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 Objections
Claim 1 is objected to because of the following informalities: In lines 20-21, the phrase “wherein the control unit is electronically connected to the adjustment unit to the drive group for controlled activation,” should be changed to “wherein the control unit is electronically connected to the adjustment unit and to the drive group for controlled activation”. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: In lines 4-5, the phrase “wherein the appendage chamber has a cross-section with an area smaller value an area of a cross-section of the second chamber” should be changed to “wherein the appendage chamber has a cross-section with an area smaller than an area of a cross-section of the second chamber”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Calcagni (WO 2021/100015 A1).
With respect to claim 1, Calcagni teaches an acoustic wave generator (device of Figures 2 and 4-10) for underwater applications comprising: a hollow body (10) developed along an axis (defined by central axis, similar to axis AX in Figure 1) and having a front end (102) associated with an acoustic diffuser member (1020), wherein the hollow body (10) has a rear portion (104) housing a first piston (20) and a front portion (106) housing a second piston (22), wherein the second piston (22) can freely slide along the axis and has a face (220) facing the acoustic diffuser member (1020) (Page 8, Lines 10-25); a drive group (30) associated with the first piston (20) to move the first piston (20) towards the second piston (22); an adjustment unit (40) equipped with a third piston (24) and interposed between the first piston (20) and the second piston (22), wherein the third piston (24) forms a first insulated air chamber (C1) interposed between the first piston (20) and the third piston (24) and a second insulated air chamber (C2) interposed between the third piston (24) and the second piston (22); a control unit (60) provided with a detection unit (50 – Page 5, Lines 14-22), wherein the control unit (60) is electronically connected to the adjustment unit (40) and to the drive group (30) for controlled activation of the second piston (22); a damping unit (broadly defined by rod #41 and pressure valves including valve #328, facilitating the “fluidodynamic connection between the second and third pistons #22/24, mediated by parameters depending on pressure value”, providing a similar function to the damping member 342 and elastic member #44 in Figure 1 – see Page 19, Line 22-Page 20, Line 7) provided with an appendage chamber (defined by unlabeled auxiliary chamber interposed between the second chamber C2 and the second piston #22, identical to Applicant’s appendage chamber #C2'), wherein the appendage chamber is associated with the second chamber (C2) and is fluid-dynamically insulated (via wall #1064) from the second chamber (C2); wherein the control unit (60) controls a pressure of the appendage chamber (via valves including valve #328) to modulate a frequency spectrum of acoustic waves emitted by the acoustic diffuser member (1020) (see Page 16, Line 23-Page 18, Line 29).
With respect to claim 2, Calcagni teaches wherein the appendage chamber (defined by unlabeled auxiliary chamber interposed between the second chamber C2 and the second piston #22, identical to Applicant’s appendage chamber #C2') is interposed between the second chamber (C2) and the second piston (22), wherein the appendage chamber has a cross-section with an area smaller
With respect to claim 3, Calcagni teaches at least one locking unit (broadly defined by valve assembly 330/332/322/324/326/328 forming air cushions which hold or lock the second piston prior to impact of the first/third piston) associated with at least the second piston (22) and configured to generate a holding force to hold the second piston (22) in a predefined position until an impact generated by the first piston (20) has a greater intensity than the holding force (Page 16, Line 23-Page 18, Line 29).
With respect to claim 9, Calcagni teaches wherein the adjustment unit (40) comprises a connection member (41) interposed between the third piston (24) and the second piston (22).
With respect to claim 10, Calcagni teaches wherein the first piston and/or the second piston and/or the third piston comprise at least two parts coupled to one another by means of at least one elastic ring, and/or in that said wherein the control unit (60) comprises at least one pressure adjuster (40/40’ – Page 13, Lines 7-31) to adjust a pressure difference between the first chamber (C1) and the second chamber (C2).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Calcagni (WO 2021/100015 A1) in view of Davis (3,690,403).
With respect to claim 8, Calcagni teaches the acoustic wave generator of claim 1. Calcagni further teaches wherein the acoustic diffuser member (1020) has a cone of a conical shape with a distal end, and wherein the acoustic diffuser member (1020) further comprises a peripheral edge (22) that projects from the cone of the acoustic diffuser member (20)
Calcagni fails to explicitly teach wherein a distal end closed by a membrane and wherein the peripheral edge (22) that projects from the cone of the acoustic diffuser member (20) is associated with the membrane (21).
Davis teaches wherein it is known to provide a membrane (Davis, #14) at the end of a similar acoustic diffusor element (Davis, #20), such that when combined, teaches wherein the acoustic diffuser member (Calcagni, #1020, when combined with Davis, #20) has a cone of a conical shape with a distal end closed by a membrane (Davis, #14), and wherein the acoustic diffuser member (Calcagni, #1020, when combined with Davis, #20) has a cone of a conical shape with a distal end closed by a membrane (Davis, #14) further comprises a peripheral edge (Davis, peripheral edge of #20 wherein diaphragm/membrane #14 connects) that projects from the cone of the acoustic diffuser member (Calcagni, #1020, when combined with Davis, #20) and that is associated with the membrane (Davis, #14), such that the diaphragm/membrane functions to provide “a pocket of air in order to "unload" the impedance of the rear side of the diaphragm for optimum results (Col. 2, Lines 61-64)”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try combine the apparatus of Calcagni, with the apparatus of Davis so as to provide a pocket of air in order to "unload" the impedance of the rear side of the diaphragm for optimum results. KSR International Co. v. Teleflex Inc., 82 USPQ 2d 1385 (2007).
Allowable Subject Matter
Claims 4-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. It is noted that the claim objections discussed above must be corrected.
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.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837
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