DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed 08/23/2024 is being examined under the first inventor to file provision of the AIA
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 27-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,070,773 in view of Lu et al. (“High Frequency Piezoelectric Micromachined Ultrasonic Transducer Array For Intravascular Ultrasound Imaging,” IEEE 27th International Conference on Micro Electro Mechanical Systems (MEMS), pp 745-748, January 26th-30th, 2014),
In the instant case, Claim 1 of U.S. Patent No. 12,070,773 disclose An ultrasonic transducer device, comprising:
a patterned film stack disposed on first regions of a substrate, the patterned film stack comprising a metal electrode layer and a bottom cavity layer formed on the metal electrode layer;
a planarized insulation layer disposed on second regions of the substrate layer;
a cavity formed in a membrane support layer and a CMP stop layer, the CMP stop layer comprising a top layer of the patterned film stack and the membrane support layer formed over the patterned film stack and the planarized insulation layer; and
a membrane bonded to the membrane support layer, wherein the CMP stop layer underlies portions of the membrane support layer but not the cavity; which is actually the same limitations of Claim 27 of the instant application.
Claim 1 of U.S. Patent No. 12,070,773 does not disclose the ultrasound imaging device includes a plurality of micromachined ultrasonic transducers (MUTs) arranged into an array pattern.
However, in the same field of endeavor, Lu et al. disclose piezoelectric micromachined ultrasonic transducers (PMUTs) operating at 18.6 MHz for intravascular ultrasound (IVUS) imaging and other medical imaging applications. At 1061 transducers/mm2, the PMUT array has a 10-20× higher density than the best PMUT arrays realized to date. The PMUTs utilize a piezoelectric material, AlN, which is compatible with CMOS processes. Measurements show a large voltage response of 2.5 nm/V and good frequency matching in air, a high center frequency of 18.6 MHz and wide bandwidth of 4.9 MHz when immersed in fluid. Phased array simulations based on measured PMUT parameters show a tightly focused, high output pressure acoustic beam.
Therefore, it would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the instant application to have the ultrasound imaging device of the instant application to include a plurality of micromachined ultrasonic transducers (MUTs) arranged into an array pattern in view of Lu et al. disclosure in order to achieve phased array operation as disclosed by Lu et al..
Claims 28-36 use the same claimed limitation of Claims 2-10 of U.S. Patent No. 12,070,773. Hence are obvious.
This is a provisional nonstatutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In the instant case, Haque et al. (US 2018/0154394) disclose an imaging device includes a two-dimensional array of piezoelectric elements. Each piezoelectric element includes: a piezoelectric layer; a bottom electrode disposed on a bottom side of the piezoelectric layer and configured to receive a transmit signal during a transmit mode and develop an electrical charge during a receive mode; and a first top electrode disposed on a top side of the piezoelectric layer; and a first conductor, wherein the first top electrodes of a portion of the piezoelectric elements in a first column of the two dimensional array are electrically coupled to the first conductor..
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/YASSER A ABDELAZIEZ, PhD/Primary Examiner, Art Unit 2898
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