DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 9, 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 126 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to claim 126, in line 7, the claim recites “a third sub-aperture includes only a single second row of one or more array elements…”, wherein reference to a “only a single” and “second” row creates confusion as it is unclear as to how a “single” row can be considered to be a “second” row, wherein a “second” row implies that there are at least two rows rather than there being “only a single” row. For examination purposes, Examiner assumes that Applicant meant to refer to the third sub-aperture including “only a single row” and suggests that in line 5 of claim 126, a similar change be made when referring to the “first row” (i.e. refer to it instead as “only a single row…”).
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 and 110-111 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. (US Pub No. 2017/0311808) in view of 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 claim 1, 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.
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 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.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. in view of 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. 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 Figure 5 of Thornton with a plurality of sub-apertures marked).
Annotated Figure 5:
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Claim(s) 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. in view of Leinders et al. and Lazenby et al., as applied to claim 29 above, and further in view of Seip et al. (US Pub No. 2005/0240127).
With regards to claims 32-33, as discussed above, the above combined references meet the limitations of claim 29. 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 withing 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) 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 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, 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, Thornton et al. 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 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 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 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 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) 124-125 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. in view of Leinders et al. [or Nakajima et al.] as applied to claim 1 above, and further in view of Seip et al..
With regards to claims 124-125, as discussed above, the above combined references meet the limitations of claim 1. However, the above combined references do not specifically disclose that the two or more alternating rows differ in pitch or that at least one of the two or more alternating rows has a variable 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]).
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]).
Allowable Subject Matter
Claim 126 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach or suggest that the ultrasound transducer array comprises a plurality of sub-apertures in the lateral dimension, a first sub-aperture includes the two or more alternating rows, a second sub-aperture includes only a single [[first]] row of one or more array elements of the second type, and a third sub-aperture includes only a single [[second]] row of one or more array elements of the second type, in combination with the other claimed elements.
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..
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]).
With regards to claims 110-113, claim 1 of the co-pending application meets the limitations.
Response to Arguments
Applicant's arguments filed February 9, 2026 have been fully considered but they are not persuasive.
With regard to Nakajima, Applicant argues that Nakajima fails to disclose the “second type” array elements that are optical sensors including an ultrasonic enhancement material as Nakajima does not disclose that the materials, such as parylene, polyethylene, etc., are disclosed as an ultrasonic enhancement material integrated into, or forming part of, the optical sensor array elements themselves.
Examiner respectfully disagrees and refers Applicant to paragraph [0046] of Nakajima and Figure 4, which describes the structure of the Fabry-Perot probe (i.e. optical sensor) as including a spacer film (403), wherein the spacer film (403) may comprise of an organic polymer film, wherein parylene, etc., may be used as the organic polymer film. Parylene is therefore disclosed as part of the structure of the optical sensor and further corresponds to the claimed “ultrasonic enhancement material”. Interpreting parylene as an ultrasonic enhancement material is supported by Applicant’s own PG-Pub specification which sets forth in paragraphs [0059] that parylene is an example of the ultrasonic enhancement material. Nakajima therefore does disclose that the “second type” array elements are optical sensors (i.e. Fabry-Perot probe) including an ultrasonic enhancement material (i.e. parylene).
Applicant further argues that Nakajima does not disclose that the optical sensor array elements detect acoustic echoes corresponding to waves transmitted by the first type array elements.
However, the claims are rejected under the combination of Thornton in view of Nakajima, etc., wherein Thornton does disclose that the array elements of the second type are configured to detect acoustic echoes corresponding to the acoustic waves transmitted by the array elements of the first type, and further, the Fabry-Perot probe of Nakajima does have the capability of detecting acoustic echoes. Therefore, in the above modification of Thornton in view of Nakajima, etc. it would also follow that when the array elements of the second type is an optical sensor, the optical sensor would be configured to detect the acoustic echoes available in the above combined references, including those corresponding to the acoustic waves transmitted by the array elements of the first type.
Applicant further argues that the optical array elements of Nakajima are not configured to detect acoustic echoes as the optical sensor of Nakajima detects light, and any relationship to an echo is indirect through optical modulation of the Fabry Perot probe.
However, Examiner notes that the claims as currently written set forth that the array elements of the second type are configured to detect acoustic echoes, but do not clarify whether the detection is via direct or indirect means. Therefore, though the Fabry Perot probe (i.e. optical sensor) of Nakajima may detect the acoustic waves via an indirect manner, the Fabry Perot probe does ultimately serves as an ultrasound wave detector as it is disclosed as detecting ultrasound (i.e. see, for example, paragraph [0061] of Nakajima, which sets forth “…the Fabry-Perot probe 305 absorbs a part of the excitation wave 303 to thereby detect the photoacoustic wave (which is an elastic wave and typically ultrasound) 302 generated from the internal portion of the object in the form of the change in the reflected light amount of the measurement light 306..”). Further, as set forth in paragraph [0005] of Nakajima, the Fabry-Perot probe is a Fabry-Perot interferometer (i.e. “Hereinafter, the acoustic wave detector using the Fabry-Perot interferometer is referred to as a Fabry-Perot probe”), wherein paragraphs [0038] and [0040] of Applicant’s PG-Pub does set forth that the optical sensor may include an optical interferometer, wherein the optical interferometer may include a Fabry-Perot interferometer. It is further noted that the optical sensors described in Applicant’s own specification do not appear to describe the optical sensor as directly detecting the acoustic echoes, but rather appear to detect the acoustic echoes in an indirect manner, similar to what is described by Nakajima (see paragraphs [0037]-[0040], [0056]-[0059] of Applicant’s PG-Pub). Accordingly, the Fabry-Perot probe of Nakajima is viewed as corresponding to the claimed optical sensor configured to detect acoustic echoes.
Applicant presents similar arguments with respect to Leinders. Specifically, Applicant argues that Leinders discloses a receiver array, not an array that includes transmitting acoustic waves as a first type. As such, Leinders does not disclose that the optical array elements are configured to detect acoustic echoes corresponding to acoustic waves transmitted by first type array elements or disclose any pairing where second type optical sensor elements detect echoes corresponding to transmissions by first type array elements.
However, the claims are rejected under the combination of Thornton in view of Leinders, etc., wherein Thornton does disclose that the array elements of the second type are configured to detect acoustic echoes corresponding to the acoustic waves transmitted by the array elements of the first type, and further, the optical ultrasound sensor of Leinders does have the capability of detecting acoustic echoes. Therefore, in the above modification of Thornton in view of Leinders, etc. it would also follow that when the array elements of the second type is an optical sensor, the optical sensor would be configured to detect the acoustic echoes available in the above combined references, including those corresponding to the acoustic waves transmitted by the array elements of the first type.
Applicant additionally argues that Leinders does not disclose that any optical sensor element includes an ultrasonic enhancement material as the silicon oxide slab of Leinders is not a separate material added or selected to enhance ultrasonic performance.
However, Examiner notes that the claims do not set forth or require that the ultrasonic enhancement material is specifically “a separate material added or selected” to enhance ultrasonic performance. Rather, the claims set forth that the optical sensor includes an ultrasonic enhancement material. Leinders does disclose that the silicon oxide slab forms part of the optical sensor (i.e. OMUS) of Leinders as the OMUS is set forth as having a membrane designed using a silicon oxide slab, wherein silicon is a known ultrasonic enhancement material [see for example the previously cited pertinent prior art Dhatt (US Pub No. 2023/0043371) which discloses silicone as a material that can enhance the quality of the ultrasound images] (see pg. 2, last 3 paragraphs, pg. 3, 2nd to last paragraph of Leinders). Therefore, Leinders does teach the optical sensor including an ultrasonic enhancement material as claimed.
Additionally, with regards to the combination of the cited references, Applicant argues that the disclosure of Thornton relates to detection of a thermoacoustic effect, while the disclosures of Leinders and Nakajima relate to detection of a photoacoustic effect, wherein thermoacoustic and photoacoustic are not the same phenomena and do not have the same requirement. As such, Applicant asserts that the rationale that a transducer for photoacoustic imaging of Thornton may simply be replaced by a different transducer for photoacoustic imaging is inaccurate as Thornton describes a transducer used for thermoacoustic imaging and not photoacoustic imaging.
However, Examiner notes that Thornton explicitly discloses in paragraph [0004] that thermoacoustic imaging is “sometimes called photoacoustic or optoacoustic imaging”. Therefore, as Thornton refers to thermoacoustic imaging to be synonymous with photoacoustic imaging, Examiner maintains that it would be reasonable to replace the transducer for “photoacoustic imaging” (see paragraph [0004 of Thornton) of Thornton with a different transducer for photoacoustic imaging, as taught by either Leinders or Nakajima.
Applicant further argues that it would not be obvious to combine the devices of Thornton and Leinders as Leinder sets forth in pg. 5, second to last paragraph that a narrow bandwidth device should be used for photoacoustics, which is not suitable for the wide-bandwidth thermoacoustic application requirements that Thornton discloses in paragraphs [0053]-[0055].
However, Leinder further discloses in pg. 7 the optimization of the sensor as a medical imaging device, wherein the addition of absorbing layers or other adjustments to the membrane provides an optimized sensor to be used as a medical imaging device by “increas[ing] the bandwidth”, and therefore one of ordinary skill in the art would recognize that the optimized device of Leinder with increased bandwidth could be combined with the device of Thornton.
With regards to Nakajima, Applicant argues that the device of Thornton requires an entire array comprising a multitude of sensors, wherein a person of ordinary skill in the art would not find it “predictable” or desirable to attempt to incorporate a multitude of the complex single sensor device of Nakajima into the array of Thornton as it would create a significant burden to coordinate the sensing of not only the magnitude of Nakajima-devices with each other, but also with the remaining devices of the Thornton device.
Examiner respectfully disagrees and points to paragraph [0051] of Nakajima which sets forth that an array photosensor (309), a two-dimensional array photosensor or a one-dimensional array photosensor can be used, wherein an array photosensor other than those mentioned above can also be used as long as the array photosensor is capable of measuring the reflected light amount of the measurement light (306) when the photoacoustic wave (302) enters the Fabry-Perot probe (305) and converting the reflected amount into the electrical signal. Therefore, since Thornton requires an array of elements of the second type and Nakajima discloses an array of elements of the optical sensor type, which can be modified to be a 2D array photosensor, a 1D array photosensor, or “an array photosensor other than those mentioned above”, it is clear that the array of elements of Nakajima can be modified so as to be suitable for the structure of the device of Thornton which requires an array of elements.
The claims therefore remain rejected under the previously applied prior art.
Conclusion
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/KATHERINE L FERNANDEZ/Primary Examiner, Art Unit 3798
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