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
The amendment filed 01/02/2026 has been entered. Claims 5 and 9 are canceled, and new claims 21-22 are added. Claims 1-4, 6-8, and 10-22 remain pending in the application. Applicant’s amendment to figure 2 of the drawings have overcome the drawing objection previously set forth in the Non-Final Office Action mailed 10/01/2025.
Response to Arguments
Applicant’s arguments with respect to claim 1 and claims dependent therefrom have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 1 is objected to because of the following informality:
“…in a vertical stack, wherein…” should be corrected to:
“…in a vertical stack, and wherein…”
Claim 6 is objected to because of the following informality:
“…array of imaging elements, wherein a bottom…” should be corrected to:
“…array of imaging elements, and wherein a bottom…”
Claim 10 is objected to because of the following informalities:
“top surface of thermally conductive plate” should be corrected to:
“top surface of the thermally conductive plate”
“…second section, wherein an entire…” should be corrected to:
“…second section, and wherein an entire…”
Claim 21 is objected to because of the following informality:
“…of imaging elements, wherein the acoustic…” should be corrected to:
“…of imaging elements, and wherein the acoustic…”
Appropriate correction is required.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1, 6, 8, 12, and 19-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-7, and 9 of U.S. Patent No. 11,737,728 B2 (Reference Patent 1). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of Reference Patent 1 anticipate the claims of the instant application as follows:
Instant Application (18/931,246)
Reference Patent 1 (US 11,737,728 B2)
1. A device comprising:
an intracardiac echocardiography (ICE) catheter comprising a distal portion and an imaging assembly,
wherein the imaging assembly comprises:
an array of imaging elements;
an integrated circuit; and
an acoustic backing material,
wherein the imaging assembly is arranged in a vertical stack,
wherein the integrated circuit is below the array of imaging elements and above the acoustic backing material in the vertical stack such that the imaging assembly is fitted inside the distal portion that is sized and shaped for advancement through a blood vessel of a patient.
1. A device for imaging within a body of a patient, comprising:
a flexible elongate member;
an imaging assembly configured for intracardiac echocardiography (ICE),
the imaging assembly comprising:
an array of imaging elements;
an integrated circuit coupled to the array of imaging elements, wherein the integrated circuit comprises a bottom surface and an opposite, top surface; and
an interconnect board spaced from the integrated circuit along a length of the imaging assembly such that the integrated circuit and the interconnect board do not overlap, wherein the interconnect board comprises a bottom surface and an opposite, top surface; and
a conductive plate coupled to the integrated circuit and the interconnect board, wherein the conductive plate extends at least a portion of the length of the imaging assembly, wherein the conductive plate comprises a bottom surface and an opposite, top surface,
wherein the bottom surface of the integrated circuit is disposed over a first section of the top surface of the conductive plate,
wherein the bottom surface of the interconnect board is disposed over a second section of the top surface of the conductive plate, and
wherein the conductive plate is configured to receive heat generated by at least one of the array of imaging elements, the integrated circuit, or the interconnect board, and
wherein the conductive plate comprises a stiffness greater than a stiffness of the array of imaging elements such that the conductive plate inhibits deflection of the array of imaging elements, and
wherein the imaging assembly, the interconnect board, and the conductive plate are sized and shaped to be disposed at a distal portion of the flexible elongate member for advancement through a blood vessel of the patient and into a heart chamber of the patient.
6. The device of claim 1, wherein the top surface of the integrated circuit is coupled to the array of imaging elements.
7. The device of claim 6, wherein the imaging assembly further comprises
an acoustic backing material comprising a bottom surface and a top surface opposite the bottom surface, wherein the bottom surface of the integrated circuit is coupled to the top surface of the acoustic backing material.
6. The device of claim 1,
wherein a top surface of the integrated circuit is coupled to the array of imaging elements,
wherein a bottom surface of the integrated circuit is coupled to a top surface of the acoustic backing material.
6. The device of claim 1,
wherein the top surface of the integrated circuit is coupled to the array of imaging elements.
7. The device of claim 6, wherein the imaging assembly further comprises
an acoustic backing material comprising a bottom surface and a top surface opposite the bottom surface, wherein the bottom surface of the integrated circuit is coupled to the top surface of the acoustic backing material.
21. The device of claim 1,
wherein the imaging assembly comprises a thermally conductive plate
having thermal contact with at least one of the integrated circuit or the array of imaging elements,
wherein the acoustic backing material is below the integrated circuit and above the thermally conductive plate in the vertical stack.
1. …
a conductive plate coupled to the integrated circuit…
wherein the bottom surface of the integrated circuit is disposed over a first section of the top surface of the conductive plate…
wherein the conductive plate is configured to receive heat generated by at least one of the array of imaging elements, the integrated circuit, or the interconnect board…
6. The device of claim 1,
wherein the top surface of the integrated circuit is coupled to the array of imaging elements.
7. The device of claim 6, wherein the imaging assembly further comprises
an acoustic backing material comprising a bottom surface and a top surface opposite the bottom surface, wherein the bottom surface of the integrated circuit is coupled to the top surface of the acoustic backing material.
8. The device of claim 21, wherein the acoustic backing material is thermally conductive such that the thermally conductive plate has thermal contact with at least one of the integrated circuit or the array of imaging elements via the acoustic backing material.
9. The device of claim 7, wherein the acoustic backing material is conductive such that the heat generated by the at least one of the array of imaging elements or the integrated circuit is received by the conductive plate via the acoustic backing material.
12. The device of claim 21, wherein:
the imaging assembly further comprises an interconnect board,
a bottom surface of the integrated circuit is disposed over a first section of a top surface of the thermally conductive plate, and
a bottom surface of the interconnect board is disposed over a second section of the top surface of the thermally conductive plate.
1.
…wherein the bottom surface of the integrated circuit is disposed over a first section of the top surface of the conductive plate,
wherein the bottom surface of the interconnect board is disposed over a second section of the top surface of the conductive plate…
19. The device of claim 21, wherein the thermally conductive plate is configured to draw and distribute heat generated by at least one of the array of imaging elements or the integrated circuit.
1.
… wherein the conductive plate is configured to receive heat generated by at least one of the array of imaging elements, the integrated circuit, or the interconnect board …
20. The device of claim 21, wherein the thermally conductive plate comprises a stiffness that is greater than a stiffness of the array of imaging elements and inhibits bending of the array of imaging elements.
1.
…wherein the conductive plate comprises a stiffness greater than a stiffness of the array of imaging elements such that the conductive plate inhibits deflection of the array of imaging elements
…
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.
Claim 11 is 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 11 recites the limitation "the flexible elongate member". There is insufficient antecedent basis for this limitation in the claim. For purposes of examination it will be interpreted for the device to further comprise a flexible elongate member.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 6, 21, 4, 7-8, 10-11, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Motoki (US20170007213) in view of Li ‘881 (US20160066881) and Li ‘773 (US20150115773).
Regarding claim 1, Motoki teaches a device comprising ([0001]):
a transesophageal ultrasound probe (10) comprising a distal portion (76) and an imaging assembly (70) (Fig. 2, Abstract, [0002], [0039], [0052], [0055], [0063]),
wherein the imaging assembly (70) comprises (Fig. 2, [0052]):
an array (12) of imaging elements (54) (Fig. 2, Abstract, [0039-0040], [0055]);
an integrated circuit (60) (Fig. 2, [0052]); and
an acoustic backing material (56) (Fig. 2, [0052], [0056]),
wherein the imaging assembly (70) is arranged in a vertical stack (Fig. 2),
wherein the integrated circuit (60) is below the array (12) of imaging elements (54) in the vertical stack such that the imaging assembly (70) is fitted inside the distal portion (76) (Fig. 2, Abstract, [0058]).
However, Motoki fails to teach wherein the transesophageal ultrasound probe is an intracardiac echocardiography (ICE) catheter comprising the distal portion and the imaging assembly, and wherein the distal portion is sized and shaped for advancement through a blood vessel of a patient.
In an analogous ultrasound device for insertion into the body field of endeavor, Li ‘881 teaches such a feature. Li ‘881 teaches an intravascular ultrasound (IVUS) imaging system (100) (Fig. 1, [0019]). Li ‘881 teaches the system (100) includes a catheter (104) adapted for use in a blood vessel (102), and the catheter (104) may further include an image sensor such as an ultrasound transducer (106) (Abstract, [0016], [0020], [0031]). Li ‘881 teaches of inserting the catheter (104) including the transducer (106) into a target blood vessel (102) ([0022]). Li ‘881 teaches the transducer (106, 400) may further include a heat sink for dissipating heat from the ultrasound transducer (400) (Fig. 4, [0041-0043]). Moreover, Li ‘881 similarly teaches wherein the transducer/imaging assembly (400) may include an array of imaging elements (422), an integrated circuit and an acoustic backing material (406) (Fig. 4, [0043], [0050], [0060]). Li ‘881 further teaches the system may be implemented with other types of ultrasound systems including transesophageal echocardiography systems and intracardiac echocardiography (ICE) systems ([0017]) and that the transducer (400) may be used with any type of medical acoustic systems ([0042]). Li ‘881 therefore teaches wherein an ultrasound probe, i.e. catheter, with an imaging assembly comprising an array of imaging elements, an integrated circuit, and acoustic backing material may be implemented either as intracardiac echocardiography (ICE) catheter configured for insertion into a blood vessel or as a transesophageal echocardiography probe, which is taught by Motoki.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to have the ultrasound probe comprising the imaging assembly be implemented as an intracardiac echocardiography (ICE) catheter as taught by Li ‘881 ([0017]). Modifying the invention of Motoki to have the probe be implemented as an IC catheter would predictably allow for improved diagnosis/imaging of the heart. Li ‘881 above teaches wherein the substantially similar structure of Motoki may be implemented as either an intracardiac echocardiography catheter or transesophageal catheter ([0017]). Moreover, Motoki teaches wherein the probe is not required to be a transesophageal probe ([0039]). Thus, Motoki’s transesophageal ultrasound probe may be implemented instead as an ICE catheter configured for advancement through a blood vessel of a patient as taught by Li ‘881.
However, the modified combination noted above fails to teach wherein the integrated circuit is above the acoustic backing material in the vertical stack.
In an analogous ultrasound device field of endeavor, Li ‘773 teaches such a feature. Li ‘773 teaches an ultrasound transducer (10) including an acoustic element (12), a lens (14), and an acoustic backing material layer (16) arranged in a vertical stack (Figs. 1-2, [0018], [0020]). Li ‘773 further teaches wherein the transducer (10) may include an integrated circuit and a heat sink within the vertical stack ([0018], [0022]). Li ‘773 teaches the integrated circuit may be disposed between the acoustic element (12) and the backing layer (16) ([0022]). Since the acoustic element (12) is positioned above the backing layer (16) in the vertical stack (Figs. 1-2), Li ‘773 therefore teaches positioning the integrated circuit above the acoustic backing material in the vertical stack. Li ‘773 additionally teaches wherein the transducer configuration described above may be used with any type of ultrasound imaging system including for intracardiac imaging and with a catheter ([0060]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to have the integrated circuit be positioned between the transducer and the backing layer as taught by Li ‘773 ([0022]). The integrated circuit (IC) may more easily or directly be electrically connected to the transducer by positioning the IC between the transducer and backing layer as recognized by Li ‘773 ([0022]).
Regarding claim 6, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 1.
However, Motoki fails to teach wherein a top surface of the integrated circuit is coupled to the array of imaging elements, wherein a bottom surface of the integrated circuit is coupled to a top surface of the acoustic backing material.
In an analogous ultrasound device field of endeavor, Li ‘773 teaches such a feature. Li ‘773 teaches an ultrasound transducer (10) including an acoustic element (12), a lens (14), and an acoustic backing material layer (16) arranged in a vertical stack (Figs. 1-2, [0018], [0020]). Li ‘773 further teaches wherein the transducer (10) may include an integrated circuit and a heat sink within the vertical stack ([0018], [0022]). Li ‘773 teaches disposing the integrated circuit between the acoustic element (12) and the backing layer (16) ([0022]). Motoki teaches wherein the acoustic elements (54) and backing layer 56 are directly adjacent one another (Fig. 2, reproduced below).
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Therefore, Motoki modified by the teachings of Li ‘773 to position the integrated circuit (IC) between the acoustic elements (54) and backing layer (56) would predictably result wherein the top surface of the IC is coupled to the array of imaging elements (54) and wherein a bottom surface of the IC is coupled to a top surface of the acoustic backing material (56).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to have the integrated circuit be positioned between the transducer and the backing layer as taught by Li ‘773 ([0022]). The integrated circuit (IC) may more easily or directly be electrically connected to the transducer by positioning the IC between the transducer and backing layer as recognized by Li ‘773 ([0022]).
Regarding claim 21, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 1.
Motoki further teaches wherein the imaging assembly (70) comprises a thermally conductive plate (68) having thermal contact with at least one of the integrated circuit (60) or the array of imaging elements (Fig. 2, [0052], [0062]).
However, Motoki fails to teach wherein the acoustic backing material is below the integrated circuit and above the thermally conductive plate in the vertical stack.
In an analogous ultrasound device field of endeavor, Li ‘773 teaches such a feature. Li ‘773 teaches an ultrasound transducer (10) including an acoustic element (12), a lens (14), and an acoustic backing material layer (16) arranged in a vertical stack (Figs. 1-2, [0018], [0020]). Li ‘773 further teaches wherein the transducer (10) may include an integrated circuit and a heat sink within the vertical stack ([0018], [0022]). Li ‘773 teaches the integrated circuit may be disposed between the acoustic element (12) and the backing layer (16) ([0022]). Li ‘773 further teaches wherein the heat sink may directly connected to a back side (18) of the backing layer (16) ([0022]). Li ‘773 also teaches wherein the array of acoustic elements (10, 12) are in thermal contact with the heat sink ([0022-0023]). Li ‘773 therefore teaches wherein an acoustic backing material is below an integrated circuit and above a thermally conductive plate (heat sink) in a vertical stack. Li ‘773 additionally teaches wherein the transducer configuration described above may be used with any type of ultrasound imaging system including for intracardiac imaging and with a catheter ([0060]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to have the integrated circuit be positioned between the transducer and the backing layer and to have the heat sink be in direct contact with a backside of the backing layer as taught by Li ‘773 ([0022]). The integrated circuit (IC) may more easily or directly be electrically connected to the transducer by positioning the IC between the transducer and backing layer as recognized by Li ‘773 ([0022]), and heat from the ultrasound transducer may dissipate to the heat sink in this configuration as further recognized by Li ‘773 ([0022-0023]). The modification of Motoki with the teachings of Li ‘773 would therefore also result wherein the thermally conductive plate is in thermal contact with at least the array of imaging elements and/or integrated circuit.
Regarding claim 4, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
Motoki further teaches wherein a cross-section of the thermally conductive plate (68) comprises a rectangular shape, a t-shape, or a semi-circular shape (Fig. 2, [0030], wherein figure 2 is a cross-sectional view showing the thermally conductive plate 68 having a rectangular shaped cross-section).
Regarding claim 7, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
However, Motoki fails to teach wherein a bottom surface of the acoustic backing material is coupled to a top surface of the thermally conductive plate.
In an analogous ultrasound device field of endeavor, Li ‘773 teaches such a feature. Li ‘773 teaches an ultrasound transducer (10) including an acoustic element (12), a lens (14), and an acoustic backing material layer (16) arranged in a vertical stack (Figs. 1-2, [0018], [0020]). Li ‘773 further teaches wherein the transducer (10) may include an integrated circuit and a heat sink within the vertical stack ([0018], [0022]). Li ‘773 teaches wherein the heat sink may directly connected to a back side (18) of the backing layer (16) (Figs. 1-2, [0022]). Li ‘773 therefore teaches wherein a bottom surface, i.e. back side (18), of an acoustic backing material is coupled to a top surface of a thermally conductive plate, i.e. heat sink.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to have the heat sink be directly coupled to the back side of the backing layer as taught by Li ‘773 (Figs. 1-2, [0022]). The heat from the ultrasound transducer may dissipate to the heat sink by connecting the heat sink to the backing layer in this manner as recognized by Li ‘773 ([0022]).
Regarding claim 8, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
However, Motoki fails to teach wherein the acoustic backing material is thermally conductive such that the thermally conductive plate has thermal contact with at least one of the integrated circuit or the array of imaging elements via the acoustic backing material.
In an analogous ultrasound device field of endeavor, Li ‘773 teaches such a feature. Li ‘773 teaches an ultrasound transducer (10) including an acoustic element (12), a lens (14), and an acoustic backing material layer (16) arranged in a vertical stack (Figs. 1-2, [0018], [0020]). Li ‘773 further teaches wherein the transducer (10) may include an integrated circuit and a heat sink within the vertical stack ([0018], [0022]). Li ‘773 teaches wherein the heat sink may directly connected to a back side (18) of the backing layer (16) (Figs. 1-2, [0022]). Li ‘773 teaches wherein the heat sink may dissipate heat from the ultrasound transducer (10) via the connection with the backing layer (16) ([0022]). Li ‘773 therefore teaches wherein the material of the backing layer (16) is thermally conductive such that the thermally conductive plate has thermal contact with at least one of the integrated circuit or the array of imaging elements via the acoustic backing material.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to have the heat sink be directly coupled to the back side of the backing layer as taught by Li ‘773 (Figs. 1-2, [0022]). The heat from the ultrasound transducer may dissipate to the heat sink by connecting the heat sink to the backing layer in this manner as similarly recognized by Li ‘773 ([0022]).
Regarding claim 10, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
Motoki further teaches wherein a top surface of thermally conductive plate (68) comprises a first section and an opposite, second section, wherein an entire length of the integrated circuit (60) is disposed over the first section of the top surface of the thermally conductive plate (68) (Fig. 2, wherein the entire length of the ASIC 60 being positioned above the heat sink 68 comprises the entire length of the ASIC 60 also being disposed over a first section of a top surface of the thermally conductive plate or heat sink 68).
Regarding claim 11, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
Motoki further teaches wherein a length of the thermally conductive plate (68) is oriented along a longitudinal axis of the flexible elongate member (76) (Fig. 2).
Regarding claim 19, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
Motoki further teaches wherein the thermally conductive plate (68) is configured to draw and distribute heat generated by at least one of the array (12) of imaging elements (54) or the integrated circuit (60) (Fig. 2, [0062], “The heatsink member 68 is used to dissipate heat generated from the ASIC 60 into the air or to the other elements such as a chassis 76”). Li ‘773 similarly also teaches wherein the array of acoustic elements (10, 12) are in thermal contact with the heat sink ([0022-0023]), wherein Motoki is modified earlier above by Li ‘773.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Motoki (US20170007213) in view of Li ‘881 (US20160066881) and Li ‘773 (US20150115773) as applied to claim 21 above, and further in view of Nagano (US20080300492).
Regarding claim 2, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
However, Motoki fails to teach wherein the thermally conductive plate comprises a metal alloy.
In an analogous imaging device field of endeavor, Nagano teaches such a feature. Nagano teaches an ultrasonic endoscope (40) including an ultrasonic transducer part (1) disposed in an insertion part (41) of the endoscope (40) (Fig. 1, [0027]). Nagano teaches the transducer part (1) has an array of transducers (1a) configured for ultrasound imaging ([0040-0042]). Nagano teaches wherein the ultrasonic endoscope (40) [i.e. imaging device] includes a spiral member (16) (Fig. 2). Nagano teaches several thermally conductive members (7, 9, 12, 16, 21) that are preferably metal material formed of copper or copper alloy for the purpose of thermal conductivity and heat release (Figs. 2 & 5, [0030-0031], [0033], [0035], [0049]). Nagano therefore teaches forming a thermally conductive member of a metal [i.e. copper] alloy.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to have the thermally conductive plate be formed of metal materials such as a copper alloy as taught by Nagano (Figs. 2 & 5, [0030-0031], [0033], [0035], [0049]). Copper alloys may have good heat conductivity for dissipating heat as recognized by Nagano ([0030-0031], [0033], [0035], [0049]). Modifying Motoki to have the heat conducting members be formed of a copper alloy would predictably result in the thermally conductive plate [i.e. heatsink 68] of Motoki being formed of a metal [i.e. copper] alloy.
Regarding claim 3, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
However, Motoki fails to teach wherein the thermally conductive plate is radiopaque.
In an analogous imaging device field of endeavor, Nagano teaches such a feature. Nagano teaches an ultrasonic endoscope (40) including an ultrasonic transducer part (1) disposed in an insertion part (41) of the endoscope (40) (Fig. 1, [0027]). Nagano teaches the transducer part (1) has an array of transducers (1a) configured for ultrasound imaging ([0040-0042]). Nagano teaches wherein the ultrasonic endoscope (40) [i.e. imaging device] includes a spiral member (16) (Fig. 2). Nagano teaches several thermally conductive members (7, 9, 12, 16, 21) that are preferably metal material formed of copper or copper alloy for the purpose of thermal conductivity and heat release (Figs. 2 & 5, [0030-0031], [0033], [0035], [0049]). Nagano therefore teaches forming a thermally conductive member of a metal [i.e. copper] alloy. Moreover, metal material such as copper and copper alloys are radiopaque and therefore Nagano further teaches a radiopaque thermally conductive member.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to have the thermally conductive plate be formed of metal materials such as a copper alloy as taught by Nagano (Figs. 2 & 5, [0030-0031], [0033], [0035], [0049]). Copper alloys may have good heat conductivity for dissipating heat as recognized by Nagano ([0030-0031], [0033], [0035], [0049]). Modifying Motoki to have the heat conducting members be formed of a copper alloy would predictably result in the thermally conductive plate [i.e. heatsink 68] of Motoki being formed of a metal [i.e. copper] alloy and thus also be radiopaque as metallic copper is radiopaque.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Motoki (US20170007213) in view of Li ‘881 (US20160066881) and Li ‘773 (US20150115773) as applied to claim 21 above, and further in view of Kiyose (US20160126445).
Regarding claim 20, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 21.
However, Motoki fails to teach wherein the thermally conductive plate comprises a stiffness that is greater than a stiffness of the array of imaging elements and inhibits bending of the array of imaging elements.
In an analogous imaging device field of endeavor, Kiyose teaches such a feature. Kiyose teaches an ultrasound imaging apparatus (11) including an ultrasound probe (13) (Fig. 1, [0032]). Kiyose teaches the probe (13) having a housing (16) and an ultrasound device unit (DV) is fitted in the housing ([0034]). Kiyose teaches the ultrasound device unit (DV) includes an ultrasonic device (18) which outputs ultrasound waves and receives reflected waves ([0035]), thus comprising an ultrasound transducer. Kiyose further teaches the ultrasound device unit (DV) includes a circuit board (24) and a rigid body (27) ([0037], [0039]), and the ultrasound device (18) includes an element array (32) ([0042]). Kiyose teaches the rigid body (27) covers the element array (32) on a back side via the circuit board (24) (Fig. 4, [0042], [0056]). Kiyose teaches the rigid body (27) has a higher stiffness than the circuit board (24) ([0039]) and since the rigid body (27) is in contact with the circuit board (24), which is also in contact with the ultrasound device unit (DV), the circuit board (24) and thus element array (32) is kept from deforming ([0065]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the thermally conductive plate of Motoki to have a stiffness higher than of the integrated circuit or element array as taught by Kiyose ([0039], [0065]). By modifying the thermally conductive plate to have similar stiffness to the rigid body taught by Kiyose, stress may be dispersed to the rigid thermally conductive plate, preventing deformation and damage to the board/array as recognized by Kiyose ([0065]).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Motoki (US20170007213) in view of Li ‘881 (US20160066881) and Li ‘773 (US20150115773) as applied to claim 1 above, and further in view of Miller (US20030028108). Miller is cited in the IDS filed 10/30/2024.
Regarding claim 22, Motoki in view of Li ‘881 and Li ‘773 teaches the invention as claimed above in claim 1.
Motoki further teaches wherein a distal end of the array of imaging elements (54) and a distal end of the acoustic backing material (56) are aligned flush with one another (Fig. 2, [0056]).
However, Motoki fails to teach wherein a distal end of the integrated circuit is aligned flush with the distal end of the array of imaging elements and distal end of the acoustic backing material.
In an analogous ultrasound probe field of endeavor, Miller teaches such a feature. Miller teaches an ultrasound probe (100) including an array of imaging elements (120), an integrated circuit (140), a backing material layer (160), and a heat sink (170) (Fig. 1, [0026-0027], [0029]). Miller shows in figure 1, reproduced below,
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that a distal end of the integrated circuit (140) is aligned with a distal end of the acoustic backing material layer (160) (Fig. 1). Miller therefore teaches aligning flush a distal end of an integrated circuit with a distal end of an acoustic backing material.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Motoki to further have the distal end of the integrated circuit be aligned flush with the distal end of the acoustic backing layer as taught by Miller (Fig. 1, [0027]). By aligning the distal ends flush of each component with one another, surface contact area may be increased and may predictably improve thermal transfer from one component to another. Since Motoki above teaches wherein the distal end of the acoustic backing material is aligned flush with the array of imaging elements, the modification of Motoki with the teachings of Miller would predictably result wherein the distal ends of the array of imaging elements, of the integrated circuit, and of the acoustic backing material are all aligned flush with one another.
Allowable Subject Matter
Claim 12 is rejected for non-statutory double patenting as discussed above, with claims 13-18 being dependent therefrom, but would be allowable if a proper Terminal Disclaimer is filed to overcome the non-statutory double patenting rejections above and if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Within the context of claim 12, the prior art of record does not teach or reasonably suggest to the ordinarily skilled artisan “a bottom surface of the integrated circuit is disposed over a first section of the top surface of the thermally conductive plate, and a bottom surface of the interconnect board is disposed over a second section of the top surface of the thermally conductive plate”.
The most relevant prior arts are Cho (US20150289854) and Motoki (US20170007213). Cho and Motoki teach an integrated circuit, an interconnect board, and a thermally conductive plate, each comprising a bottom surface and a top surface. Cho teaches disposing the bottom surface of the interconnect board (113) over the top surface of the thermally conductive plate (114) (Fig. 2, [0058]). Moreover, Cho teaches wherein the bottom surface of integrated circuit (112) is also disposed over the top surface of the thermally conductive plate (114) (Fig. 2, [0054], [0058]). However, Cho fails to teach wherein the interconnect board and integrated circuit are disposed over separate first and second sections of the top surface of the thermally conductive plate. Although Motoki teaches laterally spacing the interconnect board (66) from the integrated circuit (60) and disposing the two components over the thermally conductive plate (68) (Fig. 2, [0052], [0061]), Motoki fails to teach disposing the interconnect board (66) over a second section of the top surface of the thermally conductive plate (68). Therefore, the prior arts cited above do not teach nor suggest to arrange said components such that a bottom surface of the integrated circuit is disposed over a first section of the top surface of the thermally conductive plate and a bottom surface of the interconnect board is disposed over a second section of the top surface of the thermally conductive plate.
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.
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/TOMMY T LY/ Examiner, Art Unit 3797
/SERKAN AKAR/ Primary Examiner, Art Unit 3797