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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 2/4/26 is acknowledged. The traversal is on the ground(s) that there is no search burden. This is not found persuasive because the search did not encompass production techniques including molding.
The requirement is still deemed proper and is therefore made FINAL.
Claim Interpretation
Claim 1 recites “wherein the wiring pattern is formed by three-dimensional plating. This is a product by process limitation. Such a limitation is limiting, in an apparatus claim, only insofar as it limits the structure of the apparatus.
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 4 and 10 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 4 recites “the outer surface of the body.” There is insufficient antecedent basis for this limitation in the claim. Nor is it necessarily an inherent feature, as the body may have more than one outer surface.
Claim 10 recites the body “is formed using” a material. This is ambiguous as it is not clear whether this requires the body comprise the claimed material, or merely that the material be used somehow in the manufacturing process. However, for the purposes of examination, it is being treated as if the body were comprising said material.
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) 1-7, 9, 11-17 is/are rejected under 35 USC 103 as being unpatentable over Mumaw et al. [US 2012/0116261 A1, hereinafter “Mumaw”] in view of Naitoh [US 5626483 A].
Re. claim 1, Mumaw discloses an ultrasonic transducer [Fig. 19] comprising:
a plurality of piezoelectric elements [1310] arrayed along a longitudinal direction [left-right in Fig. 19];
PNG
media_image1.png
454
651
media_image1.png
Greyscale
a contact receiver [1350, 1370, 1352, 1356, 1322] fitted to the housing [Par. 0119], the contact receiver configured to transmit an electric signal to the plurality of piezoelectric elements [Par. 0119], wherein the contact receiver includes:
a body [1350 and 1370], wherein the body is electrically insulating [Par. 0117]; and a wiring pattern [1322] electrically connected to a lead [1382] [Par. 0119].
Mumaw fails to explicitly disclose the housing storing the piezoelectric elements, and the wiring pattern being formed by three-dimensional plating.
Regarding the housing: in another embodiment, Mumaw discloses a housing [250, Fig. 2] configured to store the plurality of piezoelectric elements. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the embodiment of Fig. 19 by adding a housing as taught by Fig. 18 because this is a conventional part of a handheld transducer, allowing a user to hold and operate the device. Regarding the lead being provided on the housing, this would have been obvious given the above modifications to allow the elements to connect to a power source.
Regarding the limitation “wherein the wiring pattern is formed by three-dimensional plating:” Mumaw discloses a conductive pattern formed by Molded Interconnect Device (MID) technology [Par. 0117], but does not disclose the method of forming the wiring pattern. However, Naitoh discloses a wiring pattern formed by 3-D plating [Col. 2 lines 14-16]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Mumaw by forming the wiring pattern by 3-D plating as taught by Naitoh because this results in a lower manufacturing cost (e.g., compared to MID) [Naitoh Col. 1 line 65-Col. 1 line 9].
Re. claim 11, Mumaw in view of Naitoh discloses the ultrasonic transducer as set forth with respect to claim 1 above. Mumaw further discloses the transducer being present in ultrasonic treatment tool [10, Fig. 1] comprising the ultrasonic transducer and a hand piece [60].
Re. claims 2 and 12, Mumaw further discloses the body includes:
a first portion [1350] having a tubular shape; and
a second portion [1370] configured to cover at least a part of an outer surface of the first portion [Fig. 19], wherein the wiring pattern is provided between the first portion and the second portion [Fig. 19].
Re. claims 3 and 13, Mumaw further discloses an electrically conducting contact portion [1352, 1356] has a ring shape [Par. 0117], and wherein the electrically conducting contact portion is connected to the wiring pattern on an outer surface of the body [outer surface of 1350, Fig .19].
Re. claims 4 and 14, Mumaw discloses an electrically conducting contact portion is formed integrally with the wiring pattern [Par. 0118], and wherein the electrically conducting contact portion is provided on the outer surface of the body [of 1350, Fig. 19].
Re. claims 5 and 15, Mumaw discloses the body has a tubular shape [body portion 1370 is shown as tubular], and wherein the wiring pattern is provided on an inner circumferential surface of the body [on the inner circumferential surface of 1370, Fig. 19].
Re. claims 6 and 16, Mumaw discloses the limitations as set forth with respect to claims 3 and 4 above.
Re. claims 7 and 17, Mumaw discloses the limitations as set forth with respect to claim 4 above
Re. claim 9, Mumaw discloses the housing is provided with an ultrasound transducer [1312 and 1314] configured to transmit ultrasonic vibrations from a proximal end side in the longitudinal direction to a distal end side [Pars. 0115, 0057].
Claim(s) 8 is/are rejected under 35 USC 103 as being unpatentable over Mumaw et al. [US 2012/0116261 A1, hereinafter “Mumaw”] in view of Naitoh as applied to claim 1 and further in view of Takinishi [US 4175338 A].
Re. claim 8, the modified Mumaw fails to disclose a through-hole penetrating in a direction orthogonal to the longitudinal direction. However, Takinishi discloses, in a contact device with a wiring pattern for a medical device, a through-hole [11a/b] penetrating in a direction orthogonal to the longitudinal direction [the direction of wires], wherein the through-hole is formed in a first end of the wiring pattern [Fig. 5], and wherein the first end is on a first side opposite to a second side on which the wiring pattern is connected to the lead [Fig. 5, leads 15]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Mumaw by adding a through-hole to a first end of the wiring pattern, as taught by Takinishi, because this is a “preferable” method to provide a wiring pattern [Col. 3 lines 12-15].
Claim(s) 10 is/are rejected under 35 USC 103 as being unpatentable over Mumaw et al. [US 2012/0116261 A1, hereinafter “Mumaw”] in view of Naitoh as applied to claim 1 and further in view of Sanai [US 20130218185 A1].
Re. claim 10, as best understood, the modified Mumaw fails to disclose the body being formed of a super engineering plastic. the body is formed using super engineering plastic. However, Sanai teaches, in an ultrasonic treatment device, for several internal tube members, PEEK is used [Pars. 0065 and 0069. PEEK is one of the materials indicated as a super engineering plastic in Applicant’s disclosure Par. 0051]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of the modified Mumaw by forming the body of a super engineering plastic as taught by Sanai because this material “[has] high strength and high heat resistance properties, and its resistance properties with respect to ultrasonic vibration are enhanced” [Sanai Par. 0065].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MCGRATH whose telephone number is (571)270-0674. The examiner can normally be reached M-F 9 am to 5 pm ET.
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, JACKIE HO can be reached at (571) 272-4696. 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.
/ERIN MCGRATH/Primary Examiner, Art Unit 3771