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 Objections
Claims 1-4 and 6 are objected to because of the following informalities: Claims are amended and should indicated “Currently Amended”. Appropriate correction is required.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2022-026090, filed on 22 February 2022.
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 1-14 is/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 lines 7-8 recite “at one end on a side where the first block body”. For examining purposes, “at one end on a side where the first block body” is read as “at one end of the first block body”.
Claim 1 lines 11-12 recite “from the one end to the other end on a side where the second block body is present”. For examining purposes, “arrangement from the one end to the other end on a side where the second block body is present” is read as “from the one end of the first block body to one end of the second block body
Similarly, claims 7 and 12 recite “at one end, with the first body… at the other end, with the second block body” is read as “at the one endof the first body… at the one end
Claim 4 lines 5-6 recite “a vibration generation section sandwiched between the first block body and the first block body”. For examining purposes, “a vibration generation section sandwiched between the first block body and the first block body” is read as “a vibration generation section sandwiched between the first block body and the second block body”.
Claims 2-3 and 5-9 are rejected under 35 U.S.C. 112(b) or 35 112 (pre-AIA ) for being dependent upon claim 1.
Claims 10-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ) for being dependent upon claim 4.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-8 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagareda (EP-3689478-A1) in view of Thurn (US 5,659,220).
Regarding Claim 1, Nagareda (EP-3689478-A1) discloses an ultrasonic projection device for projecting ultrasonic waves (11; Para. 0025-0028; Fig. 1), comprising:
a first block body (21);
a second block body (22); and
a vibration generation section sandwiched between the first block body and the second block body (Vibration section 31 between 21 and 22; Para. 0028),
wherein a vibration area is provided at one end of the first block body is present as viewed in a direction of arrangement of the first block body, the second block body, and the vibration generation section (Vibration area at one end side 26 of first block body 21 is viewed in direction of arrangement along C1 in Fig. 1),
wherein a dimension in the direction of arrangement from the one end of the first block body to one end of the second block body is present approximately coincides with half of the wavelength of vibration generated by the vibration generation section (Total length dimension L1in direction of arrangement C1 from one end 26 of first block body 21 to end A of second block 22 in Examiner Annotated Nagareda Fig. 1 is λ/2(half of wavelength) of resonance frequency; Para. 0034).
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Examiner Annotated Nagareda Fig. 1
Nagareda fails to explicitly disclose the vibration area (26) is a vibration plate and wherein a connection portion is provided between the vibration plate and a base portion which supports the vibration plate, the connection portion having a groove with a smooth inner wall surface which connects the vibration plate and the base portion.
However, Thurn (US 5,659,220) teaches the vibration surface as a vibration plate and wherein a connection portion is provided between the vibration plate and a base portion which supports the vibration plate, the connection portion having a groove with a smooth inner wall surface which connects the vibration plate and the base portion (Examiner Annotated Thurn Fig. 1: Plate 3 and connection portion 4 provided between plate 3 and base portion B, 4 described being a polygon/rounded groove; Col. 3, Lines 1-60. A polygon/rounded groove being smooth). Thurn and Nagareda are in similar fields comprising piezoceramic vibrating devices. Modifying Nagareda with teachings of Thurn would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the vibration surface is a vibration plate and wherein a connection portion is provided between the vibration plate and a base portion which supports the vibration plate, the connection portion having a groove with a smooth inner wall surface which connects the vibration plate and the base portion for the purpose of improving radiation and oscillation characteristics (Thurn; Col. 1, Lines 10-30).
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Examiner Annotated Thurn Fig. 1
Regarding Claim 2, Nagareda as modified by Thurn discloses the ultrasonic projection device according to claim 1, wherein a forward end member having the vibration plate, the connection portion, and the base portion is provided from the first block body (Thurn: Forward member 2 having vibrating plate 3, connection portion 4, and base portion B provided separately from Nagareda’s first block body 21), and the forward end member is fixed to the first block body (Follows from Nagareda modified by Thurn).
Nagareda as modified by Thurn fails to explicitly disclose wherein a forward end member having the vibration plate, the connection portion, and the base portion is provided separately from the first block body. However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the purpose of varying the dimension’s wavelength, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding Claim 3, Nagareda as modified by Thurn discloses the ultrasonic projection device according to claim 1, wherein the first block body has the vibration plate, the connection portion, and the base portion Thurn: Forward member 2 having vibrating plate 3, connection portion 4, and base portion B provided separately from Nagareda’s first block body 21).
Regarding Claim 4, Nagareda (EP-3689478-A1) discloses an ultrasonic projection device for projecting ultrasonic waves (11; Para. 0025-0028; Fig. 1), comprising:
a first block body (21);
a second block body (22); and
a vibration generation section sandwiched between the first block body and the first (read as second) block body (Vibration section 31 between 21 and 22; Para. 0028),
wherein the first block body (21) includes:
a vibration area provided on a side opposite the vibration generation section in a direction of arrangement of the first block body, the second block body, and the vibration generation section (Vibration area at one end side 26 where first block body 21 is viewed in direction of arrangement along C1 in Fig. 1),
a base portion abutted against the vibration generation section, and
a connection portion provided between the vibration plate and the base portion and having a groove with a smooth inner wall surface which connects the vibration plate and the base portion.
Nagareda fails to explicitly disclose the vibration area (26) is a vibration plate, a base portion abutted against the vibration generation section, and a connection portion provided between the vibration plate and the base portion and having a groove with a smooth inner wall surface which connects the vibration plate and the base portion.
However, Thurn (US 5,659,220) teaches disclose the vibration area is a vibration plate, a base portion abutted against the vibration generation section, and a connection portion provided between the vibration plate and the base portion and having a groove with a smooth inner wall surface which connects the vibration plate and the base portion (Examiner Annotated Thurn Fig. 1: Plate 3, base portion B abutted against vibration generating section 1, connecting portion 4 between plate 3 and base B having a polygon/rounded groove connecting plate 3 and base B; Col. 3, Lines 1-60. A polygon/rounded groove being smooth). Thurn and Nagareda are in similar fields comprising piezoelectric vibrating devices. Modifying Nagareda with teachings of Thurn would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein disclose the vibration area is a vibration plate, a base portion abutted against the vibration generation section, and a connection portion provided between the vibration plate and the base portion and having a groove with a smooth inner wall surface which connects the vibration plate and the base portion for the purpose of tuning to the desired frequency and improving radiation and oscillation characteristics (Thurn; Col. 1, Lines 10-30; Col. 4, Lines 1-7).
Regarding Claim 5, Nagareda as modified by Thurn discloses the ultrasonic projection device according claim 1, wherein the groove is annularly formed around a center axis extending in the direction of arrangement, and a sectional shape of the groove on a plane containing the center axis is a semielliptical shape which is concave inward from an outer side in a radial direction with respect to the center axis (In structure of Thurn’s groove 4 described as round and recessed from circumferential surface; Col. 3, Lines 55-67. Notch/groove projected inward of lateral surface of cylinder; Col. 2, Lines 1-20).
Regarding Claim 6, Nagareda as modified by Thurn discloses the ultrasonic projection device according to claim 5. Nagareda as modified by Thurn fails to explicitly disclose wherein the semi-elliptical shape has a minor axis parallel to the center axis and a major axis parallel to the radial direction. However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the purpose of optimizing geometry of the groove’s shape for optimum form of oscillation (Col. 3, Lines 60-67; Col. 4, Lines 1-10).
Regarding Claim 7, Nagareda as modified by Thurn discloses the ultrasonic projection device according to claim 1, further comprising a bolt which is engaged, with the first block body and threadedly engaged, at the one end(Bolt 25 connects first block 21 and threads to end A of second block 22’s in Examiner Annotated Nagareda Fig. 1; Para. 0028; Fig. 2-3),
wherein the bolt has a center of gravity at a position which is closer to the second block body than to the first block body in the direction of arrangement (In Fig. 3: Follows since bolt 25 passes entirely through second block 22 but not entirely through 21).
Nagareda as modified by Thurn fails to explicitly disclose the bolt which is threadedly engaged, at one end, with the first block body. However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein for the purpose of being “Obvious to try" – choosing from a finite number of identified, predictable solutions of threadedly engaging both extreme ends of the block bodies, with a reasonable expectation of success.
Regarding Claim 8, Nagareda as modified by Thurn discloses the ultrasonic projection device according to claim 1, wherein the first block body is formed of a material whose specific gravity is smaller than that of the second block body (First block 21 specific gravity 2.5-3.5 is smaller than specific gravity 7.0-9.0 than that of second block 22; Para. 0029; Fig. 1).
Regarding claim 10, please note the rejection as set forth above with respect to claim 5. Claim 10 is rejected for similar reasons as claim 5; detailed discussion is omitted for brevity.
Regarding claim 11, please note the rejection as set forth above with respect to claim 6. Claim 11 is rejected for similar reasons as claim 6; detailed discussion is omitted for brevity.
Regarding claim 12, please note the rejection as set forth above with respect to claim 7. Claim 12 is rejected for similar reasons as claim 7; detailed discussion is omitted for brevity.
Regarding claim 13, please note the rejection as set forth above with respect to claim 8. Claim 13 is rejected for similar reasons as claim 8; detailed discussion is omitted for brevity.
Claim(s) 9 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagareda (EP-3689478-A1) in view of Thurn (US 5,659,220) and Toda (US 2017/0274420 A1).
Regarding Claim 9, Nagareda as modified by Thurn discloses the ultrasonic projection device according claim 1, wherein a boundary between the first block body and the vibration generation section is located at a position in the direction of arrangement (Examiner Annotated Nagareda Fig. 1: Boundary B between first block 21 and vibration section 31 in direction C1). Nagareda as modified by Thurn fails to explicitly disclose wherein the boundary corresponds to a node of vibration generated by the vibration generation section.
However, Toda (US 2017/0274420 A1) teaches wherein a boundary between the first block body and the vibration generation section is located at a position in the direction of arrangement which corresponds to a node of vibration generated by the vibration generation section (Toda: Boundary N between block 1 and vibration section 2/3 is a node; Para. 0024; Fig. 2). Toda, Thurn, and Nagareda are in similar fields comprising piezoelectric vibrating devices. Modifying Nagareda as modified by Thurn with teachings of Toda would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein a boundary between the first block body and the vibration generation section is located at a position in the direction of arrangement which corresponds to a node of vibration generated by the vibration generation section for the purpose of optimizing the location of the vibration generation section based on its mechanical quality factor and amount of generated heat (Toda: Para. 0079).
Regarding claim 14, please note the rejection as set forth above with respect to claim 9. Claim 14 is rejected for similar reasons as claim 9; detailed discussion is omitted for brevity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER B OLSON whose telephone number is (571)272-3041. The examiner can normally be reached Monday - Friday, 8:00am -4:00pm.
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/JENNIFER B OLSON/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837