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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-3, 5-10 in the reply filed on 05/14/2025 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: claim 10 “the determination unit configured to determine” it will be interpreted as a processing system.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6 is/are rejected under 35 U.S.C. 102(a)(1) is anticipated by Schwach et al. (US 2008/0221519)
With respect to claim 1 Schwach discloses a photoacoustic signal measurement instrument for use in measurement of a photoacoustic signal from a photoacoustic wave source disposed at a tip end of a device to be inserted into a subject,the photoacoustic signal measurement instrument comprising: a holder portion configured to house the tip end of the device, the holder portion holding a substance that allows a photoacoustic signal to pass through; and a fixing portion configured to fix a relation between a location where an ultrasonic probe is disposed and a location of the tip end of the device, without the ultrasonic probe that receives a photoacoustic signal contacting the tip end of the device (see Fig. 1, see para. 0051-0070, “ “The same approach is used in FIG. 4, which shows a probe holder 2 having recesses 26, 26' to accommodate a first pair of substantially parallel rails in a first direction. Furthermore, the probe holder 2 has additional recesses 26'' and 26''' which are arranged with a height offset O in comparison to recesses 26, 26' as indicated by the double arrow. These additional recesses 26'', 26''' serve to accommodate a second pair of substantially parallel rails in a second direction being perpendicular to the first direction. A movement in two directions is achieved by gliding of the probe holder 2 along rails 5, 5' (not shown) accommodated by recesses 26, 26', and/or by its gliding along rails 6, 6' (not shown) accommodated by recesses 26'', 26'''.FIG. 6 shows an application of the puncture system to a person by means of a cross-sectional illustration of the person's skin 104. Underneath the surface of the skin 104 is a blood vessel 102 that is surrounded by tissue 106. When the puncture system 100 is mounted on the probe holder 2 it is above the skin 104 of the person. The acquisition module 108 is adapted to acquire optical, opto-acoustic or acoustic data from the tissue 106 and the blood vessel 102 that allows to classify at least one blood vessel parameter, such as location of the blood vessel, diameter of the blood vessel, size of the blood vessel, depth underneath the surface of the skin 104, geometry of the blood vessel, blood flow or similar parameters.”
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2. The photoacoustic signal measurement instrument according to claim 1, further comprising:a container portion configured to house the device, wherein the holder portion is a recess portion on a surface of the container portion, the tip end of the device that is housed within the container portion is contained in the recess portion, and the container portion includes a space outside the recess portion, the space configured to receive the ultrasonic probe facing the recess portion (See Fig. 4)
3. The photoacoustic signal measurement instrument according to The photoacoustic signal measurement instrument according to wherein the recess portion has a bottom face including a slope face. (see Fig. 4)
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.
Claim(s) 5-6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwach et al. (US 2008/0221519) in view of Pfeiffer (US 2011/0118577)
5. A photoacoustic signal measurement system, comprising: a photoacoustic signal measurement instrument for use in measurement of a photoacoustic signal from a photoacoustic wave source disposed at a tip end of a device to be inserted into a subject; and a determination unit, wherein the photoacoustic signal measurement instrument comprises: a holder portion configured to house the tip end of the device, the holder portion holding a substance that allows a photoacoustic signal to pass through; anda fixing portion configured to fix a relation between a location where an ultrasonic probe is disposed and a location of the tip end of the device, without the ultrasonic probe that receives a photoacoustic signal contacting the tip end of the device, the photoacoustic wave source is irradiated with light from a light generating device via the device to thereby emit a photoacoustic signal, see Fig. 1, see para. 0051-0070, “ “The same approach is used in FIG. 4, which shows a probe holder 2 having recesses 26, 26' to accommodate a first pair of substantially parallel rails in a first direction. Furthermore, the probe holder 2 has additional recesses 26'' and 26''' which are arranged with a height offset O in comparison to recesses 26, 26' as indicated by the double arrow. These additional recesses 26'', 26''' serve to accommodate a second pair of substantially parallel rails in a second direction being perpendicular to the first direction. A movement in two directions is achieved by gliding of the probe holder 2 along rails 5, 5' (not shown) accommodated by recesses 26, 26', and/or by its gliding along rails 6, 6' (not shown) accommodated by recesses 26'', 26'''.FIG. 6 shows an application of the puncture system to a person by means of a cross-sectional illustration of the person's skin 104. Underneath the surface of the skin 104 is a blood vessel 102 that is surrounded by tissue 106. When the puncture system 100 is mounted on the probe holder 2 it is above the skin 104 of the person. The acquisition module 108 is adapted to acquire optical, opto-acoustic or acoustic data from the tissue 106 and the blood vessel 102 that allows to classify at least one blood vessel parameter, such as location of the blood vessel, diameter of the blood vessel, size of the blood vessel, depth underneath the surface of the skin 104, geometry of the blood vessel, blood flow or similar parameters.”
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However, Schwach fails to explicitly disclose the determination unit is configured to determine connection between the light generating device and the device based on a photoacoustic signal emitted from the photoacoustic wave source and received by the ultrasonic probe.
In the same field of endeavor in the subject of probe systems connections Pfeiffer discloses a catheter system having an optical in which the state of the connection between the probe and the base can be adjusted to a predetermined connection value (see claim 12, see abstract). It would have been obvious to one skilled in the art before the effective filling date to have a connection determination system as disclosed by Pfeiffer because doing so will allow to know if the probe is in the right position for data acquisition.
Allowable Subject Matter
Claims 7, 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M. Kozak can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M SANTOS RODRIGUEZ/Primary Examiner, Art Unit 3797