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 Objections
Claims 1, 9, 15, 25, and 28 objected to because of the following informalities:
With respect to claim 1, analyze is misspelled as analyse.
With respect to claims 15, 25 and 28, analyzing is misspelled as analysing.
With respect to claim 9, it recites the limitation "the plurality of subsets" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, it will be read as “a plurality of subsets.”
Appropriate correction is required.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Examiner notes the claims do not recite the word “means” (or “step”) and therefore the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. For example, claim 1 includes the claim limitations “an analysis module” and “a gating module” which could be interpreted under 112(f) but won’t as they do not recite “means” or “step.”
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
Examiner notes the claims are being interpreted under a broadest reasonable interpretation.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2 ,5, 6, 13, 15, 16, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sokulin (US 20200178935 A1).
With respect to claims 1 and 15, Sokulin teaches,
a transducer module comprising a plurality of transducer elements arranged in an array, the transducer module being configured to transmit ultrasound signals towards an object and to receive ultrasound signals reflected from the object whereby data pertaining to an internal structure of the object can be obtained; (Para. [0021] teaches “The transmitter 102 may comprise suitable logic, circuitry, interfaces and/or code that may be operable to drive an ultrasound probe 104. The ultrasound probe 104 may comprise a two-dimensional (2D) array of piezoelectric elements. The ultrasound probe 104 may comprise a group of transmit transducer elements 106 and a group of receive transducer elements 108, that normally constitute the same elements. In certain embodiment, the ultrasound probe 104 may be operable to acquire ultrasound image data covering at least a substantial portion of an anatomy, such as the heart, a blood vessel, or any suitable anatomical structure.” (i.e. the elements are in an array and the object is a body.)
an analysis module coupled to the transducer module and configured to analyze ultrasound signals received at each of the plurality of transducer elements to identify respective features in the received ultrasound signals; (Fig. 1 shows signal processor 132 which is viewed as the analysis module. Para. [0022] teaches “The transmitted ultrasonic signals may be back-scattered from structures in the object of interest, like blood cells or tissue, to produce echoes. The echoes are received by the receive transducer elements 108.” (i.e. receiving signals and identifying features).)
and a gating module configured to gate the ultrasound signals received at each of the plurality of transducer elements in dependence on the respective identified features. (Para. [0032] teaches “For example, the gate selection module 140 may select one of the gates based on a strongest Doppler signal strength by choosing in each sample time the gate that produces the maximal sum of absolute or squared spectrum values.”)
With respect to claim 2, Sokulin further teaches,
A scanning system according to claim 1, in which the analysis module is configured to identify a penetration echo in the received ultrasound signals (Para. [0023] teaches “The group of receive transducer elements 108 in the ultrasound probe 104 may be operable to convert the received echoes into analog signals,”
and the gating module is configured to gate the received ultrasound signals to selectively retain signals received after the penetration echo. (Fig. 1 shows that the gating happens in the gate selection module after the signal is received by receiver 118. Para. [0037] teaches “each of the Doppler signals 321-326 of the MGD signal 320 selected by the gate selection module 140 and processed by the parameter application module 150”)
With respect to claim 5, Sokulin further teaches,
A scanning system according to claim 1, in which the gating module is configured to gate the received ultrasound signals in accordance with a gating function selected from a group of gating functions. (Para. [0032] teaches “In certain embodiments, the gate selection module 140 may apply a plurality of the above-mentioned criterion to select the gate corresponding to each of the multiple different desired anatomical structures. For example, the gate selection module 140 may weigh the spectrum tracking and the resemblance of the B-mode image frame features to select the appropriate gate corresponding to a particular desired anatomical structure in the region of interest.” (i.e. plurality of criteria seen as function.)
With respect to claim 6, Sokulin further teaches,
a scanning system according to claim 5, in which the gating module is configured to select the gating function based on one or more of: a material of an object for scanning; a structure of an object for scanning; a depth of a feature of interest; a flaw to be investigated; a thickness of an object for scanning; a coupling medium to be used between the transducer module and an object for scanning; and a gating selection signal received by the gating module. (Para. [0032] teaches “In certain embodiments, the gate selection module 140 may apply a plurality of the above-mentioned criterion to select the gate corresponding to each of the multiple different desired anatomical structures. For example, the gate selection module 140 may weigh the spectrum tracking and the resemblance of the B-mode image frame features to select the appropriate gate corresponding to a particular desired anatomical structure in the region of interest.” (i.e. anatomical structure.)
With respect to claim 13 and 16, Sokulin further teaches,
A scanning system according to claim 1, in which the scanning system comprises an image generator configured to generate an image scan representative of structural features below a surface of an object in dependence on the received ultrasound signals; (Para. [0035] teaches “Referring to FIG. 4, a display system 134 may present a 2D ultrasound image 410. The 2D ultrasound image 410 may be a B-mode image, color Doppler image, or any suitable 2D image, being acquired by the ultrasound system 100.” (i.e. fig. 4 shows the image is below the surface of the object) Para. [0041] teaches “generating an output displayable by a display system 134, and manipulating the output in response to input information from a user input module 130,” (i.e. the signal processor is viewed as the image generator.)
a display coupled to the image generator and configured to display the image scan; (Fig. 1 shows display system 134)
and a user input device configured to generate an indication signal whereby a user can indicate a portion of the displayed image scan; (Fig. 1 shows display system 134)
the analysis module being configured to identify the feature in response to the generated indication signal. (Para. [0022] teaches “The transmitted ultrasonic signals may be back-scattered from structures in the object of interest, like blood cells or tissue, to produce echoes.” (i.e. identifying features).)
With respect to claim 25, Sokulin further teaches,
A method according to claim 15, in which the analysis module is configured to identify a penetration echo in the received ultrasound signal in which analysing ultrasound signals received at each of the plurality of transducer elements comprises identifying a penetration echo in the received ultrasound signals, (Para. [0023] teaches “The group of receive transducer elements 108 in the ultrasound probe 104 may be operable to convert the received echoes into analog signals,”
and gating the ultrasound signals received at each of the plurality of transducer elements in dependence on the respective identified features comprises gating the received ultrasound signals to selectively retain signals received after the penetration echo. (Fig. 1 shows that the gating happens in the gate selection module after the signal is received by receiver 118. Para. [0037] teaches “each of the Doppler signals 321-326 of the MGD signal 320 selected by the gate selection module 140 and processed by the parameter application module 150” Para. [0029] “For example, the ultrasound operator may select, via the user input module 130, a higher pulse repetition frequency for gates corresponding to blood flow anatomical structures and a lower pulse repetition frequency for gates corresponding to muscle tissue anatomical structures.” (i.e. dependence on identified features.)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3, 4, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Sokulin (US 20200178935 A1) as applied to claim 1 and 25 above, and further in view of Raum (US 20200129140 A1).
With respect to claims 3 and 26, Sokulin does not explicitly teach,
A scanning system according to claim 1, in which the gating module is configured to gate the received ultrasound signals to retain a plurality of subsets of signals received at respective times after the penetration echo.
Raum teaches,
in which the gating module is configured to gate the received ultrasound signals to retain a plurality of subsets of signals received at respective times after the penetration echo. (Para. [0092] teaches “extracting a gated signal 100 from various depths z relative to the bone surface (i.e., z=0), e.g., using a sliding Hanning gate (FIG. 10).” (i.e. Fig. 10 shows a plurality of subsets of retained signals 100. Each at a different time.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sokulin in which the gating module is configured to gate the received ultrasound signals to retain a plurality of subsets of signals received at respective times after the penetration echo such as that of Raum. One of ordinary skill would have been motivated to modify Sokulin, because subsets of signals would allow for 3D measurements as seen in Para. [0131] of Raum.
With respect to claim 4, Sokulin does not explicitly teach,
A scanning system according to claim 3, in which the respective times at which the plurality of subsets are received are discontinuous.
Raum teaches,
A scanning system according to claim 3, in which the respective times at which the plurality of subsets are received are discontinuous. (Fig. 10 shows a plurality of subsets of retained signals 100. Each at a different time and therefore they are discontinuous.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Raum in which the respective times at which the plurality of subsets are received are discontinuous such as that of Sokulin.
One of ordinary skill would have been motivated to modify Sokulin, because as seen in Para. [0092] of Raum it would allow the signal to be extracted at various depths.
Claims 7-9, 12, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Sokulin (US 20200178935 A1) as applied to claims 1 and 15 above, and further in view of Elze (US 20100107768 A1).
With respect to claims 7 and 28, Sokulin does not explicitly teach,
A scanning system according to claim 1, in which the analysis module is configured to identify a back wall echo in the received ultrasound signals and the gating module is configured to gate the received ultrasound signals to selectively retain signals based on the timing of the back wall echo.
Elze teaches,
in which the analysis module is configured to identify a back wall echo in the received ultrasound signals and the gating module is configured to gate the received ultrasound signals to selectively retain signals based on the timing of the back wall echo. (Para. [0077] teaches “achieved or displayed in each case for each ultrasound echo and obtained in the intermediate echo gates 81 and 83 framed in each case by broken lines and in the back-wall echo gates 82, 84” (i.e. backwall echo gates would be based on timing of backwall echo))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sokulin in which the analysis module is configured to identify a back wall echo in the received ultrasound signals and the gating module is configured to gate the received ultrasound signals to selectively retain signals based on the timing of the back wall echo such as that of Elze. One of ordinary skill would have been motivated to modify Sokulin, because according to Para. [0056] of Elze “This also advantageously prevents disruptive signals on account of the grazing incidence on the hole surface. In this way, delamination can be detected more reliably and the position thereof determined more accurately.”
With respect to claim 8, Sokulin does not explicitly teach,
A scanning system according to claim 7, in which the analysis module is configured to identify a material discontinuity feature in the received ultrasound signals between the penetration echo and the back wall echo, and the gating module is configured to gate the received ultrasound signals in dependence on the identified material discontinuity feature.
Elze teaches,
in which the analysis module is configured to identify a material discontinuity feature in the received ultrasound signals between the penetration echo and the back wall echo, (Para. [0013] teaches “wherein a surface echo, an intermediate echo, a back-wall edge echo or any combination of these echoes of the ultrasound field emitted by the probe is evaluable by means of the evaluation unit to indicate the presence of the flaw.”)
and the gating module is configured to gate the received ultrasound signals in dependence on the identified material discontinuity feature. (Para. [0078] teaches “In the region of the back-wall echo gate 84, echo screen heights of between 10% and 40% are produced and SH values of from 40% to 70% are achieved in each of the spatially delimited zones 85 (oval) and 86 (slightly elliptical). Two further locally delimited zones 87, 88 are located above the intermediate echo gate 83. In the elongate oval zone 87 on the left-hand side, the SH values are between 40% and 70%, whereas the slightly elliptical zone 88 on the right-hand side exhibits SH values of between 70% and 100%. However, in the regions of the component 77 surrounding the two zones 87 and 88 (above the intermediate wall echo gate 84) the SH values are considerably lower and only reach values of between 10% and 40% so it is possible to detect the delamination 79 clearly.” (i.e. delamination is viewed as discontinuity as delamination is separation in layers.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sokulin in which the analysis module is configured to identify a material discontinuity feature in the received ultrasound signals between the penetration echo and the back wall echo, and the gating module is configured to gate the received ultrasound signals in dependence on the identified material discontinuity feature such as that of Elze. One of ordinary skill would have been motivated to modify Sokulin, because as seen on Para. [0056] “In this way, delamination can be detected more reliably and the position thereof determined more accurately.”
With respect to claim 9, Sokulin does not explicitly teach,
A scanning system according to claim 8, in which the respective times of the plurality of subsets of signals are determined from one or more of the timings of the penetration echo, the back wall echo and the material discontinuity feature.
Elze teaches,
in which the respective times of the plurality of subsets of signals are determined from one or more of the timings of the penetration echo, the back wall echo and the material discontinuity feature. (Para. [0016-0017] teaches “the measured signals are shown graphically against the travel time or component depth. This makes it possible to display the intermediate echo amplitudes, back-wall edge echo amplitudes and/or intermediate echo travel times (i.e. intermediate echo depths) measured by the probe as what are known as "B-scope displays" or "C-scope displays" on a monitor.” (i.e. back wall echo.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sokulin in which the respective times of the plurality of subsets of signals are determined from one or more of the timings of the penetration echo, the back wall echo and the material discontinuity feature such as that of Elze. One of ordinary skill would have been motivated to modify Sokulin, because as seen in Para. [0017] of Elze it would make it possible to display the all the subsets of the signal and to get information from different depths.
With respect to claim 12,
Sokulin does not explicitly teach,
A scanning system according to claim 8, in which the analysis module is configured to identify the material discontinuity feature by identifying a peak in the received ultrasound signals between the penetration echo and the back wall echo and/or having an amplitude within a given amplitude range.
Elze teaches,
in which the analysis module is configured to identify the material discontinuity feature by identifying a peak in the received ultrasound signals between the penetration echo and the back wall echo and/or having an amplitude within a given amplitude range. (Para. [0078] teaches “In the region of the back-wall echo gate 84, echo screen heights of between 10% and 40% are produced and SH values of from 40% to 70% are achieved in each of the spatially delimited zones 85 (oval) and 86 (slightly elliptical).” (i.e. as seen in para. [0077] screen heights are amplitudes.))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sokulin in which the analysis module is configured to identify the material discontinuity feature by identifying a peak in the received ultrasound signals between the penetration echo and the back wall echo and/or having an amplitude within a given amplitude range such as that of Elze. One of ordinary skill would have been motivated to modify Sokulin, because as seen in Para. [0077] of Elze “an evaluation unit for a user to enable flaws, in particular delamination, to be detected more easily.”
Claims 10, 11, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Sokulin (US 20200178935 A1) as applied to claims 2 and 25 above, and further in view of Skoglund (US 20150078129 A1).
With respect to claims 10 and 27, Sokulin does not explicitly teach,
A scanning system according to claim 2, in which the analysis module is configured to identify the penetration echo by identifying a first peak in the received ultrasound signals with an amplitude that exceeds a penetration echo threshold amplitude.
Skoglund teaches,
in which the analysis module is configured to identify the penetration echo by identifying a first peak in the received ultrasound signals with an amplitude that exceeds a penetration echo threshold amplitude. (Para. [0005] teaches “The signal processor is preferably capable of recognising multiple peaks in each received signal. It may determine that a reflection has been received every time that the output of the match filter exceeds a predetermined threshold. It may identify a maximum amplitude for each acknowledged reflection;”) (i.e. the match filter is dependent on amplitude as seen in para. [0012])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sokulin in which the analysis module is configured to identify the penetration echo by identifying a first peak in the received ultrasound signals with an amplitude that exceeds a penetration echo threshold amplitude such as that of Skoglund. One of ordinary skill would have been motivated to modify Sokulin, because identifying the penetration echo in the above way allows the device to be capable of performing well in a wide range of different applications as seen in Para. [0004] of Skoglund.
With respect to claim 11, Sokulin does not explicitly teach,
A scanning system according to claim 10, in which the analysis module is configured to identify the penetration echo by identifying that the first peak has an amplitude less than a predetermined amplitude.
Skoglund teaches,
in which the analysis module is configured to identify the penetration echo by identifying that the first peak has an amplitude less than a predetermined amplitude. (Para. [0012] “a pulse template that generates a response signal having an FFT that has an occupied frequency bin with an amplitude that is above a certain value but which is lower than the amplitude of any occupied frequency bin above the certain value in the FFTs of the response signals generated by any of the other pre-defined pulse templates.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sokulin in which the analysis module is configured to identify the penetration echo by identifying that the first peak has an amplitude less than a predetermined amplitude such as that of Skoglund. One of ordinary skill would have been motivated to modify Sokulin, because identifying the penetration echo in the above way allows the device to be capable of performing well in a wide range of different applications as seen in Para. [0004] of Skoglund.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sokulin (US 20200178935 A1) as applied to claim 1 above, and further in view of Arima (US 5623100 A).
With respect to claim 14, Sokulin further teaches,
A scanning system according to claim 1, in which the array is a two-dimensional array of transducer elements, (Fig. 1 shows arrays 106 and 108 are two-dimensional.)
Sokulin does not explicitly teach,
and in which the gating function has different profiles in different directions along the array.
Arima teaches,
and in which the gating function has different profiles in different directions along the array. (Col. 13 ln(s). 44-54 teach “When performing the slant scanning in the Y-direction, the gate time to be set is determined in the following manner, in that after obtaining respective Z-coordinate measurement positions (probe heights) which are determined in response to the scanning distance in the Y-direction and in accordance with the slant function, the focusing position of the probe 3 in the sample 17 in the depth direction is indexed based on the obtained measurement position, and then the time for the gate setting is computed with reference to the surface echo S with regard to the concerned focusing position.” (i.e. gating is dependent upon the measurement position and that is viewed as different profiles.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sokulin and in which the gating function has different profiles in different directions along the array such as that of Arima.
One of ordinary skill would have been motivated to modify Sokulin, because according to Column 9 Ln(s) [35-40] of Arima “When the wave velocity is determined an accurate refractive index therein can be calculated, therefore the focal position in the interior of the sample 17 is correctly predicted. Thus, when the focal position can be correctly predicted a reliable measurement can be performed even with a narrow gate width without missing the focal position.” Therefore, one would be motivated to modify Sokulin in order to create a more reliable measurement.
Conclusion
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should be directed to JOSHUA L FORRISTALL whose telephone number is 703-756-4554. The examiner
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/JOSHUA L FORRISTALL/Examiner, Art Unit 2863
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2863