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 Species Grouping I in the reply filed on 5/12/26 is acknowledged. Applicant has cancelled claims 10-13 specific to the non-elected Species Groupings II and III. Claims 8-9 are specific to the elected Species Grouping I and are under consideration in this Office Action.
Claim Objections
Claims 1, 3, and 6 are objected to because of the following informalities:
Claim 1, line 1 recites “A handpiece for ultrasound treatment uses the therapeutic ultrasound generation device , the handpiece comprising:” This should read “A handpiece for ultrasound treatment using a therapeutic ultrasound generation device
Claim 3, line 1 recites “A handpiece for ultrasound treatment uses the therapeutic ultrasound generation device, the handpiece comprising:” This should read “A handpiece for ultrasound treatment using a therapeutic ultrasound generation device
Claim 6 recites “A handpiece for ultrasound treatment uses the therapeutic ultrasound generation device, the handpiece comprising:” This should read “A handpiece for ultrasound treatment using a therapeutic ultrasound generation device
Appropriate correction is required.
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 1-9 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, line 1 recites “[a] handpiece for ultrasound treatment uses the therapeutic ultrasound generation device.” There is insufficient antecedent basis for this limitation in the claim.
Claim 3, line 1 recites “[a] handpiece for ultrasound treatment uses the therapeutic ultrasound generation device.” There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites “[a] handpiece for ultrasound treatment uses the therapeutic ultrasound generation device.” There is insufficient antecedent basis for this limitation in the claim.
Claims 2, 4-5, and 7-9 are rejected as depending from and incorporating all the limitations of independent claims 1, 3, and 6, respectively.
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.
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.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (U.S. Pub. No. 2018/0353778), hereinafter “Jeong,” in further view of Jung (U.S. Pub. No. 2016/0038771), hereinafter “Jung.”
Regarding claim 1, Jeong discloses the therapeutic ultrasound generation device (a therapeutic ultrasonic wave generating device, Abstract, [0001], Figs. 1-2), comprising:
an ultrasonic transducer unit (transducer configured to generate ultrasonic waves, [0017], Fig. 2);
a cartridge housing unit in which the ultrasonic transducer unit is positioned therein (transducer is positioned within a cartridge casing unit, [0045], [0053], Fig. 2);
an inclined block unit positioned in the cartridge housing unit, having an inclined surface on a lower surface thereof, and supporting an upper surface of the ultrasonic transducer unit, thereby positioning the ultrasonic transducer unit to be inclined with respect to a rotational central axis direction (ultrasonic wave generating unit is continuously tilted with a constant radius of 360 degrees along the rotational axial direction of the motor shaft, [0047], [0054]; focus rotation movement unit forces the ultrasonic wave generating unit to be continuously tilted at a center of the motor shaft of the rotating motor, [0023], [0027]-[0036], [0052]-[0054]); and
a rotating motor configured to rotate the inclined block unit (rotating motor rotates the focus rotation movement unit, [0023], [0027], [0054]),
wherein the ultrasonic transducer unit is disposed inclined with respect to the rotational central axis direction, thereby being configured to generate ultrasonic waves in an inclined direction (ultrasonic wave generating unit is continuously tilted with a constant radius of 360 degrees along the rotational axial direction of the motor shaft, [0047], [0054]; focus rotation movement unit forces the ultrasonic wave generating unit to be continuously tilted at a center of the motor shaft of the rotating motor, [0023], [0027]-[0036], [0052]-[0054]; ultrasound waves are generated in an inclined direction, Figs. 2 and 4).
However, while Jeong discloses the therapeutic ultrasound generation device may be connected to a main body ([0020]-[0021]), Jeong does not appear to disclose a handpiece for ultrasound treatment; and a body housing unit to which the cartridge housing unit is detachably coupled.
However, in the same field of endeavor of ultrasound generation devices, Jung teaches a handpiece for ultrasound treatment uses the therapeutic ultrasound generation device (a handpiece for ultrasound treatment using an ultrasound generating device, Abstract, [0001], [0007]), the handpiece comprising:
an ultrasonic transducer unit (an ultrasound transducer, Abstract, [0008]);
a cartridge housing unit in which the ultrasonic transducer unit is positioned therein (transducer is located within the cartridge housing, Abstract, [0008]);
a body housing unit to which the cartridge housing unit is detachably coupled (a main body housing to which a which the cartridge housing is detachably coupled, Abstract, [0008]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Jung’s known technique of detachably connecting the cartridge housing unit to a main housing body and a handpiece for ultrasound treatment to Jeong’s known apparatus of an ultrasound transducer, inclined block, and rotating motor positioned within a cartridge housing unit to achieve the predictable result that this provides a handheld main body housing by which to control the ultrasound transducer within a separable/detachable liquid/medium filled cartridge. See, e.g., Jeong paragraphs [0020]-[0021] and Jung Abstract and paragraphs [0008], [0030]-[0032].
Regarding claim 2, Jeong discloses a ball joint unit (a plurality of protruding parts with rounded, i.e., balled ends, [0027], Figs. 1-4; ball body, [0030], Figs. 1-4; ball support fixture, [0036], Figs. 1-4) to which the ultrasonic transducer unit is rotatably coupled (ultrasonic wave generating unit is rotatably coupled with the plurality of protruding parts with rounded, i.e., balled ends, the ball body, and ball support fixture, [0027]-[0030], [0036], Figs. 1-4) is protrudingly positioned on a center of the inclined block unit (plurality of protruding parts with rounded, i.e., balled, ends are centered about the focus rotation movement unit, e.g., the rotation plate part, [0027]-[0028], Figs. 2-4; ball body and the ball support fixture, i.e., the shaft of the ball body, are protrudingly positioned on a center of the focus rotation movement unit, e.g., the rotation plate part, [0029]-[0030], [0036], Figs. 2-4), a plurality of support ball members (a plurality of protruding parts with rounded, i.e., balled, ends, [0027], Figs. 1-4) configured to be rotated (a plurality of protruding parts with rounded, i.e., balled, ends, are configured to be rotated, [0027]-[0028], Figs 3-4) while supporting the upper surface of the ultrasonic transducer unit (a plurality of protruding parts with rounded, i.e., balled, ends contact and support the upper surface of the ultrasonic wave generating unit causing it to be tilted, [0027]-[0028], Figs. 2-4) is protrudingly positioned on the lower surface of the inclined block unit (a plurality of protruding parts with rounded, i.e., balled, ends, are disposed on the focus rotation movement unit, e.g., the rotation plate part, [0027]-[0028], Figs. 1-4), and the ultrasonic transducer unit is coupled to a ball body of the ball joint unit (ultrasonic wave generating unit is coupled with the ball body, [0030], Figs. 1-4) and the upper surface of the ultrasonic transducer unit is supported while being in contact with the plurality of support ball members (plurality of protruding parts with rounded, i.e. balled, ends are in contact with the upper surface of the ultrasonic wave generating unit, [0027], Figs. 2-4), so that the ultrasonic transducer unit is positioned inclined (plurality of protruding parts with rounded, i.e. balled, ends forces the ultrasonic wave generating unit to be titled, [0027], Figs. 2-4).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong and in further view of Clark (U.S. Pub. No. 2021/0275151), hereinafter “Clark.”
Regarding claim 3, Jeong discloses the therapeutic ultrasound generation device (a therapeutic ultrasonic wave generating device, Abstract, [0001], Figs. 1-2), comprising:
an ultrasonic transducer unit (transducer configured to generate ultrasonic waves, [0017], Fig. 2);
a cartridge housing unit in which the ultrasonic transducer unit is positioned therein (transducer is positioned within a cartridge casing unit, [0045], [0053], Fig. 2);
an inclined block unit positioned in the cartridge housing unit, having an inclined surface on a lower surface thereof, and supporting an upper surface of the ultrasonic transducer unit, thereby positioning the ultrasonic transducer unit to be inclined with respect to a rotational central axis direction (ultrasonic wave generating unit is continuously tilted with a constant radius of 360 degrees along the rotational axial direction of the motor shaft, [0047], [0054]; focus rotation movement unit forces the ultrasonic wave generating unit to be continuously tilted at a center of the motor shaft of the rotating motor, [0023], [0027]-[0036], [0052]-[0054]); and
a rotating motor configured to rotate the inclined block unit (rotating motor rotates the focus rotation movement unit, [0023], [0027], [0054]),
further comprising a torsion member (division film body has an excellent strain rate thereby being allowed to freely fold and spread and is composed of resilient materials such as resin, synthetic rubber, or water-repellant cloth, [0045]) which has a first end portion connected to the ultrasonic transducer unit and which has a second end portion connected to the cartridge housing unit (division film body has an inner side fastened to the ultrasonic wave generating unit and an outer side fastened to an inner surface of the cartridge casing unit, [0044]-[0047]).
However, while Jeong discloses the therapeutic ultrasound generation device may be connected to a main body ([0020]-[0021]), Jeong does not appear to disclose a handpiece for ultrasound treatment; and a body housing unit to which the cartridge housing unit is detachably coupled.
However, in the same field of endeavor of ultrasound generation devices, Jung teaches a handpiece for ultrasound treatment uses the therapeutic ultrasound generation device (a handpiece for ultrasound treatment using an ultrasound generating device, Abstract, [0001], [0007]), the handpiece comprising:
an ultrasonic transducer unit (an ultrasound transducer, Abstract, [0008]);
a cartridge housing unit in which the ultrasonic transducer unit is positioned therein (transducer is located within the cartridge housing, Abstract, [0008]);
a body housing unit to which the cartridge housing unit is detachably coupled (a main body housing to which a which the cartridge housing is detachably coupled, Abstract, [0008]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Jung’s known technique of detachably connecting the cartridge housing unit to a main housing body and a handpiece for ultrasound treatment to Jeong’s known apparatus of an ultrasound transducer, inclined block, and rotating motor positioned within a cartridge housing unit to achieve the predictable result that this provides a handheld main body housing by which to control the ultrasound transducer within a separable/detachable liquid/medium filled cartridge. See, e.g., Jeong paragraphs [0020]-[0021] and Jung Abstract and paragraphs [0008], [0030]-[0032].
However, while Jeong discloses a torsion member that is freely folded and spread and connected to the ultrasonic wave generating unit and cartridge casing, Jeong does not appear to disclose the torsion member is a bar.
However, in the same field of endeavor of ultrasound generation devices, Clark teaches a torsion bar member (compliant component is a metal strip, [0030], Figs. 2-5).
Additionally, Clark teaches the torsion bar member has a first end portion connected to the ultrasonic transducer unit (parallel portion of compliant component is connected to the ultrasound transducer assembly via the backing subassembly of the ultrasound transducer assembly, [0024], [0030]-[0031], Figs. 2-5) and has a second end portion connected to the housing unit (compliant component couples the transducer assembly to the housing, [0036]; parallel portion of compliant component is connected to the housing via the PCA cladding on the interior surface of the housing, [0032]-[0033]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Clark’s known technique of providing a compliant metal strip to couple the transducer assembly to the housing to Jeong in further view of Jung’s known apparatus incorporating a foldable and spreadable body coupling the ultrasonic wave generating unit and the inner surface of the cartridge casing unit to achieve the predictable result of reducing damage to the transducer assembly by dampening the force exerted by sudden acceleration on the transducer assembly through movement relative to the housing. See, e.g., Clark, [0036].
Regarding claim 4, while Jeong discloses a torsion member that is freely folded and spread and connected to the ultrasonic wave generating unit and cartridge casing, Jeong does not appear to disclose torsion member is a torsion bar member comprising: a first mounting unit mounted on the ultrasonic transducer unit; a second mounting unit mounted on an inner surface of the cartridge housing unit; and a torsion spring unit having opposite end portions thereof respectively connected to the first mounting unit and the second mounting unit, the torsion spring unit absorbing shock with torsional elasticity.
However, in the same field of endeavor of ultrasound generation devices, Clark teaches a torsion bar member (compliant component is a metal strip, [0030], Figs. 2-5) comprising:
a first mounting unit mounted on the ultrasonic transducer unit (parallel portion of compliant component is connected to the ultrasound transducer assembly via the backing subassembly of the ultrasound transducer assembly, [0024], [0030]-[0031], Figs. 2-5);
a second mounting unit mounted on an inner surface of the housing unit (compliant component couples the transducer assembly to the housing, [0036]; parallel portion of compliant component is connected to the housing via the PCA cladding on the interior surface of the housing, [0032]-[0033]); and
a torsion spring unit having opposite end portions thereof respectively connected to the first mounting unit and the second mounting unit (compliant component comprises two or more substantially parallel portion of a metal strip spaced apart and joined by one or more substantially perpendicular portions of the metal strip such as a metal S-shaped spring, [0030]-[0031], Figs. 2-5), the torsion spring unit absorbing shock with torsional elasticity (compliant component is deformable along one or more compression directions to maintain alignment and bias the transducer toward its home position, [0024], [0030], [0034]-[0035], [0042], [0036]; see also MPEP 2114 I.),
Additionally, Clark teaches the torsion bar member has a first end portion connected to the ultrasonic transducer unit (parallel portion of compliant component is connected to the ultrasound transducer assembly via the backing subassembly of the ultrasound transducer assembly, [0024], [0030]-[0031], Figs. 2-5) and has a second end portion connected to the housing unit (compliant component couples the transducer assembly to the housing, [0036]; parallel portion of compliant component is connected to the housing via the PCA cladding on the interior surface of the housing, [0032]-[0033]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Clark’s known technique of providing a compliant metal strip to couple the transducer assembly to the housing to Jeong in further view of Jung’s known apparatus incorporating a foldable and spreadable body coupling the ultrasonic wave generating unit and the inner surface of the cartridge casing unit to achieve the predictable result of reducing damage to the transducer assembly by dampening the force exerted by sudden acceleration on the transducer assembly through movement relative to the housing. See, e.g., Clark, [0036].
Regarding claim 5, Jeong discloses the ultrasonic transducer unit is configured to be continuously inclined in all directions of 360 degrees with respect to the rotational central axis direction (ultrasonic wave generating unit is continuously tilted with a constant radius of 360 degrees along the rotational axial direction of the motor shaft, [0047], [0054]; focus rotation movement unit forces the ultrasonic wave generating unit to be continuously tilted at a center of the motor shaft of the rotating motor, [0023], [0027]-[0036], [0052]-[0054]; constant radius is a short radius at a uniform depth under the skin such as at focus C, Abstract, [0001], [0007]-[0009], [0018], [0023], [0041], [0051]-[0052], [0055]-[0057], Fig. 2), so that a focus of ultrasonic waves generated from the ultrasonic transducer unit is moved such that the focus is formed in a circular shape on the same plane (constant radius is a short radius at a uniform depth under the skin at focus C forming a circular shape on the same plane, Abstract, [0001], [0007]-[0009], [0018], [0023], [0041], [0051]-[0052], [0055]-[0057], Fig. 2).
Allowable Subject Matter
Claims 6-9 would be allowable if rewritten to overcome the objection to claim 6 and the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jung (U.S. Pub. No. 2017/0303888) discloses a compression spring disposed about the center shaft of rotation for angling the head of the US device to provide a uniform scanning plane.
Chou et al. (U.S. Pub. No. 2020/0015876) discloses a plurality of springs disposed about the center shaft of rotation for angling the head of the US device to improve stability.
Saeki (U.S. Pub. No. 2017/0079614) discloses a compression spring disposed about the center shaft of rotation for angling the head of the US device to reduce vibration.
Jeong (KR20160043471) discloses a plurality of springs disposed about the center shaft of rotation for angling the head of the vibration device to reduce vibration.
Jeong (U.S. Pub. No. 2019/0134430 sharing the same disclosure as KR101677903) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner.
Jeong (WO2018/124479) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner.
Jeong (WO2017/209421) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner.
Jeong (WO2017/176009) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner.
Jeong (WO2017/091013) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner wherein the handpiece is disposed on the side of the cartridge housing.
Jeong (WO2017/007269) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner wherein the handpiece is disposed on the side of the cartridge housing.
Barthe (U.S. Pub. No. 2011/0112405) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner wherein the handpiece is disposed on the side of the cartridge housing.
Park et al. (U.S. Pub. No. 2019/0366129) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner wherein the handpiece is disposed on the side of the cartridge housing.
Park et al. (U.S. Pub. No. 2017/0303895) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner wherein the handpiece is disposed on the side of the cartridge housing.
Lee et al. (U.S. Pub. No. 2016/0175619) discloses a handpiece of a main body unit coupled to a cartridge for the ultrasound transducer in a detachable manner wherein the handpiece is disposed on the side of the cartridge housing.
Nygaard et al. (U.S. Pub. No. 2004/0054288) discloses a handpiece of a main body unit coupled to a housing for the ultrasound transducer using a rotatable joint with pre-spaced grooves and a corresponding spring-biased ball or pawl.
Shin et al. (WO2019/164050) discloses a handpiece coupled to a housing for the ultrasound transducer using a rotatable joint with pre-spaced grooves and a corresponding spring-biased ball.
Hetz (U.S. Patent No. 4,535,781) discloses a handpiece of a main body unit coupled to a housing for the ultrasound transducer using a rotatable joint with pre-spaced grooves and a corresponding spring-biased ball or pawl.
Marian (U.S. Patent No. 5,617,866) discloses a handpiece of a main body unit coupled to a side of a housing for the ultrasound transducer using a rotatable joint.
Burns et al. (U.S. Pub. No. 2013/0263438) discloses a handpiece coupled to a side of a housing for an ultrasound transducer in a detachable manner using a rotatable joint and with a neck bent toward an upper portion of the housing.
Sakaguchi et al. (U.S. Pub. No. 2013/0261460) discloses a handpiece coupled to a side of a housing for an ultrasound transducer using a rotatable joint.
Grim et al. (U.S. Pub. No. 2020/0305927) discloses a handpiece coupled to a side of a housing for an ultrasound transducer with a neck bent toward an upper portion of the housing.
Hagy et al. (U.S. Pub. No. 2014/0275990) discloses a handpiece coupled to a side of a housing for an ultrasound transducer with a neck bent toward an upper portion of the housing.
Ridley et al. (U.S. Pub. No. 2005/0101868) discloses a handpiece coupled to a side of a housing for an ultrasound transducer with a neck bent toward an upper portion of the housing.
Yang et al. (U.S. Pub. No. 2020/0229796) discloses a handpiece coupled to a side of a housing for an ultrasound transducer.
Booton et al. (U.S. Pub. No. 2006/0173331) discloses a handpiece coupled to a side of a housing for an ultrasound transducer.
Young et al. (U.S. Patent No. 5,549,544) discloses a handpiece coupled to a side of a housing for an ultrasound transducer.
Chen et al. (U.S. Pub. No. 2018/0021014) discloses a handpiece coupled to a side of a housing for an ultrasound transducer.
Yamamoto (U.S. Pub. No. 2012/0078110) discloses a handpiece coupled to a side of a housing for an ultrasound transducer.
Wright (U.S. Pub. No. 2015/0320385) discloses a handpiece coupled to a side of a housing for an ultrasound transducer.
Groningen et al. (U.S. Pub. No. 2011/0230794) discloses a handpiece coupled to a side of a housing for an ultrasound transducer.
Glenn (U.S. Patent No. 4,246,791) discloses a handpiece coupled to a side of a housing for an ultrasound transducer.
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/Johnathan Maynard/Examiner, Art Unit 3798
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