DETAILED ACTION
Non-Final Rejection
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 .
Benefit of an Earlier Filing
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Foreign Application No. (JP) 2024-023282 filed on 19th February, 2024.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 02/10/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7, and 13 are rejected under 35 U.S.C. 102“(a)(1)” or “(a)(2)” or both as being anticipated by SHIBA (US 2006/0001334 A1).
Referring to Claim 1, SHIBA teaches an acoustic wave transmitting/receiving device ([0002]; [0004]: echo sounder transducer which emits an acoustic wave underwater) comprising:
a driving element having a first end and a second end ([0061]-[0063]: cylindrical active vibrator 9 which is constituted of a piezoelectric ceramic stacked body and the like is arranged between these front mass 6 and rear mass 7);
a front mass having a side surface and a hole ([0066]-[0067]: wherein the front mass 6 has slit 50 extending inward from peripheral side face), the front mass being connected to the first end ([0061]-[0062]: mass 6 is on one side of cylindrical active vibrator 9; cylindrical active vibrator 9 is sandwiched between the front mass 6 and rear mass 7); and
a rear mass connected to the second end ([0061]-[0062]: rear mass 7 is on opposite side of cylindrical active vibrator 9; cylindrical active vibrator 9 is sandwiched between the front mass 6 and rear mass 7),
wherein the hole extends from the side surface into the front mass ([0024]; [0066]-[0067]: slit 50 is formed so as to communicate from the peripheral side face of the front mass 6 toward the axial center).
Referring to Claim 2, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 1, wherein the hole is a cavity extending with a constant size and a constant shape ([0066]-[0067]; see Fig. 4: slit 50 is uniform and extending radially inward across the echo sounder transducer).
Referring to Claim 3, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 2, wherein the hole is an elongated cavity ([0066]-[0067]; see Fig(s). 1 and 4: slit 50 is ordinarily a narrow-elongated opening, and the figures show slit 50 extending radially inward).
Referring to Claim 5, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 1, wherein the hole is a non-through cavity having an end inside the front mass ([0066]-[0067]; see Fig(s). 1 and 4: slit 50 begins at peripheral side face and extends toward the axial center; the figures show it terminating internally rather than exiting the opposite side).
Referring to Claim 7, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 1, wherein the front mass includes a bending vibration plate forming the hole and a surface of the front mass ([00038]-[0041]; [0093]-[0095]: an upper portion of the front mass with the slit as a border is bent […]).
Claim 13 is essentially the same as Claim 1 and refers to a method of constructing the acoustic wave transmitting/receiving device of Claim 1. Therefore Claim 13 is rejected for the same reasons as applied to Claim 1 above.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4, 6, 8, 10, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over SHIBA as applied to Claim(s) 1 and 13 above, and further in view of FENU (US 2024/0350162 A1).
Referring to Claim 4, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 1, but doesn’t explicitly teach wherein the hole is a through cavity that reaches an opposite side surface of the front mass.
FENU teaches the hole is a through cavity that reaches an opposite side surface of the front mass ([0035]: the openings are typically through-holes through the annular portion of the front mass).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine acoustic wave transmitting/receiving device disclosed in SHIBA with a through-hole cavity taught in FENU with a reasonable expectation of success because it would have increased mechanical compliance in the direction of the vibrational energy transfer path, thereby permitting adjustment of the transducer operating frequency and/or reduction in transducer size while maintain a desired operating frequency as taught by FENU ([0049]).
Referring to Claim 6, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 1, but doesn’t explicitly teach wherein the hole includes a plurality of holes provided in the front mass.
FENU teaches the hole includes a plurality of holes provided in the front mass ([0024]; [0040]; see also [0072]: one or more of the back mass, front mass and ultrasonic horn arrangement includes a plurality of openings […]; There may be three or more openings. For example there may be 5 or more, 10 or more, 15 or more, 20 or more, 25 or more, 30 or more, 35 or more, 40 or more, 45 or more or 50 or more openings […]).
Referring to Claim 8, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 1, but doesn’t explicitly teach wherein the hole includes a plurality of holes disposed in a positional relationship symmetrical to a central axis of the driving element.
FENU teaches the hole includes a plurality of holes disposed in a positional relationship symmetrical to a central axis of the driving element ([0067]; [0069]-[0070]; [0075]: The openings (e.g. geometric centres) may be provided in a reflective symmetrical array, such that, for at least part of the array, there may be at least one plane of reflective symmetry parallel to and coincident with the longitudinal axis […]; the openings may be arranged based on a two-dimensional regular lattice mapped onto the surface of the front mass and/or back mass […]; the openings may be arranged circumferentially […]).
Referring to Claim 10, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 7, but doesn’t explicitly teach wherein the bending vibration plate and the hole have a rectangular shape as viewed in a direction along a central axis of the driving element.
FENU teaches the bending vibration plate and the hole have a rectangular shape as viewed in a direction along a central axis of the driving element ([0041]: suitable opening cross-sectional shapes expressly include rectangular and square shapes).
Referring to Claim 12, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 1, but doesn’t explicitly teach wherein the hole includes a plurality of holes which are provided inside the front mass and are disposed at positions shifted from a central axis of the driving element.
FENU teaches the hole includes a plurality of holes which are provided inside the front mass and are disposed at positions shifted from a central axis of the driving element ([0069]; [0075]-[0076]: the openings are distributed around the cylindrical front mass, including circumferential arrangements and openings whose geometric centers are positioned relative to the longitudinal axis rather than coincident with it).
Referring to Claim 14, SHIBA teaches the method of constructing the acoustic wave transmitting/receiving device according to claim 13, but doesn’t explicitly teach wherein the forming includes forming the hole by performing cutting from the side surface into the front mass.
FENU teaches the forming includes forming the hole by performing cutting from the side surface into the front mass ([0043]: openings may be formed by any suitable manufacturing technique, e.g. machining, cutting (e.g. laser cutting) or etching).
Claim(s) 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over SHIBA as applied to Claim(s) 1 and 7 above, and further in view of SPRINKLE (US 2015/0201279 A1).
Referring to Claim 9, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 7, but doesn’t explicitly teach wherein the bending vibration plate and the hole have a linear shape as viewed from a front in a direction along a central axis of the driving element.
SPRINKLE teaches the bending vibration plate and the hole have a linear shape as viewed from a front in a direction along a central axis of the driving element ([0032]; [0038]; [0050]: The aperture shape may be elongated along the vertical axis such that its vertical axis length is larger than its horizontal axis length (or width). The aperture shape may comprise an elongated central body […]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine acoustic wave transmitting/receiving device disclosed in SHIBA with the bending vibration plate and hole taught in SPRINKLE with a reasonable expectation of success because by modifying the geometry of the acoustic opening it would have altered the coverage pattern and directivity of the acoustic output, thereby allowing the opening shape to be selected to obtain desired acoustic radiation characteristics as taught by SPRINKLE ([0031]-[0033]; [0050]-[0051]).
Referring to Claim 11, SHIBA teaches the acoustic wave transmitting/receiving device according to claim 7, but doesn’t explicitly teach wherein the bending vibration plate and the hole have an X-shape as viewed in a direction along a central axis of the driving element.
SPRINKLE teaches the bending vibration plate and the hole have an X-shape as viewed in a direction along a central axis of the driving element ([0039]; [0041]; [0048]; Fig. 7: The protrusions may be curved, as shown in FIG. 3, straight, as present in an `X` or multi-sided star shape, or a combination of curved and straight […] FIG. 7 illustrates an aperture shape 740 of an aperture 730, the aperture shape 740 being an opening in an aperture frame 750. The example aperture shape 740 resembles an `X` shape […]).
Examiner’s Note
Examiner has pointed out particular references contained in the prior art of record in the body of this action for the convenience of the Applicant. However, any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CHEN, (US 2024/0147139 A1) teaches acoustic device and holder flattening frequency response.
KENT (US 2020/0186937 A1) teaches electroacoustic transducer array.
Burton (US 2009/0129613 A1) teaches acoustic device.
Debban (Patent No.: US 6,778,745 b2) teaches optical fiber cable apparatus having encased ribbon stack.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIE M N'DURE whose telephone number is (571)272-6031. The examiner can normally be reached on 8AM-5:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Isam Alsomiri can be reached on 571-272-6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMIE M NDURE/Examiner, Art Unit 3645
/ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645
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