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.
Claims 1 and 15 recite the limitation "the back end" in lines 35 and 36, respectively. There is insufficient antecedent basis for this limitation in the claim.
Claims 3 and 17 state “wherein the first bond line and the second bond line are sealed together by an adhesive”. It is unclear as to whether “the first bond line” and “the second bond line” are referring back to the corresponding bond lines of the inner housing or the probe case.
The term “relatively high offset” in claims 5 and 19 is a relative term which renders the claim indefinite. The term “relatively high offset” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The written description has not provided upper and lower bounds for the relative term defined in the claims.
Claims 5 and 19 discloses “a position near the lens” and “a position farther from the lens”. It is unclear as to what is considered “near” the lens as this is a relative term which renders the claim indefinite. The term “near the lens” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The written description has not provided upper and lower bounds for the relative term defined in the claims. Further, it is unclear as to what is considered “farther” from the lens as the claim does not define the relation for which the position is farther from.
Claims 6 and 20 state “the offset”. It is unclear as to whether “the offset” is referring to “the first bond line of the probe case and the first bond line of the inner housing are offset from each other in the height direction” as disclosed in claims 1 and 15 or is “the offset” is referring to “the second bond line of the probe case and the second bond line of the inner housing are mutually offset” as disclosed in claims 2 and 16.
Claims 6 and 20 disclose “the offset is at least 3 mm”. It is unclear as to how the range can be open ended.
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 (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 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.
Claim(s) 1-5, 7, 8 and 10-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loype et al (2022/0395256).
Regarding claim 1, Loype et al disclose an ultrasound probe (fig.8 – Examiner notes the TEE probe 406 is constructed similarly to TEE probe 106 and that portions of the prior art which are relied upon will refer back to the TEE probe 106 to provide details of the structure), comprising:
an ultrasonic transducer provided at a front end of the ultrasonic probe (transducer elements 482/array 484 – fig. 10);
a probe case (housing 436 which is formed similarly to housing 136 – [0048]; fig. 8);
an inner housing provided inside the probe case (enclosure 442 – [0048]; fig.9); and
an electronic circuit connected to the ultrasonic transducer and provided inside the inner housing (electronic circuitry 202 – [0042]; fig.6);
wherein:
the probe case includes an upper surface and a bottom surface facing each other (top portion 138 is formed similarly to bottom portion 140 – [0034]; fig.6), and a first side surface connected to the upper surface and the bottom surface (side walls – fig.6);
the upper surface and the bottom surface of the probe case both have a width greater than a height of the first side surface of the probe case (fig.8);
the probe case has at least an upper surface side portion and a bottom surface side portion (side walls corresponding to the top portion and bottom portion – fig.6);
the upper surface side portion of the case includes the upper surface of the probe case (side of top portion 138 – fig.6);
the bottom surface side portion of the probe case includes the bottom surface of the probe case (side of bottom portion 140 – fig.6);
the upper surface side portion and the bottom surface side portion of the probe case are joined together at a first bond line to form the first side surface of the probe case (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]);
the first bond line of the probe case is provided on the first side surface and extends between the front end of the ultrasonic probe and the back end of the ultrasonic probe (fig.8);
the inner housing includes and upper surface and bottom surface that face each other (insulating enclosure 142 – [0043]; fig.6), and a first side surface connected to the upper surface and the bottom surface (side surface as seen in fig.5);
the upper surface and bottom surface of the inner housing both have a width greater than the height of the first side surface of the inner housing (fig.5);
the inner housing has at least an upper surface side portion and a bottom surface side portion (fig.5);
the upper surface side portion of the inner housing includes the upper surface of the inner housing (fig.5);
the bottom surface side portion of the inner housing includes the bottom surface of the inner housing (fig.5);
the upper surface side portion and the bottom surface side portion of the inner housing are joined together at a first bond line to form the first side surface of the inner housing (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]);
the first bond line of the inner housing is provided on the first side surface and extends between the front end and the back end of the ultrasonic probe (fig.5); and
the first bond line of the probe case and the first bond line of the inner housing are offset from each other in a height direction (figs.5 and 7).
Regarding claim 2, Loype et al disclose wherein the probe case includes a second side surface provided on an opposite side of the first side surface and connected to the upper surface and the bottom surface (side walls – fig.6);
the upper surface and the bottom surface of the probe case both have a width greater than the height of the second side surface of the probe case (fig.8);
the upper surface side portion and the bottom surface side portion of the probe case are joined together at a second bond line (fig.6; the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]);
the second bond line of the probe case is provided on the second side surface and extends between the front end and the back end of the ultrasonic probe (fig.8);
the inner housing includes a second side surface provided on an opposite side of the first side surface and connected to the upper surface and the bottom surface (fig.5);
the upper surface and the bottom surface of the inner housing both have a width greater than the height of the second side surface of the inner housing (fig.5);
the upper surface side portion and the bottom surface side portion of the inner housing are joined to one another at a second bond line (fig.5);
the second bond line of the inner housing is provided on the second side surface and extends between the front end and the back end of the ultrasonic probe (fig.8); and
the second bond line of the probe case and the second bond line of the inner housing are mutually offset (figs.5 and 7).
Regarding claim 3, Loype et al disclose wherein the first bond line and the second bond line are sealed together by an adhesive (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]).
Regarding claim 4, Loype et al disclose further comprising: a power supply part provided at the back end of the ultrasonic probe (figs.6 and 8) and connected to the electronic circuit (control/power wiring 135 and electronics 202 – fig.6); wherein the upper surface side portion and the bottom surface side portion of the inner housing, the ultrasonic transducer, and the power supply part art mutually sealed together to prevent liquid from penetrating into the inside of the inner housing (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]).
Regarding claim 5, Loype et al disclose further comprising: a lens covering the ultrasonic transducer (acoustic lens 514 – [0050]); wherein the first bond line and/or the second bond line have a relatively high offset height at a position near the lens and a lower offset height at a position farther from the lens (first bond line of 142 – fig.5).
Regarding claim 7, Loype et al disclose wherein the ultrasonic probe has a rectangular cross-section in a plane perpendicular to a longitudinal axis extending from the front end to the back end (fig.8).
Regarding claim 8, Loype et al disclose wherein the ultrasonic probe is a convex type or a linear type ultrasonic probe (TEE probe with a convex, linear or other configuration – [0048]).
Regarding claim 10, Loype et al disclose wherein the upper surface side portion and the bottom surface side portion of the probe case, the ultrasonic transducer, and the power supply part are mutually sealed together by an adhesive to prevent liquid from penetrating into the inside of the probe case (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]).
Regarding claim 11, Loype et al disclose wherein the upper surface side portion and the bottom surface side portion of the inner housing both include a step having a shape complementary to a position of the first and/or second bond line of the inner housing (step on each side portion of the insulating enclosure 142 – fig.6).
Regarding claim 12, Loype et al disclose wherein the shape of an outer surface of the inner housing is formed along a shape of an inner surface of the probe case (fig.5).
Regarding claim 13, Loype et al disclose wherein one of the upper surface side portion and the bottom surface side portion of the probe case includes a protruding part provided adjacent to the first side surface of the probe case (protrusion on side of 169 – fig.6); and the other of the upper surface side portion and the bottom surface side portion of the probe cause is provided with a recessed part for receiving the protruding portion (the lower end 160 of the body 156 of the top portion 138 is dimensioned to closely conform the lip 150 of the bottom portion 140 when the top portion 138 and the bottom portion 140 are assembled to form the housing 136 – [0134]; fig.6).
Regarding claim 14, Loype et al disclose wherein the power supply part includes a cable that connects to an ultrasound diagnostic device (wiring sheath 403 – [0048]; fig.8).
Regarding claim 15, Loype et al disclose an ultrasound diagnostic device, comprising:
an ultrasound probe (fig.8 – Examiner notes the TEE probe 406 is constructed similarly to TEE probe 106 and that portions of the prior art which are relied upon will refer back to the TEE probe 106 to provide details of the structure), comprising:
an ultrasonic transducer provided at a front end of the ultrasonic probe (transducer elements 482/array 484 – fig. 10);
a probe case (housing 436 which is formed similarly to housing 136 – [0048]; fig. 8);
an inner housing provided inside the probe case (enclosure 442 – [0048]; fig.9); and
an electronic circuit connected to the ultrasonic transducer and provided inside the inner housing (electronic circuitry 202 – [0042]; fig.6);
wherein:
the probe case includes an upper surface and a bottom surface facing each other (top portion 138 is formed similarly to bottom portion 140 – [0034]; fig.6), and a first side surface connected to the upper surface and the bottom surface (side walls – fig.6);
the upper surface and the bottom surface of the probe case both have a width greater than a height of the first side surface of the probe case (fig.8);
the probe case has at least an upper surface side portion and a bottom surface side portion (side walls corresponding to the top portion and bottom portion – fig.6);
the upper surface side portion of the case includes the upper surface of the probe case (side of top portion 138 – fig.6);
the bottom surface side portion of the probe case includes the bottom surface of the probe case (side of bottom portion 140 – fig.6);
the upper surface side portion and the bottom surface side portion of the probe case are joined together at a first bond line to form the first side surface of the probe case (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]);
the first bond line of the probe case is provided on the first side surface and extends between the front end of the ultrasonic probe and the back end of the ultrasonic probe (fig.8);
the inner housing includes and upper surface and bottom surface that face each other (insulating enclosure 142 – [0043]; fig.6), and a first side surface connected to the upper surface and the bottom surface (side surface as seen in fig.5);
the upper surface and bottom surface of the inner housing both have a width greater than the height of the first side surface of the inner housing (fig.5);
the inner housing has at least an upper surface side portion and a bottom surface side portion (fig.5);
the upper surface side portion of the inner housing includes the upper surface of the inner housing (fig.5);
the bottom surface side portion of the inner housing includes the bottom surface of the inner housing (fig.5);
the upper surface side portion and the bottom surface side portion of the inner housing are joined together at a first bond line to form the first side surface of the inner housing (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]);
the first bond line of the inner housing is provided on the first side surface and extends between the front end and the back end of the ultrasonic probe (fig.5); and
the first bond line of the probe case and the first bond line of the inner housing are offset from each other in a height direction (figs.5 and 7).
Regarding claim 16, Loype et al disclose wherein the probe case includes a second side surface provided on an opposite side of the first side surface and connected to the upper surface and the bottom surface (side walls – fig.6);
the upper surface and the bottom surface of the probe case both have a width greater than the height of the second side surface of the probe case (fig.8);
the upper surface side portion and the bottom surface side portion of the probe case are joined together at a second bond line (fig.6; the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]);
the second bond line of the probe case is provided on the second side surface and extends between the front end and the back end of the ultrasonic probe (fig.8);
the inner housing includes a second side surface provided on an opposite side of the first side surface and connected to the upper surface and the bottom surface (fig.5);
the upper surface and the bottom surface of the inner housing both have a width greater than the height of the second side surface of the inner housing (fig.5);
the upper surface side portion and the bottom surface side portion of the inner housing are joined to one another at a second bond line (fig.5);
the second bond line of the inner housing is provided on the second side surface and extends between the front end and the back end of the ultrasonic probe (fig.8); and
the second bond line of the probe case and the second bond line of the inner housing are mutually offset (figs.5 and 7).
Regarding claim 17, Loype et al disclose wherein the first bond line and the second bond line are sealed together by an adhesive (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]).
Regarding claim 18, Loype et al disclose further comprising: a power supply part provided at the back end of the ultrasonic probe (figs.6 and 8) and connected to the electronic circuit (control/power wiring 135 and electronics 202 – fig.6); wherein the upper surface side portion and the bottom surface side portion of the inner housing, the ultrasonic transducer, and the power supply part art mutually sealed together to prevent liquid from penetrating into the inside of the inner housing (the components can be affixed to one another utilizing any suitable adhesive, such as a high thermal conductivity epoxy having a suitable bond line – [0052]).
Regarding claim 19, Loype et al disclose further comprising: a lens covering the ultrasonic transducer (acoustic lens 514 – [0050]); wherein the first bond line and/or the second bond line have a relatively high offset height at a position near the lens and a lower offset height at a position farther from the lens (first bond line of 142 – fig.5).
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.
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.
Claim(s) 6 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loype et al (2022/0395256).
Regarding claims 6 and 20, Loype et al disclose wherein the height of the upper surface side portion of the inner housing at the first side surface is lower than the height of the bottom surface side portion of the inner housing at the first side surface (height of upper surface side portion is shorter “lower” than the height of the bottom surface side portion – fig.5); the height of the upper surface side portion of the inner housing at the second side surface is lower than the height of the bottom surface side portion of the inner housing at the second side surface (height of upper surface side portion is shorter “lower” than the height of the bottom surface side portion – fig.5), but fail to explicitly disclose wherein the offset is at least 3 mm.
Applicant has not provided any criticality in the selection of an offset that is at least 3 mm. Changes in size and portion of a claimed device are not patentable distinct from the prior art device as a device having the claimed relative dimensions would not perform differently than the prior art device Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984) (See MPEP 2144.4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the offset of Loype et al with the specific offset of at least 3 mm as it would be a design choice that provides the same functional ultrasonic device with the confines of the dimension of well-known and conventional ultrasonic probe housings.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loype et al (2022/0395256) in view of Bertocci et al (20210121159).
Regarding claim 9, Loype et al disclose a metal material high thermal conductivity metal housing enables a greater dissipation of heat from the probe – [0051]); and the inner housing is thermally connected to the ultrasonic transducer and configured to dissipate heat generated by the ultrasonic transducer (the imaging element 180 further includes a heat sink 190 extending across the insulating body 168 – [0040]), but fail to explicitly disclose wherein the inner housing contains a metal material.
However, Bertocci et al teach in the same medical field of endeavor, wherein an inner housing contains a metal material (the heat sink may be made by metal material – [0097]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the heat sink of the inner housing of Loype et al with containing a metal material as it would provide a well-known and conventional heat sink material to provide heat dissipation for the ultrasonic transducer of the probe.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROCHELLE DEANNA TURCHEN whose telephone number is (571)270-7104. The examiner can normally be reached Mon - Fri 6:30-2:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571)272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROCHELLE D TURCHEN/ Primary Examiner, Art Unit 3797