DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/31/2026 has been entered.
Response to Amendment
The amendment of 03/02/2026 has been entered and fully considered by the examiner. claims 14, and 22 are amended. Claims 1-13,15-18, 23-26, 30-46, and 49 are canceled. claims 14, 19-22, 27-29 and 47, 48, 50-54 are currently pending in the application with claims 14 and 22 being independent claims.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 14,19-22, 27-29 and 47, 48, 50-54 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claims 14 and 22 recite the limitations: “detect a time gain compensation (TGC) curve corresponding to the curve of the user’s touch input crossing the displayed reference line and generate a plurality of TGC values based on the plurality of positions of the TGC curve.” The cited limitations are computer-implemented functional limitations and in order to comply with the 112(a) written disclosure, the specification should disclose an algorithm and the necessary steps or flow charts that perform the claimed function in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor possessed the claimed subject matter at the time of filing. In the instant application, the specification fails to disclose any steps/flow chart and/or algorithm on firstly (a) how can a TGC curve be detected using a vertical reference line (i.e. how can the system determine that this curve inputted is actually related to a TGC gain value?) and further (b) how does the plurality of TGC values are generated based on the positions of the TGC curve with respect to a vertical reference line. The specification is completely silent on how a curve is detected to be a TGC curve using a single vertical refence line only and further how does the TGC values are determined based on the inputted curve that is received. As a result, the claims are considered to lack support in the specification.
Independent claims 14 and 22 recite the limitations: “the user's touch input comprising a continuous drag input including a plurality of sequentially generated touch points defining the curve of the user's touch input”. The specification is silent on the above limitation and does not disclose that user’s input is either continuous or sequentially drawn. As a result, the claim is considered to lack support in the specification.
Dependent claims 19-22, 27-29 and 47, 48, 50-54 are considered to be unsupported by the specification as well due to their dependency upon unsupported base claims 14 and 22.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 14, 19-21, 47-48, and 52 are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over Amemiya (U.S. Publication No.) hereinafter “Amemiya” in view of Vara et al. (U.S. Patent No. 6,063,030) hereinafter “Vara” and Avinash et al. (U.S. Publication No. 2003/0097069) hereinafter “Avinash”
Regarding claim 14, Amemiya discloses an ultrasound system [ultrasound system of Amemiya; see abstract and FIG. 1], comprising:
A plurality of transducers [see [0047] disclosing: “The ultrasonic probe 2 has an array of ultrasonic transducer”] configured to transmit an ultrasound signal to an object and receive echo signals reflected from the object; and [see [0047]-[0048] of Amemiya]
a beam former [transmission/reception beamformer 604/610; see [0050] and [0053]], and a processor [image processing section 14; see FIG. 1 and [0064]-[0067] including a CPU (i.e. the processor)],
wherein the beam former is configured to send the transmitted ultrasound signal [see [0050] of Amemiya] and collect the echo signals [see [0053] of Amemiya]
wherein the processor is configured to amplify the collected echo signals and control gains of the amplified echo signals, [see [0058]-[0059] of Amemiya disclosing amplification of the signal using the logarithmic amplifying unit 102 fand using TGC gain of the amplified signal using the TGC unit 106]
generate an ultrasound image based on the echo signals [see [0059]-[0060] and [0064] disclosing generating B-mode and Doppler images] and cause a touch panel [see [0096]; touch panel which the user can touch with fingertip] to display the ultrasound image [see [0068] and [0098] and FIG. 11 disclosing display 313 of Amemiya];
display a vertical reference line [the vertical reference line that divides the 2D space into two regions A and B as shown in FIG. 19 as a dotted vertical line, or the two vertical reference lines that divide the 2D space into three regions E, C, D as shown in FIG. 23 are the equivalent of the claimed reference line; while FIG. 20 expressly discloses displaying of the reference line in FIG. 20 as a solid vertical line, the embodiment of FIG. 23 does not expressly disclose displaying the vertical reference lines. However, displaying of a generated line is well within the level of skill of an ordinarily skilled in the art] and display the ultrasound image on the display [see [0068]; the ultrasound image is displayed on the screen; see [0015]-[0016]]
receive, via the touch panel, a user's touch input to cross the displayed vertical reference line [see FIG. 24 and [0137]; a curved time gain line can be manually drawn by manual drawing] in a region of the touch panel in which the vertical reference line is displayed [the embodiment of FIG. 20 discloses displaying the generated vertical line as initial setting; however, the embodiment of FIG. 23 which shows the generated two vertical lines does not expressly disclose displaying the vertical reference lines. However, displaying of a generated line is well within the level of skill of an ordinarily skilled in the art] wherein the user's touch input corresponds to a curve and comprises a first touch input point and a second touch input point on the touch panel; [see FIG. 20 and Fig. 24 and [0137]; the user can input as the initial gain line as the user’s touch input corresponding to a curve which comprises at least two touch points]
detect a Time Gain Compensation (TGC) curve corresponding to the curve of the user’s touch input crossing the displayed reference line; [see FIG. 24; a TGC gain curve is inputted by the user’s touch input as manual drawing; see [0137]] and
generate a plurality of TGC values based on a plurality of positions of points of the TGC curve corresponding to the user’s touch input for different depth positions of the ultrasound image, [see [0137]; the gain value at various depths are adjusted based on the manual input ] wherein a TGC value of a first depth position is determined based on a position of the first touch input point [see [00132]-[00137]] and a TGC value of a second depth position different from the first depth position of the ultrasound image is determined based on a position of the second touch input point. [see [00132]-[00137] and FIG. 24]
Wherein the shape of the TGC curve is defined by the curve of the user’s touch input. [see FIG. 24 and [0137]; the touch input defines the TGC curve, so it could be considered equivalent in effect], the user’s touch input comprising a continuous drag input including a plurality of sequentially generated touch points defining the curve of the user’s touch input; [see FIG. 4 and [0137]] and
Wherein the curve of the user’s touch input includes a first portion disposed on a left side of the displayed vertical reference line and a second portion disposed on a right side of the displayed vertical reference line, the curve of the user’s touch input intersecting the displayed vertical reference line [see [0123]-[0124] with regards to the single reference line of the embodiment of FIG. 20 disclosing that if the user’s input curve has a portion on the left side of the reference line, the initial gain is decreased, while if the curve is on the right side of the reference line, it is increased. see FIG. 20; the user’s curve has a portion on a left side and right side of the initial gain vertical reference line; similarly, for two reference lines embodiment of FIG. 23, [0132]-[0137] disclose how the gain is changed as the curve intersects the reference lines. FIG. 24While the reference line of the embodiment of FIG. 20 is displayed as initial gain, Amemiya does not expressly disclose displaying the two reference lines of FIG. 19. However, displaying of a generated line is well within the level of skill of an ordinarily skilled in the art.]
Amemiya does not disclose that the display is also a touch panel; Amemiya further fails to disclose that beamformer is configured to focus the transmitted ultrasound signal and collect the echo signal with corresponding time delay, and displaying the vertical reference line.
Vera, directed towards adjusting TGC gain of an ultrasound system [see abstract of Vera] discloses the display is a touch panel [see column 5, lines 45-55 of Vera]. Vara further discloses displaying coordinates on a display screen of a TGC gain set up [see FIG. 7]
Avinash, directed towards generation of ultrasound images [see abstract of Avinash] further discloses that the beamformer is configured to focus the transmitted ultrasound signal and collect the echo signal with corresponding time delay [see [0004] of Avinash]
It would have been obvious to a person of ordinary skill level at the time of the invention to modify the screen of Amemiya and use a touch panel instead according to the teachings of Vera in order to provide a more convenient tool for both displaying figures as well as providing an input device for the user [see column 5, lines 55-60 of Vera]. Further, doing so would have been a simple substitution of one type of display device with another and would have been obvious to try by an ordinarily skilled in the art. (KSR Rationale B)
It would have been obvious to a person of ordinary skill level at the time of the invention to modify the screen of Amemiya and make the beamformer further configured to focus the transmitted ultrasound signal and collect the echo signal with corresponding time delay according to the teachings of Avinash in order to direct the beam to a particular position and collect the beam coming from a specific location. Doing so would have been applying a known method of beamforming to the device of Amemiya ready for improvement and would have been obvious to try by an ordinarily skilled in the art. (KSR Rationale D)
Regarding claim 19, Amemiya further discloses that the processor is further configured to perform a TGC on the echo signals based- on current TGC values, and update the displayed ultrasound image based on the adjusted TGC values after receiving the user's touch input.[see [0115]-[0116] of Amemiya; the initial and the updated TGC curves are displayed on the screen along with the ultrasound image to which the TGC gain is applied.]
Regarding claim 20, Amemiya in view of Vara and Avinash discloses all the limitations of claim 14 [see rejection of claim 14 above]
Amemiya does not disclose that the reference information line is displayed in a form of a dotted line.
However, Vara further discloses that a line can be displayed in the form of a dotted line [see FIG. 4A-4C of Vara]
It would have been obvious to a person of ordinary skill level at the time of the invention to modify the screen of Amemiya and make the reference information line be displayed in a form of a dotted line according to the teachings of Vara since doing so would have been a simple matter of design choice and would have been obvious to an ordinarily skilled in the art.
Regarding claim 21, Amemiya further discloses that the reference line is displayed in a form of a solid line. [see FIGs.20 and 24 of Amemiya; the x-axis is a solid line]
Regarding claim 47, Amemiya further discloses that the processor is further configured to display the TGC curve on the touch panel. [see FIG. 24; the initial TGC curve as well as the updated version are displayed on the input touch panel]
Regarding claim 48, Amemiya further discloses that the processor is further configured to calculate new TGC values in consideration of the detected TGC curve [see [0137] and [0117]; the TGC curve can be adjusted and redrawn as many times as desired], and transmit the TGC values to the signal processor. [see [0115]-[0116] of Amemiya; the initial and the updated TGC curves are displayed on the screen along with the ultrasound image to which the TGC gain is applied. Therefore, it is inherent that the updated TGC values have been transmitted to the signal processor and applied to the image]
Regarding claim 52, Amemiya further discloses a touch panel. [see [0096]; touch panel which the user can touch with fingertip]
Claims 22, 27-29, and 50-51 are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable over Amemiya (U.S. Publication No. 2002/0087218) hereinafter “Amemiya” in view of Vara et al. (U.S. Patent No. 6,063,030) hereinafter “Vara”.
Regarding claim 22, Amemiya discloses a method of controlling an ultrasound system [method of controlling the ultrasound system of Amemiya; see abstract and FIG. 1] which comprises a plurality of transducers [see [0047] disclosing: “The ultrasonic probe 2 has an array of ultrasonic transducer”], a beam former [transmission/reception beamformer 604/610; see [0050] and [0053]], and a processor [image processing section 14; see FIG. 1 and [0064]-[0067] including a CPU (i.e. the processor)], the method comprising:
transmitting an ultrasound signal to an object [see [0050] of Amemiya] and receiving echo signals reflected from the object; [see [0053] of Amemiya]
generating an ultrasound image based on the echo signals; [see [0059]-[0060] and [0064] disclosing generating B-mode and Doppler images]
displaying the ultrasound image and a vertical reference line [the vertical reference line that divides the 2D space into two regions A and B as shown in FIG. 19 as a dotted vertical line, or the two vertical reference lines that divide the 2D space into three regions E, C, D as shown in FIG. 23 are the equivalent of the claimed reference line; while FIG. 20 expressly discloses displaying of the reference line in FIG. 20 as a solid vertical line, the embodiment of FIG. 23 does not expressly disclose displaying the vertical reference lines. However, displaying of a generated line is well within the level of skill of an ordinarily skilled in the art] on the display of the ultrasound system [see [0068]; the ultrasound image is displayed on the screen; see [00115]-[0016] disclosing displaying the TGC gain curve and the coordinates associated with it (i.e. the reference line) and the image on the screen]
receiving, via the touch panel, a user's touch input to cross the displayed reference lines [see FIG. 24 and [0137]; a curved time gain line can be manually drawn by manual drawing] in a region of the touch panel in which the vertical reference line is displayed [the embodiment of FIG. 20 discloses displaying the generated vertical line as initial setting; however, the embodiment of FIG. 23 which shows the generated two vertical lines does not expressly disclose displaying the vertical reference lines. However, displaying of a generated line is well within the level of skill of an ordinarily skilled in the art] wherein the user's touch input corresponds to a curve and comprises a first touch input point and a second touch input point on the touch panel; [see FIG. 20 and Fig. 24 and [0137]; the user can input as the initial gain line as the user’s touch input corresponding to a curve which comprises at least two touch points]
detect a Time Gain Compensation (TGC) curve corresponding to the curve of the user’s touch input crossing the displayed vertical reference line; [see FIG. 24; a TGC gain curve is inputted by the user’s touch input as manual drawing; see [0137]] and
generate a plurality of TGC values based on a plurality of positions of points of the TGC curve corresponding to the user’s touch input for different depth positions of the ultrasound image, [see [0137]; the gain value at various depths are adjusted based on the manual input ] wherein a TGC value of a first depth position is determined based on a position of the first touch input point [see [00132]-[00137]] and a TGC value of a second depth position different from the first depth position of the ultrasound image is determined based on a position of the second touch input point. [see [00132]-[00137] and FIG. 24]
Wherein the shape of the TGC curve is defined by the curve of the user’s touch input. [see FIG. 24 and [0137]; the touch input defines the TGC curve, so it could be considered equivalent in effect], the user’s touch input comprising a continuous drag input including a plurality of sequentially generated touch points defining the curve of the user’s touch input; [see FIG. 4 and [0137]] and
Wherein the curve of the user’s touch input includes a first portion disposed on a left side of the displayed vertical reference line and a second portion disposed on a right side of the displayed vertical reference line, the curve of the user’s touch input intersecting the displayed vertical reference line [see [0123]-[0124] with regards to the single reference line of the embodiment of FIG. 20 disclosing that if the user’s input curve has a portion on the left side of the reference line, the initial gain is decreased, while if the curve is on the right side of the reference line, it is increased. see FIG. 20; the user’s curve has a portion on a left side and right side of the initial gain vertical reference line; similarly, for two reference lines embodiment of FIG. 23, [0132]-[0137] disclose how the gain is changed as the curve intersects the reference lines. FIG. 24While the reference line of the embodiment of FIG. 20 is displayed as initial gain, Amemiya does not expressly disclose displaying the two reference lines of FIG. 19. However, displaying of a generated line is well within the level of skill of an ordinarily skilled in the art.]
Amemiya does not disclose that the display is also a touch panel;
Vera, directed towards adjusting TGC gain of an ultrasound system [see abstract of Vera] discloses the display is a touch panel [see column 5, lines 45-55 of Vera]. Vara further discloses displaying coordinates on a display screen of a TGC gain set up [see FIG. 7]
It would have been obvious to a person of ordinary skill level at the time of the invention to modify the screen of Amemiya and use a touch panel instead according to the teachings of Vera in order to provide a more convenient tool for both displaying figures as well as providing an input device for the user [see column 5, lines 55-60 of Vera]. Further, doing so would have been a simple substitution of one type of display device with another and would have been obvious to try by an ordinarily skilled in the art. (KSR Rationale B)
However, it would have been obvious to a person of ordinary skill level at the time of the invention to modify the screen of Amemiya and make the reference information line be displayed in a form of a dotted line since doing so would have been a simple matter of design choice and would have been obvious to an ordinarily skilled in the art
Regarding claim 27, performing a TGC on the echo signals based on current TGC values, and updating the displayed ultrasound image based on the adjusted TGC values after receiving the user's single touch input. .[see [0115]-[0116] of Amemiya; the initial and the updated TGC curves are displayed on the screen along with the ultrasound image to which the TGC gain is applied.]
Regarding claim 28, Amemiya in view of Vara discloses all the limitations of claim 22 [see rejection of claim 22 above]
Amemiya does not disclose that the reference information line is displayed in a form of a dotted line.
However, Vara further discloses that a line can be displayed in the form of a dotted line [see FIG. 4A-4C of Vara]
It would have been obvious to a person of ordinary skill level at the time of the invention to modify the screen of Amemiya and make the reference information line be displayed in a form of a dotted line according to the teachings of Vara since doing so would have been a simple matter of design choice and would have been obvious to an ordinarily skilled in the art
Regarding claim 29, Amemiya further discloses that the reference line is displayed in a form of a solid line. [see FIG2.17 and 24 of Amemiya]
Regarding claim 50, Amemiya further discloses displaying the TGC curve on the touch panel [see FIG. 24; the initial TGC curve as well as the updated version are displayed on the input touch panel]
Regarding claim 51, Amemiya further discloses calculating new TGC values in consideration of the detected TGC curve [see [0132]-[0136]; based on the area that is touched by the user relative to the reference line, the TGC gain is determined], and transmitting the TGC values to the signal processor. [see [0115]-[0116] of Amemiya; the initial and the updated TGC curves are displayed on the screen along with the ultrasound image to which the TGC gain is applied. Therefore, it is inherent that the updated TGC values have been transmitted to the signal processor and applied to the image]
Allowable Subject Matter
As previously disclosed in the non-final office action of 07/16/2025, dependent claims 53 and 54 are not rejected using prior art as they contain subject matter that would overcome the prior art.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 53 and 54, the prior art fails to anticipate and/or render obvious either solely or in combination: “the user's touch input is the TGC curve based on the user's touch input intersecting a first group of lines more often than a second group of lines, wherein the processor is further configured to display the displayed reference lines comprises a first reference line and a second horizontal reference line perpendicular to the first vertical reference line, wherein the first group of lines are perpendicular to the first vertical reference line, and the second group of lines are perpendicular to the second horizontal reference line”
In particular, the closes prior art to the claims are:
Amemiya (U.S. Publication No. 2002/0087218) hereinafter “Amemiya”:
Amemiya is considered to be the closest prior art to the claims and even though Amemiya discloses detecting a user’s touch input with respect to reference lines and adjusting the TGC curve accordingly, Amemiya does not disclose that the TGC curve determination is done using a plurality of vertical lines and horizontal lines and that “the user's touch input is the TGC curve based on the user's touch input intersecting a first group of lines more often than a second group of lines, wherein the processor is further configured to display the displayed reference lines comprises a first reference line and a second horizontal reference line perpendicular to the first vertical reference line, wherein the first group of lines are perpendicular to the first vertical reference line, and the second group of lines are perpendicular to the second horizontal reference line”
Vara et al. (U.S. Patent No. 6,063,030) hereinafter “Vara”. Even though Vara discloses receiving a touch input from the user determining the TGC values of the image at different depths, Vara also fails to disclose a plurality of vertical lines and horizontal lines and that “the user's touch input is the TGC curve based on the user's touch input intersecting a first group of lines more often than a second group of lines, wherein the processor is further configured to display the displayed reference lines comprises a first reference line and a second horizontal reference line perpendicular to the first vertical reference line, wherein the first group of lines are perpendicular to the first vertical reference line, and the second group of lines are perpendicular to the second horizontal reference line”
Response to Arguments
Applicant's arguments filed 03/02/2026 with regards to independent claims 14 and 22 have been fully considered but they are not persuasive.
With regards to claims 14 and 20, the applicant has argued that Amemiya does not disclose that a user draws a curve.
In response, the examiner respectfully disagrees and notes that Amemiya clearly discloses in FIG. 24 that a curve is set by manual drawing and further explained in [0137] disclosing “a time gain curve indicated by a solid line can be set by manual drawing” which clearly discloses that the input is a curve made up of continuous drag of a user’s touch input.
Applicant has further argued that Amemiya does not disclose that the line shown in FIG. 20 is a reference line.
The examiner respectfully notes that the line shown in FIG. 20 is a vertical line that is used as a reference for initial gain setting and therefore can be considered a reference line in the broadest reasonable interpretation. If a narrower understanding of reference line is intended, more specific language should be used in the claims supported by the specification.
Applicant has further argued that Amemiya does not disclose that the user’s input includes a first portion on the left side of the vertical reference and a second portion on the right side of the reference line.
In response, the examiner notes that as explained in detail in the rejection section of the office action, reference lines of FIG. 19 (single reference line) or multiple reference lines in FIG. 23 are the equivalent of the claimed reference line. In embodiment of FIG. 19, the single reference line is shown as the initial setting, and in embodiment of FIG. 23, it is not expressly disclosed that the reference lines are displayed. However, displaying of a generated line is considered to be well within the level of an ordinarily skilled in the art and would have been obvious to an ordinarily skilled in the art to provide visual feedback to the user. [0132]-[0137] clearly disclose that the curve could cross any of the reference lines and therefore adjusts the gain value. Therefore, Amemiya reads on the language of the claims.
Conclusion
No claim is allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN - SABOKTAKIN whose telephone number is (303)297-4278. The examiner can normally be reached M-F 9 am-5pm CT.
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, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARJAN SABOKTAKIN/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights