DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claim(s) 1, 18, 53-54, 110-111, 124 and 127 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. (US Pub No. 2017/0311808) in view of Saarinen et al. (US Pub No. 2018/0206819) and Leinders et al. (“A sensitive optical micro-machined ultrasound sensor (OMUS) based on a silicon photonic ring resonator on an acoustical membrane”, September 2015), or, alternatively to Leinders et al., Nakajima et al. (US Pub No. 2014/0118749).
With regards to claims 1 and 124, Thornton et al. disclose an apparatus for imaging a target, comprising:
an ultrasound transducer array (500) (paragraph [0085], referring to the combination transducer array 500) comprising:
one or more array elements (i.e. 532-558) of a first type (i.e. transmit-receive transducer array which may be A-mode ultrasound or B-mode ultrasound, etc.), wherein the first type is a transducer configured to transmit acoustic waves (paragraphs [0083], [0085], referring to the linear transmit-receive array (531) which can be used for A-mode or B-mode ultrasound imaging; Figure 5); and
one or more array elements (i.e. 502-528, 562-588) of a second type different from the first type (i.e. receive-only transducer arrays which may be employed in 2D thermoacoustic imaging of tissue (paragraphs [0084]-[0085], referring to the two linear receive-only transducer arrays (531, 561) which may be employed in 2D thermoacoustic imaging of tissue; Figure 5),
wherein the array elements of the first and second types are configured to detect acoustic echoes corresponding to the acoustic waves transmitted by the array elements of the first type (paragraph [0080], referring to, at 1708, the transmit-receive transducer array delivering an ultrasound beam to the tissue; paragraphs [0083]-[0085], referring to both the linear transmit-receive array and linear receive-only transducer arrays being able to receive/detect acoustic echoes/pulses; paragraphs [0060], [0085], referring to the transmit-receive elements being capable of receiving and detecting acoustic echoes and the receive-only element also being capable of receiving and detecting acoustic echoes, and thus the array elements of the first and second types are configured to detect acoustic echoes transmitted by the array elements of the first type), and
further wherein the one or more array elements of the first type and the one or more array elements of the second type are arranged in two or more alternating rows (i.e. 501, 531, 561) in the elevation dimension, each of the alternating rows including either only the first type of array element or only the second type of array element (paragraph [0085], referring to the combination transducer array (500) including the linear transmit-receive array and linear receive-only transducer arrays which surround the transmit-receive array (531) on opposite sides, wherein, as depicted in Figure 5, the array elements of the first type and the second type are arranged in alternating rows in the elevation dimension, each of the rows including either only the first type of array element or only the second type of array element; Figure 5).
However, Thornton et al. do not specifically disclose that the second type is an optical sensor including an ultrasonic enhancement material.
Further, Thornton et al. do not specifically disclose that at least one of the two or more alternating rows has a variable pitch in the lateral dimension or that the two or more alternating rows differ in pitch [claim 124].
Saarinen et al. disclose a transducer array device and system, wherein the transducer portion has an array of piezoelectric transducers mounted to an inner concave surface of a semi-rigid surface, wherein each array contains multiple piezoelectric crystals that both emit and receive ultrasound waves. The distance between crystals can be irregular causing crystal density to vary or, in other examples, each crystal of the array has uniform spacing between the crystals throughout the array (Abstract; paragraph [0023], note that this irregular spacing between the crystals in the array would correspond to the ultrasound transducer array having transducer cells/crystals having varied spacing in the lateral direction; Figure 1). Each transducer array may be equally spaced from the array next to it, or the array spacing may vary to cause higher density in certain imaging regions (paragraph [0223], note that the spacing between the transducer elements would thus vary in a lateral or elevation direction; Figure 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have at least one of the two or more alternating rows of Thornton et al. have a variable pitch in the lateral dimension or that the two or more alternating rows differ in pitch, as taught by Saarinen et al., in order to cause the transducer array element density to vary, such as providing higher density of the elements in certain imaging regions and thereby providing the ability to focus in certain regions (paragraph [0023]).
However, the above combined references do not specifically disclose that the second type is an optical sensor including an ultrasonic enhancement material.
Leinders et al. disclose a very sensitive ultrasound sensor which can easily be repeated into an array of sensors by using waveguide gratings and is useful for photoacoustics where high SNR and a small bandwidth are needed (Abstract; pgs. 6-7, Section “Discussion”). The receiver-only optical micro-machined ultrasound transducers (OMUS) with a membrane contains an optical micro-ring resonator (pg. 2, last 3 paragraphs). The membrane of the OMUS was designed using a silicon oxide slabe (pg. 3, 2nd to last paragraph, wherein silicon is a known ultrasonic enhancement material).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the transducer of the second type (i.e. transducer which is used for photoacoustic imaging) of the above combined references, with a second type of a transducer used for photoacoustic imaging comprising an optical sensor including an ultrasonic enhancement material (i.e. silicon), as taught by Leinders et al., as the substitution of one known transducer type for another yields predictable results (i.e. effectively detecting acoustic signals) to one of ordinary skill in the art and further to provide a transducer which is useful for photoacoustics where high SNR and a small bandwidth are needed (Abstract; pgs. 6-7, Section “Discussion”). One of ordinary skill in the art would have been able to carry out such a substitution and the results are reasonably predictable.
Alternatively, Nakajima et al. disclose an acoustic signal receiving apparatus, wherein, as an alternative to using a transducer using a piezoelectric phenomenon or a transducer using a change in capacitance (i.e cMUTs), a detector, such as a Fabry-Perot probe using optical resonance can be used (Abstract; paragraphs [0004]-[0005]). An intensity of the incident elastic/ultrasound wave is based on a change in the detected reflected light amount (Abstract; paragraphs [0061]-[0062]). The acoustic wave detector using a Fabry-Perot interferometer is referred to as a Fabry-Perot probe, wherein the Fabry-Perot probe comprises a first mirror (402) and a second mirror (401) opposing the first mirror, wherein a spacer film (403) is between the mirrors (paragraphs [0005], [0046]; Figure 4). Preferably, the spacer film is made of an organic polymer film, such as parylene, SU8,or polyethylene (paragraphs [0046]-[0047], note that parylene is an ultrasonic enhancement material, as recognized by Applicant in paragraph [0059] of Applicant’s PG-Pub 2023/0148869, which sets forth “The space inside and/or around the optical sensors may be filled with an ultrasonic enhancement material, such as for example, polyvinylidene fluoride, parylene, polystyrene, and/or the like”, and therefore, the Fabry-Perot probe is an optical sensor which is configured to detect acoustic echoes corresponding to acoustic waves and includes an ultrasonic enhancement material (i.e. parylene); Figure 4). A high-resolution photoacoustic image within a short time period may be obtained by using the Fabry-Perot probe and it becomes possible to image the distribution of concentration of a substance, such as glucose, collagen, hemoglobin, etc., constituting the biological object (paragraphs [0073], [0076]).
Therefore, alternatively, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the transducer of the second type (i.e. transducer which is used for photoacoustic imaging) of Thornton et al., with a second type of a transducer comprising of an optical sensor including an ultrasonic enhancement material (i.e. parylene) [which is used for photoacoustic imaging], as taught by Nakajima et al., as the substitution of one known transducer type for another yields predictable results (i.e. effectively detecting acoustic signals) to one of ordinary skill in the art. One of ordinary skill in the art would have been able to carry out such a substitution and the results are reasonably predictable.
With regards to claim 18, Thornton et al. disclose that the ultrasound transducer array further comprises at least one row comprising at least one array element of the first type and at least one array element of the second type (paragraph [0040], referring to the embodiments being combined to form additional embodiments not expressly described; paragraphs [0085]-[0088]; Figures 6-7, which depicts an embodiment comprising a row including at least one array element of the A-mode/B-mode, etc. transmit-receive type and at least one array element of the thermoacoustic receive-only type).
With regards to claim 53, Nakajima et al. disclose that the optical sensor is an interference-based optical sensor (paragraphs [0005], [0046]-[0047], referring to the Fabry-Perot probe corresponding to the acoustic wave detector using the Fabry-Perot interferometer, and thus the optical sensor (i.e. Fabry-Perot probe) is an interference-based optical sensor).
With regards to claim 54, Leinders et al. disclose that the optical sensor comprises an optical resonator (pg. 2, last 3 paragraphs, referring to the receiver-only optical micro-machined ultrasound transducers (OMUS) with a membrane containing an optical micro-ring resonator).
With regards to claim 110, Thornton et al. disclose that the one or more array elements of the first type are configured to permit generation of a first image from the acoustic echoes (paragraph [0071], referring to reconstructing respective images (ultrasound and thermoacoustic) from the thermoacoustic output signals and the ultrasound output signals), and the one or more array elements of the second type are configured to permit generation of a second image from the acoustic echoes (paragraph [0071], referring to reconstructing respective images (ultrasound and thermoacoustic) from the thermoacoustic output signals and the ultrasound output signals).
With regards to claim 111, Thornton et al. disclose that the one or more array elements of the first type and the one or more array elements of the second type are configured to permit generation of a combination image of the first image and the second image (paragraph [0071], referring to the imaging assembly providing composite images representative of the ultrasound output signals and the thermoacoustic output signals).
Claim(s) 29, 32-33 and 126 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. in view of Saarinen et la. and Leinders et al. [or Nakajima et al.], as applied to claim 1 above, and further in view of Lazenby et al. (US Pub No. 2005/0192499).
With regards to claim 29, as discussed above, the above combined references meet the limitations of claim 1. Further, with regards to claim 126, the above combined references meet most of the limitations of the claim (i.e. an apparatus for imaging a target comprising an ultrasound transducer array comprising one or more array elements of a first type and one or more array elements of a second type different from the first type, etc.). However, they do not specifically disclose that the ultrasound transducer array comprises a plurality of sub-apertures in the lateral dimension, each sub-aperture having a set of rows of the two or more alternating rows in the elevation dimension and having at least one array element of the first type and at least one array element of the second type, or, with regards to claim 126, that the ultrasound transducer array comprises a plurality of sub-apertures in the lateral dimension, including a first sub-aperture including the two or more alternating rows, a second sub-aperture including a first row of one or more array elements of the second type and a third sub-aperture includeing a second row of one or more array elements of the second type
Lazenby et al. disclose different subarray combinations for ultrasound imaging, wherein the use of subarrays/”sub-apertures” may minimize the number of receive beamformer channels used in an ultrasound imaging system or the number of cables to communicate the signals from the elements to the ultrasound imaging system (Abstract; paragraphs [0001]-[0002], [0004]-[0005]). Different subarray sizes allow use of an entire or desired aperture of a multidimensional or other array (paragraph [0014]). As depicted in Figure 1, a super array (12) of elements (14) can be divided into two different possible subarray configurations, such as a super array represented by 3x12 block of elements (14), wherein a fully sampled square or rectangular grid of elements (14) is provided (paragraphs [0114]-[0017]; Figure 1, note that the plurality of sub-arrays are provided in the lateral dimension).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the ultrasound transducer array of the above combined references comprise a plurality of sub-apertures, as taught by Lazenby et al., in order to minimize the number of receive beamformer channels used in an ultrasound imaging system or the number of cables to communicate the signals from the elements to the ultrasound imaging system and allow use of an entire or desired aperture of a multidimensional or other array (Abstract; paragraphs [0001]-[0002], [0004]-[0005], [0014]).
With regards to the limitation “each sub-aperture having a set of rows of the two or more alternating rows in the elevation dimension and having at least one array element of the first type and at least one array element of the second type”, one of ordinary skill in the art would recognize that the ultrasound transducer array as depicted in Figure 5 of Thornton modified to comprise a plurality of sub-apertures in the lateral dimension, as taught by Lazenby et al., would result in each sub-aperture having a set of rows of the two or more alternating rows in the elevation dimension and having at least one array element of the first type and at least one array element of the second type (see below annotated Figure 5 of Thornton with a plurality of sub-apertures marked, which further depict a first sub-aperture including two or more alternating rows, a second sub-aperture including a first row of one or more array elements of the second type and a third sub-aperture including a second row of one or more array elements of the second type).
Annotated Figure 5:
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With regards to claims 32-33, the above combined references disclose a first row of the two or more alternating rows has a first pitch within a first sub-aperture of the plurality of sub- apertures and a second pitch that differs from the first pitch within a second sub-aperture of the plurality of sub-apertures [claim 32] and/or wherein the set of rows of a sub-aperture of the plurality of sub-apertures further comprises a first row having a first pitch and a second row having a second pitch [claim 33] (See the above annotated Figure 5, wherein the at least one of the two or more alternating rows would further have a variable pitch in the lateral dimension (and elevation dimension) as taught by Saarinen, and further having the claimed plurality of sub-apertures, as taught by Lazenby et al., would result in the first row of the two or more alternating rows having a first pitch with a first sub-aperture of the plurality of sub-apertures and a second pitch that differs from the first pitch within a second sub-aperture of the plurality of sub-apertures, wherein the set of rows of a sub-aperture of the plurality of sub-apertures further comprises a first row having a first pitch and a second row having a second pitch, etc.).
With regards to claim 127, Leinders et al. or Nakajima et al. disclose that the ultrasonic enhancement material (i.e. silicon in Leinders or parylene is Nakajima) is disposed in a space inside and/or around the optical sensor and is configured such that, in response to the acoustic echoes, a refractive index of the ultrasonic enhancement material changes more than a refractive index of a material of the optical sensor (see Leinders, Figure 1, which depicts silicon (i.e.US enhancement material) disposed in a space inside and/or around the optical sensor (i.e. resonator elements); further, as is known in the art, optical ultrasound transducers detect sound by converting ultrasonic-induced refractive index changes into measurable optical signals, which would thus inherently require that the surrounding silicone have a refractive index that changes more than a refractive index of a material of the optical sensor; see Nakajima et al., paragraphs [0005], [0046]; Figure 4, wherein the spacer film (403) is disposed in a space inside and/or around the optical sensor components (i.e. mirrors, etc.) and is made of parylene, which is the same material disclosed by Applicant (see paragraph [0059] of Applicant’s PG-Pub), and thus has the inherent property of having a refractive index that changes more than a refractive index of a material of the optical sensor).
Claim(s) 56, 108-109, 112-113, 114-116 and 122-123 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. in view of Saarinen et al., Leinders et al. and Wiest et al., alone, or alternatively, further in view of Choi (US Pub No. 2016/0206288), or, alternatively to Leinders et al., in view of Nakajima et al..
With regards to claims 56 and 114, Thornton et al. disclose an apparatus and a method of ultrasound transducing performed by a system comprising:
an ultrasound probe having an ultrasound transducer array (500) (paragraph [0085], referring to the combination transducer array 500) including one or more array elements (i.e. 532-558) of a first type (i.e. transmit-receive transducer array which may be A-mode ultrasound or B-mode ultrasound, etc.) configured to transmit acoustic waves (paragraphs [0083], [0085], referring to the linear transmit-receive array (531) which can be used for A-mode or B-mode ultrasound imaging; Figure 5); and one or more array elements (i.e. 502-528, 562-588) of a second type different from the first type (i.e. receive-only transducer arrays which may be employed in 2D thermoacoustic imaging of tissue) (paragraphs [0084]-[0085], referring to the two linear receive-only transducer arrays (531, 561) which may be employed in 2D thermoacoustic imaging of tissue; Figure 5),
wherein the one or more array elements of the first type and the one or more array elements of the second type are arranged in two or more alternating rows (i.e. 501, 531, 561) in the elevation dimension, each of the alternating rows including either only the first type of array element or only the second type of array element (paragraph [0085], referring to the combination transducer array (500) including the linear transmit-receive array and linear receive-only transducer arrays which surround the transmit-receive array (531) on opposite sides, wherein, as depicted in Figure 5, the array elements of the first type and the second type are arranged in alternating rows in the elevation dimension, each of the rows including either only the first type of array element or only the second type of array element; Figure 5),
a transmit circuitry including transmit channels connected to the one or more array elements of the first type (paragraph [0003], referring to, in ultrasound medical imaging, strong, short electrical pulses transmitted by the ultrasound system drive the transducer, wherein such transmission of electrical pulses by the ultrasound system inherently requires transmit circuitry; paragraph [0077], referring to the electronic data channels in the composite imaging system electronics, wherein each element of the transmit-receive transducer array is associated with a single channel of the imaging system);
a receive circuitry including receive channels connected to the one or more array elements of the second type (paragraph [0077], referring to the electronic data channels in the composite imaging system electronics, wherein each element of the receive-only transducer array is associated with a single channel of the imaging system; paragraphs [0064], [0068], [0071], referring to the additional components of 122 which can include an imaging assembly for processing thermoacoustic output signals from the receive-only transducer array (108), wherein such processing components correspond to receive circuitry, and further referring to the imaging assembly receiving thermoacoustic output signals and analyzes those signals through signal processing, wherein signal can be digitized and further processed, etc.; Figure 1), the method comprising:
transmitting acoustic waves using the transmit circuitry and the one or more array elements of the first type of the ultrasound probe (paragraph [0080], referring to, at 1708, the transmit-receive transducer array delivering an ultrasound beam to the tissue; paragraphs [0077], [0083]; Figures 1, 17); and
receiving acoustic echoes in response to the acoustic waves, using the receive circuitry, the one or more array elements of the first type, and the one or more array elements of the second type (paragraph [0080], referring to, at 1706, the receive-only transducer array detecting acoustic signals thermoacoustically and converts the detected thermoacoustically-generated acoustic signals to thermoacoustic output signals and further at 1708, the transmit-receive transducer array detects echoes of the ultrasound beam from the tissue and converts the detected echoes to ultrasound output signals; paragraphs [0064], [0068], [0071]; Figures 1, 17).
Further, with regards to claim 114, Thornton et al. disclose that the array elements of the first and second types are configured to detect acoustic echoes corresponding to the transmitted acoustic waves (paragraphs [0060], [0085], referring to the transmit-receive elements being capable of receiving and detecting acoustic echoes and the receive-only element also being capable of receiving and detecting acoustic echoes).
However, the above combined references do not specifically disclose that at least one of the two or more alternating rows has a variable pitch in the lateral dimension.
Additionally, they do not specifically disclose that the one or more array elements of the second type are configured as optical sensors including an ultrasonic enhancement material.
Further, they do not specifically disclose that the transmit circuitry comprises a transmit beamformer and the receive circuitry comprises a receive beamformer.
Saarinen et al. disclose a transducer array device and system, wherein the transducer portion has an array of piezoelectric transducers mounted to an inner concave surface of a semi-rigid surface, wherein each array contains multiple piezoelectric crystals that both emit and receive ultrasound waves. The distance between crystals can be irregular causing crystal density to vary or, in other examples, each crystal of the array has uniform spacing between the crystals throughout the array (Abstract; paragraph [0023], note that this irregular spacing between the crystals in the array would correspond to the ultrasound transducer array having transducer cells/crystals having varied spacing in the lateral direction; Figure 1). Each transducer array may be equally spaced from the array next to it, or the array spacing may vary to cause higher density in certain imaging regions (paragraph [0223], note that the spacing between the transducer elements would thus vary in a lateral or elevation direction; Figure 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have at least one of the two or more alternating rows of Thornton et al. have a variable pitch in the lateral dimension, as taught by Saarinen et al., in order to cause the transducer array element density to vary, such as providing higher density of the elements in certain imaging regions and thereby providing the ability to focus in certain regions (paragraph [0023]).
However, the above combined references do not specifically disclose that the one or more array elements of the second type are configured as optical sensors including an ultrasonic enhancement material.
Further, they do not specifically disclose that the transmit circuitry comprises a transmit beamformer and the receive circuitry comprises a receive beamformer.
Leinders et al. disclose a very sensitive ultrasound sensor which can easily be repeated into an array of sensors by using waveguide gratings and is useful for photoacoustics where high SNR and a small bandwidth are needed (Abstract; pgs. 6-7, Section “Discussion”). The receiver-only optical micro-machined ultrasound transducers (OMUS) with a membrane contains an optical micro-ring resonator (pg. 2, last 3 paragraphs). The membrane of the OMUS was designed using a silicon oxide slabe (pg. 3, 2nd to last paragraph, wherein silicon is a known ultrasonic enhancement material).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the transducer of the second type (i.e. transducer which is used for photoacoustic imaging) of the above combined references, with a second type of a transducer used for photoacoustic imaging comprising an optical sensor including an ultrasonic enhancement material (i.e. silicon), as taught by Leinders et al., as the substitution of one known transducer type for another yields predictable results (i.e. effectively detecting acoustic signals) to one of ordinary skill in the art and further to provide a transducer which is useful for photoacoustics where high SNR and a small bandwidth are needed (Abstract; pgs. 6-7, Section “Discussion”). One of ordinary skill in the art would have been able to carry out such a substitution and the results are reasonably predictable.
However, the above combined references do not specifically disclose that the transmit circuitry comprises a transmit beamformer and the receive circuitry comprises a receive beamformer.
Wiest et al. disclose a hybrid optoacoustic and ultrasonographic imaging of an object, wherein a transducer unit (4) is connected to a multiplexer (10) which is configured to control the transducer elements (5) of the transducer unit (4) to operate in different operation modes (paragraph [0091]). The different operation modes can include the receive-only mode for optoacoustic imaging and/or the transmit-and-receive mode for ultrasonographic imaging and/or a so-called mixed mode, in which ultrasound waves generated in the object 1 upon illumination are received by a first subset (not shown) of the transducer elements 5 and ultrasound waves are emitted by a second subset (not shown) of the transducer elements 5 and ultrasound waves reflected and/or transmitted by the object 1 are received by the second subset of the transducer elements 5, wherein the first subset of transducer elements is different from the second subset of transducer elements (paragraph [0091]). Accordingly, the multiplexer unit 10 allows for a switching between optoacoustic imaging, ultrasonographic imaging and/or combined optoacoustic/ultrasonographic imaging, respectively (paragraph [0091]). An integrated excitation/detection electronics (11) comprises an ultrasound pulser (12) configured to generate pulses which are fed to the transducer elements (5), an AD conversion unit, an acquisition control unit (14) configured to control the acquisition of optoacoustic and ultrasonographic images, and a frontend (15) configured to execute switching between ultrasound pulser and AD conversion unit, pre-amplification, and wherein the integrated electronics (11) may also be configured to execute signal pre-processing, filtering or image generation (paragraphs [0093], [0098]-[0104]; Figures 1-2). Ultrasonic arrays are able to form images employing both steering and focusing the beam in arbitrary direction in the imaged plane by applying suitable time delays on the driving input signals to the array elements (paragraph [0116], note that such application of time delays and driving of input signals corresponds to a transmit beam former). Beamforming at reception can be accomplished analogously to the transmission process with help of delay-and-sum circuitry or digital beamforming, wherein by inducing proper time delays in each channel it is possible to align received echoes before their coherent summation (paragraphs [0028], [0116], [0129], claim 9, note that the elements that perform the beamforming correspond to a receive beamformer). High-resolution ultrasound images with linear and phased arrays may thus be produced despite their limited tomographic view (paragraph [0119]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the transmit circuitry comprises a transmit beamformer and the receive circuitry comprises a receive beamformer, as taught by Wiest et al., in order to produce high-resolution ultrasound images (paragraph [0119]).
With regards to the receive circuitry comprising a receive beamformer, if it is not convincing that the receive circuitry for a non-optical sensor [as taught by Wiest et al.] would apply for an optical sensor, as is taught by the above combined references, Choi et al. disclose an ultrasonic probe including an optical resonating waveguide configured to receive an echo ultrasound signal and a converter configured to convert the echo ultrasound signal to an electric signal based on the acoustic pressure of the echo signal determined based on a change in wavelength of an optical signal traveling within the optical resonating waveguide (Abstract; note that such an optical resonating waveguide corresponds to an optical sensor). The ultrasonic imaging apparatus may obtain a digital signal by performing beamforming on the electric signal and sampling the digital signal through an ADC, wherein the electric signal is proportional to the extent of the change in intensity of the optical signal and the level of the acoustic pressure (paragraphs [0092], [0132]-[0133]; Figure 9). The ultrasonic probe improves both transmission sensitivity and reception sensitivity and is able to suppress the occurrence of electrical noise (paragraphs [0092]-[0094]).
Therefore, alternatively, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the receive circuitry for the optical sensor of the above combined references comprise a receive beamformer, as taught by Choi et al., in order to successfully generate an image using detection signals acquired using an optical sensor wherein improved reception sensitivity is provided and electrical noise is suppressed (paragraphs [0092]-[0094], [0132]-[0133]).
Alternatively to using Leinders et al., Nakajima et al. disclose an acoustic signal receiving apparatus, wherein, as an alternative to using a transducer using a piezoelectric phenomenon or a transducer using a change in capacitance (i.e cMUTs), a detector, such as a Fabry-Perot probe using optical resonance can be used (Abstract; paragraphs [0004]-[0005]). An intensity of the incident elastic/ultrasound wave is based on a change in the detected reflected light amount (Abstract; paragraphs [0061]-[0062]). The acoustic wave detector using a Fabry-Perot interferometer is referred to as a Fabry-Perot probe, wherein the Fabry-Perot probe comprises a first mirror (402) and a second mirror (401) opposing the first mirror, wherein a spacer film (403) is between the mirrors (paragraphs [0005], [0046]; Figure 4). Preferably, the spacer film is made of an organic polymer film, such as parylene, SU8,or polyethylene (paragraphs [0046]-[0047], note that parylene is an ultrasonic enhancement material, as recognized by Applicant in paragraph [0059] of Applicant’s PG-Pub 2023/0148869, which sets forth “The space inside and/or around the optical sensors may be filled with an ultrasonic enhancement material, such as for example, polyvinylidene fluoride, parylene, polystyrene, and/or the like”, and therefore, the Fabry-Perot probe is an optical sensor which is configured to detect acoustic echoes corresponding to acoustic waves and includes an ultrasonic enhancement material (i.e. parylene); Figure 4). A high-resolution photoacoustic image within a short time period may be obtained by using the Fabry-Perot probe and it becomes possible to image the distribution of concentration of a substance, such as glucose, collagen, hemoglobin, etc., constituting the biological object (paragraphs [0073], [0076]).
Therefore, alternatively to using Leinders et al., before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the transducer of the second type (i.e. transducer which is used for photoacoustic imaging) of Thornton et al., with a second type of a transducer comprising of an optical sensor including an ultrasonic enhancement material (i.e. parylene) [which is used for photoacoustic imaging], as taught by Nakajima et al., as the substitution of one known transducer type for another yields predictable results (i.e. effectively detecting acoustic signals) to one of ordinary skill in the art. One of ordinary skill in the art would have been able to carry out such a substitution and the results are reasonably predictable.
With regards to claims 108 and 122, Nakajima et al. disclose that the optical sensor is an interference-based optical sensor (paragraphs [0005], [0046]-[0047], referring to the Fabry-Perot probe corresponding to the acoustic wave detector using the Fabry-Perot interferometer, and thus the optical sensor (i.e. Fabry-Perot probe) is an interference-based optical sensor).
With regards to claims 109 and 123, Leinders et al. disclose that the optical sensor comprises an optical resonator (pg. 2, last 3 paragraphs, referring to the receiver-only optical micro-machined ultrasound transducers (OMUS) with a membrane containing an optical micro-ring resonator).
With regards to claim 112, Thornton et al. disclose that the method further comprises generating a first image from the acoustic echoes received by the one or more array elements of the first type (paragraph [0071], referring to reconstructing respective images (ultrasound and thermoacoustic) from the thermoacoustic output signals and the ultrasound output signals), and generating a second image from the acoustic echoes received by the one or more array elements of the second type (paragraph [0071], referring to reconstructing respective images (ultrasound and thermoacoustic) from the thermoacoustic output signals and the ultrasound output signals).
With regards to claim 113, Thornton et al. disclose generating a combination image from the first image and the second image (paragraph [0071], referring to the imaging assembly providing composite images representative of the ultrasound output signals and the thermoacoustic output signals).
With regards to claim 115, Wiest et al. disclose that the transmit beamformer is connected to the one or more array elements of the first type via a plurality of transmit channels routed through a multiplexer (10 or multiplexing within the front end (15)) (paragraphs [0016], [0091], [0103], Figures 1A, 2).
With regards to claim 116, Wiest et al. disclose that the receive beamformer is connected to the one or more array elements of the second type via a plurality of optical waveguides (pg. 3, last paragraph, referring to the silicon waveguides; see Figures 1-2, wherein in Figure 2 there are two waveguides).
Claim(s) 84 and 119 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. in view of Saarinen et al., Leinders et al., and Wiest et al., alone, or alternatively, further in view of Choi, or, alternatively to Leinders et al., in view of Nakajima et al as applied to claims 56 and 114 above, and further in view of Lazenby et al..
With regards to claims 84 and 119, as discussed above, the above combined references meet the limitations of claims 56 and 114. However, they do not specifically disclose that the ultrasound transducer array comprises a plurality of sub-apertures in the lateral dimension, each sub-aperture having a set of rows of the two or more alternating rows in the elevation dimension and having at least one array element of the first type and at least one array element of the second type.
Lazenby et al. disclose different subarray combinations for ultrasound imaging, wherein the use of subarrays/”sub-apertures” may minimize the number of receive beamformer channels used in an ultrasound imaging system or the number of cables to communicate the signals from the elements to the ultrasound imaging system (Abstract; paragraphs [0001]-[0002], [0004]-[0005]). Different subarray sizes allow use of an entire or desired aperture of a multidimensional or other array (paragraph [0014]). As depicted in Figure 1, a super array (12) of elements (14) can be divided into two different possible subarray configurations, such as a super array represented by 3x12 block of elements (14), wherein a fully sampled square or rectangular grid of elements (14) is provided (paragraphs [0114]-[0017]; Figure 1, note that the plurality of sub-arrays are provided in the lateral dimension).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the ultrasound transducer array of the above combined references comprise a plurality of sub-apertures, as taught by Lazenby et al., in order to minimize the number of receive beamformer channels used in an ultrasound imaging system or the number of cables to communicate the signals from the elements to the ultrasound imaging system and allow use of an entire or desired aperture of a multidimensional or other array (Abstract; paragraphs [0001]-[0002], [0004]-[0005], [0014]).
With regards to the limitation “each sub-aperture having a set of rows of the two or more alternating rows in the elevation dimension and having at least one array element of the first type and at least one array element of the second type, one of ordinary skill in the art would recognize that the ultrasound transducer array as depicted in Figure 5 of Thornton modified to comprise a plurality of sub-apertures in the lateral dimension, as taught by Lazenby et al., would result in each sub-aperture having a set of rows of the two or more alternating rows in the elevation dimension and having at least one array element of the first type and at least one array element of the second type (see below annotated copy of Figure 5 of Thornton).
Annotated copy of Figure 5:
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Claim(s) 85-86 and 120-121 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. in view of Saarinen et al., Leinders et al., and Wiest et al. and Lazenby et al., alone, or alternatively, further in view of Choi, or, alternatively to Leinders et al., in view of Nakajima et al as applied to claims 84 and 119 above, and further in view of Seip et al..
With regards to claims 85-86 and 120-121, as discussed above, the above combined references meet the limitations of claims 84 and 119. However, the above combined references do not specifically disclose that a first row of the two or more alternating rows has a first pitch within a first sub-aperture of the plurality of sub-apertures and a second pitch that differs from the first pitch within a second sub-aperture of the plurality of sub-apertures, wherein the set of rows of a sub-aperture of the plurality of sub-apertures further comprises a first row having a first pitch and a second row having a second pitch.
Seip et al. disclose ultrasound transducers which focus acoustic energy at various focal locations while minimizing focal spot degradation and the generation of unwanted on-axis or off-axis energy concentrations, wherein a transducer (400) may include a different number of elements (402) in different rows and further the transducer elements could correspond to different sub-apertures (Abstract; paragraphs [0043], [0056]; Figure 4A,B). For example, the transducer (400) could be about 22 inches in width and include 826 elements arranged in six rows of 116, 138, 159, 159, 138 and 116 elements each (paragraph [0056], note that the transducer thus has a first set of rows having a first pitch that differs from a second pitch of a second set of rows of a second sub-aperture of the plurality of sub-apertures due to the different number of elements in the different rows across a transducer array of uniform width which results in different center-to-center spacing between the transducer elements). This permits a finer resolution for phasing the elements of a given sub-aperture of transducer (400) to approximate a spot instead of the natural focus of the sub-aperture, a line, thus assisting in maintaining the sharpness of the focus spot (paragraph [0056]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have a first row of the two or more alternating rows of the above combined references has a first pitch within a first sub-aperture of the plurality of sub-apertures and a second pitch that differs from the first pitch within a second sub-aperture of the plurality of sub-apertures, wherein the set of rows of a sub-aperture of the plurality of sub-apertures further comprises a first row having a first pitch and a second row having a second pitch, as taught by Seip et al., in order to permit a finer resolution for phasing the elements of a given sub-aperture of the transducer, thus assisting in maintaining the sharpness of the focus spot (paragraph [0056]).
Claim(s) 124 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. in view of Saarinen et al., Leinders et al. [or Nakajima et al.] as applied to claim 1 above, and, alternatively, further in view of Seip et al..
With regards to claims 124, as discussed above, the above combined references meet the limitations of claims 1 and 124. However, alternatively, if the above combined references do not specifically disclose that the two or more alternating rows differ in pitch.
Seip et al. disclose ultrasound transducers which focus acoustic energy at various focal locations while minimizing focal spot degradation and the generation of unwanted on-axis or off-axis energy concentrations, wherein a transducer (400) may include a different number of elements (402) in different rows and further the transducer elements could correspond to different sub-apertures (Abstract; paragraphs [0043], [0056]; Figure 4A,B). For example, the transducer (400) could be about 22 inches in width and include 826 elements arranged in six rows of 116, 138, 159, 159, 138 and 116 elements each (paragraph [0056], note that the transducer thus has a first set of rows having a first pitch that differs from a second pitch of a second set of rows of a second sub-aperture of the plurality of sub-apertures due to the different number of elements in the different rows across a transducer array of uniform width which results in different center-to-center spacing between the transducer elements; note that this also results in two or more alternating rows to differ in pitch or have at least one of two or more alternating rows have a variable pitch). This permits a finer resolution for phasing the elements of a given sub-aperture of transducer (400) to approximate a spot instead of the natural focus of the sub-aperture, a line, thus assisting in maintaining the sharpness of the focus spot (paragraph [0056]).
Therefore, alternatively, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the two or more alternating rows of the above combined references differ in pitch or that at least one of the two or more alternating rows of the above combined references has a variable pitch, as taught by Seip et al., in order to permit a finer resolution for phasing the elements of a given sub-aperture of the transducer, thus assisting in maintaining the sharpness of the focus spot (paragraph [0056]).
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(e) and 714.13.
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Claims 1, 56 and 110-113 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 12 and of U.S. Patent No. 12,376,832 in view of Thornton et al., Leinders et al. and Wiest et al. and Saarinen et al..
With regards to claims 1 and 56, claims 1 and 12 of the Patent meets most of the limitations of instant claims 1 and 56 (i.e. an apparatus and method comprising an array comprising one or more array elements of a first type, one or more array elements of a second type, wherein the second type is an optical sensor and the second type is different from the first type (i.e. “mixed” transducer array), wherein the array elements are configured to detect/receive signals. However, the copending application does not specifically disclose that the transducer array is specifically an “ultrasound” transducer array, the first type is a configured to transmit acoustic waves and the received/detected signal corresponds to acoustic echoes corresponding to the acoustic waves, that the optical sensor includes an ultrasonic enhancement material and that the one or more array elements of the first type and the one or more array elements of the second type are arranged in two or more alternating rows in the elevation dimension, each of the alternating rows including either only the first type of the array element or only the second type of array element or that their method/apparatus further comprises a transmit beamformer including transmit channels and a receive beamformer including receive channels. Thornton et al. disclose an apparatus and a method of ultrasound transducing performed by a system comprising: an ultrasound probe having an ultrasound transducer array (500) (paragraph [0085], referring to the combination transducer array 500) including one or more array elements (i.e. 532-558) of a first type (i.e. transmit-receive transducer array which may be A-mode ultrasound or B-mode ultrasound, etc.) configured to transmit acoustic waves (paragraphs [0083], [0085], referring to the linear transmit-receive array (531) which can be used for A-mode or B-mode ultrasound imaging; Figure 5); and one or more array elements (i.e. 502-528, 562-588) of a second type different from the first type (i.e. receive-only transducer arrays which may be employed in 2D thermoacoustic imaging of tissue) (paragraphs [0084]-[0085], referring to the two linear receive-only transducer arrays (531, 561) which may be employed in 2D thermoacoustic imaging of tissue; Figure 5), a transmit circuitry including transmit channels connected to the one or more array elements of the first type (paragraph [0003], referring to, in ultrasound medical imaging, strong, short electrical pulses transmitted by the ultrasound system drive the transducer, wherein such transmission of electrical pulses by the ultrasound system inherently requires transmit circuitry; paragraph [0077], referring to the electronic data channels in the composite imaging system electronics, wherein each element of the transmit-receive transducer array is associated with a single channel of the imaging system); a receive circuitry including receive channels connected to the one or more array elements of the second type (paragraph [0077], referring to the electronic data channels in the composite imaging system electronics, wherein each element of the receive-only transducer array is associated with a single channel of the imaging system; paragraphs [0064], [0068], [0071], referring to the additional components of 122 which can include an imaging assembly for processing thermoacoustic output signals from the receive-only transducer array (108), wherein such processing components correspond to receive circuitry, and further referring to the imaging assembly receiving thermoacoustic output signals and analyzes those signals through signal processing, wherein signal can be digitized and further processed, etc.; Figure 1), the method comprising: transmitting acoustic waves using the transmit circuitry and the one or more array elements of the first type of the ultrasound probe (paragraph [0080], referring to, at 1708, the transmit-receive transducer array delivering an ultrasound beam to the tissue; paragraphs [0077], [0083]; Figures 1, 17); and receiving acoustic echoes in response to the acoustic waves, using the receive circuitry, the one or more array elements of the first type, and the one or more array elements of the second type (paragraph [0080], referring to, at 1706, the receive-only transducer array detecting acoustic signals thermoacoustically and converts the detected thermoacoustically-generated acoustic signals to thermoacoustic output signals and further at 1708, the transmit-receive transducer array detects echoes of the ultrasound beam from the tissue and converts the detected echoes to ultrasound output signals; paragraphs [0064], [0068], [0071]; Figures 1, 17). Thornton et al. further disclose wherein the one or more array elements of the first type and the one or more array elements of the second type are arranged in two or more alternating rows (i.e. 501, 531, 561) in the elevation dimension, each of the alternating rows including either only the first type of array element or only the second type of array element (paragraph [0085], referring to the combination transducer array (500) including the linear transmit-receive array and linear receive-only transducer arrays which surround the transmit-receive array (531) on opposite sides, wherein, as depicted in Figure 5, the array elements of the first type and the second type are arranged in alternating rows in the elevation dimension, each of the rows including either only the first type of array element or only the second type of array element; Figure 5). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the transducer array of the Patent specifically comprise an “ultrasound” transducer array, the first type is configured to transmit acoustic waves and the received/detected signal corresponds to acoustic echoes corresponding to the acoustic waves, and that the one or more array elements of the first type and the one or more array elements of the second type are arranged in two or more alternating rows in the elevation dimension, each of the alternating rows including either only the first type of the array element or only the second type of array element or that their method/apparatus further comprises a transmit circuitry including transmit channels and a receive circuitry including receive channels, as taught by Thornton et al., in order to provide combined ultrasound and thermoacoustic imaging which may be used in composite imaging of tissue, thus providing increased diagnostic value (Abstract). However, the modified Patent does not disclose that the optical sensor includes an ultrasonic enhancement material. Leinders et al. disclose a very sensitive ultrasound sensor which can easily be repeated into an array of sensors by using waveguide gratings and is useful for photoacoustics where high SNR and a small bandwidth are needed (Abstract; pgs. 6-7, Section “Discussion”). The receiver-only optical micro-machined ultrasound transducers (OMUS) with a membrane contains an optical micro-ring resonator (pg. 2, last 3 paragraphs). The membrane of the OMUS was designed using a silicon oxide slabe (pg. 3, 2nd to last paragraph, wherein silicon is a known ultrasonic enhancement material). At the time of the invention, it would have been obvious to one of ordinary skill in the art to substitute the transducer of the second type (i.e. transducer which is used for photoacoustic imaging) of Thornton et al., with a second type of a transducer used for photoacoustic imaging comprising an optical sensor including an ultrasonic enhancement material (i.e. silicon), as taught by Leinders et al., as the substitution of one known transducer type for another yields predictable results (i.e. effectively detecting acoustic signals) to one of ordinary skill in the art and further to provide a transducer which is useful for photoacoustics where high SNR and a small bandwidth are needed (Abstract; pgs. 6-7, Section “Discussion”). One of ordinary skill in the art would have been able to carry out such a substitution and the results are reasonably predictable. However, the modified Patent does not specifically disclose that the transmit circuitry comprises a transmit beamformer and the receive circuitry comprises a receive beamformer. Wiest et al. disclose a hybrid optoacoustic and ultrasonographic imaging of an object, wherein a transducer unit (4) is connected to a multiplexer (10) which is configured to control the transducer elements (5) of the transducer unit (4) to operate in different operation modes (paragraph [0091]). The different operation modes can include the receive-only mode for optoacoustic imaging and/or the transmit-and-receive mode for ultrasonographic imaging and/or a so-called mixed mode, in which ultrasound waves generated in the object 1 upon illumination are received by a first subset (not shown) of the transducer elements 5 and ultrasound waves are emitted by a second subset (not shown) of the transducer elements 5 and ultrasound waves reflected and/or transmitted by the object 1 are received by the second subset of the transducer elements 5, wherein the first subset of transducer elements is different from the second subset of transducer elements (paragraph [0091]). Accordingly, the multiplexer unit 10 allows for a switching between optoacoustic imaging, ultrasonographic imaging and/or combined optoacoustic/ultrasonographic imaging, respectively (paragraph [0091]). An integrated excitation/detection electronics (11) comprises an ultrasound pulser (12) configured to generate pulses which are fed to the transducer elements (5), an AD conversion unit, an acquisition control unit (14) configured to control the acquisition of optoacoustic and ultrasonographic images, and a frontend (15) configured to execute switching between ultrasound pulser and AD conversion unit, pre-amplification, and wherein the integrated electronics (11) may also be configured to execute signal pre-processing, filtering or image generation (paragraphs [0093], [0098]-[0104]; Figures 1-2). Ultrasonic arrays are able to form images employing both steering and focusing the beam in arbitrary direction in the imaged plane by applying suitable time delays on the driving input signals to the array elements (paragraph [0116], note that such application of time delays and driving of input signals corresponds to a transmit beam former). Beamforming at reception can be accomplished analogously to the transmission process with help of delay-and-sum circuitry or digital beamforming, wherein by inducing proper time delays in each channel it is possible to align received echoes before their coherent summation (paragraphs [0028], [0116], [0129], claim 9, note that the elements that perform the beamforming correspond to a receive beamformer). High-resolution ultrasound images with linear and phased arrays may thus be produced despite their limited tomographic view (paragraph [0119]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to have the transmit circuitry of the modified Patent comprise a transmit beamformer and the receive circuitry comprises a receive beamformer, as taught by Wiest et al., in order to produce high-resolution ultrasound images (paragraph [0119]). However, the above modified Patent does not specifically disclose that at least one of the two or more alternating rows has a variable pitch in the lateral dimension. Saarinen et al. disclose a transducer array device and system, wherein the transducer portion has an array of piezoelectric transducers mounted to an inner concave surface of a semi-rigid surface, wherein each array contains multiple piezoelectric crystals that both emit and receive ultrasound waves. The distance between crystals can be irregular causing crystal density to vary or, in other examples, each crystal of the array has uniform spacing between the crystals throughout the array (Abstract; paragraph [0023], note that this irregular spacing between the crystals in the array would correspond to the ultrasound transducer array having transducer cells/crystals having varied spacing in the lateral direction; Figure 1). Each transducer array may be equally spaced from the array next to it, or the array spacing may vary to cause higher density in certain imaging regions (paragraph [0223], note that the spacing between the transducer elements would thus vary in a lateral or elevation direction; Figure 1). At the time of the invention, it would have been obvious to one of ordinary skill in the art to have at least one of the two or more alternating rows of the modified Patent have a variable pitch in the lateral dimension or that the two or more alternating rows differ in pitch, as taught by Saarinen et al., in order to cause the transducer array element density to vary, such as providing higher density of the elements in certain imaging regions and thereby providing the ability to focus in certain regions (paragraph [0023]).
With regards to claims 110-113, claim 1 of the co-pending application meets the limitations.
Response to Arguments
Applicant's arguments filed July 21, 2026 have been fully considered but they are not persuasive.
With regards to claim 126, Applicant notes that previously indicated allowable claim 126 has been rewritten in independent form to include all the features of base claim 1 and further amended to remove the 35 USC 112(b) rejection. Accordingly, allowance of claim 126 is requested.
However, claim 126 has been amended to remove the allowable subject matter. Specifically, the removal of the limitation “only a single” in the limitations of the second sub-aperture including “only a single” first row of one or more elements of the second type and the third sub-aperture including “only a single” second row of one or more array elements of the second type renders the indication of allowable subject matter set forth in the previous rejection to be moot. Claim 126 is therefore currently rejected under prior art. If Applicant were to revert to the previous indicated allowable language which clearly sets forth the “only a single” language and further follows the suggestion for removal of the 35 USC 112(b) rejection as was set forth in the previous action, Examiner would reconsider the allowability of the claim.
With regards to the newly added limitation of “at least one of the two or more alternating rows has a variable pitch in the lateral direction” (note that previously presented claim 125 did set forth having “at least one of the two or more alternating rows has a variable pitch”, but did not further clarify that the variable pitch was specifically “in the lateral direction”, thereby raising new issues that required further consideration and search) to claims 1, 56 and 114, Applicant’s arguments are moot as the above rejection relies on newly introduced reference Saarinen.
With regards to Nakajima, Applicant argues that Nakajima does not disclosed the claimed array in which the second type array elements themselves are optical sensors that include the ultrasonic enhancement matrails.
Examiner respectfully disagrees and notes that the claims are rejected under the combination of Thornton, Saarinen, Nakajima, etc., wherein Thornton is relied upon for teaching the apparatus comprising one or more array elements of the second type different from the first type, but do not specifically disclose that the second type is an optical sensor including an ultrasonic enhancement material, wherein the array elements of the second types are configured to detect acoustic echoes, etc.. Nakajima is relied upon for teaching an element that detects acoustic echoes can be of a second type that is an optical sensor including an ultrasonic enhancement material (see Nakajim, paragraphs [0005], [0046], which sets forth that a Fabry-Perot probe is an acoustic wave detector using the Fabry-Perot interferometer, which includes a spacer film (403) between the mirrors of the Fabry-Perot probe, wherein the spacer film is made of a recognized ultrasonic enhancement material in the form of parylene). By substituting the transducer of the second type of Thornton with the optical sensor including an ultrasonic enhancement material of Nakajima, the combined references would teach the claimed array in which the second type array elements themselves are optical sensors that include the ultrasonic enhancement material.
With regards to Leinders, Applicant argues that Leinders do not identify the silicon-oxide membrane as an ultrasonic enhancement material.
Examiner respectfully disagrees and notes that silicone is a known material that can enhance the quality of the ultrasound image. Dhatt (US Pub No. 2023/0043371) was previously cited as pertinent prior art that provides evidence of this inherent property of silicon (see paragraph [0029] of Dhatt).
With regards to the combination of references, Applicant argues that the cited references do not appear to support that the substitution of the particular optical sensing systems disclosed by Leinders or Nakajima would have been predictably substituted for Thornton’s individual receive-second-type optical array elements configured to detect echoes corresponding to acoustic waves transmitted by the first-type array elements. Applicant further argues that the Office has not explained how the redesigned OMUS devices of Leinders would be incorporated as the individual receive-only elements of Thornton’s probe or why the resulting array would retain Thornton’s required bandwidth, registration and imaging performance. Applicant makes similar arguments with regards to the substitution of Nakajima’s system into Thornton.
Examiner respectfully disagrees and notes that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Both Leinders and Nakajima disclose an optical sensor including an ultrasonic enhancement material that is configured to detect acoustic echoes, and therefore it is reasonable to predict that the substitution in Thornton would still achieve the detection of acoustic echoes.
Further, Applicant argues that Leinders does not disclose a drop-in substitute for Thornton’s receive-only array elements
However, as set forth in MPEP 2143, “Express suggestion to substitute one equivalent for another need not be present to render such substitution obvious”. Therefore, the rejections relying on substitution remains.
With regards to claim 32, Examiner notes that Applicant’s arguments are moot in view of the amendment to claim 1, wherein the modifications made in view of Saarinen would result in the claimed first and second pitches as set forth in claim 32.
With regards to claim 111, Applicant argues that Thornton does not disclose generating a respective image from pulse-echo signals detected by each array and then generating a combination image from those two pulse-echo images.
However, Examiner notes that claim 11 is rejected under the combination of Thornton in view of Saarinen, and Leinders (or Nakajima), wherein the one or more array elements of the second type would be capable of permitting generation of a second image from the acoustic echoes as the optical sensor of Leinders (or Nakajima) detects acoustic echoes and thus would be capable of permitting generation of a second image from the acoustic echoes as claimed and thus further be capable of permitting the generation of a combination image as claimed in claim 111.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Haider et al. (US Pub No. 2018/0098750) disclose an ultrasound transducer wherein the pitch is gradually varied across transducer elements (Abstract; paragraph [0018]).
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 KATHERINE L FERNANDEZ whose telephone number is (571)272-1957. The examiner can normally be reached Monday-Friday 9:00 AM - 5:30 PM (ET).
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/KATHERINE L FERNANDEZ/Primary Examiner, Art Unit 3798
