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 .
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 1-26 are rejected under 35 U.S.C. 103 as being unpatentable over Nakai (2020/0206393).
With respect to claim 1, Nakai teaches a composition for an acoustic lens (see title, [0050]), comprising the following components (a) to (c): (a) a linear polysiloxane having a vinyl group ([0020], [0070]); (b) a linear polysiloxane having two or more Si-H groups in a molecular chain ([0021], [0071]); and (c) surface-treated silica particles ([0023], [0073] – referred to as ingredient #D in Nakai), wherein, in a particle diameter distribution of the component (c) obtained by a scanning transmission electron microscope, it is obvious that one or more maximal peaks are detected in a range in which a peak top is 16 nm or more and less than 100 nm, and one or more maximal peaks are detected in a range in which a peak top is 8 nm or more and less than 16 nm ([0023], [0149]-[0151]). It is noted that the average primary particle diameter of Nakai is more than 16 nm and less than 100nm, and in a scenario where the average particle diameter is close to 16 nm, such as 16.1 nm or even 17nm, for example, it is obvious that there will be particles within the group that are both slightly less than 16nm and slightly more than 16 nm within cumulative distribution as discussed in [0151]. Because the maximal peak of a given particle is determined by its diameter, one of ordinary skill would recognize that an average particle diameter close to the “more than 16nm” average will yield at least one particle with a maximal peak in a range in which a peak top is 16 nm or more and less than 100 nm, and at least one particle with a maximal peak are detected in a range in which a peak top is 8 nm or more and less than 16 nm.
Further, regarding the maximal peak size ranges, it is noted that since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Still further, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
With respect to claim 2, Nakai teaches wherein a shape of the component (c) (defined by ingredient #D) is a true sphere shape ([0034]).
With respect to claim 3, Nakai teaches wherein a content of the component (c) (defined by ingredient #D) is 25 to 70 parts by mass in 100 parts by mass of a total content of the components (a) to (c) ([0024], [0073]).
With respect to claim 4, Nakai teaches wherein a content of the component (a) is 25 to 70 parts by mass and a content of the component (b) is 0.3 to 3 parts by mass, in 100 parts by mass of a total content of the components (a) to (c) ([0026], [0076]).
With respect to claim 5, Nakai teaches further comprising: (d) a polysiloxane resin (defined by ingredient #C – [0022], [0072]).
With respect to claim 6, Nakai teaches wherein a content of the component (d) defined by ingredient #C) is 5 to 20 parts by mass in 100 parts by mass of a total content of the components (a) to (d) ([0026], [0076]).
With respect to claim 7, Nakai teaches wherein a content of the component (c) (defined by ingredient #D) is 25 to 70 parts by mass in 100 parts by mass of a total content of the components (a) to (d) ([0024], [0073]).
With respect to claim 8, Nakai teaches wherein a content of the component (a) is 20 to 65 parts by mass and a content of the component (b) is 0.3 to 3 parts by mass, in 100 parts by mass of a total content of the components (a) to (d) ([0026], [0076]).
With respect to claim 9, Nakai teaches wherein the surface treatment of the component (c) (defined by ingredient #D) is a surface treatment with a silane compound ([0028]).
With respect to claim 10, Nakai teaches the composition of claim 1. Nakai further teaches wherein the surface treatment of the component (c) (defined by ingredient #D) is a surface treatment with a silane compound ([0028]).
Nakai fails to teach wherein the silane compound is an aromatic silane compound.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to wherein the surface treatment of the component (c) is a surface treatment with a silane compound, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In this case, it would have been well known and obvious one or ordinary skill so to use an aromatic silane compound.
With respect to claim 11, Nakai teaches wherein a methanol hydrophobicity degree of the component (c) (defined by ingredient #D) is 40% to 80% by mass ([0032], [0172]).
With respect to claim 12, Nakai teaches wherein the component (a) has a phenyl group([0036], [0087]-[088]).
With respect to claim 13, Nakai teaches wherein a weight-average molecular weight of the component (a) is 20,000 to 200,000 ([0038], [0091]).
With respect to claim 14, Nakai teaches wherein a weight-average molecular weight of the component (a) is 40,000 to 150,000 ([0040], [0091]).
With respect to claim 15, Nakai teaches wherein the component (d) (defined by ingredient #C) is a polysiloxane resin which includes an R3SiO1/2 unit and an SiO4/2 unit and has at least two vinyl groups in one molecule, and a molar ratio of the R3SiO1/2 unit to the SiO4/2 unit is 0.6 to 1.2, provided that R represents a monovalent hydrocarbon group ([0134]; page 17, claim 11).
With respect to claim 16, Nakai teaches wherein the component (d) (defined by ingredient #C) consists of the R3SiO1/2 unit and the SiO4/2 unit ([0042]).
With respect to claim 17, Nakai teaches further comprising: at least one of platinum or a platinum compound in an amount of 0.00001 to 0.01 parts by mass with respect to 100 parts by mass of a total content of the components (a) to (c) ([0048]).
With respect to claim 18, Nakai teaches further comprising: at least one of platinum or a platinum compound in an amount of 0.00001 to 0.01 parts by mass with respect to 100 parts by mass of a total content of the components (a) to (d) ([0048]).
With respect to claim 19, Nakai teaches an acoustic lens obtained by curing the composition for an acoustic lens according to claim 1 ([0014]-[0015]).
With respect to claim 20, Nakai teaches an acoustic wave probe comprising: the acoustic lens according to claim 19([0014]-[0016]).
With respect to claim 21, Nakai teaches an ultrasound probe comprising: the acoustic lens according to claim 19 ([0014]-[0016]).
With respect to claim 22, Nakai teaches an acoustic wave measurement apparatus comprising: the acoustic wave probe according to claim 20 ([0014]-[0016]).
With respect to claim 23, Nakai teaches an ultrasound diagnostic apparatus comprising: the acoustic wave probe according to claim 20 ([0014]-[0016]).
With respect to claim 24, Nakai teaches a photoacoustic wave measurement apparatus comprising: the acoustic lens according to claim 19 ([0014]-[0016]).
With respect to claim 25, Nakai teaches an ultrasonic endoscope comprising: the acoustic lens according to claim 19 ([0014]-[0016]).
With respect to claim 26, Nakai teaches a method for manufacturing an acoustic wave probe, comprising: forming an acoustic lens using the composition for an acoustic lens according to claim 1 ([0014]-[0016]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837