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 06/26/2026 has been entered. Claims 1-11 remain pending in the application.
Response to Arguments
Applicant's arguments filed 06/26/2026 have been fully considered but they are not persuasive. The affidavit under 37 CFR 1.130(a) filed 06/26/2026 is insufficient to overcome the rejection of claims 1-11 based upon 35 USC 102 and 103 as set forth in the previous Office Action dated 03/26/2026. While the affidavit states that the subject matter disclosed in Kim that is relied upon in the Office Action was disclosed by the inventor (Joon-Mo Yang) or was obtained directly or indirectly from the inventor, this alone is insufficient.
The reference relied upon, Kim, includes 10 authors including the inventor Joon-Mo Yang. Where the authorship of the prior art disclosure includes the inventor or joint inventor named in the application, there needs i) an “unequivocal” statement from the inventor or a joint inventor that he/she (or some specific combination of named joint inventors) invented the subject matter of the disclosure, accompanied by ii) a reasonable explanation of the presence of additional authors, which would be acceptable in the absence of evidence to the contrary. See MPEP § 717.01(a)(1).
Since the affidavit submitted by the applicant is insufficient due to the reasons stated above, the pending claims remain rejected as articulated in the previous Non-Final Office Action dated 03/26/2026.
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 1-3 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (“Intra-instrument channel workable…”).
Regarding claim 1, Kim teaches a scanning tip for a photoacoustic-ultrasonic mini-probe (Fig. 1 and caption of figure 1), the scanning tip comprising:
a transducer base (brass base) having a through-hole and having a first inclined surface located on one side of the through-hole and a second inclined surface located on the other side of the through hole to be mutually symmetrical about a central axis of the through-hole (Fig. 1c, Page 3, 4th paragraph left column, “…we employed the dual transducers that were placed symmetrically with respect to the optical beam, as depicted in Fig. 1(c); the figure reveals that the dual transducers were affixed onto the two inclined surfaces at a 17° angle to the z-axis…the prism be affixed around the 0.5-mm diameter hole of a brass base”);
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a first ultrasonic transducer arranged on the first inclined surface (Fig. 1c, Page 3 4th paragraph left column, “…we employed the dual transducers… the dual transducers were affixed onto the two inclined surfaces”);
a second ultrasonic transducer arranged on the second inclined surface (Fig. 1c, Page 3 4th paragraph left column, “…we employed the dual transducers… the dual transducers were affixed onto the two inclined surfaces”);
an optical fiber having an end arranged to a rear space of the transducer base, the rear space being opposite to a front space where the first ultrasonic transducer and the second ultrasonic transducer are arranged with respect to the transducer base (Fig. 1c, Page 3 1st paragraph left column); and
a prism configured to reflect a laser beam emitted from the end of the optical fiber to pass through the through-hole (Fig. 1c, Page 3 3rd paragraph left column, “Consequently, the laser beam diverging from the optical fiber tip was propagated in air… and finally focused after being reflected at the hypotenuse of a right-angle prism”).
Regarding claim 2, Kim teaches the invention as claimed above in claim 1.
Kim teaches the invention further comprising a GRIN lens interposed between the end of the optical fiber and the prism (Fig. 1c).
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Regarding claim 3, Kim teaches the invention as claimed above in claim 1.
Kim teaches the invention further comprising:
a first micro-coaxial cable connected to the first ultrasonic transducer (Fig. 1c); and
a second micro-coaxial cable connected to the second ultrasonic transducer (Fig. 1c);
wherein the first micro-coaxial cable is arranged in the front space of the transducer base where the first ultrasonic transducer and the second ultrasonic transducer are arranged, and the second micro-coaxial cable is bent to pass the rear space of the transducer base (Fig. 1c).
Regarding claim 6, Kim teaches the invention as claimed above in claim 1.
Kim teaches the invention further comprising a scanning tip casing (PFA tubing & SUS housing) configured to accommodate the transducer base, the first ultrasonic transducer, the second ultrasonic transducer, the optical fiber, and the prism inside the scanning tip casing, and has an opening region (imaging window; Pebax) corresponding to the through-hole, the first ultrasonic transducer, and the second ultrasonic transducer (Figs. 1b & 1c, wherein the imaging window comprises an opening region, and wherein the scanning tip case is PFA tubing and a stainless steel (SUS) tubular housing, Page 3 1st and 2nd paragraphs left column).
Regarding claim 7, Kim teaches the invention as claimed above in claim 6.
Kim further teaches wherein the scanning tip casing (PFA tubing & SUS housing) has a tube shape of a preset length, and has, on a side, the opening region corresponding to the through-hole, the first ultrasonic transducer, and the second ultrasonic transducer (Figs. 1b & 1c, Page 3 1st and 2nd paragraphs left column, “The distal section encapsulated by a stainless steel (SUS) tube had a length of 10 mm…commercial tubing – that is, Perfluoroalkoxy (PFA) for the 1.8-m long torque coil section”).
Regarding claim 8, Kim teaches the invention as claimed above in claim 7.
Kim further teaches wherein the scanning tip casing (PFA tubing & SUS housing) has an opening portion of which an end is open (Fig. 1b, Page 3 4th paragraph right column, “…finally sealed the distal tip using a plastic screw with a silicon O-ring”, wherein the distal tip comprising the PFA tubing shown in figure 1b has an opening portion for a screw to seal, wherein this opening portion comprises an opening portion of which an end is open).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (“Intra-instrument channel workable…”) in view of Eberle (US20070116408) and Minas (US20190247017).
Regarding claim 4, Kim teaches the invention as claimed above in claim 3.
Kim teaches the invention further comprising: a GRIN lens interposed between the end of the optical fiber and the prism (Fig. 1c).
However, Kim fails to explicitly teach a GRIN lens housing configured to fix the GRIN lens.
In an analogous ultrasound probe field of endeavor, Eberle teaches such a feature. Eberle teaches an imaging probe (110A) including transducer elements near its distal end (190) ([0030]). Moreover, Eberle teaches wherein the probe includes optical fibers (150) ([0027], [0031]). Eberle teaches wherein a GRIN lens (651) of the imaging probe may be secured in a spacer (617) or housing slot (619) of a housing (605) ([0049]). Eberle therefore teaches a GRIN lens housing configured to fix a GRIN lens.
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 Kim to include a GRIN lens housing for the GRIN lens as taught by Eberle ([0049]). A housing for the GRIN lens may predictably be used to secure or hold the GRIN lens as recognized by Eberle ([0049]). Securing the lens may predictably reduce risk of it rattling around and damaging or mispositioning itself.
However, the modified combination noted above fails to teach wherein the second micro-coaxial cable is arranged in a groove defined in the GRIN lens housing.
In an analogous ultrasound probe field of endeavor, Minas teaches such a feature. Minas teaches an ultrasound probe (102) including ultrasound transducers and can include a sensing assembly configured to obtain data associated with photoacoustic imaging (Fig. 1, [0032-0034]). Minas teaches wherein transducers (212) of the probe (102) are driven by an electrical cable (112) (Fig. 2, [0041]). Minas teaches Grooves (511, 512) may be formed on an outer surface of a distal inner member (500) comprising a housing (Figs. 5-6, [0056]). Minas teaches the electrical cable (112) is aligned within the grooves (511, 512) (Figs. 11-14, [0056], [0062]). Moreover, Minas teaches wherein a sheath (254) is placed over the housing (500) (Figs. 8-14, [0055]). Minas therefore teaches creating grooves in a housing to arrange cables in for connecting to transducer elements.
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 Kim in view of Eberle to create grooves in a housing, i.e. GRIN lens housing, for arranging a cable in as taught by Minas (Figs. 5-14, [0056], [0062]). The grooves may predictably allow for space to route cables and wiring through as recognized by Minas ([0056]), thereby improving compactness of the probe. Kim teaches wherein the second micro-coaxial cable is routed in a rear space and passes the GRIN lens as shown below in figure 1c.
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Kim modified by Eberle results in positioning of a GRIN lens housing in the rear space to fix the GRIN lens. Therefore, further modification with the teachings of Minas to create grooves in a housing to route cables through by one of ordinary skill in the art would predictably result in the creation of grooves in the GRIN lens housing for the purpose of routing the second micro-coaxial cable through the rear space.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (“Intra-instrument channel workable…”) in view of Courtney (US20080177139).
Regarding claim 5, Kim teaches the invention as claimed above in claim 3.
However, Kim fails to explicitly teach an optical fiber housing configured to fix the optical fiber, wherein the second micro-coaxial cable is arranged in a groove defined in the optical fiber housing.
In an analogous ultrasound probe field of endeavor, Courtney teaches such a feature. Courtney teaches an imaging probe (800) may comprise a combined ultrasound and optical imaging assembly ([0188]. Courtney teaches the probe (800) includes an optical fiber (804), a GRIN lens (802) and a prism (Figs. 15d-15e, [0188], [0195]). Moreover, Courtney teaches wherein the probe (800) includes an ultrasound transducer connected to a coaxial cable (805) (Figs. 15d-15e, [0188]). Courtney teaches wherein the coaxial cable (805) and the optical fiber (804) is housed and extend through grooves of an imaging conduit (34) (Figs. 15d-15e, [0188]). Figures 15d and 15e show wherein the imaging conduit (34) comprises a optical fiber housing for housing and fixing the optical fiber (804). Moreover, figures 15d and 15e show wherein the imaging conduit (34) comprising the optical fiber housing includes a groove for arranging the coaxial cable in (805). Courtney therefore teaches an optical fiber housing (34) configured to fix an optical fiber (804) and wherein a coaxial cable (805) is arranged in a groove defined in the optical fiber housing (34).
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 Kim to provide a housing with channels configured to fix optical fiber thereto and arrange a coaxial cable within as taught by Courtney (Figs. 15d-15e, [0188], [0195]). By fixing an optical fiber within an optical fiber housing, its alignment with other optical components such as a GRIN lens and/or prism may predictably be maintained. Moreover, by providing a groove within the housing for arranging a coaxial cable in, the coaxial cable may predictably and similarly be fixed, protected, and also have an efficient path for connecting to a transducer; the grooves may provide for improved compactness of the probe.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (“Intra-instrument channel workable…”) in view of Crowley (US20030208119).
Regarding claim 9, Kim teaches the invention as claimed above in claim 8.
However, Kim fails to teach the invention further comprising an epoxy portion configured to seal the end of the scanning tip casing and the opening portion.
In an analogous ultrasound probe field of endeavor, Crowley teaches such a feature. Crowley teaches a micro-acoustic imaging catheter (6) including an ultrasound transducer (10) (Fig. 1, [0074]). Crowley teaches wherein an epoxy may be used to seal an end (i.e. tip) of the catheter device ([0161]).
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 Kim to instead use epoxy to seal the end of the imaging device as taught by Crowley ([0161]). Epoxy may provide for a more permanent and reliable sealing mechanism as Kim teaches using a plastic screw with a silicon O-ring as a seal (Fig. 1b, Page 3 4th paragraph right column). Kim teaches wherein an end of the device includes a scanning tip casing comprising an opening portion (where the screw is). Therefore, Kim modified by the teachings of Crowley to use epoxy to seal the end of the device would predictably result in an epoxy portion configured to seal the end of the scanning tip casing and the opening portion.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (“Intra-instrument channel workable…”) in view of Minas ‘805 (US20220061805).
Regarding claim 10, Kim teaches the invention as claimed above in claim 8.
However, Kim fails to teach wherein the scanning tip casing has an epoxy injection hole adjacent to another end.
In an analogous ultrasound probe field of endeavor, Minas ‘805 teaches such a feature. Minas ‘805 teaches an ultrasound probe (102) comprising a transducer array (124) included in a scanner assembly (110) mounted near a distal end of the probe (102) (Fig. 1, [0035-0036]). Minas ‘805 teaches wherein the scanning assembly (110) includes a flexible substrate (214) and support member (230) which act as a housing of the device (102) (Figs. 3-4, [0045], [0054], see figures 3-4). Minas ‘805 teaches wherein epoxy (246) may be injected through an injection hole (235) adjacent to another end (opposite of distal end) to fill an inside of the scanning tip casing (214, 230) and to act as backing material (246) (Fig. 4, [0056], [0071], “Also visible are holes, apertures, or passageways 235 in the proximal flange 234 and support member 230, through which a backing material 246 (e.g., an epoxy in liquid or flowable form) may be introduced”). Figure 4 shows wherein the injection hole (235) is located or adjacent to another end, i.e. an end opposite to a distal end.
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 Kim to have the scanning tip casing include an epoxy injection hole adjacent to another end as taught by Minas ‘805 (Fig. 4, [0071]). The epoxy injection hole may predictably allow for injection of epoxy which may act as a backing material, and the backing material may improve mechanical stability and acoustic performance of transducer elements in a transducer region, i.e. scanning tip, as recognized by Minas ‘805 ([0071], [0081]).
Regarding claim 11, Kim in view of Minas ‘805 teaches the invention as claimed above in claim 10.
However, Kim fails to teach the invention further comprising an epoxy configured to fill an inside of the scanning tip casing through the epoxy injection hole.
In an analogous ultrasound probe field of endeavor, Minas ‘805 teaches such a feature. Minas ‘805 teaches an ultrasound probe (102) comprising a transducer array (124) included in a scanner assembly (110) mounted near a distal end of the probe (102) (Fig. 1, [0035-0036]). Minas ‘805 teaches wherein the scanning assembly (110) includes a flexible substrate (214) and support member (230) which act as a housing of the device (102) (Figs. 3-4, [0045], [0054], see figures 3-4). Minas ‘805 teaches wherein epoxy (246) may be injected through an injection hole (235) adjacent to another end (opposite to distal end) to fill an inside of the scanning tip casing (214, 230) and to act as backing material (246) (Fig. 4, [0056], “…any cavities between the flexible substrate 214 and the surface of the support member 230 are filled with a backing material 246”, [0071], “Also visible are holes, apertures, or passageways 235 in the proximal flange 234 and support member 230, through which a backing material 246 (e.g., an epoxy in liquid or flowable form) may be introduced”).
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 Kim to include an epoxy configured to fill an inside of the scanning tip casing through the epoxy injection hole as taught by Minas ‘805 (Fig. 4, [0056], [0071]). The epoxy may serve as backing material which may improve mechanical stability and acoustic performance of transducer elements in a transducer region, i.e. scanning tip, as recognized by Minas ‘805 ([0071], [0081]).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOMMY T LY whose telephone number is (571) 272-6404. The examiner can normally be reached M-F 12:00pm-8:00pm eastern time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOMMY T LY/ Examiner, Art Unit 3797
/JOSEPH M SANTOS RODRIGUEZ/ Primary Examiner, Art Unit 3797
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