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 .
Response to Amendment
Applicant’s amendment filed 1/16/2026 is acknowledged.
Claims 1, 3, 5-15, 17-19, 22-25, 29, 30, 36 remain pending in the current application.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3, 8, 9, 12-15, 17-19, 22-25, 29, 30, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Nakatsuka (US 20150297091 A1) in view of Herzog (US 20170150890 A1).
Regarding claim 1, Nakatsuka teaches an apparatus comprising a platen ([0057] The probe 20 detects acoustic waves and ultrasonic waves in a state in which a transparent gel layer 60 that transmits light is interposed between the face on the subject 10 side (the Z2 direction side) of the probe 20 in which the ultrasonic transducer 24 is disposed, and the subject 10)
a light source system ([0055] light emitting diode elements 21a and 21b)
configured for providing light to a target object on an outer surface of the platen ([0057] This gel layer 60 has a refractive index that is substantially the same as that of the surface of the subject 10, and suppresses reflection of the light emitted from the light source 21 at the subject 10)
the light source system including one or more laser diodes ([0134] a laser diode element can be used as the light emitting element)
and a drive circuit ([0029] light drive circuit 22)
an ultrasonic receiver system configured to receive ultrasonic waves generated by the target object ([0032] the ultrasonic transducer 24 is connected to a transmission switch 37, a reception switch 38)
responsive to the light from the light source system ([0037] the controller 31 transmits the above-mentioned wavelength control signals and pulsed light irradiation signals to the light drive circuit 22. Also, the controller 31 controls the on-off switching (closing and opening) of the transmission switch 37, the reception switch 38, and the deactivation switch 39)
and a noise reduction system including one or more noise reduction elements configured to at least partially decouple acoustic energy produced by the light source system electrical energy produced by the light source system, light produced by the light source system, or combinations thereof, from the ultrasonic receiver system ([0098] As shown in FIG. 8, the processing of the controller 31 for deactivating the ultrasonic transducer 24 in the second embodiment is the same as the processing of the controller 31 in the first embodiment (see FIGS. 3, 6, and 7). Specifically, the ultrasonic transducer 24 in the second embodiment is similar to the ultrasonic transducer 24 in the first embodiment in that the effect of noise (electromagnetic waves and so forth) produced by the flow of current near the ultrasonic transducer 24 is suppressed by making the potential substantially the same at both ends of the ultrasonic transducer 24 during the time period in which pulsed light is generated by the light emitting diode elements 21a and 21 b)
wherein the noise reduction system includes one or more electromagnetically shielded transmission wires of the light source system and wherein the electromagnetically shielded transmission wires include at least one connection for the one or more laser diodes ([0028] The probe 20 and the main body 30 are connected via a cable 50 composed of a cable that is shielded against electromagnetic waves and is covered by a metal mesh, etc.; [0029] the probe 20 includes a light source 21…The light source 21 includes a plurality of light emitting diode elements 21a; cable 50 as seen in fig. 1 connects the main body to the probe, and as all components within the probe are electrically connected in order for proper functionality of the device, it is understood that the electromagnetically shielded cable is electrically connected to the diodes within the probe)
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Nakatsuka fails to teach wherein the one or more noise reduction elements include one or more air gaps between the light source system and the ultrasonic receiver system.
However, Herzog teaches wherein the one or more noise reduction elements include one or more air gaps between the light source system and the ultrasonic receiver system ([0441] the distal end of the probe 102, including optical window 1603, mitigates the potential acoustic effect of a coupling agent in response to light emitting from the light path 132 by creating a gap between the coupling agent and the distal end of the optical fibers)
Nakatsuka and Herzog are considered analogous because both disclose medical imaging probes. Therefore, it would have been obvious to one of ordinary skill in the art to include air gaps in the probe for the purpose of mitigating noise caused by a potential acoustic effect (Herzog [0441])
Regarding claim 3, Nakatsuka teaches the one or more electromagnetically shielded transmission wires are configured to reduce electromagnetic interference from the light source system that is received by the ultrasonic receiver system ([0028] cable that is shielded against electromagnetic waves)
Regarding claim 8, Nakatsuka teaches one or more light-absorbing layers configured to reduce an amount of light produced by the light source system that is received by the ultrasonic receiver system ([0030] As shown in FIG. 2, the pulsed light emitted from the light source 21 at the subject 10 is absorbed by an optically absorbent substance in the subject 10)
Regarding claim 9, Nakatsuka teaches at least one of the one or more light-absorbing layers resides in, or proximate, the ultrasonic receiver system (observe placement of transducer 24 in fig. 2)
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Regarding claim 12, Nakatsuka teaches at least one multi-junction laser diode ([0029] a plurality of light emitting diode elements 21a/b (shown as a single block in FIG. 1))
Regarding claim 13, Nakatsuka teaches a lens configured to collimate light produced by the light source system ([0029] a converging lens 21c that converges the pulsed light from the light emitting diode elements 21a and the light emitting diode elements 21b and direct this pulsed light at the subject 10)
Regarding claim 14, Nakatsuka teaches the platen, the light source system, or a combination thereof, is configured for transmitting light from the light source system to the outer surface of the platen along a first axis, or substantially along the first axis ([0057] a transparent gel layer 60 that transmits light is interposed between the face on the subject 10 side (the Z2 direction side) of the probe 20 in which the ultrasonic transducer 24 is disposed, and the subject 10; observe arrangements of elements 21 and platen 60 along the z axis in fig. 2)
Regarding claim 15, Nakatsuka teaches ([0057] This gel layer 60 has a refractive index)
Regarding claim 17, Nakatsuka teaches a receiver element adjacent to a region of the platen through which light from the light source system is transmitted towards the target object (observe configuration of transducer 24, which includes a receiver, and gel layer 60).
Nakatsuka fails to teach two or more receivers. However, MPEP section 2144.04 VI B Duplication of Parts reads “In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)”
Regarding claim 18, Nakatsuka teaches a control system configured to control the light source system to emit light receive signals from the ultrasonic receiver system corresponding to the ultrasonic waves generated by the target object ([0031] The light drive circuit 22 is connected to a controller 31 (discussed below). The light drive circuit 22 acquires a pulsed light irradiation signal and a wavelength control signal from the controller 3; [0037] As shown in FIG. 1, the controller 31 includes a CPU (central processing unit) or the like, and controls the photoacoustic imaging device 100 by transmitting control signals to the various components. For instance, the controller 31 transmits the above-mentioned wavelength control signals and pulsed light irradiation signals to the light drive circuit 22. Also, the controller 31 controls the on-off switching (closing and opening) of the transmission switch 37, the reception switch 38, and the deactivation switch 39. The controller 31 transmits sampling trigger signals from the controller 31 to the reception memory 35 according to the pulsed light irradiation signals)
identify one or more arterial wall signals from the ultrasonic receiver system corresponding to ultrasonic waves generated by one or more arterial walls of the target object; and estimate one or more cardiac features based, at least in part, on the one or more arterial wall signals ([0049] Utilizing the fact that the size relation of the absorption spectrum between oxidized hemoglobin and reduced hemoglobin inverts near a wavelength of approximately 800 nm, the data processor 36 and so on compute the difference in intensity between the acoustic waves A1 detected by the pulsed light of the light emitting diode elements 21a and the acoustic waves A1 detected by the pulsed light of the light emitting diode elements 21b, which makes it possible to detect whether more oxidized hemoglobin or more reduced hemoglobin is contained in blood. Consequently, arteries and veins can be distinguished from each other inside of the subject 10, and the result is displayed on the image display component 40)
Regarding claim 19, Nakatsuka teaches transmitting light in a wavelength range of 800 to 900 nanometers ([0029] a plurality of light emitting diode elements 21b (shown as a single block in FIG. 1) that generates pulsed light having a wavelength of approximately 850 nm)
Regarding claim 22, Nakatsuka teaches emit pulses of light at pulse widths in a range from 3 nanoseconds to 1000 nanoseconds. ([0031] a pulse width of at least 100 ns and less than 200 ns to the light emitting diode elements 21a and 21b)
Regarding claim 23, Nakatsuka teaches emit pulses of light at pulse repetition frequencies in a range from 1 kilohertz to 100 kilohertz ([0062] The time period τ1 in which the pulsed light is generated corresponds to the resolution for generating the acoustic waves A1, so if the length of the time period τ4 after the pulsed light is generated is kept to time period τ1 or less, it will be less likely that the acquisition period of the acoustic wave signal acquired by the reception circuit 33 will be too short. For example, if the length of the time period τ1 in which the pulsed light is generated is 100 ns, and the speed of sound within the subject 10 is 1500 m/s, then the resolution will be 0.15 mm. If the length of the time period τ4 after the pulsed light is generated is less than 100 ns, the reception circuit 33 will be able to acquire the acoustic wave signal from the ultrasonic transducer 24 after the subject 10 has been irradiated with the pulsed light (100 ns later))
Regarding claim 24, Nakatsuka fails to teach the apparatus is, or includes, a mobile device and wherein the outer surface of the platen corresponds with, or is proximate, an outer surface of the mobile device.
However, Yoon teaches the apparatus is, or includes, a mobile device and wherein the outer surface of the platen corresponds with, or is proximate, an outer surface of the mobile device ([0111] the platen 1010 may be a cover glass of a display device (e.g., mobile device)).
Nakatsuka and Yoon are considered analogous because both disclose photoacoustic devices utilizing ultrasonic energy. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current invention to have the platen coincide with the screen of a mobile device so that a finger 1005 may press against the platen 1010 to activate the ultrasonic sensor system 1000 (Yoon [0111]).
Regarding claim 25, Nakatsuka fails to teach the mobile device comprises a cellular telephone.
However, Yoon teaches the mobile device comprises a cellular telephone ([0054] mobile telephones, multimedia Internet enabled cellular telephones)
Nakatsuka and Yoon are considered analogous because both disclose photoacoustic devices utilizing ultrasonic energy. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current invention to have the platen coincide with the screen of a cellular telephone so that a finger 1005 may press against the platen 1010 to activate the ultrasonic sensor system 1000 (Yoon [0111]).
Regarding claim 29, Nakatsuka teaches one or more optical waveguides ([0029] converging lens 21c that converges the pulsed light from the light emitting diode elements 21a and the light emitting diode elements 21b and direct this pulsed light at the subject 10)
Regarding claim 30, Nakatsuka teaches at least a portion of one of the one or more optical waveguides resides in a portion of the platen (observe configuration of 21c and 60 in fig. 2)
Regarding claim 36, Nakatsuka teaches an apparatus comprising a platen ([0057] The probe 20 detects acoustic waves and ultrasonic waves in a state in which a transparent gel layer 60 that transmits light is interposed between the face on the subject 10 side (the Z2 direction side) of the probe 20 in which the ultrasonic transducer 24 is disposed, and the subject 10)
a light source system ([0055] light emitting diode elements 21a and 21b)
configured for providing light to a target object on an outer surface of the platen ([0057] This gel layer 60 has a refractive index that is substantially the same as that of the surface of the subject 10, and suppresses reflection of the light emitted from the light source 21 at the subject 10)
the light source system including one or more light emitting elements ([0134] a laser diode element can be used as the light emitting element)
and a drive circuit ([0029] light drive circuit 22)
an ultrasonic receiver system configured to receive ultrasonic waves generated by the target object ([0032] the ultrasonic transducer 24 is connected to a transmission switch 37, a reception switch 38)
responsive to the light from the light source system ([0037] the controller 31 transmits the above-mentioned wavelength control signals and pulsed light irradiation signals to the light drive circuit 22. Also, the controller 31 controls the on-off switching (closing and opening) of the transmission switch 37, the reception switch 38, and the deactivation switch 39)
and a noise reduction system including one or more noise reduction elements configured to at least partially decouple acoustic energy produced by the light source system electrical energy produced by the light source system, light produced by the light source system, or combinations thereof, from the ultrasonic receiver system ([0098] As shown in FIG. 8, the processing of the controller 31 for deactivating the ultrasonic transducer 24 in the second embodiment is the same as the processing of the controller 31 in the first embodiment (see FIGS. 3, 6, and 7). Specifically, the ultrasonic transducer 24 in the second embodiment is similar to the ultrasonic transducer 24 in the first embodiment in that the effect of noise (electromagnetic waves and so forth) produced by the flow of current near the ultrasonic transducer 24 is suppressed by making the potential substantially the same at both ends of the ultrasonic transducer 24 during the time period in which pulsed light is generated by the light emitting diode elements 21a and 21 b)
wherein the noise reduction system includes one or more electromagnetically shielded transmission wires of the light source system and wherein the electromagnetically shielded transmission wires include at least one connection for the one or more light emitting elements ([0028] The probe 20 and the main body 30 are connected via a cable 50 composed of a cable that is shielded against electromagnetic waves and is covered by a metal mesh, etc.; [0029] the probe 20 includes a light source 21…The light source 21 includes a plurality of light emitting diode elements 21a)
Claim(s) 5-7, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakatsuka as applied to claim 1 above, and further in view of Oraevsky (US 20140039293 A1).
Regarding claim 5, Nakatsuka fails to teach one or more sound-absorbing layers configured to reduce the acoustic energy produced by the light source system that is received by the ultrasonic receiver system.
However, Oraevsky teaches one or more sound-absorbing layers configured to reduce the acoustic energy produced by the light source system that is received by the ultrasonic receiver system ([0055] optical block acoustic damper (OBAD) on the sides of the probe, (ii) substantially no acoustic waves should be generated in the acoustic lens or the optical block acoustic damper materials through absorption of light; acoustic waves in a wide range of ultrasonic frequencies from 0.1 MHz to 15 MHz should be able to pass through (AL) with no attenuation, and no acoustic waves should be able to pass through OBAD)
Nakatsuka and Oraevsky are considered analogous because both disclose photoacoustic systems using ultrasound energy. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current invention to include a sound absorption feature in order to block acoustic waves from passing (Oraevsky [0055])
Regarding claim 6, Nakatsuka fails to teach at least one of the one or more sound-absorbing layers resides in, or proximate, the ultrasonic receiver system.
However, Oraevsky teaches at least one of the one or more sound-absorbing layers resides in, or proximate, the ultrasonic receiver system (observe configuration of OBAD and TR in Fig. 1a)
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Nakatsuka and Oraevsky are considered analogous because both disclose photoacoustic systems using ultrasound energy. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current invention to include a sound absorption feature proximate the ultrasonic transducer in order to block acoustic waves from passing (Oraevsky [0055])
Regarding claim 7, Nakatsuka fails to teach at least one of the one or more sound-absorbing layers resides in, or proximate, the light source system
However, Oraevsky teaches at least one of the one or more sound-absorbing layers resides in, or proximate, the light source system (observe configuration of OBAD and AL in Fig. 1a)
Nakatsuka and Oraevsky are considered analogous because both disclose photoacoustic systems using ultrasound energy. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current invention to include a sound absorption feature proximate the ultrasonic transducer in order to block acoustic waves from passing (Oraevsky [0055]).
Regarding claim 10, Nakatsuka fails to teach one or more reflective layers configured to reduce an amount of light produced by the light source system that is received by the ultrasonic receiver system.
However, Oraevsky teaches one or more reflective layers configured to reduce an amount of light produced by the light source system that is received by the ultrasonic receiver system ([0070] FIG. 6 illustrates optoacoustic images using a probe with a non-reflective acoustic lens 610 and a probe with reflective layer of gold 620. The probe utilizing a reflective layer of gold 620 produces an image with reduced artifacts 612 and 614)
Nakatsuka and Oraevsky are considered analogous because both disclose photoacoustic systems using ultrasound energy. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current invention to include a god plated reflective lens in order to reduce artifacts (Oraevsky [0070]).
Regarding claim 11, Nakatsuka fails to teach at least one of the one or more reflective layers resides between the platen and at least a portion of the ultrasonic receiver system.
However, Oraevsky teaches at least one of the one or more reflective layers resides between the platen and at least a portion of the ultrasonic receiver system (observe configuration of AL, TR, and OW in Fig. 1A).
Nakatsuka and Oraevsky are considered analogous because both disclose photoacoustic systems using ultrasound energy. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current invention to include a gold plated reflective lens in order to reduce artifacts (Oraevsky [0070]).
Response to Arguments
Applicant's arguments filed 1/16/2026 have been fully considered but they are not persuasive. Applicant argues that the claims are allowable over the prior art combination due to the newly amended limitation regarding electromagnetically shielded wires. Applicant alleges that the electromagnetically shielded wires in the Nakatsuka reference are not applicable to the ones in the pending claim due to the fact that in the applicant’s interpretation, the wires in the Nakatsuka reference do not connect to the laser diode elements. However, a closer inspection of the Nakatsuka reference shows that the electromagnetically shielded wires connect the probe to the main body and said probe contains the diodes. Thus considering how everything is interconnected as a system it is understood that the features of the probe must be electrically connected for proper functionality of the device and therefore that the electromagnetically shielded wires in the Nakatsuka reference are implicitly connected to features of the probe including the diodes.
Applicant points out that the closest previously claimed subject matter to the newly amended limitations was found in claims 2 and 3 and in an attempt to rebut the previous rejection of these now cancelled claims, applicant makes the argument that the cable only connects the main body to the probe. However, it is reiterated to the applicant that it would be clear to one of ordinary skill in the art that in order for proper operation of the ultrasonic device as laid out in the Nakatsuka reference, every feature within the probe would need to be electrically connected together and as a result it can be understood that the cable connecting the main body to the probe is further connected to each feature within the probe, which includes the light source system as claimed by the pending application.
For at least the aforementioned reasons, the claims remain rejected under 35 USC 103.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL VICTOR POPESCU whose telephone number is (571)272-7065. The examiner can normally be reached M-F 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Kozak can be reached at (571) 270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIEL VICTOR POPESCU/Examiner, Art Unit 3797
/SERKAN AKAR/Primary Examiner, Art Unit 3797
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