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 .
Election/Restrictions
Applicant’s election without traverse of Invention II in the reply filed on 07/21/2026 is acknowledged.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show all the details of the claimed invention as described in the specification. Specifically, figs. 1 and 3 of the drawings are not legible in that some of the numberings are not fully shown and some portions of the structural details are missing. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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
Claim 13 is objected to because of the following informalities:
Line 4 of claim 13 should be amended to recite …generator is configured to…
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al., KR 20180015095 A.
Regarding claim 13, Kang teaches a cartridge for a ultrasonic medical instrument (see reproduced fig. 2 of Kang below and abstract on page 1 of the attached translated copy of the document), comprising:
a movable body (drive shaft 15 of 9th paragraph on page 4) ;
an actuator coupled to the movable body (actuator 13 of 9th paragraph on page 4) ; and
an ultrasonic wave generator coupled to the movable body (ultrasonic wave generator 211 of 10th paragraph on page 4),
wherein the ultrasonic wave generator configured to generate focused ultrasound having a focusing distance (8th paragraph on page 7);
wherein movement of the movable body in a first direction is configured to move the actuator and the ultrasonic wave generator in the first direction (2nd paragraph on page 5 notes that The first moving body 131 has a rectangular block shape and is accommodated in the cartridge housing 101, more specifically, in the housing body 103 so as to be movable in the first axial direction. The driving shaft 15 of the driving actuator 13 is connected to the first moving body 131);
wherein the actuator is configured to actuate the ultrasonic wave generator in a second direction corresponding to the actuator, wherein the second direction is different from the first direction (the abstract discloses that a first moving body accommodated in the cartridge housing and movable in a first axial direction; a second moving body reciprocally movable to the first moving body in a second axial direction which is vertical to the first axial direction), and
wherein the actuation in the second direction adjusts a treatment depth corresponding to the focused ultrasound generated by the ultrasonic wave generator (lines 1-3 of page 9 disclose that As the second moving body 151 descends, the transducer 213 also descends along the second axis direction. Thus, by rotating the rotary knob 300, it becomes possible to easily adjust the depth of focus of the ultrasonic wave of the ultrasonic medical device 1 according to the embodiment of the present invention).
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Regarding claim 14, Kang further teaches wherein the second direction is perpendicular to the first direction (4th paragraph on page 10 discloses that transducer is moved along the second axis direction perpendicular to the first axis direction to adjust the focus depth of the ultrasonic wave).
Regarding claim 15, Kang further teaches wherein the actuator comprises a piezoelectric motor configured to move the ultrasonic wave generator in the second direction (7th paragraph on page 10 discloses a piezoelectric motor 440 comprising a piezoelectric actuator 441 and the 5th paragraph on page 11 indicates that the piezoelectric actuator 441 provided at the lower end of the first moving body in the ultrasonic wave generating cartridge moves along the second axis direction as the linear moving body 443 moves in the second axial direction).
Regarding claims 16, Kang further teaches wherein the piezoelectric motor is configured to be driven based on a first radiofrequency (RF) signal (last paragraph on page 10 discloses that The piezoelectric actuator 441 is controlled based on the electric current supplied from the ultrasonic wave generating cartridge 20 to the handpiece 10. That is, the piezoelectric actuator 441 is driven based on the z-axis movement signal provided by the handpiece 10).
Regarding claim 17, Kang further teaches wherein a speed of the movement of the ultrasonic wave generator in the second direction is based on an intensity of the RF signal ((last paragraph on page 10 discloses that The piezoelectric actuator 441 is controlled based on the electric current supplied from the ultrasonic wave generating cartridge 20 to the handpiece 10. That is, the piezoelectric actuator 441 is driven based on the z-axis movement signal provided by the handpiece 10)).
Regarding claim 18, Kang further teaches wherein the ultrasonic wave generator is configured to be driven based on a second RF signal from a different source than a source of the first RF signal (4th paragraph of page 11 discloses that Specifically, the ultrasonic wave generation cartridge 20 modulates the pulse signal width applied to the piezoelectric actuator 441 (for example, a dome-shaped piezoelectric actuator) so as to modulate the linear moving body 443 connected to the vibration axis 442 Axis direction (i.e., the z-axis direction). Accordingly, the ultrasonic medical device 1 can adjust the second axial position of the ultrasonic wave generator fixedly coupled to the linear moving body 443).
Regarding claim 19, Kang further teaches wherein the ultrasonic wave generator is configured to be moved along a linear path in the second direction based on actuation by the actuator (7th paragraph on page 6).
Regarding claim 20, Kang further teaches wherein the cartridge further comprises a distance sensor configured to determine a distance of the ultrasonic wave generator from the distance sensor in the second direction (12th paragraph on page 8).
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 claims 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 13-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of US Pat. No. 12,121283 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in the claims mentioned above of the instant application are also recited in the claims mentioned above of the copending application.
Claim 13-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of US Pat. No. US 12,097391 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in the claims mentioned above of the instant application are also recited in the claims mentioned above of the copending application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Farouk A Bruce whose telephone number is (408)918-7603. The examiner can normally be reached Mon-Fri 8-5pm PST.
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
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