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 clams 1-5 in the reply filed on 18 Nov 2025 is acknowledged.
Claims 6-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 18 Nov 2025.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) or (f) based on an application (Application No. JP2023-197654) filed in Japan on 21 Nov 2023.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 15 Nov 2024, 13 May 2025, and 15 Aug 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the Examiner.
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 1-5 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 “wherein a viscosity of the acoustic matching member is 5 mPa·s or more and 20000 mPa·s or less”. It is unclear whether the claimed viscosity is between 5 and 20000 mPa∙s or is intended to be 5 mPa·s or more OR 20000 mPa·s or less. Claims 2-5 inherit the deficiency by the nature of their dependency on claim 1. For purposes of the examination, the limitation is being given a broadest reasonable interpretation as “wherein a viscosity of the acoustic matching member is between 5 mPa·s and 20000 mPa·s.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider (WIPO Pub No. WO2017/087606, provided by the Applicant in the IDS of 13 May 2025, which included a copy in English which the Examiner relied upon).
Regarding claim 1, Schneider discloses an acoustic matching member that is applied to a body surface in a case where an ultrasound image is captured ([0007]: gel composition utilized on the skin of the subject at the interface between an ultrasonic probe/transducer and the skin), wherein the acoustic matching member is a mixed solution ([0004]-[0005]: gel composition comprising materials (a)-(h)) containing:
water ([0008]-[0010]: gel composition comprising (a) vehicle, which comprises water); and
a hydrophilic polymer having a hydrophilic functional group and having 8 or more carbon atoms ([0026]: gel composition comprising (e) skin-conditioning agent, including behenyl alcohol), and
wherein a viscosity of the acoustic matching member is 5 mPa·s or more and 20000 mPa·s or less ([0046]: gel composition comprising a viscosity of at least 10,000 centipoise, or mPa·s).
It is noted that behenyl alcohol (CH3(CH2)21OH) is well known in the art to have a hydroxyl (-OH) group (or a hydrophilic functional group), and 22 carbons (also see [0052] of the specification of the instant application).
Regarding claim 2, Schneider discloses all limitations of claim 1, as discussed above, and Schneider further discloses:
wherein the hydrophilic polymer is a monovalent alcohol and an aliphatic alcohol ([0026]: gel composition comprising (e) skin-conditioning agent, including behenyl alcohol).
As noted above in claim 1, behenyl alcohol is well known in the art to be CH3(CH2)21OH, or a saturated 22-carbon primary fatty alcohol, thus it is a monovalent alcohol and an aliphatic alcohol (also see [0052] of the specification of the instant application).
Regarding claim 3, Schneider discloses all limitations of claim 2, as discussed above, and Schneider further discloses:
wherein the hydrophilic polymer is at least one of sethanol, stearyl alcohol, behenyl alcohol, or lauryl alcohol (0026]: gel composition comprising (e) skin-conditioning agent, including behenyl alcohol).
Regarding claim 4, Schneider discloses all limitations of claim 1, as discussed above, and Schneider further discloses:
wherein the mixed solution is cosmetic water ([0009]: (a) vehicle of the gel composition comprises water and is purified).
Regarding claim 5, Schneider discloses all limitations of claim 1, as discussed above, and the claim 5 further recites the limitation “wherein the ultrasound image is captured by performing scanning on a compression member that puts a subject in a compressed state with a probe”, which is directed to the optional limitation “in a case where an ultrasound image is captured” recited in claim 1. Additionally, applicant is reminded that claim 5 is directed to the product of acoustic matching member, not the method of capturing an ultrasound image, and Schneider’s gel composition is capable of being used in capturing an ultrasound image as it is explicitly disclosed to be “for an ultrasound procedure … (and) be utilized on the skin of the subject at the interface between an ultrasonic probe or transducer and the skin” ([0007] of Schneider).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Scully (US PG Pub No. 2016/0199027) discloses an acoustic matching member comprising water and at least one of lauryl alcohol, stearyl alcohol, and behenyl alcohol ([0124]-[0130]);
Scully (US PG Pub No. 2017/0303894) discloses an acoustic matching member comprising water and at least one of lauryl alcohol, stearyl alcohol, and behenyl alcohol ([0156]-[0162]);
Hong et al. (KR2022/0096510, a copy of machine translation relied upon attached to this Office action) discloses an acoustic matching member comprising water and 1,2-hexanediol ([0039]: 1,2-hexanediol as cosmetic water comprising a hydrophilic polymer having a hydrophilic functional group and at least 8 carbons but not comprising alcohol).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Younhee Choi whose telephone number is (571)272-7013. The examiner can normally be reached M-F 9AM-5PM EST.
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/Y.C./Examiner, Art Unit 3797
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
12/10/2025