9Notice 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 § 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 1-2, 6-8, 11-13, 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Rothberg (US 2017/0360397 A1; search report), Hajati (US 2015/0343493 A1), and Lee (IEEE Trans. on Biomed. Eng., 2019).
Regarding claims 1, 13, and 16, Rothberg teaches an interventional device comprising an acoustic imaging probe and a computer-implemented method of controlling an acoustic imaging probe comprising [[abstract] ultrasound probe]:
a transducer element comprising a linear array [[0039] capabilities incorporated to perform imaging in modes as may be used when imaging with two or more of the following: a linear probe, a sector probe, a phased array probe, a curvilinear probe, a convex probe, and/or a. 3D imaging probe] of a first set of transducers and a second set of transducers [[0043] one or more transducer arrays … arrangement of transducer cells or transducer elements.; [fig. 3] shows multiple module arrays composed of multiple elements; [fig. 3] shows adjacent modules; [0067] (e.g., ultrasound transmission units, ultrasound elements, ultrasonic transducers) may be arranged as a one-dimensional array, as a two-dimensional array, or in any other suitable manner]; and
a processing module configured to control acoustic pulse emission by the transducer element in at least [[0007] transmit (TX) circuitry and the receive (RX) circuitry for a given transducer element of a universal ultrasound device may be used either to energize the element to emit an ultrasonic pulse; [0053] signal conditioning/processing circuit]:
a first mode of the acoustic pulse emission [[0117] operate in a first mode associated with a first frequency range and a second mode associated with a second frequency range,], in which the processing module is configured to control the transducer element so that only the first set of transducers emit first acoustic pulses [[0007] transmit (TX) circuitry and the receive (RX) circuitry for a given transducer element of a universal ultrasound device may be used either to energize the element to emit an ultrasonic pulse, or to receive] and the first set of transducers operate synchronously [[0034] grouping CUT cells together increases both directivity and sensitivity; [0047] timing and control signals that are used to synchronize and coordinate the operation of the other elements in the device] when emitting the first acoustic pulses to provide a first combined acoustic pulse [[0022] mode may also have different pitch of elements based on the frequency of operation. the different pitch may be implemented, for example, by subset selection and combinations of transducer cells];
a second mode of the acoustic pulse emission [[0022] not limited to operating in only two modes and may operate in any suitable number of modes (e.g., 3, 4, 5, etc.) with each of the modes being associated with a respective frequency range.], in which the processing module is configured to control the transducer element so that:
both the first set of transducers and the second set of transducers emit second acoustic pulses [[0046] TX circuitry 104 (if included) may, for example, generate pulses that drive the individual elements of, or one or more groups of elements within, the transducer array(s) 102 so as to generate acoustic signals to be used for imaging]; and
the first set of transducers and the second set of transducers emit second acoustic pulses operate synchronously when emitting the second acoustic pulses to provide a second combined acoustic pulse [[0054] ultrasonic image of a subject, e.g., a person's abdomen, by energizing some or all of the elements in the array(s) 102 (either together or individually) during one or more transmit phases].
(claim 13 is a method of controlling an acoustic imaging probe identical to the elements described in claim 1 but in method form and is therefore rejected for similar reasons)
(claim 16 is a non-transitory computer-readable storage medium identical to the elements described in claim 1 but in computer-readable medium and is therefore rejected for similar reasons)
Rothberg does not explicitly teach and yet Hajati teaches a combination mode, in which the processing module switches the acoustic pulse emission by the transducer element in a repeated manner between the first mode and the second mode [[abstract] integrated circuitry programmed to successively configure operational modes of the tile, according to a pre-programmed sequence, to successively select respective subsets of the piezoelectric transducers elements for activation. The integrated circuitry includes pulser logic to selectively activate such subset; [0024] some or all of the tiles may each be pre-programmed to implement any of a respective plurality (e.g. a sequence) of operational modes, although certain embodiments are not limited in this regard; [0026] linear transducer array; [0048] each transducer element of a given subset may be selected for activation which is characterized by the same voltage level, time duration, time delay, frequency, etc.; [0052] selectively drive (or “activate”) at various times different respective subsets of the piezoelectric transducer elements of array 310. Such subsets may each correspond to a different respective one of modes 354; [0058] state machine 430 may be configured to successively configure some or all of a sequence of modes Sa, Sb, . . . , Sx. The sequence of modes Sa, Sb, . . . , Sx may be a repeating sequence, although certain embodiments are not limited in this regard; [0052] selectively drive (or “activate”) at various times different respective subsets of the piezoelectric transducer elements of array 310. Such subsets may each correspond to a different respective one of modes 354; [0076] a common trigger event may cause tiles Ta and Tb to select respective transducer elements which are different, for example, in location, geometry, number or the like; [0089] selective activation of the different groups of transducer elements may provide for imaging of a tapered volume].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to combine the ultrasound cell group transmission as taught by Rothberg, with the repeated activation of subsets of transducer elements in sequence as taught by Hajati so that a moving array may be simulated (Hajati) [prior art claim 9].
Rothberg does not explicitly teach and yet Lee teaches interventional device comprising: an acoustic imaging probe configured to be inserted into a blood vessel of a patient for intravascular ultrasound imaging in the blood vessel [[title] dual-element intravascular ultrasound transducer for tissue harmonic imaging and frequency compounding; [sec. i. introduction] measurement of atherosclerotic plaque burden and luminal stenosis requires clear visualization of the plaque, the lumen, and the blood vessel layers; [pg. 3148, col. 2] another benefit of the proposed IVUS transducer is that the echo signals received by the 35-MHz and 70-MHz elements can be used for frequency compounding to further enhance contrast resolution.].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to combine the ultrasound cell group transmission as taught by Rothberg, with the compound imaging as taught by Lee so that the 35-MHz fundamental image, THI, and frequency compound image could be constructed at the same time so that resolution and imaging depth are similar or improved (Lee) [[pg. 3153, col. 2][sec. iv. conclusion]].
Regarding claim 2, Rothberg does not explicitly teach and yet Hajati teaches the acoustic imaging probe of claim 1, wherein each transducer of the first set of transducers and second set of adjacent transducers is configured to require a voltage bias to controllably emit an acoustic pulse, and the processing module is configured to: when operating in the first mode, provide a voltage bias to only the first set of adjacent transducers; and when operating in the second mode, provide a second voltage bias to the first set of adjacent transducers and the second set of adjacent transducers [[0007] each vibrating element can be individually controlled with a respective driving voltage; [0064] Pulser 440 may provide for any of multiple different voltage levels (in this example, three levels) of voltage for driving PZT 415 to generate a pressure wave; [0076] Nevertheless, a common trigger event may cause tiles Ta and Tb to select respective transducer elements which are different, for example, in location, geometry, number or the like. Alternatively or in addition, tiles Ta and Tb may select transducer elements for different types of activation—e.g., characterized by different drive voltages, start times, time durations, frequencies or the like.].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to modify the activation of subsets of transducers as taught by Rothberg, with the activation of selected elements using different drive voltages as taught by Hajati so that unused transducer elements are unpowered.
Regarding claim 6, Rothberg does not explicitly teach and yet Hajiti teaches the acoustic imaging probe of claim 5, wherein, in the combination mode, the processing module is configured to: switch from the first mode to the second mode in response to a predetermined number of first combined acoustic pulses [[0052] control logic 350 may, in response to signals sent to tile 300, successively configure tile 300 with some or all of operational modes 354—e.g. where such successive configuring is according to a sequence which is predetermined at control logic 350]; and switch from the second mode to the first mode in response to the predetermined number of second combined acoustic pulses [[0076] a common trigger event may cause tiles Ta and Tb to select respective transducer elements which are different, for example, in location, geometry, number or the like].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to combine the ultrasound cell group transmission as taught by Rothberg, with the repeated activation of subsets of transducer elements in sequence as taught by Hajati so that a moving array may be simulated (Hajati) [prior art claim 9].
Regarding claim 7, Rothberg also teaches the acoustic imaging probe of claim 1, wherein: the transducer element further comprises a third set of transducers [[0063] ultrasound device having multiple ultrasound circuitry modules 304 formed thereon. As shown, an ultrasound circuitry module 304 may comprise multiple ultrasound elements 306]; and the processing module is further operable in a third mode of acoustic pulse emission, in which the processing module is configured to control the transducer element so that the first set of transducers, the second set of transducers, and the third set of transducers emit third acoustic pulses and the first set of transducers [[0064] ultrasound circuitry modules (e.g., at least two modules, at least ten modules, at least 100 modules, at least 1000 modules, at least 5000 modules, at least 10,000 modules, at least 25,000 modules, at least 50,000 modules, at least 100,000 modules], the second set of transducers, and third set of transducers operate synchronously to provide a third combined acoustic pulse [[0046] TX circuitry 104 (if included) may, for example, generate pulses that drive the individual elements of, or one or more groups of elements within, the transducer array(s) 102 so as to generate acoustic signals to be used for imaging [0021]; [0022]; [0032] subset selection and combining of CUT cells].
Regarding claim 8, Rothberg also teaches the acoustic imaging probe of claim 1, wherein the processing module is adapted to generate a receive signal responsive to one or more echo signals received by at least one of the first set of transducers or second set of transducers [[0021-0022]; [0037] receive beamforming; [0041] receive acoustic signals that have been transmitted through or reflected off of a subject being ultrasonically imaged; [0046] RX circuitry 106, on the other hand, may receive and process electronic signals generated by the individual elements of the transducer array(s) 102 when acoustic signals impinge upon such elements].
Regarding claim 11, Rothberg also teaches the acoustic imaging probe of claim 1, wherein the processing module is configured to be responsive to a selection of the operating mode of the transducer element by a user input signal [[0014] users to perform different imaging tasks; [0114] input devices that can be used for a user interface].
Regarding claim 12, Rothberg also teaches the acoustic imaging probe of claim 1, further comprising a plurality of transducer elements, each comprising first set of transducers and the second set of transducers [[0041] one or more transducer arrangements (e.g. arrays); [0064] comprises modules arranged as an array … two dimensional array of modules].
Regarding claim 17, Rothberg teaches the acoustic imaging probe of claim 1, wherein at least one of: transducers in the first set are adjacent to one another; or transducers in the second set are adjacent to one another [[fig. 3] shows adjacent transducer modules with dimensions 32x2 and having 4x4 with 64x144 elements as an example].
Regarding claim 18, Rothberg teaches the acoustic imaging probe of claim 1, the first set and the second set are adjacent to one another [[fig. 3] shows adjacent transducer modules with dimensions 32x2 and having 4x4 with 64x144 elements as an example].
Claims 3-4 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Rothberg (US 2017/0360397 A1) and Hajati (US 2015/0343493 A1) as applied to claim 1 above, and further in view of Davidsen (WO 2017/149421 A1; search report).
Regarding claim 3, Rothberg does not explicitly teach and yet Davidsen teaches the acoustic imaging probe of claim 1, wherein the processing module is configured to control the transducer element so that a first center frequency of the first combined acoustic pulse is different to a second center frequency of the second combined acoustic pulse [[pg. 11:25-34] the array of the present example comprises three groups of the CMUT cells, wherein each group is disposed at a different distance from the center of the array and operates at a different frequency being lower the farther the distance is from the central region. The full bias voltage VB is applied to the central group of cells 74, a lower bias voltage dropped across resistor 78 is applied to the next outer group of cells 94, and the lowest bias voltage dropped across resistor 79 is applied to the outermost group of cells 96.].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to replace the changes in size of active aperture as taught by Rothberg, with the changing of biases to change frequency characteristics as taught by Davidsen so that resolution may be traded off with penetration depth (Davidsen) [[pg. 3:25-34]].
Regarding claim 4, Rothberg as modified by Davidsen teaches the acoustic imaging probe of claim 3, wherein the processing module is configured to control the transducer element so that the first center frequency of the first combined acoustic pulse is greater than the second center frequency of the second combined acoustic pulse [[pg. 3:25-34]].
Regarding claim 9, Rothberg does not explicitly teach and yet Davidsen teaches the acoustic imaging probe of claim1, wherein the transducer element comprises capacitive micromachined ultrasonic transducer [[pg. 2:1-5] MUTs have been fabricated in two design approaches, one using a semiconductor layer with piezoelectric properties (PMUTs) and another using a diaphragm and substrate with electrode plates that exhibit a capacitive effect (CMUTs).].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to implement the ultrasonic transducers as taught by Rothberg, with the piezoelectric or capacitive style micromachined ultrasonic transducers as taught by Davidsen because these two design approach are commonly used to fabricate micromachined ultrasonic transducers (Davidsen) [[pg. 2:1-5]].
Regarding claim 10, Rothberg does not explicitly teach and yet Davidsen teaches the acoustic imaging probe of claim 1, wherein the transducer element comprises piezoelectric transducers [[pg. 2:1-5]].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to implement the ultrasonic transducers as taught by Rothberg, with the piezoelectric or capacitive style micromachined ultrasonic transducers as taught by Davidsen because these two design approach are commonly used to fabricate micromachined ultrasonic transducers (Davidsen) [[pg. 2:1-5]].
Claim 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rothberg (US 2017/0360397 A1; search report) and Hajati (US 2015/0343493 A1) as applied to claim 6 above, and further in view of Gang (CN 101936756 A).
Regarding claim 19, Rothberg does not explicitly teach and yet Gang teaches the acoustic imaging probe of claim 6, wherein the predetermined number of first combined acoustic pulses and the predetermined number of second combined acoustic pulses are different from one another [[0025] transmitter includes a pulse generator, a modulator, and a power amplifier, wherein the pulse generator receives parameter information such as pulse repetition frequency, pulse length, and pulse number provided by a central control processor, thereby generating a pulse train that meets the requirements and sending it to the modulator.; [0042] central control processor generates a pulse control signal according to the parameter information such as pulse repetition frequency, pulse length and number of pulses stored in it, and sends it to the pulse generator in the transmitter, and controls the pulse generator to generate pulse train signals that meet different requirements].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to modify the transmission circuity as taught by Rothberg, with the control of pulse length and pulse number as taught by Gang so that a tradeoff is made between bandwidth and resolution (Gang) [[0017]].
Response to Arguments
Applicant’s arguments, see pgs. 7-9, filed 3/30/2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lee (IEEE Trans. on Biomed. Eng., 2019).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN D ARMSTRONG whose telephone number is (571)270-7339. The examiner can normally be reached M - F 9am-5pm.
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/JONATHAN D ARMSTRONG/ Examiner, Art Unit 3645
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