DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/12/2026 has been entered.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22-29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 22, 24, 26 , & 28 recites that the ultrasonic waves received by the ultrasonic receiver are within a range of frequencies, which renders the claims unclear. It is unclear whether the frequency of the signals themselves are being claimed, which would be a 101 rejection, or whether the receivers passband is being claimed.
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, 11, 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 (“According to some examples, a control system (such as the control system 206) may be capable of selecting the first acquisition time delay. In some examples, the control system may be capable of selecting the acquisition time delay based, at least on part, on user input. For example, the control system may be capable of receiving an indication of target depth or a distance from a platen surface of the biometric system via a user interface. The control system may be capable of determining a corresponding acquisition time delay from a data structure stored in memory, by performing a calculation, etc. Accordingly, in some instances the control system's selection of an acquisition time delay may be according to user input and/or according to one or more acquisition time delays stored in memory.” [0100], “FIGS. 15A and 15B show example arrangements of ultrasonic transmitters and receivers in an ultrasonic sensor system, with other arrangements possible. For example, in some implementations, the ultrasonic transmitter 20 may be above the ultrasonic receiver 30 and therefore closer to the object(s) 25 to be detected. In some implementations, the ultrasonic transmitter may be included with the ultrasonic sensor array (e.g., a single-layer transmitter and receiver). In some implementations, the ultrasonic sensor system may include an acoustic delay layer. For example, an acoustic delay layer may be incorporated into the ultrasonic sensor system between the ultrasonic transmitter 20 and the ultrasonic receiver 30. An acoustic delay layer may be employed to adjust the ultrasonic pulse timing, and at the same time electrically insulate the ultrasonic receiver 30 from the ultrasonic transmitter 20. The acoustic delay layer may have a substantially uniform thickness, with the material used for the delay layer and/or the thickness of the delay layer selected to provide a desired delay in the time for reflected ultrasonic energy to reach the ultrasonic receiver 30. In doing so, the range of time during which an energy pulse that carries information about the object by virtue of having been reflected by the object may be made to arrive at the ultrasonic receiver 30 during a time range when it is unlikely that energy reflected from other parts of the ultrasonic sensor system is arriving at the ultrasonic receiver 30. In some implementations, the substrate 34 and/or the platen 40 may serve as an acoustic delay layer.” [0159]).
Lu does not specifically disclose that the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference from the light source system 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 from the light source system 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], “if the thickness of the gel layer 60 is approximately 0.15 mm, then the detection object 10 a can be detected even if it is near the surface inside the subject 10. If the thickness of the gel layer 60 is over 0.15 mm, or if the main body 30 does not image the area near the surface inside the subject 10, then the time period τ4 or the start of acquisition of the acoustic wave signal by the reception circuit 33 (the time t5) can be adjusted according to the thickness of the gel layer 60 or to the thickness of the surface inside the subject 10 that is not imaged.” [0063], “As shown in FIG. 2, the inside of the subject is irradiated with ultrasonic waves produced by the malfunctioning of the ultrasonic transducer. The ultrasonic waves produced by this malfunctioning proceed through the subject at a speed of approximately 1500 m/s, and reach the detection object after the time T since the ultrasonic waves were generated by the malfunction. The ultrasonic waves produced by malfunction are then reflected by the detection object, and reach the ultrasonic transducer after another time T. The ultrasonic transducer then vibrates after approximately time T×2 (twice the length of T) since the malfunction. Specifically, as shown in FIG. 4, the reception circuit acquires an acoustic wave signal G3 from the ultrasonic transducer. Then, as shown in FIG. 5, a false image H3 corresponding to the acoustic wave signal G3 is displayed on the image display component. As discussed above, when the probe is configured as in FIG. 2 in a comparative photoacoustic imaging device, the unnecessary false images H1 and H3 are displayed on the image display component along with the true image H2.” [0068])
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 from the light source system 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], “FIGS. 15A and 15B show example arrangements of ultrasonic transmitters and receivers in an ultrasonic sensor system, with other arrangements possible. For example, in some implementations, the ultrasonic transmitter 20 may be above the ultrasonic receiver 30 and therefore closer to the object(s) 25 to be detected. In some implementations, the ultrasonic transmitter may be included with the ultrasonic sensor array (e.g., a single-layer transmitter and receiver). In some implementations, the ultrasonic sensor system may include an acoustic delay layer. For example, an acoustic delay layer may be incorporated into the ultrasonic sensor system between the ultrasonic transmitter 20 and the ultrasonic receiver 30. An acoustic delay layer may be employed to adjust the ultrasonic pulse timing, and at the same time electrically insulate the ultrasonic receiver 30 from the ultrasonic transmitter 20. The acoustic delay layer may have a substantially uniform thickness, with the material used for the delay layer and/or the thickness of the delay layer selected to provide a desired delay in the time for reflected ultrasonic energy to reach the ultrasonic receiver 30. In doing so, the range of time during which an energy pulse that carries information about the object by virtue of having been reflected by the object may be made to arrive at the ultrasonic receiver 30 during a time range when it is unlikely that energy reflected from other parts of the ultrasonic sensor system is arriving at the ultrasonic receiver 30. In some implementations, the substrate 34 and/or the platen 40 may serve as an acoustic delay layer.” [0159]).
Also in a similar field of endeavor, Nakatsuka teaches 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 (“As shown in FIG. 2, the ultrasonic waves B1 generated by the ultrasonic transducer 24 are reflected by a substance with high acoustic impedance inside the subject 10. For instance, let us assume that the detection object 10 a in FIG. 2 has a high acoustic impedance. Let us also assume that the reflected ultrasonic waves are the ultrasonic waves B2. The reflected ultrasonic waves B2 then irradiate the ultrasonic transducer 24, and the ultrasonic transducer 24 vibrates.” [0034])
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 reflected ultrasonic waves emitted by the ultrasonic receiver that have reflected from the target object 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 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 (“FIGS. 15A and 15B show example arrangements of ultrasonic transmitters and receivers in an ultrasonic sensor system, with other arrangements possible. For example, in some implementations, the ultrasonic transmitter 20 may be above the ultrasonic receiver 30 and therefore closer to the object(s) 25 to be detected. In some implementations, the ultrasonic transmitter may be included with the ultrasonic sensor array (e.g., a single-layer transmitter and receiver). In some implementations, the ultrasonic sensor system may include an acoustic delay layer. For example, an acoustic delay layer may be incorporated into the ultrasonic sensor system between the ultrasonic transmitter 20 and the ultrasonic receiver 30. An acoustic delay layer may be employed to adjust the ultrasonic pulse timing, and at the same time electrically insulate the ultrasonic receiver 30 from the ultrasonic transmitter 20. The acoustic delay layer may have a substantially uniform thickness, with the material used for the delay layer and/or the thickness of the delay layer selected to provide a desired delay in the time for reflected ultrasonic energy to reach the ultrasonic receiver 30. In doing so, the range of time during which an energy pulse that carries information about the object by virtue of having been reflected by the object may be made to arrive at the ultrasonic receiver 30 during a time range when it is unlikely that energy reflected from other parts of the ultrasonic sensor system is arriving at the ultrasonic receiver 30. In some implementations, the substrate 34 and/or the platen 40 may serve as an acoustic delay layer. [0159]).
Also in a similar field of endeavor, Nakatsuka teaches 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 (“ The acoustic wave emitted from the detection object proceeds through the subject at a speed of approximately 1500 m/s, and reaches the ultrasonic transducer after a time T has elapsed since the acoustic wave was generated. In this case, the speed at which the pulsed light proceeds through the subject is sufficiently higher than the speed at which the acoustic wave proceeds through the subject, so the time during which the pulsed light proceeds through the subject can be ignored.” [0067])
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 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 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 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 11, Lu discloses 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 (“the target object is a finger 106, which is positioned on an outer surface of a platen 1005. FIGS. 10A-10C show examples of tissues and structures of the finger 106, including the epidermis 1010, bone tissue 1015, blood vasculature 1020 and various sub-epidermal tissues. In this example, incident light 102 has been transmitted from a light source system (not shown) through the platen 1005 and into the finger 106. Here, the incident light 102 has caused optical excitation of the epidermis 1010 and blood vasculature 1020 and resultant generation of acoustic waves 110, which can be detected by the ultrasonic sensor array 202.” [0114]).
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 (“the light source system 204 may be capable of emitting various wavelengths of light, which may be selectable to trigger acoustic wave emissions primarily from a particular type of material. For example, because the hemoglobin in blood absorbs near-infrared light very strongly, in some implementations the light source system 204 may be capable of emitting one or more wavelengths of light in the near-infrared range, in order to trigger acoustic wave emissions from hemoglobin.” [0068], "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], “the platen 40 may be a cover plate, e.g., a cover glass or a lens glass for a display.” [0155]).
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 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 (“ the incident light wavelength, wavelengths and/or wavelength range(s) may be selected to trigger acoustic wave emissions primarily from a particular type of material, such as blood, blood vessels, other soft tissue, or bones.” [0087], “FIGS. 15A and 15B show example arrangements of ultrasonic transmitters and receivers in an ultrasonic sensor system, with other arrangements possible. For example, in some implementations, the ultrasonic transmitter 20 may be above the ultrasonic receiver 30 and therefore closer to the object(s) 25 to be detected. In some implementations, the ultrasonic transmitter may be included with the ultrasonic sensor array (e.g., a single-layer transmitter and receiver). In some implementations, the ultrasonic sensor system may include an acoustic delay layer. For example, an acoustic delay layer may be incorporated into the ultrasonic sensor system between the ultrasonic transmitter 20 and the ultrasonic receiver 30. An acoustic delay layer may be employed to adjust the ultrasonic pulse timing, and at the same time electrically insulate the ultrasonic receiver 30 from the ultrasonic transmitter 20. The acoustic delay layer may have a substantially uniform thickness, with the material used for the delay layer and/or the thickness of the delay layer selected to provide a desired delay in the time for reflected ultrasonic energy to reach the ultrasonic receiver 30. In doing so, the range of time during which an energy pulse that carries information about the object by virtue of having been reflected by the object may be made to arrive at the ultrasonic receiver 30 during a time range when it is unlikely that energy reflected from other parts of the ultrasonic sensor system is arriving at the ultrasonic receiver 30. In some implementations, the substrate 34 and/or the platen 40 may serve as an acoustic delay layer.” [0159]).
Lu does not specifically disclose that the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference from the light source system 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 from the light source system 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], “if the thickness of the gel layer 60 is approximately 0.15 mm, then the detection object 10 a can be detected even if it is near the surface inside the subject 10. If the thickness of the gel layer 60 is over 0.15 mm, or if the main body 30 does not image the area near the surface inside the subject 10, then the time period τ4 or the start of acquisition of the acoustic wave signal by the reception circuit 33 (the time t5) can be adjusted according to the thickness of the gel layer 60 or to the thickness of the surface inside the subject 10 that is not imaged.” [0063], “As shown in FIG. 2, the inside of the subject is irradiated with ultrasonic waves produced by the malfunctioning of the ultrasonic transducer. The ultrasonic waves produced by this malfunctioning proceed through the subject at a speed of approximately 1500 m/s, and reach the detection object after the time T since the ultrasonic waves were generated by the malfunction. The ultrasonic waves produced by malfunction are then reflected by the detection object, and reach the ultrasonic transducer after another time T. The ultrasonic transducer then vibrates after approximately time T×2 (twice the length of T) since the malfunction. Specifically, as shown in FIG. 4, the reception circuit acquires an acoustic wave signal G3 from the ultrasonic transducer. Then, as shown in FIG. 5, a false image H3 corresponding to the acoustic wave signal G3 is displayed on the image display component. As discussed above, when the probe is configured as in FIG. 2 in a comparative photoacoustic imaging device, the unnecessary false images H1 and H3 are displayed on the image display component along with the true image H2.” [0068])
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 from the light source system 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], “FIGS. 15A and 15B show example arrangements of ultrasonic transmitters and receivers in an ultrasonic sensor system, with other arrangements possible. For example, in some implementations, the ultrasonic transmitter 20 may be above the ultrasonic receiver 30 and therefore closer to the object(s) 25 to be detected. In some implementations, the ultrasonic transmitter may be included with the ultrasonic sensor array (e.g., a single-layer transmitter and receiver). In some implementations, the ultrasonic sensor system may include an acoustic delay layer. For example, an acoustic delay layer may be incorporated into the ultrasonic sensor system between the ultrasonic transmitter 20 and the ultrasonic receiver 30. An acoustic delay layer may be employed to adjust the ultrasonic pulse timing, and at the same time electrically insulate the ultrasonic receiver 30 from the ultrasonic transmitter 20. The acoustic delay layer may have a substantially uniform thickness, with the material used for the delay layer and/or the thickness of the delay layer selected to provide a desired delay in the time for reflected ultrasonic energy to reach the ultrasonic receiver 30. In doing so, the range of time during which an energy pulse that carries information about the object by virtue of having been reflected by the object may be made to arrive at the ultrasonic receiver 30 during a time range when it is unlikely that energy reflected from other parts of the ultrasonic sensor system is arriving at the ultrasonic receiver 30. In some implementations, the substrate 34 and/or the platen 40 may serve as an acoustic delay layer.” [0159]).
Also in a similar field of endeavor, Nakatsuka teaches 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 (“As shown in FIG. 2, the ultrasonic waves B1 generated by the ultrasonic transducer 24 are reflected by a substance with high acoustic impedance inside the subject 10. For instance, let us assume that the detection object 10 a in FIG. 2 has a high acoustic impedance. Let us also assume that the reflected ultrasonic waves are the ultrasonic waves B2. The reflected ultrasonic waves B2 then irradiate the ultrasonic transducer 24, and the ultrasonic transducer 24 vibrates.” [0034])
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 reflected ultrasonic waves emitted by the ultrasonic receiver that have reflected from the target object 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 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 (“FIGS. 15A and 15B show example arrangements of ultrasonic transmitters and receivers in an ultrasonic sensor system, with other arrangements possible. For example, in some implementations, the ultrasonic transmitter 20 may be above the ultrasonic receiver 30 and therefore closer to the object(s) 25 to be detected. In some implementations, the ultrasonic transmitter may be included with the ultrasonic sensor array (e.g., a single-layer transmitter and receiver). In some implementations, the ultrasonic sensor system may include an acoustic delay layer. For example, an acoustic delay layer may be incorporated into the ultrasonic sensor system between the ultrasonic transmitter 20 and the ultrasonic receiver 30. An acoustic delay layer may be employed to adjust the ultrasonic pulse timing, and at the same time electrically insulate the ultrasonic receiver 30 from the ultrasonic transmitter 20. The acoustic delay layer may have a substantially uniform thickness, with the material used for the delay layer and/or the thickness of the delay layer selected to provide a desired delay in the time for reflected ultrasonic energy to reach the ultrasonic receiver 30. In doing so, the range of time during which an energy pulse that carries information about the object by virtue of having been reflected by the object may be made to arrive at the ultrasonic receiver 30 during a time range when it is unlikely that energy reflected from other parts of the ultrasonic sensor system is arriving at the ultrasonic receiver 30. In some implementations, the substrate 34 and/or the platen 40 may serve as an acoustic delay layer. [0159]).
Also in a similar field of endeavor, Nakatsuka teaches 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 (“ The acoustic wave emitted from the detection object proceeds through the subject at a speed of approximately 1500 m/s, and reaches the ultrasonic transducer after a time T has elapsed since the acoustic wave was generated. In this case, the speed at which the pulsed light proceeds through the subject is sufficiently higher than the speed at which the acoustic wave proceeds through the subject, so the time during which the pulsed light proceeds through the subject can be ignored.” [0067])
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 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 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].
Claims 4 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 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 ultrasound probes, Nakai teaches a composition for an acoustic wave probe including a polysiloxane mixture containing polysiloxane and silica particles [Abstract].
Nakai teaches a speed of sound in the platen is in a range from 800-3000 meters per second ("sensitivity of transmission and reception of an ultrasonic wave is improved using a material of which the acoustic velocity is sufficiently lower than that of a human body, the ultrasound attenuation is low, and the acoustic impedance is close to a value of the skin of a human body, as the material of the acoustic lens 1." [0189], it is known in the art that the acoustic velocity of a human is approx. 1,500 m/s).
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 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 6-10, 12-13, and 15 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 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.
However, in a similar field of endeavor, Wang teaches a confocal photoacoustic microscopy system includes a laser configured to emit a light pulse [Abstract].
Wang also 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 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].
Claim 14 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 Joseph et al (US20170156706A1; hereinafter referred to as Joseph)
Regarding Claim 14, Lu in view of Nakatsuka discloses further comprising a control system ("An apparatus may include an ultrasonic sensor array, a light source system and a control system." [Lu Abstract]) configured to:
control the light source system to emit light; receive signals from the ultrasonic receiver corresponding to the ultrasonic waves generated by 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. " [Lu 0075]);
and to identify one or more arterial wall signals from the ultrasonic receiver corresponding to ultrasonic waves generated by one or more arterial walls of the target object (“the incident light wavelength or wavelengths emitted by a light source system may be selected to trigger acoustic wave emissions primarily from a particular type of material, such as blood, blood cells, blood vessels, blood vasculature, lymphatic vasculature, other soft tissue, or bones. The acoustic wave emissions may, in some examples, include ultrasonic waves.” [Lu 0059]).
Lu in view of Nakatsuka does not specifically teach to estimate one or more cardiac features based, at least in part, on the one or more arterial wall signals.
However, in a similar field of endeavor, Joseph teaches a method and system for cuff-less blood pressure (BP) measurement of a subject [Abstract].
Joseph also teaches to estimate one or more cardiac features based, at least in part, on the one or more arterial wall signals (“The ultrasound transducer 104 measures a change in arterial dimensions over a cardiac cycle of the arterial wall of the subject 108. In an embodiment, the arterial dimensions include the arterial distension (ΔD) and the end-diastolic diameter (Dd). A controller unit 106 measures Blood Pressure (BP) of the subject 108 based on the local PWV and the change in the arterial dimensions.” [0047], Lu teaches generating photoacoustic waves in an arterial wall while Joseph teaches the capabaility of determining cardiac features of an arterial wall through ultrasound).
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 to estimate one or more cardiac features based, at least in part, on the one or more arterial wall signals as taught by Joseph, because it overcomes unique functional requirements and challenges [0002].
Claims 19-20 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 Park et al (US20190357779A1; hereinafter referred to as Park)
Regarding Claim 19, Lu in view of Nakatsuka discloses all limitations noted above except that the mobile device comprises a pen or a stylus.
However, in the similar field of optoacoustic imaging system, Park teaches a technology for measuring a blood pressure in a cuffless manner [0002].
Park also teaches that the mobile device comprises a pen or a stylus (" The touch pen 110 is a device which inputs data to the electronic device 120 by touching a screen of the electronic device 120 and may be variously called an electronic pen, a stylus, a stylus pen, a smart pen, or the like. The electronic device 120 is a device capable of performing various functions by receiving a touch-based input and may include a mobile phone, a smartphone, a tablet computer, a notebook computer, " [0052], “the touch pen 210 may further include a light source 215 to be used for measuring a pulse wave of the object of interest.” [0065]).
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 mobile device comprises a pen or a stylus r as taught by Park, because it may lead to more accurate blood pressure measurement [0079].
Regarding Claim 20, Lu in view of Nakatsuka discloses all limitations noted above except that the pen or the stylus includes a force sensor, a motion sensor, a spring, or combinations thereof.
However, in the similar field of optoacoustic imaging system, Park teaches that the pen or the stylus includes a force sensor, a motion sensor, a spring, or combinations thereof ("The touch pen 210 may include a power receiver 211, a pressurizer 212, a force measurer (e.g., a force sensor) 213, and a communicator (e.g., a communication interface) 214." [0060], “The force measurer 213 may measure a force applied to the pressurizer 212. For example, the force measurer 213 may measure a force of the pressurizer 212 pressing the object of interest. To this end, the pressurizer 212 may be connected to the force measurer 213 and may transmit the force applied to the pressurizer 212 to the force measurer 213.” [0063]).
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 includes a force sensor, a motion sensor, a spring, or combinations thereof as taught by Park, because it may lead to more accurate blood pressure measurement [0079].
Claims 21-26 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 Xia et al (W. Xia, D. Piras, J. C. G. van Hespen, W. Steenbergen, and S. Manohar, “A new acoustic lens material for large area detectors in photoacoustic breast tomography,” Photoacoustics, vol. 1, no. 2, pp. 9–18, May 2013; hereinafter referred to as Xia)
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 0.3-6.0 decibels per centimeter per megahertz.
However, in the similar field of endeavor, Xia teaches a new acoustic lens material for photoacoustic tomography (PAT) to improve lateral resolution while possessing excellent acoustic acoustic impedance matching with tissue to minimize lens induced image artifacts [Abstract].
Xia also teaches also teaches that the platen provides an acoustic attenuation of the ultrasonic waves in a range from 0.3-6.0 decibels per centimeter per megahertz ("The detailed description of the detector model and material properties of the detector used in simulations are presented in Ref. [26]. The properties of the lens materials used in the simulation are listed in Table 1." [2.4.1. Directivity (simulation and experiment)], Fig. 4B shows the attenuation for each lens at differing frequencies).
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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 provides an acoustic attenuation of the ultrasonic waves in a range from 0.3-6.0 decibels per centimeter per megahertz as taught by Xia, because improve lateral resolution while possessing excellent acoustic acoustic impedance matching with tissue to minimize lens induced image artifacts [Abstract].
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 0.3-12.0 decibels per centimeter per megahertz.
However, in the similar field of endeavor, Xia teaches 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 0.3-12.0 decibels per centimeter per megahertz ("The detailed description of the detector model and material properties of the detector used in simulations are presented in Ref. [26]. The properties of the lens materials used in the simulation are listed in Table 1." [2.4.1. Directivity (simulation and experiment)], Fig. 4B shows the attenuation for each lens at differing frequencies).
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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 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 0.3-12.0 decibels per centimeter per megahertz as taught by Xia, because improve lateral resolution while possessing excellent acoustic acoustic impedance matching with tissue to minimize lens induced image artifacts [Abstract].
Regarding Claim 23, Lu discloses 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 (“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 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 the similar field of endeavor, Xia teaches 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 ("The detailed description of the detector model and material properties of the detector used in simulations are presented in Ref. [26]. The properties of the lens materials used in the simulation are listed in Table 1." [2.4.1. Directivity (simulation and experiment)], Fig. 4B shows the attenuation for each lens at differing frequencies).
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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 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 as taught by Xia, because improve lateral resolution while possessing excellent acoustic acoustic impedance matching with tissue to minimize lens induced image artifacts [Abstract].
Regarding Claim 25, Lu discloses 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 (“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 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 the similar field of endeavor, Xia teaches 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 ("The detailed description of the detector model and material properties of the detector used in simulations are presented in Ref. [26]. The properties of the lens materials used in the simulation are listed in Table 1." [2.4.1. Directivity (simulation and experiment)], Fig. 4B shows the attenuation for each lens at differing frequencies).
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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 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 as taught by Xia, because improve lateral resolution while possessing excellent acoustic acoustic impedance matching with tissue to minimize lens induced image artifacts [Abstract].
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Nakatsuka and further in view of Xia as applied to Claim 26 above, and further in view of Cho et al (Y. Cho, C.-C. Chang, L. V. Wang, and J. Zou, “Micromachined Silicon Parallel Acoustic Delay Lines as time-delayed ultrasound detector array for real-time photoacoustic tomography,” Journal of Optics, vol. 18, no. 2, p. 024003, Jan. 2016; hereinafter referred to as Cho)
Regarding Claim 27, Lu in view of Nakatsuka and further in view of Xia 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 the similar field of optoacoustic imaging system, Cho teaches development of a new 16-channel parallel acoustic delay line (PADL) array for real-time photoacoustic tomography (PAT) [Abstract].
Cho also teaches that 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 (“Figure 1 shows the schematic design of the longest (the 16th) PADL. The diameter of its circular portion is 30 mm, which is still compact even though its delay length reaches 90 cm. All 16 PADLs have the same span of 60 mm between their input and output terminals (L in figure 1), which facilitates the assembly and ease of contact between the imaging target and the single-element transducer." [2. DESIGN AND CONSTRUCTION]).
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 and further in view of Xia 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 Cho, because it ensures that the PA signals do not overlap with each other and therefore can be clearly distinguished when they reach the single-element transducer [2. DESIGN AND CONSTRUCTION].
Claim 28-29 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 Cho.
Regarding Claim 28, Lu in view of Nakatsuka discloses the ultrasonic waves received by the ultrasonic receiver are in a range from 7.0 MHz to 13.0 MHz (“Example frequencies of the ultrasonic waves may be in the range of 5 MHz to 30 MHz, with wavelengths on the order of a millimeter or less.” [Lu 0157].
Lu in view of Nakatsuka does not specifically disclose that the platen provides an acoustic attenuation of the ultrasonic waves of less than 0.15 decibels per centimeter per megahertz.
However, in the similar field of optoacoustic imaging system, Cho teaches that the platen provides an acoustic attenuation of the ultrasonic waves of less than 0.15 decibels per centimeter per megahertz (“acoustic attenuation varies linearly with the length of the silicon PADLs, but the amplitudes of the received ultrasound signals showed otherwise. One possible reason could be non-uniform contact between the silicon PADLs and the two ultrasound transducers. Here, the average acoustic attenuation of the silicon PADLs was calculated by measuring the signal amplitude difference between the shortest (1st) and the longest (16th) PADL. It was 0.058 dB/cm @ 2.25 MHz, which is higher than that in a straight silicon delay line (0.015 dB/cm @ 2.25 MHz) [19]. As observed in our previous experiments [19], when ultrasound signals travel along a curved delay line, they encounter more reflections and potential mode conversions on the sidewall of the delay line, which contribute to higher acoustic attenuation. However, it should be mentioned that the attenuation of 0.058dB/cm is still very low, and can be neglected." [4. RESULTS AND DISCUSSION]).
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 provides an acoustic attenuation of the ultrasonic waves of less than 0.15 decibels per centimeter per megahertz as taught by Cho, because it ensures that the PA signals do not overlap with each other and therefore can be clearly distinguished when they reach the single-element transducer [2. DESIGN AND CONSTRUCTION].
Regarding Claim 29, Lu in view of Nakatsuka 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 the similar field of optoacoustic imaging system, Cho teaches that 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 (“Figure 1 shows the schematic design of the longest (the 16th) PADL. The diameter of its circular portion is 30 mm, which is still compact even though its delay length reaches 90 cm. All 16 PADLs have the same span of 60 mm between their input and output terminals (L in figure 1), which facilitates the assembly and ease of contact between the imaging target and the single-element transducer." [2. DESIGN AND CONSTRUCTION]).
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 and further in view of 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 Cho, because it ensures that the PA signals do not overlap with each other and therefore can be clearly distinguished when they reach the single-element transducer [2. DESIGN AND CONSTRUCTION].
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]].
Claim 33 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 Yeh et al (C. Yeh, S. Hu, K. Maslov, and L. V. Wang, “Photoacoustic microscopy of Blood Pulse Wave,” Journal of Biomedical Optics, vol. 17, no. 7, p. 0705041, Jun. 2012; hereinafter referred to as Yeh)
Regarding Claim 33, Lu in view of Nakatsuka discloses further comprising a control system ("An apparatus may include an ultrasonic sensor array, a light source system and a control system." [Lu Abstract]) configured to:
control the light source system to emit light; receive signals from the ultrasonic receiver corresponding to the ultrasonic waves generated by 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. " [Lu 0075]);
identify arterial blood signals from the ultrasonic receiver corresponding to ultrasonic waves generated by blood within an artery of the target object (“the incident light wavelength or wavelengths emitted by a light source system may be selected to trigger acoustic wave emissions primarily from a particular type of material, such as blood, blood cells, blood vessels, blood vasculature, lymphatic vasculature, other soft tissue, or bones. The acoustic wave emissions may, in some examples, include ultrasonic waves.” [Lu 0059]).
Lu in view of Nakatsuka does not specifically teach to estimate one or more cardiac features based, at least in part, on the arterial blood signals.
However, in a similar field of endeavor, Yeh teaches photoacoustic microscopy for noninvasive quantification of the PWV in peripheral vessels [Abstract].
Yeh also teaches to estimate one or more cardiac features based, at least in part, on the arterial blood signals (“Photoacoustic microscopy (PAM) is capable of high sensitivity, high resolution, and noninvasive vascular imaging in vivo,6 extending PWV measurements to small peripheral vessels. In this letter, by simultaneously monitoring blood flow speed and cardiac pulsation using a combined PAM-electrocardiography (ECG) system, we demonstrated the first in vivo photoacoustic measurement of the PWV in the mouse peripheral vasculature.” [Pg. 2 Col. 1], “The dual-modal system consists of a second-generation opti cal-resolution PAM (OR-PAM) system7 and a home-made ECG recorder, as seen in Fig. 1. In OR-PAM, the outputs of a solid state laser (SPOT, Elforlight) and a wavelength-tunable laser system (pump laser: INNOSLAB, Edgewave; dye laser) were combined using a beam splitter to provide pulse-to-pulse wavelength switching for the measurement of hemoglobin oxygen saturation (SO2). [Pg. 2 Col. 2], “Complementary to ultrasonic measurements of PWV in the aorta, OR-PAM is capable of measuring the PWV in peripheral microvessels. According to the Moens–Korteweg equation,2 PWV is closely associated with vascular stiffness, vessel wall thickness, and blood density.” [Pg. 4 Col. 1]).
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 to estimate one or more cardiac features based, at least in part, on the arterial blood signals as taught by Yeh, because blood pulse wave-induced fluctuations in blood flow speed are clearly observed in arteries and arterioles, but not in veins or venules [Abstract].
Claims 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 Schnaiderman et al (US20210055473A1; hereinafter referred to as Schnaiderman)
Regarding Claim 34, Lu in view of Nakatsuka discloses all limitations noted above except further comprising one or more optical waveguides.
However, in the similar field of optoacoustic imaging system, Schnaiderman teaches sensors, and to other devices comprising a waveguide and optical resonator [0001].
Schnaiderman also teaches further comprising one or more optical waveguides ("The sensor 10 comprises a waveguide 20. The waveguide 20 may be a single mode waveguide, a multimode waveguide, a polarization maintaining waveguide, a non-polarization maintaining waveguide, a mode composite waveguide, a photonic crystal fiber, an optical fiber, or a silicon waveguide, without being limited thereto." [0072]).
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 further comprising one or more optical waveguides as taught by Schnaiderman, because sensors that are extremely small, flexible and immune to electromagnetic interference, and exhibit high bandwidth. [0002].
Regarding Claim 35, Lu in view of Nakatsuka discloses all limitations noted above except further comprising one or more optical waveguides.
However, in the similar field of optoacoustic imaging system, Schnaiderman teaches at least a portion of one of the one or more optical waveguides resides in a portion of the platen ("the acoustic transducer may comprise the waveguide with integrated optical resonator in accordance with any one of the embodiments disclosed herein, and as described in more detail with reference to FIG. 1 to FIG. 11" [0170], “The acoustic mirror 100 may be used as basis for a non-invasive multi-modal medical sensor. The acoustically matched and optically transparent acoustic mirror 100 is in contact with the human finger 122 through an aperture. The excitation beam leaves the light source and impinges onto the specimen 122. The generated acoustic signals are collected and projected onto an acoustic transducer 123 positioned to overlap with the inner acoustic focus 104. Optical or electrical input and output contacts for the acoustic transducer can transverse trough the acoustic mirror 100.” [0180]).
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 resides in a portion of the platen as taught by Schnaiderman, because sensors that are extremely small, flexible and immune to electromagnetic interference, and exhibit high bandwidth. [0002].
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive.
Regarding the U.S.C. 103 rejection of Claim 1, the applicant argues the following:
Nakatsuka Does Not Cure the Deficiencies of Lu
The Office Action relies on Nakatsuka to teach that "the one or more other types of received ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference received by the ultrasonic receiver." While Nakatsuka does recognize the problem of EMI-caused reverberating ultrasonic waves, Nakatsuka's solution is fundamentally different from the claimed invention.
Nakatsuka teaches that "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." (Nakatsuka, paragraph 7.)
However, Nakatsuka's solution to this problem is to deactivate the ultrasonic transducer during light emission-not to configure platen characteristics. Nakatsuka provides "a photoacoustic imaging device... that 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, and a controller that selectively activates or deactivates the ultrasonic transducer, the controller deactivating the ultrasonic transducer while the light source emits the pulsed light." (Nakatsuka, paragraph 9.)
Nakatsuka does not teach or suggest that platen thickness or acoustic velocity could be configured to separate arterial waves from EMI-caused reverberating waves. To the contrary, Nakatsuka teaches away from such an approach by providing an entirely different solution (transducer deactivation) to address the EMI problem.
The Motivation to Combine Does Not Support the Rejection
The Office Action's stated motivation to combine-that "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"-supports Nakatsuka's actual teaching (deactivating the transducer), not the claimed recitations (configuring platen characteristics to separate arterial waves from EMI-caused reverberating waves). Even if one were to combine Lu and Nakatsuka as proposed by the Office Action, the resulting combination would yield an apparatus that deactivates the transducer to avoid EMI-caused reverberations-not an apparatus where platen characteristics are configured to separate arterial waves from such reverberations. The combination simply does not arrive at the claimed invention.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
It is first noted that applicant does concede that Nakatsuka teaches there are ultrasonic waves include reverberating ultrasonic waves caused by electromagnetic interference from the light source system received by the ultrasonic receiver.
Applicants argument that Nakatsuka does not teach “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” is incorrect since Lu is relied on the rejection of that specific limitation.
As noted in the rejection above Lu teaches using platen thickness through the acoustic delay layer to alter the timing of when generated ultrasound waves arrive at the ultrasonic receiver. This is done so the generated ultrasound waves arrive during a time range when it is unlikely that energy reflected from other parts of the ultrasonic sensor system is arriving at the ultrasonic receiver [0159].
Nkatsuka teaches as admitted by the applicant that reverberating ultrasonic waves caused by electromagnetic interference from the light source system received by the ultrasonic receiver can be generated. Nakatsuka also teaches that the photoacoustic ultrasonic waves arrive at a time T while the EMI reverberated ultrasonic waves are received at time 2T, as well as the fact that the acquisition time of the ultrasonic waves is dependent on the thickness of a gel layer between the probe and the subject [0063, 0067-0068]
Lu in view of Nakatsuka teaches in combination that 1) the thickness of the platen can be altered to adjust the acquisition timing of desired photoacoustic ultrasonic waves and 2) reverberated waves generated by electromagnetic interference arrive at the ultrasonic transducer at a different time from desired photoacoustic ultrasonic waves. An ordinary skilled person in the art would recognize adjusting the thickness of the platent to sepearte the ultrasonic waves based on the information from Lu and Nakatsuka and would pursue the combination because there is a conceivable problem 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].
Applicant’s arguments with respect to claim(s) 21-29 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
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/Steven Maldonado/
Patent Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
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