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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/17/25 has been entered.
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.
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: “local storage unit” in claims 1, 3, 4, 6, and 7.
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.
Para 0025 teaches the “local storage unit” is a semiconductor memory or hard disk.
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 § 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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Publication No. 2021/0153808 to Tada et al.; in view of U. S. Publication No. 2020/0281542 to Irish et al. and further in view of U. S. Publication No. 2009/0209859 to Tsujita et al.
Regarding Claim 1, 7, and 13, Tada teaches an ultrasound diagnostic apparatus and method comprising: an acquisition section configured to acquire download a data group from a server and store the downloaded data group in a local storage unit in a current ultrasound examination; a controller configured to display, during execution of a multi-image display mode in the current ultrasound examination, a real-time ultrasound image generated through transmission and reception of an ultrasound wave and the real-time ultrasound image being a real-time tomographic image representing a tissue on a beam scanning plane formed within the body of the same specific subject (figs. 6 and 20 and para 083-084 and 0105); subject, from the local storage unit at or after an end of the multi-image display mode (para 0083, 084 and 0105 teaches ultrasonic tomographic images of the subject).
Tada teaches all of the above claimed limitations but does not expressly teach a server for previous images of the subject and a deletion section configured to automatically delete data satisfying a deletion condition within the downloaded data group stored in the local storage unit.
Irish teaches a DICOM server for previous images of the subject and a deletion section configured to delete data satisfying a deletion condition within the downloaded data group stored in the local storage unit (para 0095; fig.1 and para 086 and 089 teaches deleting images).
It would be obvious to one of ordinary skill in the art at the time of filing to modify Tada with a DICOM server for previous images of the subject as taught by Irish, since such a setup would result in easy access to patient data for the doctor to view changes and analysis.
Tada and Irish teaches all of the above claimed limiations but does not expressly teach that the automatic deletion, comprises deletion without user operation.
Tsujita teaches automatic deletion, when a condition is met (para 0072 teaches automatic deletion of ultrasonic image data).
It would be obvious to one of ordinary skill in the art at the time of filing to modify Tada and Irish with automatic deletion without user operation as taught by Tsujita, since such a setup would result in saving space in the storage unit, as unnecessary data is automatically purged.
Regarding Claim 2 and 8, Tada teaches that downloaded data group includes volume data obtained from within the body of the specific subject, the real-time ultrasound image is a real-time tomographic image representing a tissue on a beam scanning plane formed within the body of the specific subject, and cross-section data corresponding to the beam scanning plane is extracted from volume data serving as the selected data, and the reference image is generated and displayed based on the cross-section data, during the execution of the multi-image display mode (para 0083, 084 and 0105 teaches ultrasonic tomographic images of the subject).
Regarding Claim 3-6 and 9-12, Irish teaches to delete the data satisfying the deletion condition from the local storage unit at the end of the multi-image display mode; and delete data remaining within the downloaded data group stored in the local storage unit at an end of the current ultrasound examination including a step of executing the multi-image display mode (fig.1 and para 086 and 089 teaches deleting images).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 have been considered but are moot in view of new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY CATTUNGAL whose telephone number is (571)272-1306. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached on 571-270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3798