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 Rejections - 35 USC § 112
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.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The remarks dated 1/20/2026 explain that support for the amended claims may be found in at least paras. 0029 and 0038.. Furthermore, combining sequences (i.e., appending in time) is broader than linearly summing sequences as was described in more detail in the specification. Dependent claims are rejected for failing to remedy the same issue.
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 1-27 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Bachelor (US 2005/0007882 A1).
Regarding claims 1, 15, and 27, Bachelor discloses a method and systems for acoustic evaluation of a target using an array of electro-acoustic transducers, the method comprising:
generating pulses for transmission [[0003] acoustic transducers involve phased or time-delayed acoustic pulses] by respective ones of a plurality of electro-acoustic transducers in a transducer array to contemporaneously [[0026] two or more imaging fields can either be activated simultaneously, or one at a time when only one field of view is required] establish respective acoustic beams corresponding to at least two different acoustic beam steering directions for an acquisition [[abstract] acoustic arrays transmitting and/or receiving multiple, angularly dispersed acoustic beams are used to generate 2D and 3D images], the pulses comprising at least a combined first and second sequence having pulses with a first polarity [[0070] one method of combining these signals through TR switches 66 is to amplify and digitize all four channels, and then combine them digitally.; [0072] one way to perform the 180° phasing at the array is by connecting the 180° and 0° elements and the 90° and 270° degree elements, but with the connections made to opposite polarity electrodes to reverse the polarity between those pairs of elements. Another way to achieve the 180° phasing is to-use transformers.], the first sequence corresponding to a first beam steering direction [[0042] overlapping, wide field of view], and the second sequence having pulses with a second polarity opposite the first polarity [[0026] driving them with a 180° phase shift or with a +/- polarity], the second sequence corresponding to a second beam steering direction [[abstract] multiple imaging fields of view may generated in different directions by switching the polarity of phase-shifted array transducer elements; [prior art claim 6] polarity, the phase shifts, or interconnections of at least a portion of the elements to select an active frequency-steered field of view.]; and
in response to transmission of the pulses [[0052] may be operated in a transmit and/or receive mode], receiving respective acoustic echo signals and aggregating the received acoustic echo signals to form an image of a region of interest on or within the target [[0070] receive system 80 accepts the 0°, 90°, 180°, and 270° phase-shifted return signals and combines them to form a single receive signal; [0074] received acoustic pulses are decomposed, in time and frequency domains, to extract information in angular and down-range directions and generate useful images].
(claim 15 additionally recites an ultrasonic inspection system for acoustic evaluation of a target, the system comprising: an analog front end comprising transmit and receive circuitry coupled to a plurality of electro-acoustic transducer elements; a processor circuit communicatively coupled with the analog front end; and a memory circuit comprising instructions that, when executed by the processor circuit [[0018]] electronics structure may be provided integrally with the acoustic transducer elements or separately from but electrically connected to the array elements. This structure may be implemented in analog or digital form and in conjunction with analog or digital components to provide array shading, fixed or variable phase shifting or time delay, switching interconnections between electronics channels and element sets, signal amplification, or other functions; [0095] processor or display system such as a computer)
(claim 27 appears to be a similar system as compared with the system of claim 1 and is therefore rejected for the same reasons).
Regarding claim 2, Bachelor teaches the method of claim 1, wherein generating the pulses includes generating respective sequences for different ones of the plurality of electro-acoustic transducers including suppressing generation of pulses for a central element or aperture defined by the transducer array [[0020] curvilinear arrays may be operated as “shaded” or “unshaded” arrays. In a “shaded” array, a reduction in signal amplitude is applied moving from the center toward the outer elements of the array. Shading has the effect of reducing side lobe levels in the array's beam pattern].
Regarding claims 3 and 16, Bachelor teaches the method of claim 1 and system of claim 15, wherein the first sequence and the second sequence define respective pulse sequences for different ones of the plurality of electro-acoustic transducers, the respective pulse sequences comprising a sum of contributions from the first sequence and the second sequence corresponding to a respective one of the plurality of electro-acoustic transducers [[0066] receive system 50 also comprises a 180° adder 58 which operates as a phase shifter and differential summer for received signals. This system provides phase shifting of the array elements in both transmit and receive modes and can be implemented to common mode interference signals; [0067] In addition, because the 90° phase shifting controls the suppression of the ambiguous symmetric lobes, the polarity of the 90° phasing can be changed to switch between suppressing the symmetric lobes on the either side of the perpendicular; [0070] receive system 80 accepts the 0°, 90°, 180°, and 270° phase-shifted return signals and combines them to form a single receive signal.].
Regarding claims 4 and 17, Bachelor teaches the method of claim 1 and the system of claim 15, wherein the array comprises a one-dimensional array [[abstract] acoustic arrays may be provided in one-dimensional linear and two dimensional planar and curvilinear configurations].
Regarding claim 5, Bachelor teaches the method of claim 4, wherein the array comprises a linear array [[abstract] acoustic arrays may be provided in one-dimensional linear and two dimensional planar and curvilinear configurations].
Regarding claims 6 and 18, Bachelor teaches the method of claim 4 and system of claim 15, wherein an amplitude of a pulse within each respective pulse sequence is at most a single unit-amplitude [[0020] “shaded” array, a reduction in signal amplitude is applied moving from the center toward the outer elements of the array. Shading has the effect of reducing side lobe levels in the array's beam pattern].
Regarding claims 7 and 19, Bachelor teaches the method of claim 1 and the system of claim 15, wherein the array comprises a two-dimensional array [[abstract] acoustic arrays may be provided in one-dimensional linear and two dimensional planar and curvilinear configurations].
Regarding claims 8 and 20, Bachelor teaches the method of claim 7 and the system of claim 15, wherein generating pulses for transmission by respective ones of the plurality of electro-acoustic transducers in the two-dimensional array comprises contemporaneously establishing respective acoustic beams corresponding to multiple acoustic beam directions for the acquisition [[0003] forming and steering beams produced by an array of acoustic transducers], the acoustic beams extending at least in part radially in a semi-circular or circular arrangement about a central axis of the two-dimensional array [[0017] two dimensional “planar” arrays in which multiple rows and columns of elements are provided in a generally flat arrangement having a variety of configurations, such as circular, oval, square, rectangular and other polygonal configurations, may also be used. Two dimensional curvilinear arrays having multiple rows and/or columns of elements arranged in cylindrical, partially cylindrical, conical, partially conical and other curved configurations, are also employed in the methods and systems of the present invention].
Regarding claims 9 and 21, Bachelor teaches the method of claim 8 and the system of claim 15, wherein the first and second sequences correspond to adjacent acoustic beams in the semi-circular or circular arrangement about the central axis of the two-dimensional array [[0021] figs. 3A-D show the horizontal beam patterns produced using the different order “periodic” arrays having equivalent spacing or phasing between adjacent elements.; [0022] optionally selectable phase shifts between adjacent array elements].
Regarding claims 10 and 22, Bachelor teaches the method of claim 1 and the system of claim 15, wherein any amplitude of a pulse within each respective pulse sequence comprises a half unit-amplitude, a whole unit-amplitude, or zero amplitude [[0020]].
Regarding claims 11 and 23, Bachelor teaches the method of claim 1 and the system of claim 15, wherein amplitudes of respective pulses within each respective pulse sequence are established using a count of levels that are fewer than a count of pulses in the sequence [instant spec. para. 0008 explains that "alternating" polarities can result in reduction or cancelation of pulse amplitudes in a manner that relaxes a count of required amplitude levels or a dynamic range of a transmit driver, or both. … facilitate use of simpler drive circuitry versus other approaches because the pulse amplitudes are lower by comparison, and fewer amplitude levels can be used.; [0021] employing both alternating polarity phasing and element rotation. As shown in FIG. 3B, the alternating polarity phasing suppresses the broadside lobe at 0°; [0093] an array element 100 is divided into a plurality of sub elements 101-106 (six shown) that are wired alternately, with a first set of interleaved sub elements 101, 103, 105 wired together and combined to provide the nth element of the order “B” array and a second set of interleaved elements 102, 104, 105 wired together and combined to provide an nth element of the order “A” array].
Regarding claims 12 and 24, Bachelor teaches the method of claim 1 and the system of claim 15, wherein generating the pulses for transmission includes suppressing formation of a sidelobe or beam in a direction normal to a surface of the target [[0019] A “two-way beam pattern advantage” is realized when acoustic signals are transmitted and received on identical, collocated arrays. In this situation, the beam width is reduced to provide better resolution and the side lobes are reduced to provide reduced interference levels.; [0020] Shading has the effect of reducing side lobe levels in the array's beam pattern.].
Regarding claims 13 and 25, Bachelor teaches the method of claim 1 and the system of claim 15, wherein the first sequence and the second sequence are included as a first transmit set defining first beam group corresponding to a first acquisition; and wherein the method comprises generating respective sequences comprising a second transmit set defining a different second beam group corresponding to a second acquisition [[abstract] multiple frequency-steered arrays arranged in an X-configuration provide a wide, contiguous field of view and multiple frequency steered arrays arranged in a T-configuration provide orthogonally oriented fields of view.].
Regarding claims 14 and 26, Bachelor teaches the method of claim 13 and the system of claim 25, wherein the second beam group defines beam directions located in gaps between respective beam directions of the first beam group [[fig. 8a] FIG. 8A illustrates the use of interleaved subelements within each individual array element. In this embodiment, an array element 100 is divided into a plurality of subelements 101-106 (six shown) that are wired alternately, with a first set of interleaved subelements 101, 103, 105 wired together and combined to provide the nth element of the order “B” array and a second set of interleaved elements 102, 104, 105 wired together and combined to provide an nth element of the order “A” array].
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive. As best the Examiner can tell, the amendment is not fully supported by the written specification despite assertions made in the remarks dated 1/20/2026. In any case, the broadest reasonable interpretation of the instant limitations involves a pulse have a first polarity followed by a pulse having a second polarity opposite the first polarity. Bachelor shows an illustrative example of setting acoustic beam directions, with respective pulse profile polarities indicated by “+” or “−” symbols which direct the beams [[fig. 5b][0021]].
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 JONATHAN D ARMSTRONG whose telephone number is (571)270-7339. The examiner can normally be reached M - F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Isam Alsomiri can be reached at 571-272-6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN D ARMSTRONG/ Examiner, Art Unit 3645