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 .
Priority
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 parent Application No. 18/728,464, filed on 08/19/2024, and PCT CN 2022/139850 filed on 12/19/2022.
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 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lewis, Jr. et al. (US 2016/0136462 A1, May 19, 2016) (hereinafter “Lewis”).
Regarding claim 1: Lewis discloses a semi-dry acoustic coupling apparatus, comprising a medium container and a waterproof adhesive ring (fig. 10 - bandage gel cup 1, corresponding to reservoir 836 shown in fig. 8, [0085], [0089]-[0091]), wherein the medium container is annular and hollow (fig. 10 - bandage gel cup 1, corresponding to reservoir 836 shown in fig. 8, [0085], [0089]-[0091]), a bottom surface of the waterproof adhesive ring is an adhesive surface configured to attach to a surface of a skin of a human body (fig. 10 - bandage fabric 2, which corresponds to coupling bandage 130 shown in fig. 1 and bandage material 832 shown in fig. 8, [0081], [0085]), and a bottom of the medium container is connected with a middle portion of the waterproof adhesive ring (figs. 8 and 10).
Regarding claim 4: Lewis discloses the semi-dry acoustic coupling apparatus according to claim 1, wherein a bottom of an outer wall of the medium container is provided with an annular thickening portion (fig. 10 - bandage gel cup 1, corresponding to reservoir 836 shown in fig. 8, [0085], [0089]-[0091]).
Regarding claim 5: Lewis discloses the semi-dry acoustic coupling apparatus according to claim 4, further comprising a fixing jacket, wherein the fixing jacket is fixed on the waterproof adhesive ring to enclose the medium container (this limitation could reasonably correspond to any of the applicator bottom housing shown as element 3 in fig. 6; tab 938, shown in fig. 9; or bandage bottom foil shown as element 3 in fig. 10).
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hikishima et al. (US 2025/0176937 A1, Jun. 5, 2025) (hereinafter “Hikishima”) in view of Lewis, Jr. et al. (US 2016/0136462 A1, May 19, 2016) (hereinafter “Lewis”).
Regarding claim 1: Hikishima discloses a semi-dry acoustic coupling apparatus, comprising a medium container and a waterproof adhesive pad fig. 5, probe holder 121 with ultrasound gel 123 and adhesive pad 122, [0050]), wherein the medium container is hollow (fig. 5), a bottom surface of the waterproof adhesive pad is an adhesive surface configured to attach to a surface of a skin of a human body (fig. 5, adhesive pad 122), and a bottom of the medium container is connected with a middle portion of the waterproof adhesive ring (fig. 5, probe holder 121 and adhesive pad 122).
While Hikishima discloses that the probe (110), and consequently holder (121) with corresponding adhesive pad (122), can be any arbitrary shape ([0146]), Hikishima is silent on the adhesive pad being ring-shaped and the holder being annular.
Lewis, in the same field of endeavor, disclose a coupling apparatus (see section 102 above) where the holder/medium container is annular and the pad/bandage is ring-shaped (see at least fig. 10).
It would have been prima facie obvious for one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the shape of the holder and adhesive pad of Hikishima to be annular/ring-shaped as taught by Lewis since it has been held by the courts that a change in shape or configuration, without any criticality in operation of the device, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976).
Regarding claim 2: Hikishima as modified by Lewis discloses the semi-dry acoustic coupling apparatus according to claim 1, wherein an edge of the bottom of the medium container is inverted T-shaped, and a bottom plane of the edge is fixedly connected with an upper surface of the waterproof adhesive ring (fig. 5, probe holder 121 and adhesive pad 122).
Regarding claim 3: Hikishima as modified by Lewis discloses the semi-dry acoustic coupling apparatus according to claim 1, wherein a middle portion of an upper surface of the waterproof adhesive ring is provided with a connecting seat, and the connecting seat is fixedly connected with the edge of the bottom of the medium container (fig. 5, probe holder 121 and adhesive pad 122).
Regarding claim 4: Hikishima as modified by Lewis discloses the semi-dry acoustic coupling apparatus according to claim 1, wherein a bottom of an outer wall of the medium container is provided with an annular thickening portion (fig. 5, probe holder 121).
Regarding claim 5: Hikishima as modified by Lewis discloses the semi-dry acoustic coupling apparatus according to claim 4, further comprising a fixing jacket, wherein the fixing jacket is fixed on the waterproof adhesive ring to enclose the medium container (fig. 5, head holder 120).
Regarding claim 6: Hikishima as modified by Lewis discloses the semi-dry acoustic coupling apparatus according to claim 1, a through hole configured to arrange an ultrasound emission device is formed at a center of the top (fig. 5, opening where probe 110 is inserted); and an elastic belt is embedded in an edge of the through hole ([0051], [0075] - probe holder may be fixed by a rubber cap or band represented by head holder 120). Lewis further discloses wherein a top of the medium container is provided with a folding portion configured for folding (figs. 10 and 13 - top seal/top foil, [0091], [0094]).
It would have been prima facie obvious for one having ordinary skill in the art prior to the effective filing date of the claimed invention to provide the medium container of Hikishima and Lewis with the top seal (“folding portion”) of Lewis in order to seal the medium container to prevent contamination or loss of medium prior to placement of probe 110.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hakkens et al. (US 2020/0163647 A1, May 28, 2020) substantially discloses the limitations of at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLYN A PEHLKE whose telephone number is (571)270-3484. The examiner can normally be reached 9:00am - 5:00pm (Central Time), Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris 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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/CAROLYN A PEHLKE/Primary Examiner, Art Unit 3799
