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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/3/26 has been entered.
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 9, 14, and 15 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.
In claims 9, 14, and 15, it is unclear how there are more than one focused depth when independent claim 1 is now limited to “one focused depth”.
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.
Claims 1, 6-12, 15-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al (US Pub 2012/0143100 -cited by applicant) in view of Quigley et al (WO 2008144274 -cited by applicant).
Re claims 1, 19: Li discloses an ultrasonic treatment device with a large focused area, comprising:
a housing (Figure 7; see the housing); and
an ultrasonic transducer installed inside the housing, wherein ultrasonic waves emitted by the ultrasonic transducer are configured to form a plurality of focused area units at one or more focused depths in a focused area, and each of the focused area units comprises one or more of a focused point, a focused line, a focused plane or a focused volume (Figure 7, 0028, 0032; see the dual-focus transducer and its emitting surface wherein multiple “focal zones” are focused area units at one or more depths, each unit comprising a point, line, plane, or volume as the units have overlapping or consecutive depths of focus);
wherein the units are disposed in a rectangular array, a circular array, an elliptical array or a circular array (Figure 2; see the circular or annular arrays);
each of the focused point, the focused line and the focused volume has a corresponding heat diffusion zone (0034; see the temperature/thermal distribution of the treatment);
central temperatures of the plurality of focused area units are the same, and the central temperature of each focused area unit is in an area from 48-80 degrees C (Figure 13; 0045, 0046; see the temperature distribution, wherein each focus point area has a temperature that is the same; see Fig 13 showing a central area at around 26mm with a temperature of around 60-65 degrees and a central area at around 20mm that also contains an area of around 65 degrees),
wherein the focused depth is any one from multiple focused depths (see figure 7).
Jeong discloses all features including that units are focused at depths along an axis, but do not disclose that the plurality of focus units are formed at one focused depth extending in a horizontal direction. However, Quigley teaches of a focused ultrasound transducer that focuses units at one focused depth in a horizontal direction (figure 2, abstract; see the focus units 100 in a horizontal directional). It would have been obvious to the skilled artisan to modify Jeong, to focus plural units at one depth as taught by Quigley, in order to improve delivery of ultrasound for treatment of cosmetic and esthetic therapy.
Re claim 6: Jeong discloses shapes of the plurality of focused areas are the same, and each focused area is in a rectangular shape, a circular shape, an elliptical shape or an annular shape (Figures 2, 14; 0028, 0029; the focusing area is configured as a circular, elliptical, or annular shape).
Re claim 7: Jeong discloses shapes of the plurality of focused area units are different, and each focused area is in a rectangular shape, a circular shape, an elliptical shape or an annular shape (0028, 0029; the annular/circular shapes are different as they are based on different elements).
Re claim 8: Jeong discloses the ultrasonic transducer comprises a concave-shaped emitting surface for focusing an ultrasonic wave beam, and the concave-shaped emitting surface comprises a plurality of emitting surface units disposed in an interval array (Figure 9; see the concave emitting surface); the plurality of emitting surface units are disposed in a concave array, and the plurality of emitting surface units have different curvature radius (0028; see the concave array and the different curvature radi).
Re claim 9: Jeong discloses the ultrasonic transducer comprises a plurality of sub-transducer arrays, and the plurality of sub-transducers comprise a plurality of different focused depths, and are configured to form a plurality of focused area units at at least two focused depths (0028; see the different depths of the focal volume that contains focal points and see that different sections of inner and outer elements that correspond to sub-arrays).
Re claim 10: Jeong discloses the treatment transducer including a central transducer and at least one sub-transducer, and the sub-transducer is provided adjacent to the central transducer and is provided outside the central transducer; the central transducer is a spherical transducer, and the sub-transducer is an annular transducer [0032; see the concentric central disc and the annular elements].
Re claim 11: Jeong discloses the focused ultrasound device wherein a plurality of sub-transducers comprise a plurality of tile-shaped transducers disposed in an array; the plurality of tile-shaped transducers are configured to form a plurality of focused area units the same focused depth, and the focused area units comprise focused lines (0038; see the plurality of elements that may be rectangular in shape thereby corresponding to tile-shaped transducers that form the focused area units).
Re claim 12: Jeong discloses the plurality of focused area units are disposed at equal intervals, and/or a distance between two adjacent focused areas are in an area from 0.1 mm to 2 mm (0038, Table 1; see the mm range of offsets such that adjacent areas can be configured to have offsets in an area from 0.1 to 2 mm).
Re claim 15: Jeong discloses the ultrasonic transducer comprises a concave-shaped emitting surface; the concave-shaped emitting surface comprises a plurality of curve-shaped surfaces with different curvature radius, and the ultrasound wave is configured to form a three-dimensional focused area at at least two focused depths of human subcutaneous tissue through the emitting surface (0028, Figure 14; see the concave surface and the curvatures that are different to form the 3D focal area).
Re claim 16: Jeong discloses a depth area of the focused area at least reaches a dermis layer of human subcutaneous tissue (Figure 14; see that the depth reaches the dermis).
Re claim 17: Jeong discloses the ultrasonic waves emitted by the ultrasonic transducer are configured to form a plurality of focused area units at the same focused depth in the focused area that is shaped as the focused plane (Figure; wherein the area units are planes that are regions at the same depth, as the region is not a structure feature).
Claims 13, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong/Quigley, as applied to claim 1, in view of Hall et al (US Pub 2010/0185126 -cited by applicant).
Re claims 13, 14: Jeong/Quigley disclose all features except that the ultrasonic transducer comprises a treatment tip and a plane-shaped emitting surface and a concave- and curve-shaped acoustic lens on the emitting surface for focusing an ultrasonic wave beam; the acoustic lens comprises small lenses with different curvature radius, and the small lenses are independent with each other such that an ultrasound wave is refracted from the curve-shaped acoustic lens at at least two focused depths of human subcutaneous tissue to form a three-dimensional focused area. However, Hall teaches plane-shaped emitting surface and a concave-shaped acoustic lens for focusing an ultrasonic wave beam; the acoustic lens comprises small lenses with different curvature radius, and the small lenses are independent with each other (Figure 7; 0056; see the separate lenses S1-S6 with plane-shaped emitting surfaces and which are adjustable independently for the focused depths). It would have been obvious to the skilled artisan to modify Jeong/Quigley, to incorporate the lenses as taught by Hall, in order to allow for a more detailed control of the focus pattern [see 0060 of Hall].
Re claim 18: Jeong/Quigley disclose all features except an ultrasonic treatment tip provided with a treatment window, a liquid ultrasound-conducting medium is provided in the housing, and the ultrasonic treatment device further comprises an ultrasound-transmitting membrane, and the ultrasound-transmitting membrane is provided at the treatment window to seal the treatment window and form an accommodating cavity for accommodating the liquid ultrasound-conducting medium. However, Hall teaches of a tip provided with a treatment window, a liquid ultrasound-conducting medium is provided in the housing, and the ultrasonic treatment device further comprises an ultrasound-transmitting membrane, and the ultrasound-transmitting membrane is provided at the treatment window to seal the treatment window and form an accommodating cavity for accommodating the liquid ultrasound-conducting medium (Figure 7; 0055; see the fluid focus lenses with fluid filled cavity covered with a membrane). It would have been obvious to the skilled artisan to modify Jeong, to incorporate the lenses as taught by Hall, in order to allow for a more detailed control of the focus pattern [see 0060 of Hall].
Response to Arguments
Applicant’s arguments with respect to claims 1 and 6-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/MICHAEL T ROZANSKI/Primary Examiner, Art Unit 3797