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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, the claim recites the limitation "the modelled shape". There is insufficient antecedent basis for this limitation in the claim. Neither claim 7, nor claim 1 (from which claim 7 depends), recites “ a modelled shape”, so it is unclear whether the modelled shape corresponds to the object to be imaged, or to the shape of the flexible sheet. Therefore claim 7 is unclear and thus indefinite. It is the examiner’s interpretation that “the modelled shape” corresponds to a modelled shape of the flexible sheet.
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.
(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, 2, 4, 8, 14, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun et al. (US 20150078136 A1, “Sun”).
Regarding claim 1, Sun an acoustic system for measuring an object having a curved surface ([0023] a conforming of array (102) to a contour or shape of a structure subject to inspection (NDE) may be provided via an adjustment of pressure behind the array), the system comprising: a flexible sheet configured to wrap at least partially around the curved surface of the object, the flexible sheet comprising a plurality of acoustic transducers distributed over a sheet surface of the flexible sheet for acoustically contacting the curved surface of the object from different sides (Fig. 1 (102) illustrates piezoelectric composite array being disposed within a sheet (104) of elastomeric filling & backing layer)([0016], transducer may be configured to achieve surface conformability via the structurally compliant composite matrix, elastomeric backing, and non-constraining connecting wire configuration), wherein ones of the acoustic transducers are configured to generate and/or measure acoustic waves at variable locations relative to other ones of the acoustic transducers, wherein spatial coordinates of the variable locations in three dimensional space are dependent on a deformation of the sheet surface positioned against the curved surface of the object; and a controller configured to determine the spatial coordinates of the ones of the acoustic transducers, while the flexible sheet is positioned against the curved surface of the object, based on a set of travel times of the acoustic waves sent through the object ([0021] each array element is coupled to controller. Information or data may be supplied via the flex circuit to the controller)([0024]-[0027], automatic spatial scanning and depth focusing for each sensor or sensing elements may be determined and updated as the transducer scans the surface. Determining conformed positions of the array is executed by identifying neutral positions of sensing elements and positions from which the array is deformed. Each sensing element generates an acoustic pulse which is then received by the array. comparison of the arrival times for received signals at each element determines the amount of deformation or displacement of a given element with respect to the neutral position of said element).
Regarding claim 2, Sun discloses the acoustic system according to claim 1. Sun further discloses the set of travel times includes travel times of the acoustic waves sent through the object between different ones of the acoustic transducers of the plurality of acoustic transducers distributed over the sheet surface acoustically contacting the curved surface of the object at different spatial positions of the curved surface of the object([0024]-[0027], automatic spatial scanning and depth focusing for each sensor or sensing elements may be determined and updated as the transducer scans the surface. Determining conformed positions of the array is executed by identifying neutral positions of sensing elements and positions from which the array is deformed. Each sensing element generates an acoustic pulse which is then received by the array. comparison of the arrival times for received signals at each element determines the amount of deformation or displacement of a given element with respect to the neutral position of said element).
Regarding claim 4, Sun discloses the acoustic system according to claim 1. Sun further discloses each one of the acoustic transducers has a set of predetermined surface coordinates and/or predetermined surface distances there between along the sheet surface, and wherein the controller is configured to determine the spatial coordinates of the ones of the acoustic transducers further based on the predetermined surface coordinates and/or predetermined surface distances([0021] each array element is coupled to controller. Information or data may be supplied via the flex circuit to the controller)([0024]-[0027], automatic spatial scanning and depth focusing for each sensor or sensing elements may be determined and updated as the transducer scans the surface. Determining conformed positions of the array is executed by identifying neutral positions of sensing elements and positions from which the array is deformed. Each sensing element generates an acoustic pulse which is then received by the array. comparison of the arrival times for received signals at each element determines the amount of deformation or displacement of a given element with respect to the neutral position of said element).
Regarding claim 8, Sun discloses the acoustic system according to claim 1. Sun further discloses the controller is configured to determine a set of current spatial coordinates of the acoustic transducers by adjusting a set of predetermined spatial coordinates of the acoustic transducers in accordance with the set of travel times([0021] each array element is coupled to controller. Information or data may be supplied via the flex circuit to the controller)([0024]-[0027], automatic spatial scanning and depth focusing for each sensor or sensing elements may be determined and updated as the transducer scans the surface. Determining conformed positions of the array is executed by identifying neutral positions of sensing elements and positions from which the array is deformed. Each sensing element generates an acoustic pulse which is then received by the array. comparison of the arrival times for received signals at each element determines the amount of deformation or displacement of a given element with respect to the neutral position of said element)(it is the examiner’s interpretation that Sun determines current spatial coordinates of sensing elements by measuring a displacement of the sensing elements when compared to their neutral coordinates, which are determined based on travel time measurements).
Regarding claim 14, the claim is a method claim corresponding to claim 1 and is therefore rejected for the same reasons.
Regarding claim 15, the claim is a CRM claim corresponding to claim 1 and is therefore rejected for the same reasons.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Tsutsumi (US 20190054324 A1, “Tsutsumi”).
Regarding claim 3, Sun discloses the acoustic system according to claim 1. Sun may not explicitly disclose the controller is configured to generate an image of the object using the plurality of acoustic transducers, wherein the image is generated based on acoustic waves generated and/or measured by ones of the acoustic transducers, and relative spatial coordinates of the ones of the acoustic transducers determined based on the set of travel times.
Tsutsumi teaches the controller is configured to generate an image of the object using the plurality of acoustic transducers, wherein the image is generated based on acoustic waves generated and/or measured by ones of the acoustic transducers, and relative spatial coordinates of the ones of the acoustic transducers determined based on the set of travel times([0034], plurality of transducers sense direct or reflected waves emitted from other transducers in order to generate three-dimensional images of the target).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic imaging, before the effective filing date of the claimed invention, to modify the system of Sun, to include the image generation of Tsutsumi with a reasonable expectation of success, with the motivation of generating three dimensional imagery of a target object [0034].
Regarding claim 7, Sun discloses the acoustic system according to claim 1. Sun may not explicitly disclose the controller is configured to calculate the modelled shape based on a predetermined parameterized shape according to an analytical function defined by a set of variable scaling parameters and/or coordinates.
Tsutsumi teaches the controller is configured to calculate the modelled shape based on a predetermined parameterized shape according to an analytical function defined by a set of variable scaling parameters and/or coordinates ([0047]-[0048], reflection point calculation unit calculates reflection point position information based on position information of transducers and orientation of transducers. Contact surface calculation unit then calculates the contact surface shape information based on the reflection point position information).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic imaging, before the effective filing date of the claimed invention, to modify the system of Sun, to include the shape determination of Tsutsumi with a reasonable expectation of success, with the motivation of accurately determining the time required for each ultrasonic wave emitted from a respective transducer to reach the focal point of the target to be imaged [0039].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Balomey (US 6424597 B1, “Balomey”).
Regarding claim 6, Sun discloses the acoustic system according to claim 1. Sun may not explicitly disclose the flexible sheet is stretchable, and thus allows allowing a variable surface distance between ones of the acoustic transducers along the sheet surface, and wherein ones of the acoustic transducers are further configured to generate and/or measure guided waves traveling inside and/or along the sheet surface for determining the variable surface distance.
Balomey teaches the flexible sheet is stretchable, and thus allows allowing a variable surface distance between ones of the acoustic transducers along the sheet surface, and wherein ones of the acoustic transducers are further configured to generate and/or measure guided waves traveling inside and/or along the sheet surface for determining the variable surface distance ([column 4, lines 1-39], in order to determine positions of each of the ultrasound emitting elements, ultrasound emitters attached to the backings of the elements are designed to emit ultrasound signals in sequences, which are received by auxiliary ultrasound receivers fixed to the non-deformable part of the system. Positions of the emitters are then determined by measuring the distance between each emitter and receivers)(Fig. 4 illustrates ultrasonic emitters (16) and receivers (18), which show that the signals are generated inside the deformable housing (or sheet)).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic imaging, before the effective filing date of the claimed invention, to modify the system of Sun, to include the internal ultrasonic signal measurement of Balomey with a reasonable expectation of success, with the motivation of generating an appropriate focused beam for imaging an object based on applying particular delay laws generated in response to determining the positions of the ultrasound emitters [column 3, lines 35-43].
Claim(s) 5 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Sada et al. ("Preliminary study of self-shape estimation of ultrasonic flexible probe using direct waves among elements for medical ultrasound imaging." Japanese Journal of Applied Physics 59.SK (2020): SKKE25., “Sada”)
Regarding claim 5, Sun discloses the acoustic system according to claim 1. Sun may not explicitly disclose the controller is configured to determine a modelled shape of the sheet surface, wherein the modelled shape is calculated based on travel times between pairs of the acoustic transducers, wherein each one of the acoustic transducers transducer has a modelled position constrained to the sheet surface, and wherein ones of the modelled positions of ones of the acoustic transducers are further constrained by a set of predetermined surface coordinates of the ones of the acoustic transducers on the flexible sheet and/or surface distances there between along the sheet surface.
Sada teaches the controller is configured to determine a modelled shape of the sheet surface, wherein the modelled shape is calculated based on travel times between pairs of the acoustic transducers, wherein each one of the acoustic transducers transducer has a modelled position constrained to the sheet surface, and wherein ones of the modelled positions of ones of the acoustic transducers are further constrained by a set of predetermined surface coordinates of the ones of the acoustic transducers on the flexible sheet and/or surface distances there between along the sheet surface([pg. 3] shape estimation algorithm is used to determine position of each element by transmitting ultrasonic pulses by given elements and determining a first and second Euclidean distance. This process is repeated to determine a third Euclidean distance which is then input into a series of equations to determine each element’s respective coordinates. In order to determine accuracy, ground truth coordinates of each element were used in order to determine mean absolute error) (Implicit, Fig. 7, [pg. 8] probe shapes are estimated using the direct waves in different models)(Fig. 7a through 7d illustrate the estimated probe shape based on the spatial coordinates of the elements).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic imaging, before the effective filing date of the claimed invention, to modify the system of Sun, to include the shape modelling of Sada with a reasonable expectation of success, with the motivation of accurately determining the position of each element as part of a larger probe shape determination and verifying the accuracy of the determination based on ground truth measurements [pg. 3].
Regarding claim 10, Sun discloses the acoustic system according to claim 1. Sun may not explicitly disclose the controller is configured to determine the spatial coordinates of individual ones of the acoustic transducers, by comparing, for each pair of acoustic transducers of the acoustic transducers in at least a subset of the plurality of the acoustic transducers: a Euclidian distance between the pair of acoustic transducers based on a travel time of acoustic waves sent through the object between a first transducer and a second transducer of the pair of acoustic transducers, and a surface distance between the first transducer and the second transducer along the sheet surface based on predetermined information about relative or absolute positions of ones of the acoustic transducers.
Sada teaches the controller is configured to determine the spatial coordinates of individual ones of the acoustic transducers, by comparing, for each pair of acoustic transducers of the acoustic transducers in at least a subset of the plurality of the acoustic transducers: a Euclidian distance between the pair of acoustic transducers based on a travel time of acoustic waves sent through the object between a first transducer and a second transducer of the pair of acoustic transducers, and a surface distance between the first transducer and the second transducer along the sheet surface based on predetermined information about relative or absolute positions of ones of the acoustic transducers ([pg. 3] shape estimation algorithm is used to determine position of each element by transmitting ultrasonic pulses by given elements and determining a first and second Euclidean distance. This process is repeated to determine a third Euclidean distance which is then input into a series of equations to determine each element’s respective coordinates. In order to determine accuracy, ground truth coordinates of each element were used in order to determine mean absolute error).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic imaging, before the effective filing date of the claimed invention, to modify the system of Sun, to include the Euclidean distance calculation of Sada with a reasonable expectation of success, with the motivation of accurately determining the position of each element as part of a larger probe shape determination [pg. 3].
Regarding claim 11, Sun discloses the acoustic system according to claim 1. Sun may not explicitly disclose a degree of curvature of the sheet surface is determined based on the set of travel times between one or more pairs of the plurality of acoustic transducers, wherein a shape of the sheet surface is determined based on one or more degrees of curvature of the flexible sheet between respective pairs of the plurality of acoustic transducers, wherein the controller is configured to determine the spatial coordinates of ones of the plurality of acoustic transducers, by calculating a set of curvatures comparing respective Euclidian distance with respective surface distance for respective pairs of transducers in at least a subset of the plurality of transducers.
Sada teaches a degree of curvature of the sheet surface is determined based on the set of travel times between one or more pairs of the plurality of acoustic transducers, wherein a shape of the sheet surface is determined based on one or more degrees of curvature of the flexible sheet between respective pairs of the plurality of acoustic transducers, wherein the controller is configured to determine the spatial coordinates of ones of the plurality of acoustic transducers, by calculating a set of curvatures comparing respective Euclidian distance with respective surface distance for respective pairs of transducers in at least a subset of the plurality of transducers([pg. 3] shape estimation algorithm is used to determine position of each element by transmitting ultrasonic pulses by given elements and determining a first and second Euclidean distance. This process is repeated to determine a third Euclidean distance which is then input into a series of equations to determine each element’s respective coordinates. In order to determine accuracy, ground truth coordinates of each element were used in order to determine mean absolute error)(Implicit, Fig. 7, [pg. 8] probe shapes are estimated using the direct waves in different models. Fig. 7c and 7d illustrate the estimated probe shape having different degrees of curvature between the transducer elements)(it is the examiner’s interpretation that the shape estimation implicitly includes accounting for differing degrees of curvature between elements in determining the overall shape of the probe)
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic imaging, before the effective filing date of the claimed invention, to modify the system of Sun, to include the curvature determination of Sada with a reasonable expectation of success, with the motivation of accurately determining the position of each element as part of a larger probe shape determination [pg. 3][pg. 8].
Regarding claim 12, Sun discloses the acoustic system according to claim 1. Sun may not explicitly disclose the controller is configured to determine the spatial coordinates of ones of the plurality of acoustic transducers using a model of the sheet surface including respective positions of modelled transducers on the modelled sheet surface, wherein the model is used to calculate a set of modelled travel times between ones of the modelled acoustic transducers, wherein the modelled travel times are dependent on respective distances between modelled ones of the plurality of acoustic transducers, wherein the respective distances between the modelled ones of the acoustic transducers are dependent on respective positions of ones of the acoustic transducers on the modelled sheet surface and a variable shape of the modelled sheet surface, wherein the variable shape of the modelled sheet surface is adjusted to fit the modelled travel times with the measured set of travel times, and wherein the spatial coordinates of the ones of the acoustic transducers are determined based on the respective positions of the modelled transducers on the modelled sheet.
Sada teaches the controller is configured to determine the spatial coordinates of ones of the plurality of acoustic transducers using a model of the sheet surface including respective positions of modelled transducers on the modelled sheet surface, wherein the model is used to calculate a set of modelled travel times between ones of the modelled acoustic transducers, wherein the modelled travel times are dependent on respective distances between modelled ones of the plurality of acoustic transducers, wherein the respective distances between the modelled ones of the acoustic transducers are dependent on respective positions of ones of the acoustic transducers on the modelled sheet surface and a variable shape of the modelled sheet surface, wherein the variable shape of the modelled sheet surface is adjusted to fit the modelled travel times with the measured set of travel times, and wherein the spatial coordinates of the ones of the acoustic transducers are determined based on the respective positions of the modelled transducers on the modelled sheet([pg. 3] shape estimation algorithm is used to determine position of each element by transmitting ultrasonic pulses by given elements and determining a first and second Euclidean distance. This process is repeated to determine a third Euclidean distance which is then input into a series of equations to determine each element’s respective coordinates. In order to determine accuracy, ground truth coordinates of each element were used in order to determine mean absolute error)(Implicit, Fig. 7, [pg. 8] probe shapes are estimated using the direct waves in different models. Fig. 7c and 7d illustrate the estimated probe shape having different degrees of curvature between the transducer elements)([pg. 5-7], in models 1-4, time of flight of ultrasonic signals are estimated to model the probe shape versus a ground truth).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic imaging, before the effective filing date of the claimed invention, to modify the system of Sun, to include the shape modelling of Sada with a reasonable expectation of success, with the motivation of accurately determining the position of each element as part of a larger probe shape determination and verifying the accuracy of the determination based on ground truth measurements [pg. 3].
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Casula et al.( "A flexible phased array transducer for contact examination of components with complex geometry." Proceedings of the 16th World Conference on Nondestructive Testing, Montreal, QC, Canada. Vol. 30. 2004., “Casula”)
Regarding claim 13, Sun discloses the acoustic system according to claim 1. Sun may not explicitly disclose the controller is configured to measure a travel time of acoustic waves sent through the curved object between a first acoustic transducer and a third transducer, wherein a second transducer is arranged along a surface path over the sheet surface of the flexible sheet between the first acoustic transducer and the third transducer, wherein the controller is configured to determine spatial coordinates of the second transducer based at least in part on interpolating predetermined surface coordinates and/or surface distances of the second transducer relative to the first acoustic transducer and third transducer on a modelled surface of the flexible sheet.
Casula teaches the controller is configured to measure a travel time of acoustic waves sent through the curved object between a first acoustic transducer and a third transducer, wherein a second transducer is arranged along a surface path over the sheet surface of the flexible sheet between the first acoustic transducer and the third transducer, wherein the controller is configured to determine spatial coordinates of the second transducer based at least in part on interpolating predetermined surface coordinates and/or surface distances of the second transducer relative to the first acoustic transducer and third transducer on a modelled surface of the flexible sheet ([pg. 5], 3D-profilometer is an extension of the 2D flexible instrumentation and measures the 3D deformation of the active area. An interpolation algorithm is utilized to compute the coordinates of each element to provide adaptive delay laws).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art of acoustic imaging, before the effective filing date of the claimed invention, to modify the system of Sun, to include the interpolation of Casula with a reasonable expectation of success, with the motivation of accurately determining a three dimensional profile of the two dimension probe under deformation[pg. 5].
Allowable Subject Matter
Claim 9 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, Sun discloses the acoustic system according to claim 1. Sun further discloses the controller is configured to determine a convex subsection of the flexible sheet based on one or more acoustic signals being blocked along a path between a pair of acoustic transducers of the acoustic transducers through the convex subsection([0024]-[0027], automatic spatial scanning and depth focusing for each sensor or sensing elements may be determined and updated as the transducer scans the surface. Determining conformed positions of the array is executed by identifying neutral positions of sensing elements and positions from which the array is deformed. Each sensing element generates an acoustic pulse which is then received by the array. comparison of the arrival times for received signals at each element determines the amount of deformation or displacement of a given element with respect to the neutral position of said element, However Sun fails to teach the determination of a convex subsection of the array based on the blocking of a signal between a pair of transducers).
Sada teaches the controller is configured to determine a convex subsection of the flexible sheet based on one or more acoustic signals being blocked along a path between a pair of acoustic transducers of the acoustic transducers through the convex subsection ([pg. 3] shape estimation algorithm is used to determine position of each element by transmitting ultrasonic pulses by given elements and determining a first and second Euclidean distance. This process is repeated to determine a third Euclidean distance which is then input into a series of equations to determine each element’s respective coordinates. In order to determine accuracy, ground truth coordinates of each element were used in order to determine mean absolute error, However Sada fails to teach the determination of a convex subsection of the array based on the blocking of a signal between a pair of transducers. No other identified prior art teaches the determination of a shape of the array based on a signal being blocked, nor does any prior art teach the limitation in part with sufficient motivation to combine.)
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Xu et al. (US 20190328354 A1, “Xu”) which discloses stretchable ultrasonic transducers
Hakkens et al. (US 20180130457 A1, “Hakkens”), which discloses a deformable ultrasonic transducer array
inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER RICHARD WALKER whose telephone number is (571)272-6136. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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/CHRISTOPHER RICHARD WALKER/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645