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 .
Response to Amendment
Applicant's submission filed on 12/11/2025 has been entered. Accordingly, claims 1-2, 4, 6, 11-15, and 16 remain pending, claims 1-2, 4, 6, 11-15, and 16 have been amended, and claims 3, 5, 7-10,15, an5 17-20 are canceled.
Response to Arguments
Drawing Objections
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
It is noted that some of the amendments to the drawings and to the specification have remedied some of the previous drawing objectives, applicant has not addressed all of the outstanding drawing objections.
Specifically, the features of the claims of Therefore the plurality of active elements are sequentially activated in a clockwise direction, with respect to a longitudinal axis of the ultrasound transducer; with respect to a longitudinal axis of the ultrasound transducer; he circuit is configured to sequentially transmit a signal to one or more select active elements of the plurality of active elements in a clockwise direction or a counterclockwise direction, with respect to a longitudinal axis of the ultrasound transducer; inject one or more contrast agents within a field of the ultrasound energy emitted from the ultrasound transducer – are not shown in the drawings and remain objected.
Additionally, applicant has not addressed the objection regarding figures which appear to show color drawings, other than FIG. 7, which applicant has amended to be shown as a illustration rather than a photograph. Therefore, the specific objection of FIG. 7 for showing a colored drawings has been rendered moot and has been withdrawn.
However, applicant has not amended nor remarked or provided arguments regarding the other drawings of FIGS. 6A-6B, 9A-9D which are objected to because it appears, although it is unclear, that these drawings illustrate color mapping and/or color photographs or images.
However, color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Accordingly, color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Light of applicant’s amendments filed 12/11/2025 the previous objections to claims 2-10 and 12-20 have been rendered moot and are withdrawn.
Rejections under 35 USC 112
Light of applicant’s amendments filed 12/11/2025 canceling claims 3, 5, 7-10, 15, and 17-20, these previous rejections have been rendered moot and are withdrawn. Applicants amendments to claims 1 and 11 have rendered the previous rejections of these claims and their dependents moot and have been withdrawn. However, applicant’s newly filed claim amendments introduce new clarity issues under 112(b) have been correspondingly rejected below. Also see below the 112(b) rejection for a suggested claim amendments to overcome the 112(b) rejections.
Rejections under 35 USC 102/103
Applicant’s arguments, see pages 10-14, filed 12/11/2025, with respect to claim 1 have been fully considered and are persuasive. The rejections of claims 1-2, 4, 6, 11-15, and 16 have been withdrawn. However, a notice of allowance could not be issued due to new issues rejected under 35 USC 112(b) and formal matters outstanding regarding the drawing objections. Please see as remarked above and as outlined below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore the plurality of active elements are sequentially activated in a clockwise direction, with respect to a longitudinal axis of the ultrasound transducer; with respect to a longitudinal axis of the ultrasound transducer; he circuit is configured to sequentially transmit a signal to one or more select active elements of the plurality of active elements in a clockwise direction or a counterclockwise direction, with respect to a longitudinal axis of the ultrasound transducer; inject one or more contrast agents within a field of the ultrasound energy emitted from the ultrasound transducer – must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because it appears, although it is unclear, that FIGS. 6A-6B, 9A-9D illustrate color mapping and/or color photographs or images.
However, color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-2, 4, 6, 11-14, and 16 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 recites the limitation "the heights of adjacent stacks" in line 9. There is insufficient antecedent basis for this limitation in the claim. The claim does not prior recite heights of adjacent stacks.
Further, claim 1 has been amended recite “the stacks of active elements each having a height that is different from the heights of adjacent stacks of the active elements” and “a circuit for exciting the stacks of active elements with a common input waveform and, responsive to the common input waveform, the stacks collectively producing an acoustic signal having a spiral pattern in acoustic phase” in lines 8-12, which renders the claim indefinite because it is unclear if the stacks of active elements each having a height that is different… is meant to refer to the earlier recited plurality of stacks of active elements, making it unclear if the “height” that is “different” from “heights” of adjacent stacks is meant to refer the “height” of an individual active element or all of the active elements in a singular stack of the plurality of stacks. It is also unclear when reciting “a circuit for exciting…” if the exciting by the circuit is required by the claim or intended use and if the circuit has been specifically configured for performing the “exciting” function.
Claims 2, 4, 6, 11-12, 14, and 16 are also rejected for reciting the same and/or limitations outlined above.
All dependent claims are also rejected by the nature of their dependency.
Applicant may overcome the rejection by amending the limitations of the claim under investigation to recite:
“the plurality of stacks of active elements are arranged as a plurality of adjacent stack of the active elements resulting in each stack of active elements of the plurality of stacks of active elements being arranged adjacent to another stack of active elements of the plurality stacks of active elements, wherein a height of each stack of active elements of the plurality of stacks of active elements each heighteach stack of active elemenets of the plurality of adjacent stacks
a circuit configured to exciteplurality of stacks of active elements with a common input waveform and, wherein responsive to the common input waveform, the plurality of stacks of active elements collectively producing ultrasound energy including an acoustic signal having a spiral pattern in an acoustic phase”.
Applicant is also advised to amend each dependent claim to provide proper antecedent basis from the above suggested amendments.
Allowable Subject Matter
Claims 1-2, 4, 6, 11-14, and 16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Please see the above provided suggested amendment to overcome the rejections of the independent and dependent claims.
Regarding claims 1 and 11, primary reference Yeh, secondary reference Liu, nor tertiary reference Keidar, individually or in combination, do not disclose or reasonably suggest all of the corresponding elements and the remaining limitations as claimed, in combination and taken together as a whole. Thus, for at least the foregoing reasons, the Office finds no reason to reject the claims herein. Specifically, while primary reference Yeh discloses an ultrasonic transducer of a probe that transmits the vortex acoustic field in a radial direction (see [0022]-[0028, FIGS. 1, 3-4) and that the wavefront of the vortex as being helical (see [0044), but is silent on the array elements of the ultrasonic transducer being stacks of active elements where each stack of active elements having different heights that are different from one another of each other stack in the plurality of stacks of active elements and the circuit for exciting the stacks of active elements with a common input waveform and, responsive to the common input waveform, the stacks collectively producing an acoustic signal having a spiral pattern in acoustic phase; secondary reference Liu discloses the ultrasonic wave generating components are distributed along the axial direction in the circumferential direction (see claim 3), but the transducer is a single crystal ultrasonic transducer (see claim 2) and is silent on the
circuit for exciting the stacks of active elements with a common input waveform and, responsive to the common input waveform, the stacks collectively producing an acoustic signal having a spiral pattern in acoustic phase; tertiary reference Keidar discloses the ultrasonic piezoelectric transducer having a plurality of helical elements configured to operated out of phase to orient the acoustical energy in the longitudinal direction of the probe (see abstract), while each segment of the transducer is associated with an outer electrode (see [0022]) and the piezoelectric material will vibrate radially (see [0076]), the ultrasonic piezoelectric transducer may be comprised of a singular metal tube (see [0022]-[0023], [0076], [0084], FIGS. 4A-4B) or may be comprised of separate pieces of piezoelectric material, and thus completely separate transducers (see [0113]), however, but is silent on the ultrasonic transducer being stacks of active elements where each stack of active elements having different heights that are different from one another of each other stack in the plurality of stacks of active elements and the circuit for exciting the stacks of active elements with a common input waveform and, responsive to the common input waveform, the stacks collectively producing an acoustic signal having a spiral pattern in acoustic phase nor the circuit for exciting the stacks of active elements with a common input waveform and, responsive to the common input waveform, the stacks collectively producing an acoustic signal having a spiral pattern in acoustic phase.
An updated search yielded in closet prior art of Hashimoto (US20020043896) which discloses an inclined piezoelectric vibrator formed on a motherboard is arranged so that the outermost layer on one end of the motherboard is arranged in a stacking direction a different height from the stacking direction on the outermost layer on a different end of the motherboard (see [0067], Fig. 7, heights t1 and t2) having a number of active middle layers such that the outermost layers cannot be polarized (see [0062]-[0068], FIG. 6), and in order to emit ultrasonic waves which are output by the transducers, it requires five cycles of sine waves serving as the resonant frequency for the first piezoelectric vibrator must be input from the first transmitting section to the first piezoelectric vibrator (see [0045]); however Hashimoto is silent on the stacks of active elements each having a different height from another one of the adjacent stacks of active elements of the plurality of active elements and that circuit for exciting with a common input waveform and, responsive to the common input waveform, the stacks collectively producing an acoustic signal having a spiral pattern in acoustic phase.
Kim et al. (“A multi-pillar piezoelectric stack transducer for nanodroplet mediated intravascular sonothrombolysis”, cited on applicant’s IDS) discloses a multi-pillar piezoelectric stack (MPPS) transducer composed of four piezoelectric stack (see FIG. 2(b) on page 3) and the beam pattern in the MPPS predominantly is directing along the forward direction (see right column, page 7), however, the number of active elements in each stack of the plurality of stacks of active elements in each stack are both equal in number and in thickness, and thus, do not differ in height from one stack compared to another adjacent stack of active elements and is therefore silent on the stacks of active elements each having a different height from another one of the adjacent stacks of active elements of the plurality of active elements and that circuit for exciting with a common input waveform and, responsive to the common input waveform, the stacks collectively producing an acoustic signal having a spiral pattern in acoustic phase.
Kim et al. (“Vortex-Ultrasound for Microbubble-Mediated Thrombolysis of Retracted Clots in dogs”, 2023) disclose a probe having ultrasonic transducer comprised two stacks of ultrasonic elements that have different heights with respect to the other adjacent stack in the transducer (see page 3, FIG. 1(b)) which output a helical wavefront (page 4, FIGS. 4(a)-4(e)); however, as this document is a work of the present inventors and does not have an earlier priority date than the present invention, it is not considered prior art.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY SHAFQAT whose telephone number is (571)272-4054. The examiner can normally be reached Monday-Friday 9:30AM-5:30PM MST.
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, Keith Raymond can be reached at (571) 270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.S./Examiner, Art Unit 3798
/KEITH M RAYMOND/Supervisory Patent Examiner, Art Unit 3798