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 .
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 1-20 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.
Regarding Claim 1, the limitation “wherein the backing material layer comprising at least one kind of a polyurea resin, an epoxy resin having a polyurethane structure, or an epoxy resin having a polyetheramine structure” is not a closed grouping of alternatives and is therefore indefinite. The language of “the backing material layer selected from the group consisting of polyurea resin, an epoxy resin having a polyurethane structure, and an epoxy resin having a polyetheramine structure” would resolve the issue. See MPEP 2117(I).
Similarly, Claim 4 presents an open-ended Markush grouping for the material of the heat radiation filler. Similar language suggested for claim 1 above would also resolve the issue.
Claims 2-3, 5-20 are rejected as being dependent from a rejected claim.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach or suggest an ultrasonic endoscope with backing material layer selected from the group consisting of polyurea resin, an epoxy resin having a polyurethane structure, and an epoxy resin having a polyetheramine structure as required by claim 1, in combination with intervening limitations. The advantage of the claimed invention includes utilization of hybrid networks that combine the structural strength of epoxy resin with dampening softness of polyurethanes and/or polyureas. The acoustic impedance and internal loss tangents can be precisely tuned through the polymer architecture, which is particularly advantageous for small ultrasound transducers, as in endoscopes.
Exemplary prior art US 20220361845 to Kinomoto teaches a very similar structural arrangement as the claimed invention, including a tubular member comprising a metal, ultrasonic oscillator that is provided along an outer peripheral surface of the tubular member, and a backing material layer that is provided between the ultrasonic oscillator and the tubular member (see Figure 3 compared to the instant Figure 3). However, Kinomoto does not teach the backing layer comprising the claimed materials. Kinomoto is silent with respect to the material of the backing layer.
US 20250352177 to Furukawa teaches ultrasound transducer backing materials of the claimed materials (see Abstract), but is not available as prior art. Further, Furukawa is not being used in an endoscopic configuration surrounding a metal tubular member.
US 20210113187 to Morita is a representative selection of the conventional backing layer which is epoxy resin with particles added (probably tungsten particles) (par. 0037-0039). While materials such as polyurethane are also mentioned, these are not the same as epoxy resin having a polyurethane structure as claimed (which is a hybrid structure).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20210275136, 20230293148, 11653895, 12232908 to Stigall teaches an endoscopic ultrasound catheter with epoxy backing layer (par. 0098), US 20240130711, 20240225598, 12357271 to Morita teach epoxy backing layer and many other materials (par. 0037-0039), US 11202620 to Morimoto, US 20150173711 to Hiraoka, US 20090088646 to Nagano, US 20060241481 to Itoi teach a similar structural arrangement of an endoscopic ultrasonic imaging device but does not teach the backing layer material claimed, US 8354773 to Oliver teaches mixing composite materials to form a cured resin backing layer in an ultrasound transducer but does not teach the materials claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA MARIE HOFFA whose telephone number is (571)270-7408. The examiner can normally be reached Monday - Friday 9:30 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANGELA M. HOFFA
Primary Examiner
Art Unit 3799
/Angela M Hoffa/Primary Examiner, Art Unit 3799
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