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 .
Double Patenting
The nonstatutory provisional 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 provisional 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 4, 6-21, 30-35, 38, and 40 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2-25, 30-31 of copending Application No. 18/069,877 (U.S. P.G. Pub. No. 20240210309 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in the claims mentioned above of the instant application are also recited in the claims mentioned above of the copending application.
Independent Claim Limitations shared by both include:
Claim 1 of Application No. 18/069,877: “An apparatus, comprising: a platen; a light source system configured for providing light to a target object on an outer surface of the platen; an ultrasonic receiver system configured to receive ultrasonic waves generated by the target object, responsive to the light from the light source system provided to the target object;”
Claim 17 of Application No. 18/069,877: “wherein a thickness of the platen, an acoustic velocity of the platen, or a combination thereof, are configured to separate ultrasonic waves generated by blood in an artery from other ultrasonic waves”
Claim 30 of Application No. 18/069,877: “A method, comprising: controlling, by a control system, a light source system to emit light to a target object on an outer surface of a platen; receiving, by the control system, signals from an ultrasonic receiver system corresponding to ultrasonic waves generated by a target object; identifying, by the control system, arterial signals from the ultrasonic receiver system corresponding to ultrasonic waves generated by blood within an artery of the target object, generated by one or more arterial walls of the target object, or a combination thereof; and estimating, by the control system, one or more cardiac features based, at least in part, on the arterial blood signals, wherein at least one of the one or more cardiac features is blood pressure.”
Examples of Dependent Limitations shared by both applications include,
Claim 2 of Application No. 18/069,877: “the platen is configured to increase an intensity of ultrasonic energy received by at least a portion of the ultrasonic receiver system”
Claim 3 of Application No. 18/069,877: “the platen includes an acoustic waveguide”
Claim 4 of Application No. 18/069,877: “the platen includes an acoustic lens”
Claim 5 of Application No. 18/069,877: “the acoustic lens resides on, or proximate, the outer surface of the platen”
Claim 6 of Application No. 18/069,877: “the acoustic lens comprises a spherical lens or a cylindrical lens.”
Claim 21 of Application No. 18/069,877: ”wherein a speed of sound in the platen is in a range from 800-3000 meters per second.”
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5, 14, 16-18, 31, 33, and 38-40 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al (US 20170323132 A1, hereinafter referred to as Lu) in view of Nakatsuka (US20150297091A1).
Regarding Claim 1, Lu discloses an apparatus ("An apparatus may include an ultrasonic sensor array, a light source system and a control system." [Abstract]), comprising:
a platen ("the target object may be positioned on a surface of the ultrasonic sensor array or positioned on a surface of a platen that is acoustically coupled to the ultrasonic sensor array." [0011]);
a light source system configured for providing light to a target object on an outer surface of the platen ("block 310 involves receiving signals from an ultrasonic sensor array corresponding to acoustic waves emitted from portions of a target object in response to being illuminated with light emitted by the light source system. " [0075]);
and an ultrasonic receiver system configured to receive ultrasonic waves generated by the target object, responsive to the light from the light source system provided to the target object ("block 310 involves receiving signals from an ultrasonic sensor array corresponding to acoustic waves emitted from portions of a target object in response to being illuminated with light emitted by the light source system." [0075]);
wherein one or more platen characteristics that include a thickness of the platen, an acoustic velocity of the platen, or a combination thereof, are configured to separate one or more received arterial ultrasonic waves generated by blood in an artery, by an arterial wall, or by a combination thereof, from one or more other types of received ultrasonic waves (“Imagen corresponds with ultrasonic image data acquired using RGDn, which corresponds with the depth 1025 n shown in FIGS. 10C and 10D. Imagen includes a portion of the epidermis 1010, blood vasculature 1020,” [0119], “represents structures corresponding to bone tissue 1015 as well as sub-epidermal structures including blood vasculature 1020, revealing vein, artery and capillary structures and other vascular structures” [0120], “A mobile device that includes such a biometric system may be capable of various types of mobile health monitoring, such as the imaging of blood vessel patterns, the analysis of blood and tissue components, etc.” [0121], “an ultrasonic wave may be made by changing the thickness of the layer via a piezoelectric effect. This ultrasonic wave may travel towards a finger (or other object to be detected), passing through the platen 40.” [0149], Since the ultrasonic waves of blood in the artery can be determined and analyzed the thickness of the platen and acoustic velocity must be able to achieve this separation).
Lu does not specifically disclose that the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference received by the ultrasonic receiver.
However, in a similar field of endeavor, Nakatsuka teaches a photoacoustic imaging device includes a light source that emits pulsed light at a subject, an ultrasonic transducer that converts vibration of a detection object of the subject that is generated according to the pulsed light to an electric signal [Abstract].
Nakatsuka also teaches that the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference received by the ultrasonic receiver (“when current for generating pulsed light is supplied to the light source, noise (electromagnetic waves and so forth) attributable to the current being supplied to the light source is generated near the ultrasonic transducer. Accordingly, this can lead to a problem in which the ultrasonic transducer is vibrated (mistakenly operated) by the noise. When noise thus causes a malfunction of the ultrasonic transducer, ultrasonic waves are generated from the ultrasonic transducer, and are reflected within the subject and detected by the ultrasonic transducer.” [0007])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Lu as outlined above with the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference received by the ultrasonic receiver as taught by Nakatsuka, because a conceivable problem is that a signal that has been affected by noise produced by the malfunctioning of the ultrasonic transducer will end up being acquired by the ultrasonic transducer and the reception circuit [0007].
Regarding Claim 2, Lu discloses that the one or more other types of received ultrasonic waves include reflected ultrasonic waves emitted by the ultrasonic receiver that have reflected from the target object (“A portion of the wave not absorbed or transmitted by the object to be detected may be reflected so as to pass back through the platen 40 and be received by the ultrasonic receiver 30.” [0149]).
Regarding Claim 3, Lu discloses that the one or more platen characteristics cause the reflected ultrasonic waves emitted by the ultrasonic receiver to be received by the ultrasonic receiver after the one or more arterial ultrasonic waves (“A portion of the wave not absorbed or transmitted by the object to be detected may be reflected so as to pass back through the platen 40 and be received by the ultrasonic receiver 30.” [0149], “Imagen corresponds with ultrasonic image data acquired using RGDn, which corresponds with the depth 1025 n shown in FIGS. 10C and 10D. Imagen includes a portion of the epidermis 1010, blood vasculature 1020,” [0119], “represents structures corresponding to bone tissue 1015 as well as sub-epidermal structures including blood vasculature 1020, revealing vein, artery and capillary structures and other vascular structures” [0120], “A mobile device that includes such a biometric system may be capable of various types of mobile health monitoring, such as the imaging of blood vessel patterns, the analysis of blood and tissue components, etc.” [0121], “an ultrasonic wave may be made by changing the thickness of the layer via a piezoelectric effect. This ultrasonic wave may travel towards a finger (or other object to be detected), passing through the platen 40.” [0149], Since the ultrasonic waves of blood in the artery can be determined and analyzed the thickness of the platen and acoustic velocity must be able to achieve this separation).
Regarding Claim 5, Lu discloses that the thickness of the platen is in a range from 5–40 millimeters (“The platen 40 may be any appropriate material that can be acoustically coupled to the receiver, with examples including plastic, ceramic, sapphire, metal and glass. In some implementations, the platen 40 may be a cover plate, e.g., a cover glass or a lens glass for a display. Particularly when the ultrasonic transmitter 20 is in use, fingerprint detection and imaging can be performed through relatively thick platens if desired, e.g., 3 mm and above.” [0155]).
Regarding Claim 14, Lu discloses that the apparatus further comprises a control system [0005] configured to:
control the light source system to emit light [0005];
receive signals from the ultrasonic receiver corresponding to the ultrasonic waves generated by the target object ("The control system may be capable of controlling the light source system to emit light and of receiving signals from the ultrasonic sensor array corresponding to acoustic waves emitted from portions of a target object." [0005]);
identify arterial blood signals from the ultrasonic receiver corresponding to ultrasonic waves generated by blood within an artery of the target object; and estimate one or more cardiac features based, at least in part, on the arterial blood signals ("the second ultrasonic image data correspond to acoustic waves that were induced by illuminating the target object with light of the second wavelength, such as red or green light. By comparing the first ultrasonic image data with the second ultrasonic image data, blood oxygen levels may be estimated. For example, with appropriate calibration coefficients, the signal levels from the first ultrasonic image data may be normalized by the signal levels from the second ultrasonic image data in a region of interest such as within a blood vessel and the ratio compared to a stored table of values that converts the normalized data into, for example, blood oxygen level as a percentage of oxygen saturation (e.g. SO2), as a percentage of peripheral oxygen saturation (e.g. SpO2) or as a percentage of arterial oxygen saturation (e.g. SaO2)." [0146] “Imagen corresponds with ultrasonic image data acquired using RGDn, which corresponds with the depth 1025 n shown in FIGS. 10C and 10D. Imagen includes a portion of the epidermis 1010, blood vasculature 1020,” [0119], “represents structures corresponding to bone tissue 1015 as well as sub-epidermal structures including blood vasculature 1020, revealing vein, artery and capillary structures and other vascular structures” [0120], “A mobile device that includes such a biometric system may be capable of various types of mobile health monitoring, such as the imaging of blood vessel patterns, the analysis of blood and tissue components, etc.” [0121]).
Regarding Claim 16, Lu discloses that the platen, the light source system, or a combination thereof, is configured for transmitting light in the near infrared range ("A second wavelength in another portion of the infrared region (e.g. near IR region) or in a visible region such as a red wavelength may be selected and a second set of ultrasonic image data may be acquired in the same vicinity as the first ultrasonic image data." [0124]).
Regarding Claim 17, Lu discloses that 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 ("FIG. 11 shows an example of a mobile device that includes a biometric system capable of performing methods disclosed herein. A mobile device that includes such a biometric system may be capable of various types of mobile health monitoring, such as the imaging of blood vessel patterns, the analysis of blood and tissue components, etc." [0121]).
Regarding Claim 18, Lu discloses that the mobile device comprises a cellular telephone ("In addition, it is contemplated that the described implementations may be included in or associated with a variety of electronic devices such as, but not limited to: mobile telephones, multimedia Internet enabled cellular telephones," [0057]).
Regarding Claim 31, Lu discloses that at least an outer surface of the platen is configured to conform to a surface of human skin ("The platen 40 may be any appropriate material that can be acoustically coupled to the receiver, with examples including plastic, ceramic, sapphire, metal and glass. In some implementations, the platen 40 may be a cover plate, e.g., a cover glass or a lens glass for a display. Particularly when the ultrasonic transmitter 20 is in use, fingerprint detection and imaging can be performed through relatively thick platens if desired, e.g., 3 mm and above. However, for implementations in which the ultrasonic receiver 30 is capable of imaging fingerprints in a force detection mode or a capacitance detection mode, a thinner and relatively more compliant platen 40 may be desirable. According to some such implementations, the platen 40 may include one or more polymers, such as one or more types of parylene, and may be substantially thinner. In some such implementations, the platen 40 may be tens of microns thick or even less than 10 microns thick." [0155], the platen is shown to be adjusted depending on desired function, it would be obvious to conform the surface for human skin).
Regarding Claim 33, Lu discloses that the apparatus further comprises 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 ("The control system may be capable of controlling the light source system to emit light and of receiving signals from the ultrasonic sensor array corresponding to acoustic waves emitted from portions of a target object." [0005]);
identify one or more arterial wall signals from the ultrasonic receiver system corresponding to ultrasonic waves generated by one or more arterial wall signals of the target object; and estimate one or more cardiac features based, at least in part, on the arterial wall signals ("In this example, the second ultrasonic image data correspond to acoustic waves that were induced by illuminating the target object with light of the second wavelength, such as red or green light. By comparing the first ultrasonic image data with the second ultrasonic image data, blood oxygen levels may be estimated. For example, with appropriate calibration coefficients, the signal levels from the first ultrasonic image data may be normalized by the signal levels from the second ultrasonic image data in a region of interest such as within a blood vessel and the ratio compared to a stored table of values that converts the normalized data into, for example, blood oxygen level as a percentage of oxygen saturation (e.g. SO2), as a percentage of peripheral oxygen saturation (e.g. SpO2) or as a percentage of arterial oxygen saturation (e.g. SaO2)." [0146], “Imagen corresponds with ultrasonic image data acquired using RGDn, which corresponds with the depth 1025 n shown in FIGS. 10C and 10D. Imagen includes a portion of the epidermis 1010, blood vasculature 1020,” [0119], “represents structures corresponding to bone tissue 1015 as well as sub-epidermal structures including blood vasculature 1020, revealing vein, artery and capillary structures and other vascular structures” [0120], “A mobile device that includes such a biometric system may be capable of various types of mobile health monitoring, such as the imaging of blood vessel patterns, the analysis of blood and tissue components, etc.” [0121]).
Regarding Claim 38, Lu discloses an apparatus ("An apparatus may include an ultrasonic sensor array, a light source system and a control system." [Abstract]), comprising:
a platen ("the target object may be positioned on a surface of the ultrasonic sensor array or positioned on a surface of a platen that is acoustically coupled to the ultrasonic sensor array." [0011]);
light source means for providing light to a target object on an outer surface of the platen ("block 310 involves receiving signals from an ultrasonic sensor array corresponding to acoustic waves emitted from portions of a target object in response to being illuminated with light emitted by the light source system. " [0075]);
and an ultrasonic receiver system configured to receive ultrasonic waves generated by the target object, responsive to the light from the light source system provided to the target object ("block 310 involves receiving signals from an ultrasonic sensor array corresponding to acoustic waves emitted from portions of a target object in response to being illuminated with light emitted by the light source system." [0075]);
wherein one or more platen characteristics that include a thickness of the platen, an acoustic velocity of the platen, or a combination thereof, are configured to separate one or more received arterial ultrasonic waves generated by blood in an artery, by an arterial wall, or by a combination thereof, from one or more other types of received ultrasonic waves (“Imagen corresponds with ultrasonic image data acquired using RGDn, which corresponds with the depth 1025 n shown in FIGS. 10C and 10D. Imagen includes a portion of the epidermis 1010, blood vasculature 1020,” [0119], “represents structures corresponding to bone tissue 1015 as well as sub-epidermal structures including blood vasculature 1020, revealing vein, artery and capillary structures and other vascular structures” [0120], “A mobile device that includes such a biometric system may be capable of various types of mobile health monitoring, such as the imaging of blood vessel patterns, the analysis of blood and tissue components, etc.” [0121], “an ultrasonic wave may be made by changing the thickness of the layer via a piezoelectric effect. This ultrasonic wave may travel towards a finger (or other object to be detected), passing through the platen 40.” [0149], Since the ultrasonic waves of blood in the artery can be determined and analyzed the thickness of the platen and acoustic velocity must be able to achieve this separation).
Lu does not specifically disclose that the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference received by the ultrasonic receiver.
However, in a similar field of endeavor, Nakatsuka teaches a photoacoustic imaging device includes a light source that emits pulsed light at a subject, an ultrasonic transducer that converts vibration of a detection object of the subject that is generated according to the pulsed light to an electric signal [Abstract].
Nakatsuka also teaches that the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference received by the ultrasonic receiver (“when current for generating pulsed light is supplied to the light source, noise (electromagnetic waves and so forth) attributable to the current being supplied to the light source is generated near the ultrasonic transducer. Accordingly, this can lead to a problem in which the ultrasonic transducer is vibrated (mistakenly operated) by the noise. When noise thus causes a malfunction of the ultrasonic transducer, ultrasonic waves are generated from the ultrasonic transducer, and are reflected within the subject and detected by the ultrasonic transducer.” [0007])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Lu as outlined above with the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference received by the ultrasonic receiver as taught by Nakatsuka, because a conceivable problem is that a signal that has been affected by noise produced by the malfunctioning of the ultrasonic transducer will end up being acquired by the ultrasonic transducer and the reception circuit [0007].
Regarding Claim 39, Lu discloses that the one or more other types of received ultrasonic waves include reflected ultrasonic waves emitted by the ultrasonic receiver that have reflected from the target object (“A portion of the wave not absorbed or transmitted by the object to be detected may be reflected so as to pass back through the platen 40 and be received by the ultrasonic receiver 30.” [0149]).
Regarding Claim 40, Lu discloses that the one or more platen characteristics cause the reflected ultrasonic waves emitted by the ultrasonic receiver to be received by the ultrasonic receiver after the one or more arterial ultrasonic waves (“A portion of the wave not absorbed or transmitted by the object to be detected may be reflected so as to pass back through the platen 40 and be received by the ultrasonic receiver 30.” [0149], “Imagen corresponds with ultrasonic image data acquired using RGDn, which corresponds with the depth 1025 n shown in FIGS. 10C and 10D. Imagen includes a portion of the epidermis 1010, blood vasculature 1020,” [0119], “represents structures corresponding to bone tissue 1015 as well as sub-epidermal structures including blood vasculature 1020, revealing vein, artery and capillary structures and other vascular structures” [0120], “A mobile device that includes such a biometric system may be capable of various types of mobile health monitoring, such as the imaging of blood vessel patterns, the analysis of blood and tissue components, etc.” [0121], “an ultrasonic wave may be made by changing the thickness of the layer via a piezoelectric effect. This ultrasonic wave may travel towards a finger (or other object to be detected), passing through the platen 40.” [0149], Since the ultrasonic waves of blood in the artery can be determined and analyzed the thickness of the platen and acoustic velocity must be able to achieve this separation).
Claims 4, 6-13, 15, 19-20, and 34-35 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Nakatsuka as applied to Claim 1 above, and further in view of Wang et al (US 20100268042 A1; hereinafter referred to as Wang)
Regarding Claim 4, Lu in view of Nakatsuka discloses all limitations noted above except that a speed of sound in the platen is in a range from 800–3000 meters per second.
However, in the similar field of photoacoustic sensing systems, Wang teaches a confocal photoacoustic microscopy system includes a laser configured to emit a light pulse, a focusing assembly configured to receive the light pulse and to focus the light pulse into an area inside an object, an ultrasonic transducer configured to receive acoustic waves emitted by the object in response to the light pulse, and an electronic system configured to process the acoustic waves and to generate an image of the area inside the object [Abstract].
Wang also teaches that a speed of sound in the platen is in a range from 800–3000 meters per second ("The axial resolution was estimated to be approximately 15 μm based on the measured transducer bandwidth, approximately 100 MHz in receiving-only mode, and the speed of sound in tissue, approximately 1.5 mm/μs. In tissue, both the lateral and the axial resolutions deteriorate with imaging depth because of optical scattering and frequency-dependent acoustic attenuation, respectively." [0007], the platen is mirroring the acoustic capabilities of the tissue therefore it will also have the specification of 1.5 mm/ μs).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with a speed of sound in the platen is in a range from 800–3000 meters per second as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 6, Lu in view of Nakatsuka discloses all limitations noted above except that the platen is configured to increase an intensity of ultrasonic energy received by at least a portion of the ultrasonic receiver system.
Wang teaches that the platen (Substrate 5 in FIG. 5) includes an acoustic lens ("Substrate 5 serves as a wave-guide for acoustic waves and may have a cylindrical focus acoustic lens on its outer surface." [0058], see FIG. 5 for visualization of the platen containing the waveguide, and acoustic lens).
It is noted that in the applicants specification the increased intensity of the ultrasound wave is caused by the acoustic lens in the platen (“Accordingly, the outer surface 205 of the platen 301 is configured as a cylindrical acoustic lens, which can increase the intensity of ultrasonic energy received by at least a portion of the receiver system 302” [Applicant Specification 0135]); therefore, Wangs acoustic lens can be interpreted as achieving the same function and cover the claim limitation of Claim 2 since it is obvious in the art that an acoustic lens can amplify the ultrasound energy.
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen includes an acoustic lens as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 7, Lu in view of Nakatsuka discloses all limitations noted above except that the platen includes an acoustic waveguide.
Wang teaches that the platen (Substrate 5 in FIG. 5) includes an acoustic waveguide ("Substrate 5 serves as a wave-guide for acoustic waves and may have a cylindrical focus acoustic lens on its outer surface." [0058], see FIG. 5 for visualization of the platen containing the waveguide, and acoustic lens).
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It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen including an acoustic waveguide as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 8, Lu in view of Nakatsuka discloses all limitations noted above except that the platen includes an acoustic lens.
Wang teaches that the platen (Substrate 5 in FIG. 5) includes an acoustic lens ("Substrate 5 serves as a wave-guide for acoustic waves and may have a cylindrical focus acoustic lens on its outer surface." [0058], see FIG. 5 for visualization of the platen containing the waveguide, and acoustic lens).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen includes an acoustic lens as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 9, Lu in view of Nakatsuka discloses all limitations noted above except that the acoustic lens resides on, or proximate, the outer surface of the platen.
Wang teaches that the acoustic lens resides on, or proximate, the outer surface of the platen (Substrate 5 in FIG. 5) ("Substrate 5 serves as a wave-guide for acoustic waves and may have a cylindrical focus acoustic lens on its outer surface." [0058], see FIG. 5 for visualization of the platen containing the waveguide, and acoustic lens).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the acoustic lens residing on, or proximate, the outer surface of the platen as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 10, Lu in view of Nakatsuka discloses all limitations noted above except that the acoustic lens comprises a spherical lens or a cylindrical lens.
Wang teaches that the acoustic lens comprises a spherical lens or a cylindrical lens ("Substrate 5 serves as a wave-guide for acoustic waves and may have a cylindrical focus acoustic lens on its outer surface." [0058]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the acoustic lens comprising a spherical lens or a cylindrical lens as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 11, Lu in view of Nakatsuka discloses all limitations noted above except that 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 within an angle range of plus or minus 20 degrees of the first axis.
Wang teaches that the platen (Substrate 5 in FIG.5), 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 within an angle range of plus or minus 20 degrees of the first axis ("The light coming out of the spatial filter is reflected by an oscillating mirror 3, which performs fast optical scanning. Ultrasonic radiation emitted by the object is collected by ultrasonic transducer array 4." [0058], See FIG. 5 for path of light).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen, the light source system, or a combination thereof, being configured for transmitting light from the light source system to the outer surface of the platen along a first axis, or within an angle range of plus or minus 20 degrees of the first axis as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 12, Lu in view of Nakatsuka discloses all limitations noted above except that the platen is configured for transmitting the ultrasonic waves generated by the target object along a second axis, or within an angle range of plus or minus 20 degrees of the second axis, the second axis being different from the first axis.
Wang teaches that the platen (3,5,6,7,8, and 9 in FIG. 10) is configured for transmitting the ultrasonic waves generated by the target object along a second axis, or within an angle range of plus or minus 20 degrees of the second axis, the second axis being different from the first axis ("The light coming out of the spatial filter is reflected by an oscillating mirror 3, which performs fast optical scanning. Ultrasonic radiation emitted by the object is collected by ultrasonic transducer array 4." [0058],"Ultrasonic reflection from the boundary of the prism converts the incident longitudinal elastic wave into a shear wave. The shear wave propagates toward the free surface of the rhomboidal prism, where it is transformed back into a longitudinal wave and detected by a high-frequency direct-contact ultrasonic transducer 4 for image formation and spectral measurements of the target." [0063], the platen is interpreted as being combination of components 3,5,6,7,8, and 9 in FIG. 10; See FIG. 10 for path of ultrasound waves).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen being configured for transmitting the ultrasonic waves generated by the target object along a second axis, or within an angle range of plus or minus 20 degrees of the second axis, the second axis being different from the first axis as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 13, Lu in view of Nakatsuka discloses all limitations noted above except that the platen is configured for transmitting the ultrasonic waves generated by the target object along a second axis, or within an angle range of plus or minus 20 degrees of the second axis, the second axis being parallel to the first axis.
Wang teaches that the platen (Substrate 5 in FIG. 5) is configured for transmitting the ultrasonic waves generated by the target object along a second axis, or within an angle range of plus or minus 20 degrees of the second axis, the second axis being parallel to the first axis (" The light coming out of the spatial filter is reflected by an oscillating mirror 3, which performs fast optical scanning. Ultrasonic radiation emitted by the object is collected by ultrasonic transducer array 4. A multiple-element piezoelectric transducer array may accelerate the image acquisition time in one dimension owing to the electronic focusing of the transducer array." [0058], See FIG. 5 for path of ultrasound waves).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen being configured for transmitting the ultrasonic waves generated by the target object along a second axis, or within an angle range of plus or minus 20 degrees of the second axis, the second axis being parallel to the first axis as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 15, Lu in view of Nakatsuka discloses all limitations noted above except that the ultrasonic receiver system comprises two or more receiver elements adjacent to a region of the platen through which light from the light source is transmitted towards the target object.
Wang teaches that the ultrasonic receiver system comprises two or more receiver elements adjacent to a region of the platen (Substrate 5 in FIG. 5) through which light from the light source is transmitted towards the target object ("Ultrasonic radiation emitted by the object is collected by ultrasonic transducer array 4. A multiple-element piezoelectric transducer array may accelerate the image acquisition time in one dimension owing to the electronic focusing of the transducer array." [0058], see FIG. 5 for transducer array).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the ultrasonic receiver system comprising two or more receiver elements adjacent to a region of the platen through which light from the light source is transmitted towards the target object as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 19, Lu discloses that the mobile device comprises a cellular telephone ("In addition, it is contemplated that the described implementations may be included in or associated with a variety of electronic devices such as, but not limited to: mobile telephones, multimedia Internet enabled cellular telephones," [0057]).
Lu in view of Nakatsuka does not specifically disclose that the mobile device comprises a pen or a stylus.
Wang teaches a pen or a stylus (“FIG. 8 is a diagram of an alternative embodiment of the focusing assembly 800 suitable for hand-held operation. An optical objective lens 4 images the aperture of a single-mode optical fiber 1 onto the region of interest in the object through an optically clear window in a spherically focused ultrasonic transducer 5. A sampling beam splitter 2 reflects a small portion of the incident light to monitor the laser output power with a photo-detector 3. The ultrasonic radiation emitted by the object is received by the ultrasonic transducer 5. The photoacoustic assembly is mounted on a pendulum 6, which is attached to a frame 8 through a flexible mount, such as a flat spring 7. The frame is water-tight and contains optically transparent acoustic coupling fluid, such as water, for light delivery and acoustic coupling. Moved by an actuator 9, pendulum 6 may perform sector scanning of the object rapidly. A position sensor 10 monitors the position of the optical focus and is used to synchronize the pulse laser so that image distortion due to varying scanning velocity is minimized.” [0061], see FIG. 8 for example of the handheld device)
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with a pen or a stylus as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 20, Lu discloses that the mobile device comprises a cellular telephone ("In addition, it is contemplated that the described implementations may be included in or associated with a variety of electronic devices such as, but not limited to: mobile telephones, multimedia Internet enabled cellular telephones," [0057]).
Lu in view of Nakatsuka does not specifically disclose that the pen or the stylus includes a force sensor, a motion sensor, a spring, or combinations thereof.
Wang teaches that the pen or the stylus includes a force sensor, a motion sensor, a spring, or combinations thereof (“FIG. 8 is a diagram of an alternative embodiment of the focusing assembly 800 suitable for hand-held operation. An optical objective lens 4 images the aperture of a single-mode optical fiber 1 onto the region of interest in the object through an optically clear window in a spherically focused ultrasonic transducer 5. A sampling beam splitter 2 reflects a small portion of the incident light to monitor the laser output power with a photo-detector 3. The ultrasonic radiation emitted by the object is received by the ultrasonic transducer 5. The photoacoustic assembly is mounted on a pendulum 6, which is attached to a frame 8 through a flexible mount, such as a flat spring 7. The frame is water-tight and contains optically transparent acoustic coupling fluid, such as water, for light delivery and acoustic coupling. Moved by an actuator 9, pendulum 6 may perform sector scanning of the object rapidly. A position sensor 10 monitors the position of the optical focus and is used to synchronize the pulse laser so that image distortion due to varying scanning velocity is minimized.” [0061], see FIG. 8 for example of components including a position sensor)
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the pen or the stylus including a force sensor, a motion sensor, a spring, or combinations thereof as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 34, Lu in view of Nakatsuka discloses all limitations noted above except that the apparatus further comprises one or more optical waveguides.
Wang teaches that the apparatus further comprises one or more optical waveguides ("An optical objective lens 2 focuses the output aperture of a single-mode optical fiber 1 into the object through the optically clear slit window in a one-dimensional ultrasonic array transducer 4 placed on an optically transparent substrate 5" [0058], see FIG. 5 for components).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the apparatus further comprising one or more optical waveguides as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Regarding Claim 35, Lu in view of Nakatsuka discloses all limitations noted above except that at least a portion of one of the one or more optical waveguides resides in a portion of the platen.
Wang teaches that at least a portion of one of the one or more optical waveguides resides in a portion of the platen (Substrate 5 in FIG. 5) ("An optical objective lens 2 focuses the output aperture of a single-mode optical fiber 1 into the object through the optically clear slit window in a one-dimensional ultrasonic array transducer 4 placed on an optically transparent substrate 5" [0058], see FIG. 5 for components).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with at least a portion of one of the one or more optical waveguides residing in a portion of the platen as taught by Wang, because it can significantly improve the image resolution of photoacoustic microscopy of biological tissue or other optically scattering media [0041].
Claims 21 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Nakatsuka as applied to Claim 1 above, and further in view of Nakai et al (US 20180360416 A1; hereinafter referred to as Nakai)
Regarding Claim 21, Lu in view of Nakatsuka discloses all limitations noted above except that the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz.
However, in the similar field of photoacoustic ultrasound probes, Nakai teaches a composition for an acoustic wave probe including a polysiloxane mixture containing polysiloxane and silica particles [Abstract].
Nakai teaches the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz ("In an evaluation system in the present invention, the acoustic (ultrasonic) sensitivity is preferably greater than or equal to −70.0 dB. " [0189], when taken into account with the cm and Mhz the value will cover the range of the claim limitation).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen providing an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz as taught by Nakai, because improving the characteristics, such as decrease in acoustic attenuation, resin hardness, and mechanical strength, required for a probe used in a living body can maintain the acoustic impedance in a numerical range [0010].
Regarding Claim 30, Lu in view of Nakatsuka discloses all limitations noted above except that at least an outer surface of the platen has an acoustic impedance that is configured to approximate an acoustic impedance of human skin.
Nakai teaches that at least an outer surface of the platen has an acoustic impedance that is configured to approximate an acoustic impedance of human skin ("For this reason, a silicone resin of which the acoustic impedance is close to the acoustic impedance (in the case of a human body, 1.4×106 to 1.7×106 kg/m2/sec) of a living body and which has a low ultrasonic attenuation is used as a material of the acoustic lens.” [0008]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with at least an outer surface of the platen having an acoustic impedance that is configured to approximate an acoustic impedance of human skin as taught by Nakai, because improving the characteristics, such as decrease in acoustic attenuation, resin hardness, and mechanical strength, required for a probe used in a living body can maintain the acoustic impedance in a numerical range [0010].
Claims 22, 24, 26, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Nakatsuka as applied to Claim 1 above, and further in view of Kitchens et al (US 20210158002 A1; hereinafter referred to as Kitchens) and further in view of Nakai
Regarding Claim 22, Lu in view of Nakatsuka discloses all limitations noted above except that the ultrasonic waves received by the ultrasonic receiver are in a range from 0.5 MHz to 1.5 MHz , and wherein the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz.
However, in a similar field of endeavor, Kitchens teaches biometric devices with ultrasonic and optical sensor systems [0001].
Kitchens also teaches that the ultrasonic waves received by the ultrasonic receiver are in a range from 0.5 MHz to 1.5 MHz (“the control system may be configured to control the light source system to cause the nanoparticles to emit ultrasonic waves in the range of 1 MHz to 30 MHz. According to some implementations, the control system may be configured to receive ultrasonic receiver signals from the ultrasonic receiver system corresponding to the ultrasonic waves reflected from the target object and to perform an authentication process and/or an imaging process that is based, at least in part, on the ultrasonic receiver signals.” [0007])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the ultrasonic waves received by the ultrasonic receiver are in a range from 0.5 MHz to 1.5 MHz as taught by Kitchens, because it emits ultrasonic waves in a range suitable for an ultrasonic imaging process and/or authentication process [0039].
Kitchens does not specifically teach that the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz
However, in the similar field of photoacoustic ultrasound probes, Nakai teaches a composition for an acoustic wave probe including a polysiloxane mixture containing polysiloxane and silica particles [Abstract].
Nakai also teaches the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz ("In an evaluation system in the present invention, the acoustic (ultrasonic) sensitivity is preferably greater than or equal to −70.0 dB. " [0189], when taken into account with the cm and Mhz the value will cover the range of the claim limitation).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen providing an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz as taught by Nakai, because improving the characteristics, such as decrease in acoustic attenuation, resin hardness, and mechanical strength, required for a probe used in a living body can maintain the acoustic impedance in a numerical range [0010].
Regarding Claim 24, Lu in view of Nakatsuka discloses all limitations noted above except that the ultrasonic waves received by the ultrasonic receiver are in a range from 1.5 MHz to 3.0 MHz and wherein the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz.
However, in a similar field of endeavor, Kitchens teaches biometric devices with ultrasonic and optical sensor systems [0001].
Kitchens also teaches that the ultrasonic waves received by the ultrasonic receiver are in a range from 1.5 MHz to 3.0 MHz (“the control system may be configured to control the light source system to cause the nanoparticles to emit ultrasonic waves in the range of 1 MHz to 30 MHz. According to some implementations, the control system may be configured to receive ultrasonic receiver signals from the ultrasonic receiver system corresponding to the ultrasonic waves reflected from the target object and to perform an authentication process and/or an imaging process that is based, at least in part, on the ultrasonic receiver signals.” [0007])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the ultrasonic waves received by the ultrasonic receiver are in a range from 1.5 MHz to 3.0 MHz as taught by Kitchens, because it emits ultrasonic waves in a range suitable for an ultrasonic imaging process and/or authentication process [0039].
Kitchens does not specifically teach that the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz
However, in the similar field of photoacoustic ultrasound probes, Nakai teaches a composition for an acoustic wave probe including a polysiloxane mixture containing polysiloxane and silica particles [Abstract].
Nakai also teaches the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz ("In an evaluation system in the present invention, the acoustic (ultrasonic) sensitivity is preferably greater than or equal to −70.0 dB. " [0189], when taken into account with the cm and Mhz the value will cover the range of the claim limitation).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen providing an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz as taught by Nakai, because improving the characteristics, such as decrease in acoustic attenuation, resin hardness, and mechanical strength, required for a probe used in a living body can maintain the acoustic impedance in a numerical range [0010].
Regarding Claim 26, Lu in view of Nakatsuka discloses all limitations noted above except that the ultrasonic waves received by the ultrasonic receiver are in a range from 3.0 MHz to 7.0 MHz and wherein the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz.
However, in a similar field of endeavor, Kitchens teaches biometric devices with ultrasonic and optical sensor systems [0001].
Kitchens also teaches that the ultrasonic waves received by the ultrasonic receiver are in a range from 3.0 MHz to 7.0 MHz (“the control system may be configured to control the light source system to cause the nanoparticles to emit ultrasonic waves in the range of 1 MHz to 30 MHz. According to some implementations, the control system may be configured to receive ultrasonic receiver signals from the ultrasonic receiver system corresponding to the ultrasonic waves reflected from the target object and to perform an authentication process and/or an imaging process that is based, at least in part, on the ultrasonic receiver signals.” [0007])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the ultrasonic waves received by the ultrasonic receiver are in a range from 3.0 MHz to 7.0 MHz as taught by Kitchens, because it emits ultrasonic waves in a range suitable for an ultrasonic imaging process and/or authentication process [0039].
Kitchens does not specifically teach that the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz
However, in the similar field of photoacoustic ultrasound probes, Nakai teaches a composition for an acoustic wave probe including a polysiloxane mixture containing polysiloxane and silica particles [Abstract].
Nakai also teaches the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz ("In an evaluation system in the present invention, the acoustic (ultrasonic) sensitivity is preferably greater than or equal to −70.0 dB. " [0189], when taken into account with the cm and Mhz the value will cover the range of the claim limitation).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen providing an acoustic attenuation of the ultrasonic waves in a range from 0.3–3.0 decibels per centimeter per megahertz as taught by Nakai, because improving the characteristics, such as decrease in acoustic attenuation, resin hardness, and mechanical strength, required for a probe used in a living body can maintain the acoustic impedance in a numerical range [0010].
Regarding Claim 28, Lu in view of Nakatsuka discloses all limitations noted above except that the ultrasonic waves received by the ultrasonic receiver are in a range from 7.0 MHz to 13.0 MHz and wherein the platen provides an acoustic attenuation of the ultrasonic waves in a range from less than 0.15 decibels per centimeter per megahertz decibels per centimeter per megahertz.
However, in a similar field of endeavor, Kitchens teaches biometric devices with ultrasonic and optical sensor systems [0001].
Kitchens also teaches that the ultrasonic waves received by the ultrasonic receiver are in a range from 7.0 MHz to 13.0 MHz (“the control system may be configured to control the light source system to cause the nanoparticles to emit ultrasonic waves in the range of 1 MHz to 30 MHz. According to some implementations, the control system may be configured to receive ultrasonic receiver signals from the ultrasonic receiver system corresponding to the ultrasonic waves reflected from the target object and to perform an authentication process and/or an imaging process that is based, at least in part, on the ultrasonic receiver signals.” [0007])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the ultrasonic waves received by the ultrasonic receiver are in a range from 7.0 MHz to 13.0 MHz MHz as taught by Kitchens, because it emits ultrasonic waves in a range suitable for an ultrasonic imaging process and/or authentication process [0039].
Kitchens does not specifically teach that the platen provides an acoustic attenuation of the ultrasonic waves in a range of less than 0.15 decibels per centimeter per megahertz
However, in the similar field of photoacoustic ultrasound probes, Nakai teaches a composition for an acoustic wave probe including a polysiloxane mixture containing polysiloxane and silica particles [Abstract].
Nakai also teaches the platen provides an acoustic attenuation of the ultrasonic waves in a range of less than 0.15 decibels per centimeter per megahertz ("In an evaluation system in the present invention, the acoustic (ultrasonic) sensitivity is preferably greater than or equal to −70.0 dB. " [0189], when taken into account with the cm and Mhz the value will cover the range of the claim limitation).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with the platen providing an acoustic attenuation of the ultrasonic waves in a range of less than 0.15 decibels per centimeter per megahertz as taught by Nakai, because improving the characteristics, such as decrease in acoustic attenuation, resin hardness, and mechanical strength, required for a probe used in a living body can maintain the acoustic impedance in a numerical range [0010].
Claims 23, 25, 27, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai as applied to Claims 22,24,26, and 28 above, and further in view of Norris et al (US 20180286379 A1; hereinafter referred to as Norris)
Regarding Claim 23, Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai discloses all limitations noted above except a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 0.25 cm to 0.75 cm.
However, in a similar field of endeavor, Norris teaches a metal acoustic lens comprises a plurality of stacked plates [Abstract].
Norris also teaches a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 0.25 cm to 0.75 cm (“FIG. 6 shows an embodiment of a metal acoustic lens which is sealed on the top and bottom by cover plates to seal the interior of the lens from the outside water. Each of the two aluminum cover plates (or end caps) are 2 cm thick” [0026]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai as outlined above with a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 0.25 cm to 0.75 cmas taught by Norris, because it can result in a desired fixed speed of sound [0010].
Regarding Claim 25, Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai discloses all limitations noted above except a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 0.5 cm to 2.0 cm.
However, in a similar field of endeavor, Norris teaches a metal acoustic lens comprises a plurality of stacked plates [Abstract].
Norris also teaches a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 0.5 cm to 2.0 cm (“FIG. 6 shows an embodiment of a metal acoustic lens which is sealed on the top and bottom by cover plates to seal the interior of the lens from the outside water. Each of the two aluminum cover plates (or end caps) are 2 cm thick” [0026]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai as outlined above with a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 0.5 cm to 2.0 cm as taught by Norris, because it can result in a desired fixed speed of sound [0010].
Regarding Claim 27, Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai discloses all limitations noted above except a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 2.0 cm to 6.0 cm.
However, in a similar field of endeavor, Norris teaches a metal acoustic lens comprises a plurality of stacked plates [Abstract].
Norris also teaches a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 2.0 cm to 6.0 cm (“FIG. 6 shows an embodiment of a metal acoustic lens which is sealed on the top and bottom by cover plates to seal the interior of the lens from the outside water. Each of the two aluminum cover plates (or end caps) are 2 cm thick” [0026]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai as outlined above with a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 2.0 cm to 6.0 cm as taught by Norris, because it can result in a desired fixed speed of sound [0010].
Regarding Claim 29, Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai discloses all limitations noted above except a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 2.0 cm to 6.0 cm.
However, in a similar field of endeavor, Norris teaches a metal acoustic lens comprises a plurality of stacked plates [Abstract].
Norris also teaches a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 2.0 cm to 6.0 cm (“FIG. 6 shows an embodiment of a metal acoustic lens which is sealed on the top and bottom by cover plates to seal the interior of the lens from the outside water. Each of the two aluminum cover plates (or end caps) are 2 cm thick” [0026]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka in view of Kitchens and further in view of Nakai as outlined above with a portion of the platen residing between the outer surface and the ultrasonic receiver has a thickness in a range from 2.0 cm to 6.0 cm as taught by Norris, because it can result in a desired fixed speed of sound [0010].
Claims 32 is rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Nakatsuka as applied to Claim 1 above, and further in view of Oraevsky et al (US 20140039293 A1; hereinafter referred to as Oraevsky)
Regarding Claim 32, Lu in view of Nakatsuka discloses all limitations noted above except that at least one surface of the platen comprises an anti-reflective layer.
However, in the similar field of optoacoustic imaging system, Oraevsky teaches real-time imaging systems that visualize thin tissue slices noninvasively through skin using an optoacoustic imaging system [Abstract, 0002].
Oraevsky also teaches that at least one surface of the platen comprises an anti-reflective layer (" Finally, the optical beam from fiber bundle paddles exit from the probe into the skin (SK) through optical windows (OW) that comprise thin anti-reflection-coated glass plates or anti-reflection-coated polymer or plastic plates with acoustic impedance matching that of tissues to be imaged." [0054]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Lu in view of Nakatsuka as outlined above with at least one surface of the platen comprising an anti-reflective layer as taught by Oraevsky, because lower distortions light delivery Improves optoacoustic image contrast and decreases artifacts by the imaging plane increasing the ratio of useful information [0079]].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-35, & 38-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. 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 STEVEN MALDONADO whose telephone number is 703-756-1421. The examiner can normally be reached 8:00 am-4:00 pm PST M-Th 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
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/Steven Maldonado/
Patent Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
Prosecution Insights