross sectional area of the tip 150 of the ultrasonic horn 116 relative to the cross-sectional area of the exit orifice 112, and in which the direction is in the front-rear direction by design)
Regarding claim 4, Jameson teaches the deformed portion is provided in a portion, of the through-hole, that penetrates the waveguide. (see Fig. 1-2, [0037]: tapered portion 144 of chamber 142 where the horn 115 is relative of entrance of chamber 142)
Regarding claim 5, Jameson teaches The ultrasonic wave generation device according to claim 2, wherein the deformed portion is provided in a portion, of the through-hole, that penetrates the ultrasonic wave converging part. (see Fig. 4, [0022]-[0026], [0044]-[0045]: first end 106, tapered portion 144 of chamber 142 and terminus 112/113 allow transmission therethrough of the converged ultrasonic wave)
Regarding claim 6, Jameson teaches a power supply device configured to output an electric signal to the ultrasonic wave generation device. (see [0062]: power supply to output signal)
Regarding claim 9, Jameson teaches wherein the ultrasonic wave generation source has an annular shape. (see [0059]: tip consisted of cylinder 130 and having a circular shoulder portion 140)
Allowable Subject Matter
Claims 3 and 7-8 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.
Response to Arguments
On page 6-9 of applicant’s remarks, applicant mainly argues that the art of record fails to disclose all the limitations recited in claims 1. The Examiner disagrees and maintains as pointed out in the rejection above:
Through-hole penetrating the ultrasonic wave converging part AND waveguide
Jameson clearly teaches a through-hole penetrating the ultrasonic wave converging part and the waveguide in a front-rear direction, (see Fig. 1-2: 160, 142, 113, 112 penetrating converging part and ultrasonic horn 116, which are located on the front-rear direction by design)
As recited in the application specification [0012], the liquid flows “through the portion of the through-hole that penetrates the waveguide,” indicating that the through-hole itself defines, or at least inherently provides, the liquid flow path in that region. Thus, whether the flow path is viewed as coinciding with the through-hole or as being inherent to it, the specification supports the relationship, and no improper interpretation is required.
Ultrasonic wave converging part as a distinct component
Jameson clearly teaches an ultrasonic wave converging part configured to converge the ultrasonic wave generated from the ultrasonic wave generation source; (see Fig. 1, [0027]-[0028], [0032]-[0036], [0043]: focus and converge generated ultrasonic wave, converging structure formed by tip 120, 150, 152 of the horn 116 and wall 132 of housing 102)
Jameson also mentions the invention contemplates interchangeable user selectable ultrasonic wave generators and/or tips 150 configured to direct ultrasonic acoustical energy…(see [0048])
Waveguide for ultrasonic wave transmission
Jameson clearly teaches a waveguide configured to allow transmission therethrough of the ultrasonic wave converged by the ultrasonic wave converging part, (see Fig. 4, [0022]-[0026], [0044]-[0045]: first end 106, chamber 142 and terminus 112/113 allow transmission therethrough of the converged ultrasonic wave)
Jameson also mentions the invention contemplates interchangeable user selectable ultrasonic wave generators and/or tips 150 configured to direct ultrasonic acoustical energy…(see [0048])
Sequential arrangement of components
Jameson clearly teaches the ultrasonic wave generation source, the ultrasonic wave converging part, and the waveguide are arranged in this order from a rear-end side, (see Fig. 1-3: vibrator 220, converging part ends of 118, 120, 150, 106, 142, 118, 120, 150, 106, 142, 113 and ultrasonic horn 116, which are located on the rear-end side by design)
Second inner circumferential surface (Claim 3)
As recited above, claim 3 is 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.
First and second reflection surfaces (Claim 7)
As recited above, claim 7 is 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.
The rear end of the first inner circumferential surface is contiguous with the second reflection surface (Claim 8)
As recited above, claim 8 is 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.
Annular shape of ultrasonic wave generation source (Claim 9)
As recited in the above rejection, Jameson clearly teaches wherein the ultrasonic wave generation source has an annular shape. (see [0059]: tip consisted of cylinder 130 and having a circular shoulder portion 140)
Conclusion
THIS ACTION IS MADE FINAL. 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 ANNABELLE KANG whose telephone number is (571)270-3403. The examiner can normally be reached Monday-Thursday 8:00-5:00.
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, Vivian Chin can be reached at 571-272-7848. 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.
/ANNABELLE KANG/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
Prosecution Insights