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 .
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
“control means” in claims 17-20, described in the specification as a processor (Para [0101]).
“attachment means” in claim 21, described in the specification as straps (Para [0053]).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-15, and 17-22 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Rothberg et al. (US 2019/0069842 A1) (hereinafter Rothberg).
Regarding claim 1, Rothberg teaches an apparatus comprising: an ultrasonic receiver system [ultrasound transducers in ultrasound-on-a-chip device 110] (Para [0055]); a user interface system [display screen 122] (Para [0122]); and
a control system [processing circuitry] configured to: receive ultrasonic data from the ultrasonic receiver system [ultrasound data collected] (Para [0128]);
detect, based at least in part on the ultrasonic sensor data, one or more imperfections in, on, or proximate an adhesive ultrasonic coupling layer on an outer surface of the apparatus [determine whether the collected ultrasound data show signs that coupling strip is conforming poorly to the user’s wrist] (Para [0123, 0128]); and
control the user interface system to provide a prompt to adjust or replace the adhesive ultrasonic coupling layer responsive to detecting the one or more imperfections in, on, or proximate the adhesive ultrasonic coupling layer [notification to replace or refresh coupling strip; displayed on display screen 122] (Para [0124]).
Regarding claim 2, Rothberg as applied to claim 1 above teaches the claimed invention, in addition to wherein the user interface system includes a display and wherein the control system is configured to control the display to provide at least a part of the prompt [displayed on display screen 122] (Para [0124]).
Regarding claim 3, Rothberg as applied to claim 1 above teaches the claimed invention, in addition to wherein the control system is configured to detect one or more air bubbles or contaminants between the adhesive ultrasonic coupling layer and the outer surface of the apparatus [processing circuitry configured to analyze collected data and determine whether the collected data shows signs (e.g. decreased quality of images) that the coupling strip is conforming poorly to the user’s wrist; contaminants would affect quality of images] (Para [0097, 0123]).
Regarding claim 4, Rothberg as applied to claim 1 above teaches the claimed invention, in addition to wherein the control system is configured to detect one or more instances of damage to the adhesive ultrasonic coupling layer [determining whether a current amount of liquid or gel associated with the coupling strip is below a threshold amount] (Para [0097, 0123]).
Regarding claim 6, Rothberg as applied to claim 1 above teaches the claimed invention, in addition to wherein the control system is further configured to: receive, via the ultrasonic receiver system, first ultrasonic sensor data form a target object when the apparatus is in a first position relative to the target object; control the user interface system to provide a prompt to rotate or translate the apparatus to a second position relative to the target object; receive, via the ultrasonic receiver system, second ultrasonic sensor data from the target object when the apparatus is in the second position [display screen 122 may display instructions for guiding the user to position the ultrasound module 104 at the desired location while the user is moving his or her wrist] (Para [0084]); and
determine, based at least in part on one or more differences between the first and second ultrasonic sensor data, whether there are one or more imperfects in, on, or proximate the adhesive ultrasonic layer [ultrasound image generated based on collected ultrasound data while the user is holding the ultrasound module 104 at desired location; determine whether the collected data shows signs (e.g. decreased quality of images) that the coupling strip is conforming poorly to the user’s wrist] (Para [0084, 0097, 0123]).
Regarding claim 7, Rothberg as applied to claim 6 above teaches the claimed invention, in addition to wherein the target object is a wrist, a digit, or a test pattern [wrist] (see Fig. 2).
Regarding claim 8, Rothberg as applied to claim 1 above teaches the claimed invention, in addition to further comprising an attachment system configured for attaching the apparatus to a user’s body, wherein the attachment system includes one or more attachment devices [wristband] (Para [0068], see Fig. 2).
Regarding claim 9, Rothberg as applied to claim 8 above teaches the claimed invention, in addition to wherein the attachment system comprises a strap configured for attaching the apparatus to the user’s wrist or upper arm (Para [0068], see Fig. 2).
Regarding claim 10, Rothberg as applied to claim 1 above teaches the claimed invention, in addition to wherein the control system is further configured to determine, based at least in part on the ultrasonic sensor data, whether the adhesive ultrasonic coupling layer is properly attached to the outer surface of the apparatus [determine whether the collected ultrasound data show signs that coupling strip is conforming poorly to the user’s wrist] (Para [0123, 0128]); and control the user interface system to provide a prompt to adjust or replace the adhesive ultrasonic coupling layer responsive to determine that the adhesive ultrasonic coupling layer is not properly attached to the outer surface of the apparatus [notification to replace or refresh coupling strip; displayed on display screen 122] (Para [0124]).
Regarding claim 11, Rothberg as applied to claim 1 above teaches the claimed invention, in addition to wherein the ultrasonic receiver system is a component of an ultrasonic sensor system or a photoacoustic sensor system [ultrasound transducers in ultrasound-on-a-chip device 110] (Para [0055]).
Regarding claim 12, Rothberg teaches a method of controlling an apparatus that includes an ultrasonic receiver system [ultrasound transducers in ultrasound-on-a-chip device 110] (Para [0055]), the method comprising:
receiving, by a control system [processing circuitry], ultrasonic data from the ultrasonic receiver system [ultrasound data collected] (Para [0128]);
detecting, by the control system and based at least in part on the ultrasonic sensor data, one or more imperfections in, on, or proximate an adhesive ultrasonic coupling layer on an outer surface of the apparatus [determine whether the collected ultrasound data show signs that coupling strip is conforming poorly to the user’s wrist] (Para [0123, 0128]); and
controlling, by the control system, a user interface system to provide a prompt to adjust or replace the adhesive ultrasonic coupling layer responsive to detecting the one or more imperfections in, on, or proximate the adhesive ultrasonic coupling layer [notification to replace or refresh coupling strip; displayed on display screen 122] (Para [0124]).
Regarding claim 13, Rothberg as applied to claim 12 above teaches the claimed invention, in addition to wherein the user interface system includes a display and wherein the method involves controlling the display to provide at least a part of the prompt [displayed on display screen 122] (Para [0124]).
Regarding claim 14, Rothberg as applied to claim 12 above teaches the claimed invention, in addition to wherein the method involves detecting one or more air bubbles or contaminants between the adhesive ultrasonic coupling layer and the outer surface of the apparatus [analyze collected data and determine whether the collected data shows signs (e.g. decreased quality of images) that the coupling strip is conforming poorly to the user’s wrist; contaminants would affect quality of images] (Para [0097, 0123]).
Regarding claim 15, Rothberg as applied to claim 12 above teaches the claimed invention, in addition to wherein the method involves detecting one or more instances of damage to the adhesive ultrasonic coupling layer [determining whether a current amount of liquid or gel associated with the coupling strip is below a threshold amount] (Para [0097, 0123]).
Regarding claim 17, Rothberg teaches an apparatus, comprising: an ultrasonic receiver system [ultrasound transducers in ultrasound-on-a-chip device 110] (Para [0055]); a user interface system [display screen 122] (Para [0122]); and
control means [processing circuitry] configured for: receiving ultrasonic data from the ultrasonic receiver system [ultrasound data collected] (Para [0128]);
determining, based at least in part on the ultrasonic sensor data, whether the adhesive ultrasonic coupling layer is properly attached to the outer surface of the apparatus [determine whether the collected ultrasound data show signs that coupling strip is conforming poorly to the user’s wrist] (Para [0123, 0128]); and
controlling the user interface system to provide a prompt to adjust or replace the adhesive ultrasonic coupling layer responsive to determining that the adhesive ultrasonic coupling layer is not properly attached to the outer surface of the apparatus [notification to replace or refresh coupling strip; displayed on display screen 122] (Para [0124]).
Regarding claim 18, Rothberg as applied to claim 17 above teaches the claimed invention, in addition to wherein the control means includes means for: detecting, based at least in part on the ultrasonic sensor data, one or more imperfections in, on, or proximate an adhesive ultrasonic coupling layer on an outer surface of the apparatus [determine whether the collected ultrasound data show signs that coupling strip is conforming poorly to the user’s wrist] (Para [0123, 0128]); and controlling the user interface system to provide a prompt to adjust or replace the adhesive ultrasonic coupling layer responsive to detecting the one or more imperfections in, on, or proximate the adhesive ultrasonic coupling layer [notification to replace or refresh coupling strip; displayed on display screen 122] (Para [0124]).
Regarding claim 19, Rothberg as applied to claim 17 above teaches the claimed invention, in addition to wherein the control means includes means for detecting one or more air bubbles or contaminants between the adhesive ultrasonic coupling layer and the outer surface of the apparatus [processing circuitry configured to analyze collected data and determine whether the collected data shows signs (e.g. decreased quality of images) that the coupling strip is conforming poorly to the user’s wrist; contaminants would affect quality of images] (Para [0097, 0123]).
Regarding claim 20, Rothberg as applied to claim 17 above teaches the claimed invention, in addition to wherein the control means includes means for detecting one or more instances of damage to the adhesive ultrasonic coupling layer [determining whether a current amount of liquid or gel associated with the coupling strip is below a threshold amount] (Para [0097, 0123]).
Regarding claim 21, Rothberg as applied to claim 17 above teaches the claimed invention, in addition to further comprising attachment means for attaching the apparatus to a user’s body [wristband] (Para [0068], see Fig. 2).
Regarding claim 22, Rothberg as applied to claim 17 above teaches the claimed invention, in addition to wherein the ultrasonic receiver system is a component of an ultrasonic sensor system or a photoacoustic sensor system [ultrasound transducers in ultrasound-on-a-chip device 110] (Para [0055]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Rothberg, as applied to claims 1 and 12 above, and further in view of Strohmann et al. (US 2018/0276439 A1) (hereinafter Strohmann).
Regarding claims 5 and 16, Rothberg as applied to claims 1 and 12above teaches the claimed invention, except for wherein the control system/method is further configured to control the ultrasonic receiver to receive ultrasonic waves using a range gate delay and a range gate window that correspond with ultrasonic waves from the adhesive ultrasonic coupling layer; and detect the one or more imperfections according to the ultrasonic waves. Strohmann teaches an ultrasonic receiver system configured to receive ultrasonic waves using a range gate delay and a range gate window for receiving ultrasonic waves reflected from different depths (Para [0172], see Fig. 21). It would have been obvious to a person having ordinary skill in the art at the time of the filing of the invention to modify Rothberg with Strohmann such that the control system is further configured to control the ultrasonic receiver to receive ultrasonic waves using a range gate delay and a range gate window that correspond with ultrasonic waves from the adhesive ultrasonic coupling layer; and detect the one or more imperfections according to the ultrasonic waves, such to detect imperfections in the adhesive ultrasonic coupling layer through a 3D image.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Z HUANG whose telephone number is (571)270-5360. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/DAVID Z HUANG/ Primary Examiner, Art Unit 2855