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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/10/2026 has been entered.
Response to Amendment
This action is in response to the RCE filed on 2/10/2026. The amendments filed on 12/16/2025 have been entered. Accordingly Claims 1-15 are pending. The previous rejections are withdrawn in light of Applicant’s amendments and remarks in the claim set filed 12/16/2025.
Claim Objections
Claim 7 is objected to because of the following informalities: limitation “…the at least two secondary transducer arrays comprise CMUTs.” Is recommended to recite as “….the at least two secondary transducer arrays comprise Capacitive Micromachined Ultrasound Transducer (CMUTs)”, since first instance of the acronym CMUT is used. Appropriate correction is required.
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 1-12 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 and analogous claims 9 and 12, limitations “a patch long axis and a patch short axis”, “a first array group comprising a primary transducer array having a primary long axis and a primary short axis, wherein the primary long axis is parallel with the patch long axis; and a second array group comprising at least two secondary transducer arrays each having a secondary long axis and a secondary short axis, wherein each secondary long axis is perpendicular to the primary long axis…” are unclear the relations of the axis to what. It is unclear the relationships of the various axis with respect to one another as well as to the ultrasound patch.
Regarding claim 3, it is unclear the secondary long axes and primary long axis is in relation to, or the placement with respect to the ultrasound patch.
Further regarding claim 12, limitation “…wherein the ultrasound patch connection component comprises a second interface…” is unclear whether this is an additional ultrasound patch connection or was intended to be with respect to either the first or second ultrasound patch connection. The metes and bounds are unclear.
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.
Claims 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Hossack et. al. (U.S. 6423002, July 23, 2002)(hereinafter, “Hossack”) in view of Lahiji et. al. (U.S. 20120065479, March 15, 2012)(hereinafter, “Lahiji”).
Regarding Claim 1, Hossack teaches: An ultrasound transducer (see Fig. 10) comprising:
a transducer long axis and a transducer short axis (see reproduced Fig. 10 below, columns 5-6, lines 65-6.);
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a first array group comprising a primary transducer array having a primary long axis and a primary short axis, wherein the primary long axis is parallel with the transducer long axis; and a second array group comprising at least two secondary transducer arrays each having a secondary long axis and a secondary short axis, wherein each secondary long axis is perpendicular to the primary long axis; wherein the second array group is arranged such that the at least two secondary transducer arrays are located at either side of the primary transducer array (“ FIG. 10 is a schematic top view of a transducer probe with a symmetric three array configuration 1000. It shows primary imaging array 205 symmetrically centered in between two secondary imaging arrays 201 and 203.”. columns 5-6, lines 65-6. see reproduced Fig. 10 above).
Hossack does not explicitly teach a patch.
Lahiji in the field of ultrasound systems teaches a wearable patch ultrasound transducer system as seen in figs 1-4. [0020[0021-0022][0030][0031].
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hossack to be an ultrasound patch as taught in Lahiji to be “…worn by a subject without interfering with the subject's routine activities, allowing continuous monitoring or therapy...” (Lahiji, [0007]).
Regarding Claim 2, the combination of Hossack and Lahiji teach the claim limitations as noted above.
Hossack further teaches: wherein the at least two secondary transducer arrays have the same orientation (“ FIG. 10 is a schematic top view of a transducer probe with a symmetric three array configuration 1000. It shows primary imaging array 205 symmetrically centered in between two secondary imaging arrays 201 and 203.”. columns 5-6, lines 65-6. see reproduced Fig. 10 above).
Regarding Claim 3, the combination of Hossack and Lahiji teach the claim limitations as noted above.
Hossack further teaches: wherein the at least two secondary long axes are perpendicular to the primary long axis (“ FIG. 10 is a schematic top view of a transducer probe with a symmetric three array configuration 1000. It shows primary imaging array 205 symmetrically centered in between two secondary imaging arrays 201 and 203.”. columns 5-6, lines 65-6. see reproduced Fig. 10 above).
Regarding Claim 4, the combination of Hossack and Lahiji teach the claim limitations as noted above.
Hossack further teaches: wherein the at least two secondary transducer arrays have different orientations with respect to one another (“FIG. 9 is a schematic top view of a transducer probe with another three array configuration 900. It shows two secondary imaging arrays 201 and 203, and primary imaging array 205, where the azimuthal axes of secondary imaging array 201 and 203 are non-orthogonal, but still non-parallel, to the azimuthal axis of primary imaging array 205.”, column 5, lines 60-65. see reproduced Fig. 9 below).
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Regarding Claim 5, the combination of Hossack and Lahiji teach the claim limitations as noted above.
Hossack further teaches: wherein the first array group comprises a plurality of primary transducer arrays (“FIG. 14 is a schematic top view of an ultrasound transducer probe with a four array configuration 1400. It shows secondary imaging arrays 201 and 203, and primary imaging array 205 and second primary imaging array 1402.”, column 6, lines 38-41. see reproduced Fig. 14 below).
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Regarding Claim 6, the combination of Hossack and Lahiji teach the claim limitations as noted above.
Hossack further teaches: wherein the first array group, or the second array group, is adapted, when the ultrasound patch is being positioned at a surface of a subject, to capture preliminary ultrasound data (“One imaging transducer array provides a primary image, and another imaging transducer array acts as a secondary imaging array to provide a side image of an object shown on the primary image...”, column 3, lines 21-28).
Regarding Claim 8, the combination of Hossack and Lahiji teach the claim limitations as noted above.
Hossack does not teach: wherein the ultrasound patch comprises a flip chip connection.
Lahiji in the field of ultrasound systems teaches: “ A control circuitry 46 is coupled to the transmission system 40 and the receiver system 50. The control system may include analytical or analysis functions. A processor may be provided, either within the patch, or external to the patch, to perform analytical or analysis functions.” [0028]; “…the circuit components and wiring 130 may be positioned in between the top patch 110 and bottom patch 120. Alternatively, a flexible printed circuit board 140 may be included on the bottom patch 120.” [0030]; “…the wearable patch 100 may include a flexible printed circuit board 140.” [0034].
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the ultrasound patch in the combination to comprise a flip chip connection to permit “…intimate contact of the patch 100 with the person, more easily conforming to the shape of the body.” (Lahiji, [0034]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hossack and Lahiji as applied to claim 1 above, and further in view of Rem-Bronneberg et. al. (U.S. 20180264291, September 20, 2018)(hereinafter, “Rem”).
Regarding Claim 7, the combination of Hossack and Lahiji teach the claim limitations as noted above.
The combination of references does not teach: wherein the primary transducer array and the at least two secondary transducer arrays comprise CMUTs.
Rem in the field of ultrasound patch-based therapy devices teaches: “The ultrasound transducers may be represented by the capacitive micromachined transducers (CMUTs)… The CMUTs array can be coupled to the transducer controller 18 via electrical interconnects 10, which may be implemented within the support 9 at an opposite to the transmission surface side of the transducers. The support 9 can be made of the flexible and/or stretchable material. Alternatively, the CMUT array and support 9 can be manufactured in a single semiconductor process flow using, for example, a flex-to-rigid technology…” [0040].
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination such that the primary transducer array and the at least two secondary transducer arrays comprise CMUTs as taught in Rem for high sensitivity imaging resolution and wide bandwidth capabilities.
Claims 9-10,12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hossack in view of Vezina (U.S. 20100168577, July 1, 2010)(hereinafter, “Vezina”).
Regarding Claim 9, Hossack teaches: A system for positioning an ultrasound transducer to be placed at the surface of a subject (“FIG. 17 shows how the ultrasound system can interpret the data obtained from a multiple array probe and construct a pseudo 3-D display or a 3-D display, wherein a secondary array is used as a tracking array to provide motion estimation data as the principal transducer array is swept in the elevation direction.”, column 9, lines 36-41), the system comprising:
the ultrasound transducer (see reproduced Fig. 10 above) comprising: a first array group comprising a primary transducer array having a first orientation defined by a primary long axis; and a second array group comprising at least two secondary transducer arrays each having an orientation defined by a secondary long axis, said orientations being perpendicular to the first orientation, wherein the second array group is arranged such that the at least two secondary transducer arrays are located at either side of the primary transducer array (“ FIG. 10 is a schematic top view of a transducer probe with a symmetric three array configuration 1000. It shows primary imaging array 205 symmetrically centered in between two secondary imaging arrays 201 and 203.”. columns 5-6, lines 65-6. See reproduced Fig. 10 above);
Hossack does not explicitly teach a patch and an apparatus for positioning an ultrasound patch at a surface of a subject, the apparatus comprising: a holding unit, wherein the holding unit is adapted to receive the ultrasound patch; a first ultrasound patch connection component, wherein the first ultrasound patch connection component is adapted to be fixed to a surface of the subject at a first location, and wherein the ultrasound patch connection component comprises a first interface to engage the holding unit; a second ultrasound patch connection component, wherein the ultrasound patch connection component is adapted to be fixed to a surface of the subject at a second location different from the first location, and wherein the ultrasound patch connection component comprises a second interface to engage the holding unit; and wherein, the holding unit is adapted to be coupled with the first interface of the first ultrasound patch connection component and the second interface of the second ultrasound patch connection component at the surface of the subject and wherein, when the holding unit is coupled to the first ultrasound patch connection component and the second ultrasound patch connection component, the position of the holding unit is adjustable relative to the first ultrasound patch connection component and the second ultrasound patch connection component.
Vezina in the field of ultrasound imaging systems teaches a securing system that includes several straps (see Fig. 10, element 146, considered first and second fixing units) on either side of an interface part of an anchoring member with inserted patch (Fig. 10, element 140, considered holding unit, [0076]). “The securing system 102 can also be secured on the patient body surface using an external securing mechanism. The external securing mechanism may be either straps, hooks, loops, elastics, hook and loop bands, belts and or tie-downs attached to the edges to the material and wrapped around the patient’s body.” [0073]; “The straps 146 extend from the anchoring member and are connected on each end to the anchoring member. In some embodiments, the straps 146 can be elastic straps…the straps 146 can slip into the slots preventing the probe 104 from moving freely from the patch 142. In still other embodiments, the straps 146 can additionally or alternatively include a hook and loop surface corresponding to a hook and loop surface positioned on the probe 104.” [0076]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hossack to be a patch and to include an apparatus for positioning an ultrasound patch at a surface of a subject, the apparatus comprising: a holding unit, wherein the holding unit is adapted to receive the ultrasound patch; a first ultrasound patch connection component, wherein the first ultrasound patch connection component is adapted to be fixed to a surface of the subject at a first location, and wherein the ultrasound patch connection component comprises a first interface to engage the holding unit; a second ultrasound patch connection component, wherein the ultrasound patch connection component is adapted to be fixed to a surface of the subject at a second location different from the first location, and wherein the ultrasound patch connection component comprises a second interface to engage the holding unit; and wherein, the holding unit is adapted to be coupled with the first interface of the first ultrasound patch connection component and the second interface of the second ultrasound patch connection component at the surface of the subject and wherein, when the holding unit is coupled to the first ultrasound patch connection component and the second ultrasound patch connection component, the position of the holding unit is adjustable relative to the first ultrasound patch connection component and the second ultrasound patch connection component as taught in Vezina to prevent the components from moving freely from the patch and dislodging from the patient surface (Vezina, [0074][0075-0076]).
Regarding Claim 10, the combination of Hossack and Vezina teach the claim limitations as noted above.
Hossack further teaches: wherein the apparatus further comprises a stand-off portion to adjust a distance between the ultrasound patch and the surface of the subject (“FIG. 15 is a perspective view of a display image 1500 with tool depth icons 502 and 1504 in relation to secondary imaging array image planes 202 and 204, and primary imaging array image plane 206.”, column 7, lines 17-20).
Regarding Claim 12, Hossack teaches: A system for positioning an ultrasound transducer to be placed at the surface of a subject (“FIG. 17 shows how the ultrasound system can interpret the data obtained from a multiple array probe and construct a pseudo 3-D display or a 3-D display, wherein a secondary array is used as a tracking array to provide motion estimation data as the principal transducer array is swept in the elevation direction.”, column 9, lines 36-41), the system comprising:
the ultrasound transducer (see reproduced Fig. 10 above) comprising: a first array group comprising a primary transducer array having a primary long axis disposed in a first orientation; and a second array group comprising at least two secondary transducer arrays each having a secondary long axis, each secondary long axis being disposed perpendicular to the first orientation, wherein the second array group is arranged such that the at least two secondary transducer arrays are located at either side of the primary transducer array (“ FIG. 10 is a schematic top view of a transducer probe with a symmetric three array configuration 1000. It shows primary imaging array 205 symmetrically centered in between two secondary imaging arrays 201 and 203.”. columns 5-6, lines 65-6. See reproduced Fig. 10 above);
Hossack does not explicitly teach a patch. Hossack further does not teach and an apparatus for positioning an ultrasound patch at a surface of a subject, the apparatus comprising: a holding unit, wherein the holding unit is adapted to receive the ultrasound patch; a first ultrasound patch connection component, wherein the first ultrasound patch connection component is adapted to be fixed to a surface of the subject at a first location, and wherein the ultrasound patch connection component comprises a first interface to engage the holding unit; a second ultrasound patch connection component, wherein the second ultrasound patch connection component is adapted to be fixed to a surface of the subject at a second location different from the first location, and wherein the ultrasound patch connection component comprises a second interface to engage the holding unit; and wherein, the holding unit is adapted to be coupled with the first interface of the first ultrasound patch connection component and the second interface of the second ultrasound patch connection component at the surface of the subject and wherein, when the holding unit is coupled to the first ultrasound patch connection component and the second ultrasound patch connection component, the position of the holding unit is adjustable relative to the first ultrasound patch connection component and the second ultrasound patch connection component.
Vezina in the field of ultrasound imaging systems teaches a securing system that includes several straps (see Fig. 10, element 146, considered first and second fixing units) on either side of an interface part of an anchoring member with inserted patch (Fig. 10, element 140, considered holding unit, [0076]). “The securing system 102 can also be secured on the patient body surface using an external securing mechanism. The external securing mechanism may be either straps, hooks, loops, elastics, hook and loop bands, belts and or tie-downs attached to the edges to the material and wrapped around the patient’s body.” [0073]; “The straps 146 extend from the anchoring member and are connected on each end to the anchoring member. In some embodiments, the straps 146 can be elastic straps…the straps 146 can slip into the slots preventing the probe 104 from moving freely from the patch 142. In still other embodiments, the straps 146 can additionally or alternatively include a hook and loop surface corresponding to a hook and loop surface positioned on the probe 104.” [0076]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hossack to be a patch and to include an apparatus for positioning an ultrasound patch at a surface of a subject, the apparatus comprising: a holding unit, wherein the holding unit is adapted to receive the ultrasound patch; a first ultrasound patch connection component, wherein the first ultrasound patch connection component is adapted to be fixed to a surface of the subject at a first location, and wherein the ultrasound patch connection component comprises a first interface to engage the holding unit; a second ultrasound patch connection component, wherein the ultrasound patch connection component is adapted to be fixed to a surface of the subject at a second location different from the first location, and wherein the ultrasound patch connection component comprises a second interface to engage the holding unit; and wherein, the holding unit is adapted to be coupled with the first interface of the first ultrasound patch connection component and the second interface of the second ultrasound patch connection component at the surface of the subject and wherein, when the holding unit is coupled to the first ultrasound patch connection component and the second ultrasound patch connection component, the position of the holding unit is adjustable relative to the first ultrasound patch connection component and the second ultrasound patch connection component as taught in Vezina to prevent the components from moving freely from the patch and dislodging from the patient surface (Vezina, [0074][0075-0076]).
Regarding Claim 13, the claim limitations are the intended usage of Claims 9/12, since the references cited in Claims 9/12 have system and methods capabilities, the limitations are as such rejected under the same rationale.
Hossack teaches: A method for positioning an ultrasound transducer at a surface of a subject (“FIG. 17 shows how the ultrasound system can interpret the data obtained from a multiple array probe and construct a pseudo 3-D display or a 3-D display, wherein a secondary array is used as a tracking array to provide motion estimation data as the principal transducer array is swept in the elevation direction.”, column 9, lines 36-41), the method comprising:
wherein the ultrasound transducer comprises: a first array group comprising a primary transducer array having a primary long axis in a first orientation; and a second array group comprising at least two secondary transducer arrays each having a secondary long axis in an orientation different from the first orientation, wherein the second array group is arranged such that the at least two secondary transducer arrays are located at either side of the primary transducer array (“ FIG. 10 is a schematic top view of a transducer probe with a symmetric three array configuration 1000. It shows primary imaging array 205 symmetrically centered in between two secondary imaging arrays 201 and 203.”. columns 5-6, lines 65-6. See reproduced Fig. 10 above);
Hossack does not explicitly teach a patch and providing the ultrasound patch to a holding unit adapted to receive the ultrasound patch, wherein the ultrasound patch comprises: fixing a first fixing unit to a surface of the subject at a first location; fixing a second fixing unit to a surface of the subject at a second location different from the first location; coupling the holding unit to the first fixing unit and the second fixing unit at the surface of the subject; and adjusting the position of the holding unit relative to the first fixing unit and the second fixing unit.
Vezina in the field of ultrasound imaging systems teaches a securing system that includes several straps (see Fig. 10, element 146, considered first and second fixing units) on either side of an interface part of an anchoring member with inserted patch (Fig. 10, element 140, considered holding unit, [0076]). “The securing system 102 can also be secured on the patient body surface using an external securing mechanism. The external securing mechanism may be either straps, hooks, loops, elastics, hook and loop bands, belts and or tie-downs attached to the edges to the material and wrapped around the patient’s body.” [0073]; “The straps 146 extend from the anchoring member and are connected on each end to the anchoring member. In some embodiments, the straps 146 can be elastic straps…the straps 146 can slip into the slots preventing the probe 104 from moving freely from the patch 142. In still other embodiments, the straps 146 can additionally or alternatively include a hook and loop surface corresponding to a hook and loop surface positioned on the probe 104.” [0076]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Hossack to be a patch and providing the ultrasound patch to a holding unit adapted to receive the ultrasound patch, wherein the ultrasound patch comprises: fixing a first fixing unit to a surface of the subject at a first location; fixing a second fixing unit to a surface of the subject at a second location different from the first location; coupling the holding unit to the first fixing unit and the second fixing unit at the surface of the subject; and adjusting the position of the holding unit relative to the first fixing unit and the second fixing unit as taught in Vezina to prevent the components from moving freely from the patch and dislodging from the patient surface (Vezina, [0074][0075-0076]).
Regarding Claim 14, the combination of Hossack and Vezina teach the claim limitations as noted above.
Hossack further teaches: wherein the method further comprises: obtaining preliminary ultrasound data from the first array group (“One imaging transducer array provides a primary image, and another imaging transducer array acts as a secondary imaging array to provide a side image of an object shown on the primary image...”, column 3, lines 21-28)
Hossack does not teach: adjusting the position of the holding unit about the first fixing unit and the second fixing unit based on the preliminary ultrasound data.
Vezina in the field of ultrasound imaging systems teaches a securing system that includes several straps (see Fig. 10, element 146, considered first and second fixing units) on either side of an interface part of an anchoring member with inserted patch (Fig. 10, element 140, considered holding unit, [0076]). “The securing system 102 can also be secured on the patient body surface using an external securing mechanism. The external securing mechanism may be either straps, hooks, loops, elastics, hook and loop bands, belts and or tie-downs attached to the edges to the material and wrapped around the patient’s body.” [0073]; “The straps 146 extend from the anchoring member and are connected on each end to the anchoring member. In some embodiments, the straps 146 can be elastic straps…the straps 146 can slip into the slots preventing the probe 104 from moving freely from the patch 142. In still other embodiments, the straps 146 can additionally or alternatively include a hook and loop surface corresponding to a hook and loop surface positioned on the probe 104.” [0076]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to adjust the position of the holding unit about the first fixing unit and the second fixing unit based on the preliminary ultrasound data as taught in Vezina to prevent the components from moving freely from the patch and dislodging from the patient surface (Vezina, [0074][0075-0076]).
Regarding Claim 15, the combination of Hossack and Vezina teach the claim limitations as noted above.
Hossack further teaches: wherein the method further comprises: obtaining preliminary ultrasound data from the second array group (“One imaging transducer array provides a primary image, and another imaging transducer array acts as a secondary imaging array to provide a side image of an object shown on the primary image...”, column 3, lines 21-28).
Hossack does not teach: adjusting the position of the holding unit about the first fixing unit and the second fixing unit based on the preliminary ultrasound data.
Vezina in the field of ultrasound imaging systems teaches a securing system that includes several straps (see Fig. 10, element 146, considered first and second fixing units) on either side of an interface part of an anchoring member with inserted patch (Fig. 10, element 140, considered holding unit, [0076]). “The securing system 102 can also be secured on the patient body surface using an external securing mechanism. The external securing mechanism may be either straps, hooks, loops, elastics, hook and loop bands, belts and or tie-downs attached to the edges to the material and wrapped around the patient’s body.” [0073]; “The straps 146 extend from the anchoring member and are connected on each end to the anchoring member. In some embodiments, the straps 146 can be elastic straps…the straps 146 can slip into the slots preventing the probe 104 from moving freely from the patch 142. In still other embodiments, the straps 146 can additionally or alternatively include a hook and loop surface corresponding to a hook and loop surface positioned on the probe 104.” [0076]
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination to adjust the position of the holding unit about the first fixing unit and the second fixing unit based on the preliminary ultrasound data as taught in Vezina to prevent the components from moving freely from the patch and dislodging from the patient surface (Vezina, [0074][0075-0076]).
Claims 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hossack and Vezina as applied to claim 10 above and further in view of Peszynski (U.S. 20080304729, December 11, 2008)(hereinafter, “Peszynski”)
Regarding Claim 11, the combination of Hossack and Vezina teach the claim limitations as noted above.
The combination does not teach: wherein the stand-off portion has an aperture window adjacent the surface of the subject, and wherein, if the stand-off portion has a thickness below a given value, the aperture window comprises a first portion aligned with primary transducer array and second portions aligned with the at least two secondary transducer arrays.
Peszynski in the field of ultrasound systems teaches: “As seen in FIG. 5B there is an acoustic window 21a; a microbeamforming ASIC with active CMUT or PMUT acoustic matrix array integrally attached 30a; a permanent double sided medical grade tape affixed in a plastic housing 32a, a plastic housing 22a; a heat sink bonded to ASIC and flexible circuit 23a; a wire band ASIC to flexible circuit interconnect 24a; flexible circuits 28a; an acoustic de-matching layer 35; microbeamforming silicon ASIC 36; and micro flat ribbon cable assembly 29a. The patch can be made of silicon or equivalent material with adhesive around its perimeter and acoustically coupled to a patient’s body in the area of interest with ultrasonic gel.” [0025].
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination such that the stand-off portion has an aperture window adjacent the surface of the subject, and wherein, if the stand-off portion has a thickness below a given value, the aperture window comprises a first portion aligned with primary transducer array and second portions aligned with the at least two secondary transducer arrays as taught in Peszynski to position “…over one or more targets to visualize at least one or more targets by repositioning the sector scans using the controls on the ultrasound imaging system 5. This makes it possible to visualize multiple targets remotely with the ultrasound imaging system…” (Peszynski, [0026]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07€ and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 9 and 12-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11-12 of copending Application No. 17772171 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 9 and 12-13 anticipate all limitations of instant application claims 1 and 11-12. The instant application and the ‘171 application disclose an apparatus for positioning an ultrasound patch on a subject surface.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant’s arguments with respect to claims 1-8, 35 U.S.C 103 rejections have been considered but are moot because of the new grounds of rejections applied in the office action above.
Applicant does not provide further arguments for claims 9-15 art rejections to be addressed. But those too would be moot because of the new grounds of rejections applied in the office action above.
Examiner take note of Applicant’s request to hold claims 9 and 12-13 in abeyance in regards to the non-statutory double patenting rejection. The rejection is provided in this action for completion.
Conclusion
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/AMAL ALY FARAG/ Primary Examiner, Art Unit 3798