DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This action is in response to the remarks filed on 03/30/2026.
The amendments filed on 03/30/2026 have been entered. Accordingly claims 1-20 remain pending. Claims 1-9 were previously withdrawn from consideration. Claims 10-11 and 15-16 are presently amended.
The previous objections to the claims have been withdrawn in light of applicant's amendments to claims 10 and 15.
Response to Arguments
Applicant's arguments filed 03/30/2026 have been fully considered but they are not persuasive.
Applicant argues the following on page 8 of the remarks.
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a circuit board that has a main rigid fiberglass FR4 base, with an interior flex layer that extends beyond the rigid board) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Examiner notes that the claimed rigid-flex printed circuit board is disclosed by Eibl which discloses a rigid PCB with flexible circuits as detailed below. Examiner further notes that this interpretation is consistent with the description of a rigid-flex board provided in e.g., paragraph [0036] of the pre-grant publication of the instant application.
Applicant’s arguments regarding amended claim 11 have been fully considered and are persuasive, in part. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly discovered prior art Maciá Barber et al.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 10, 12-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eibl et al. (US 2020/0022670, January 23, 2020).
Regarding independent claim 10, Eibl discloses an ultrasound probe (“ultrasound patch” abstract), comprising:
a housing (“housing for the ultrasound patch” [0116]);
a transducer assembly positioned inside the housing (transducer in Fig. 6D, reproduced below, and corresponding description), the transducer assembly comprising:
a printed circuit board comprising a main circuit board of the ultrasound probe (PCB layers 282 and 278 in Fig. 6D; also see [0005]); and
a flex circuit (flex circuit layer 280 in Fig. 6D) with an electrode pattern directly integrated into the flex circuit (copper pads in flex circuit layer 280 in Fig. 6D), where the flex circuit extends laterally from the printed circuit board (“The flex circuit extends outwardly from the PCB layers to provide a flexible connection to the front and rear surfaces of a piezoelectric transducer element.” [0055]; also see Fig. 6D and corresponding description);
a piezoelectric transducer (PZT sheet 276 in Figs. 6A and 6D) directly attached to the electrode pattern on the flex circuit (“an electrode layer is sputter coated from the flex circuit to the rear or proximal side of the PZT sheet 276 to provide an electrical contact to the PZT material” [0057]; also see [0058]); and,
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a battery electrically coupled to the transducer assembly (“A rigid housing 260 is secured behind the patient pad 250 and contains the battery, electronics and speaker etc. that generate the ultrasound signals, detect a Doppler shift in a vessel and produce an output indicative of the Doppler shift as well as transmit the signal data to a remote device.” [0051]).
Regarding claim 12, Eibl further discloses wherein the electrode pattern further comprises one of a bottom electrode and a ground return connection of the transducer assembly (“a top surface of the printed circuit board 20 includes a common ground electrode 26” [0036]).
Regarding claim 13, Eibl further discloses wherein the piezoelectric transducer is conductively coupled to the main circuit board assembly via the flex circuit without a detachable connector (see PZT sheet 276 conductively coupled to PCB layer 282 via the flex circuit layer 280 without a detachable connector in Fig. 6D and corresponding description).
Regarding claim 14, Eibl further discloses wherein the ultrasound probe is communicatively coupled to a user interface via one or more wireless networks (“the processor of the ultrasound patch transmits the Doppler measurements to a remote computer over a wired or wireless link to a computer that stores the relationship data.” [0093]).
Regarding claim 15, Eibl further discloses wherein the ultrasound probe is a patch probe (“ultrasound patch” title) affixed directly to a patient using one or more of a bandage, a strap, and an adhesive (“the ultrasound patch is to remain on a subject for a period of time and can be prone to coming out of contact with the subject's skin. In one embodiment shown in FIG. 22, each end of the housing for the ultrasound patch includes two openings or slots 870 on a top and side surface thereof through which a tracheostomy strap (not shown) can be passed in order to secure the patch to the subject” [0116]).
Regarding independent claim 16, Eibl discloses an imaging system (“The disclosed technology relates to improvements in the design of the transducers for use in such a dedicated ultrasound flow measuring device (also referred to as an ultrasound patch)” [0004]), comprising:
an ultrasound probe (“ultrasound patch” abstract) , comprising:
a housing (“housing for the ultrasound patch” [0116]);
a transducer assembly positioned inside the housing (transducer in Fig. 6D, reproduced below, and corresponding description), the transducer assembly comprising:
a rigid-flex printed circuit board comprising a main circuit board of the ultrasound probe (PCB layers 282 and 278 in Fig. 6D; also see [0005]; also see “rigid printed circuit boards” [0053] and flex circuit combined with rigid PCB in Figs. 6A-J and corresponding descriptions); and
a flex circuit (flex circuit layer 280 in Fig. 6D) with an electrode pattern directly integrated into the flex circuit (copper pads in flex circuit layer 280 in Fig. 6D);
a piezoelectric transducer (PZT sheet 276 in Figs. 6A and 6D) directly attached to the electrode pattern (“an electrode layer is sputter coated from the flex circuit to the rear or proximal side of the PZT sheet 276 to provide an electrical contact to the PZT material” [0057]; also see [0058]);
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a battery electrically coupled to the transducer assembly (“A rigid housing 260 is secured behind the patient pad 250 and contains the battery, electronics and speaker etc. that generate the ultrasound signals, detect a Doppler shift in a vessel and produce an output indicative of the Doppler shift as well as transmit the signal data to a remote device.” [0051]); and
a user interface communicatively coupled with the ultrasound probe via one or more wireless networks, the user interface comprising a display device and a user input device (“the processor of the ultrasound patch transmits the Doppler measurements to a remote computer [user interface] over a wired or wireless link to a computer that stores the relationship data.” [0093]; examiner notes that a computer comprises a display device and a user input device),
wherein the main circuit board assembly is configured to acquire image data corresponding to a subject and to process the image data to generate one or more datasets corresponding to the subject (“multiple Doppler amplitude or Doppler power readings for blood flowing in the jugular (reverse flow) and carotid (forward flow) are computed and stored by a processor over a cardiac cycle. Variations of more than 1.0 over a cardiac cycle may signal an increased risk for high CUP [...] A processor is programmed to analyze the variations in the Doppler amplitude or Doppler power over the cardiac cycle and compare against data from studies relating the Doppler amplitude and Doppler power variations to CUP.” [0093]).
Regarding claim 18, Eibl further discloses wherein the electrode pattern is a first electrode of the transducer assembly (“a rear surface of the printed circuit board 20 shown in FIG. 1A. The rear surface includes a pair of signal electrodes 32a, 32b surrounding each of the back sides of the slots and the openings 24a, 24b. In this embodiment, the signal electrodes 32a, 32b are not electrically connected to each other so that the transducer elements on the front surface of the printed circuit board can be driven separately. The rear surface of the printed circuit board also includes a pair of ground electrodes 34a, 34b. In one embodiment, these ground electrodes 34a, 34b on the back side of the printed circuit board are electrically coupled to the ground electrodes 26 on the front surface of the printed circuit board through the vias 30a, 30b or another conductive path.” [0037]).
Regarding claim 19, Eibl further discloses wherein the electrode pattern further comprises one of a second electrode and a ground return connection of the transducer assembly (“a rear surface of the printed circuit board 20 shown in FIG. 1A. The rear surface includes a pair of signal electrodes 32a, 32b surrounding each of the back sides of the slots and the openings 24a, 24b. In this embodiment, the signal electrodes 32a, 32b are not electrically connected to each other so that the transducer elements on the front surface of the printed circuit board can be driven separately. The rear surface of the printed circuit board also includes a pair of ground electrodes 34a, 34b. In one embodiment, these ground electrodes 34a, 34b on the back side of the printed circuit board are electrically coupled to the ground electrodes 26 on the front surface of the printed circuit board through the vias 30a, 30b or another conductive path.” [0037]).
Regarding claim 20, Eibl further discloses wherein the piezoelectric transducer comprises a piezoelectric crystal body conductively coupled to the main circuit board assembly via the flex circuit without a detachable connector (see PZT [piezoelectric crystal body] sheet 276 conductively coupled to PCB layer 282 via the flex circuit layer 280 without a detachable connector in Fig. 6D and corresponding description).
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Eibl as applied to claims 10 and 16, respectively, above and further in view of Eibl et al. (US 2022/0000447, January 6, 2022, hereinafter “Eibl ‘447”) and Maciá Barber et al. (US 2024/0307033, filed March 15, 2023, hereinafter “Macia”).
Regarding claim 11, Eibl discloses the limitations of claims 10 and 16, respectively, as stated above. Although Eibl discloses the housing as stated above, Eibl fails to disclose wherein the housing is a layered construction comprising one or more of a plastic case exterior, a metal shield, an acoustic insulator, and phase change chamber.
However, Eibl ‘447 teaches, in the same field of endeavor, wherein the housing is a layered construction comprising one or more of a plastic case exterior, a metal shield, an acoustic insulator, and phase change chamber (“The two-piece shell of the ultrasound patch assembly 10 can be formed of a plastic or elastomeric material (e.g., silicone, powder-loaded silicone, etc.) that provides a relatively good acoustic match to the tissue to be examined.” [0086]).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Eibl with wherein the housing is a layered construction comprising one or more of a plastic case exterior, a metal shield, an acoustic insulator, and phase change chamber as taught by Eibl ‘447 in order to provide a housing with a “relatively good acoustic match to the tissue to be examined” ([0086] of Eibl ‘447).
Further, Eibl discloses a bottom shielding layer of the printed circuit board (“a common ground electrode 26 made of a conductive material such as gold, copper or aluminum [...] The rear surface of the printed circuit board also includes a pair of ground electrodes 34a, 34b” [0036]-[0037]). Eibl fails to disclose wherein the battery is arranged below a bottom shielding layer of the printed circuit board, with nothing in between, and above the piezoelectric transducer with the flex circuit therebetween.
However, Macia teaches, in the same field of endeavor, wherein the battery is arranged below the printed circuit board, with nothing in between (“the one or more batteries 721 on a first side of the printed circuit board (PCB) 707 and a second semiconductor chip 903 on a second side of the printed circuit board (PCB) 707 opposite from the first side according to one or more aspects of the discloses subject matter” [0077]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the battery to be arranged below a bottom shielding layer of the printed circuit board, with nothing in between, and above the piezoelectric transducer with the flex circuit therebetween, since it has been held that rearranging parts of an invention involves only routine skill in the art. see MPEP 2144.04 VI.C.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Eibl as applied to claim 16 above and further in view of Eibl et al. (US 2022/0000447, January 6, 2022, hereinafter “Eibl ‘447”).
Regarding claim 17, Eibl discloses the limitations of claim 16as stated above. Although Eibl discloses the housing as stated above, Eibl fails to disclose wherein the housing is a layered construction comprising one or more of a plastic case exterior, a metal shield, an acoustic insulator, and phase change chamber.
However, Eibl ‘447 teaches, in the same field of endeavor, wherein the housing is a layered construction comprising one or more of a plastic case exterior, a metal shield, an acoustic insulator, and phase change chamber (“The two-piece shell of the ultrasound patch assembly 10 can be formed of a plastic or elastomeric material (e.g., silicone, powder-loaded silicone, etc.) that provides a relatively good acoustic match to the tissue to be examined.” [0086]).
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the invention of Eibl with wherein the housing is a layered construction comprising one or more of a plastic case exterior, a metal shield, an acoustic insulator, and phase change chamber as taught by Eibl ‘447 in order to provide a housing with a “relatively good acoustic match to the tissue to be examined” ([0086] of Eibl ‘447).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMINAH ASGHAR whose telephone number is (571)272-0527. The examiner can normally be reached M-W, F 9am-5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.A./Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
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