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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 09/21/2021. It is noted, however, that applicant has not filed a certified copy of the JP 2021-153270 application as required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election of claims 1-9 in the reply filed on 02/11/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/11/2026.
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.
Claims 1-9 are 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.
Claim 1 recites the limitation “which has an ultrasound transducer array in which a plurality of ultrasound transducers that simultaneously transmit and open are arranged” in lines 3-5. This claim is indefinite as is it unclear what is meant by the word “open”. For examination purposes, this claim limitation will be interpreted as “which has an ultrasound transducer array in which a plurality of ultrasound transducers that transmit and receive””. The claim further recites “which transmits an ultrasonic wave using the plurality of ultrasound transducers on one side of the plurality of ultrasound transducers, receives a reflected wave of the ultrasonic wave due to the transmission of the ultrasonic wave, and pauses the transmission of the ultrasonic waves by the plurality of ultrasound transducers on the other side of the plurality of ultrasound transducers”, this limitation is indefinite as it is unclear what claim element performs these actions. For examination purpose, this will be interpreted as “the ultrasound endoscope transmits an ultrasonic wave using the plurality of ultrasound transducers on one side of the plurality of ultrasound transducers, receives a reflected wave of the ultrasonic wave due to the transmission of the ultrasonic wave, and pauses the transmission of the ultrasonic waves by the plurality of ultrasound transducers on the other side of the plurality of ultrasound transducers”
Claims 1-9 recite “polarization process” throughout the claims. This claim is indefinite as it is unclear what claim element receives the polarization. In other words, does the polarization process refer to a polarization of biological tissue induced by the ultrasound waves1, or does it relate to the voltage of the ultrasound device, or does it related to the electromechanical property of the piezoelectric element. Clarification is needed.
Regarding claim 5, the phrase "in a case" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 6, the phrase "in a case" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). This claim further recites the limitation “conversely, in a case where …” in lines 8-12. It is unclear if this case is an alternative to the “in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed…” in lines 3-7 or if both events take place.
Regarding claim 7, the phrase "in a case" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 8, the phrase "in a case" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 9, the phrase "in a case" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). This claim further recites the limitation “conversely, in a case where …” in lines 8-12. It is unclear if this case is an alternative to the “in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, …” in lines 3-7 or if both take place at the same time.
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.
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US 20200000437 A1) in view of Tsuboi (US 20230041402 A1).
Regarding claim 1, Yamamoto teaches an ultrasound endoscope system that acquires an ultrasound image and an endoscope image (an ultrasound diagnostic apparatus acquiring an ultrasound image and an endoscope image [0014]), the ultrasound endoscope system comprising:
an ultrasound endoscope including an ultrasound observation portion (an ultrasound endoscope comprising an ultrasound observation portion [0014]), which has an ultrasound transducer array in which a plurality of ultrasound transducers that simultaneously transmit and open are arranged (apparatus comprises transmits ultrasound waves using an ultrasound transducer array in which a plurality of ultrasound transducers are arranged, receives reflected waves of the ultrasound waves [0024]),
which transmits an ultrasonic wave using the plurality of ultrasound transducers on one side of the plurality of ultrasound transducers (a transmission circuit that generates a transmission signal for driving the plurality of ultrasound transducers to generate the ultrasound waves using a pulse generation circuit [0014]), receives a reflected wave of the ultrasonic wave due to the transmission of the ultrasonic wave (receives reflected waves of the ultrasound waves [0014]),
an ultrasound processor device including a transmission circuit (The ultrasound processor apparatus comprises… and a transmission circuit [0014]), which transmits an ultrasound generating transmission signal consisting of diagnostic driving pulses to be applied to the plurality of ultrasound transducers on one side to generate the ultrasonic waves from the plurality of ultrasound transducers on one side (A diagnostic driving pulse that is a pulsed driving voltage is supplied from the ultrasound processor apparatus 14 to each ultrasound transducer 48, as an input signal (transmission signal) [0090])
a reception circuit, which outputs a reception signal based on the reflected waves received by the plurality of ultrasound transducers on one side (the reception circuit 142 is a circuit that receives an electric signal output from the driving target transducer that has received an ultrasound wave (echo), that is, a reception signal [0135]), and an ultrasound image generation unit (image generation unit [0136]), which generates the ultrasound image by imaging the reception signal to acquire the ultrasound image (and an ultrasound processor apparatus that generates the ultrasound image by converting the reception signal into an image [0014]),
wherein the ultrasound processor device further includes a control circuit that
transmits the ultrasound generating transmission signal to the plurality of ultrasound transducers on one side using the transmission circuit to cause the plurality of ultrasound transducers on one side to perform the transmission of the ultrasonic wave and the reception of the reflected wave, to acquire the ultrasound image, (and an ultrasound processor apparatus that generates the ultrasound image by converting the reception signal into an image…. a transmission circuit that generates a transmission signal for driving the plurality of ultrasound transducers to generate the ultrasound waves using a pulse generation circuit and supplies the transmission signal to the plurality of ultrasound transducers under control of the control circuit [0014]) and that transmits the polarization process transmission signal to the plurality of ultrasound transducers on the other side using the transmission circuit to be subjected to the polarization process (a control circuit that performs polarization processing on the plurality of ultrasound transducers in a non-diagnosis period [0014]), and
Yamamoto, however, does not teach: [the ultrasound endoscope] pauses the transmission of the ultrasonic waves by the plurality of ultrasound transducers on the other side of the plurality of ultrasound transducers;
[an ultrasound processor device including a transmission circuit, which transmits an ultrasound generating transmission signal …] and simultaneously transmits a polarization process transmission signal consisting of polarization driving pulse for performing a polarization process to the plurality of ultrasound transducers on the other side in which the transmission of the ultrasound generating transmission signal for acquiring the ultrasound image is paused,
the control circuit controls the transmission circuit such that the transmission of the ultrasound generating transmission signal for generating the ultrasound image and the transmission of the polarization process transmission signal for performing the polarization process are simultaneously performed on the plurality of ultrasound transducers on one side and the plurality of ultrasound transducers on the other side different from each other, and simultaneously performs transmission and reception of the ultrasonic wave and the polarization process on the plurality of ultrasound transducers different from each other.
Tsuboi is considered analogous to the instant application as “Ultrasound imaging device, method of operating ultrasound imaging device, computer-readable recording medium, and ultrasound imaging system”.
Tsuboi teaches:
[the ultrasound endoscope] pauses the transmission of the ultrasonic waves by the plurality of ultrasound transducers on the other side of the plurality of ultrasound transducers (an ultrasound probe including at least two ultrasound transducers; and a processor configured to cause the at least two ultrasound transducers included in a first area to transmit and receive an ultrasound at a first timing, and transmit a repolarization signal to the at least two ultrasound transducers included in a second area at the first timing [0011]; The ultrasound endoscope 2 is an endoscope in which a plurality of piezoelectric elements are arranged in a form of an array as the ultrasound transducer 7 and that performs electric scanning by electronically switching piezoelectric elements involved in transmission and reception and delaying transmission and reception of each of the piezoelectric elements [0035])
[an ultrasound processor device including a transmission circuit, which transmits an ultrasound generating transmission signal …] and simultaneously transmits a polarization process transmission signal consisting of polarization driving pulse for performing a polarization process to the plurality of ultrasound transducers on the other side in which the transmission of the ultrasound generating transmission signal for acquiring the ultrasound image is paused (an ultrasound probe including at least two ultrasound transducers; and a processor configured to cause the at least two ultrasound transducers included in a first area to transmit and receive an ultrasound at a first timing, and transmit a repolarization signal to the at least two ultrasound transducers included in a second area at the first timing [0011]; one area/side of the probe is imaging, the other side/area is repolarizing),
the control circuit controls the transmission circuit such that the transmission of the ultrasound generating transmission signal for generating the ultrasound image and the transmission of the polarization process transmission signal for performing the polarization process are simultaneously performed on the plurality of ultrasound transducers on one side and the plurality of ultrasound transducers on the other side different from each other, and simultaneously performs transmission and reception of the ultrasonic wave and the polarization process on the plurality of ultrasound transducers different from each other (an area on which the determination unit 38 determines that the reception signal is a reflection signal from the subject serves as receiving channels (Rx) that are used to receive reception signals. On the other hand, an area on which the determination unit 38 determines that the reception signal is not a reflection signal from the subject serves as repolarization channels (Px) via which the repolarization signal is transmitted [0075]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Yamamoto to include the ultrasound endoscope pauses the transmission of the ultrasonic waves by the plurality of ultrasound transducers on the other side of the plurality of ultrasound transducers, an ultrasound processor device including a transmission circuit, which transmits an ultrasound generating transmission signal and simultaneously transmits a polarization process transmission signal consisting of polarization driving pulse for performing a polarization process to the plurality of ultrasound transducers on the other side in which the transmission of the ultrasound generating transmission signal for acquiring the ultrasound image is paused, the control circuit controls the transmission circuit such that the transmission of the ultrasound generating transmission signal for generating the ultrasound image and the transmission of the polarization process transmission signal for performing the polarization process are simultaneously performed on the plurality of ultrasound transducers on one side and the plurality of ultrasound transducers on the other side different from each other, and simultaneously performs transmission and reception of the ultrasonic wave and the polarization process on the plurality of ultrasound transducers different from each other, as taught by Tsuboi. Doing so would make it possible to receiver acoustic characteristics without an effect on the ultrasound image, as suggested by Tsuboi ([0066]).
Regarding claim 2, modified Yamamoto teaches the ultrasound endoscope system according to claim 1, as discussed above. Yamamoto further teaches wherein a transmission waveform of the ultrasound generating transmission signal is different from a transmission waveform of the polarization process transmission signal (the polarization driving pulse (main lobe) is a driving pulse in a frequency band different from the probe frequency band of the diagnostic driving pulse [0129]).
Regarding claim 3, modified Yamamoto teaches The ultrasound endoscope system according to claim 2, Yamamoto further teaches wherein at least one of a frequency, voltage, or wave number of the transmission waveform is different between the ultrasound generating transmission signal and the polarization process transmission signal (the polarization driving pulse (main lobe) is a driving pulse in a frequency band different from the probe frequency band of the diagnostic driving pulse).
Regarding claim 4, modified Yamamoto teaches the ultrasound endoscope system according to claim 2. Yamamoto further teaches wherein the control circuit changes a simultaneous transmission opening number of the plurality of ultrasound transducers on the other side on which the polarization process is performed, in response to a change in a simultaneous transmission opening number of the plurality of ultrasound transducers on one side that perform the transmission and reception of the ultrasonic wave for generating the ultrasound image in accordance with a change in a focus position for observation (sequentially driving the N ultrasound transducers 48 with an electronic switch such as a multiplexer 140 (refer to FIG. 4), an ultrasound scan occurs in a scanning range along the curved surface on which the ultrasound transducer array 50 is disposed, for example, in the range of about several tens of mm from the center of curvature of the curved surface. More specifically, in the case of acquiring a B mode image (tomographic image) as an ultrasound image, a driving voltage is supplied to m (for example, m=N/2) ultrasound transducers 48 (hereinafter, referred to as driving target transducers) arranged in series, among the N ultrasound transducers 48, by opening channel selection of the multiplexer 140. As a result, the m driving target transducers are driven, and an ultrasound wave is output from each driving target transducer of the opening channel. The ultrasound waves output from the m driving target transducers are immediately synthesized, and the composite wave (ultrasound beam) is transmitted to the observation target part [0092])
Regarding claim 5, modified Yamamoto teaches the ultrasound endoscope system according to claim 1, wherein, in a case of using the ultrasound transducer array in which the plurality of ultrasound transducers are arranged in a circumferential shape (the type (model) of the ultrasound transducer unit 46 is not particularly limited, and other types may be used as long as it is possible to transmit and receive ultrasound waves. For example, a sector type, a linear type, and a radial type may be used [0092]) a center of the plurality of ultrasound transducers on one side that perform the transmission and reception of the ultrasonic wave for generating the ultrasound image and a center of the plurality of ultrasound transducers on the other side that perform the transmission of the polarization process transmission signal for performing the polarization process are arranged at positions different from each other by 180 degrees (the multiplexer controls which sets of target transducers are “open” as disclosed in [0128]-[0131]).
The examiner notes limitation “in a case of using the ultrasound transducer array in which the plurality of ultrasound transducers are arranged in a circumferential shape” which in an interpretation it may be construed as a conditional limitation where the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case in which the ultrasound transducers are in an arrangement which is not circumferential which the claim would not require this limitation to be a positive recitation.
In the recent Ex parte Gopalan decision, the PTAB addressed a claim where all of the features were recited in a conditional manner. A first step of “identifying … an outlier” was performed if “traffic is outside of a prediction interval.” A second step of “identifying” was performed “only when a count of outliers … is greater than or equal to two, and exceeds an anomaly threshold.” These were the only two elements of the independent claim. Thus, if the traffic is never outside Gopalan’s prediction interval, then the steps of the method are never performed.
However, the PTAB distinguished Schulhauser and noted that this construction “would render the entire claim meaningless.” Gopalan at p. 5. The Board went on to state, “Although each of these steps is conditional, they are integrated into one method or path and do not cause the claim to diverge into two methods or paths, as in Schulhauser. Thus, we conclude that the broadest reasonable interpretation of claim 1 requires the performance of both steps…” Id. at p. 6.”
Regarding claim 6, modified Yamamoto teaches the ultrasound endoscope system according to claim 1. Yamamoto, however, does not teach wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, and conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process.
Tsuboi, however, teaches wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process (an area on which the determination unit 38 determines that the reception signal is a reflection signal from the subject serves as receiving channels (Rx) that are used to receive reception signals. On the other hand, an area on which the determination unit 38 determines that the reception signal is not a reflection signal from the subject serves as repolarization channels (Px) via which the repolarization signal is transmitted [0075]), and
conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process (an area on which the determination unit 38 determines that the reception signal is a reflection signal from the subject serves as receiving channels (Rx) that are used to receive reception signals. On the other hand, an area on which the determination unit 38 determines that the reception signal is not a reflection signal from the subject serves as repolarization channels (Px) via which the repolarization signal is transmitted [0075]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Yamamoto to include wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, and conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, as taught by Tsuboi. Doing so would make it possible to receiver acoustic characteristics without an effect on the ultrasound image, as suggested by Tsuboi ([0066]).
The examiner notes limitation “in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side/on the other side” which in an interpretation it may be construed as a conditional limitation where the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case in neither side emits ultrasonic waves, in which the claim would not require this limitation to be a positive recitation.
In the recent Ex parte Gopalan decision, the PTAB addressed a claim where all of the features were recited in a conditional manner. A first step of “identifying … an outlier” was performed if “traffic is outside of a prediction interval.” A second step of “identifying” was performed “only when a count of outliers … is greater than or equal to two, and exceeds an anomaly threshold.” These were the only two elements of the independent claim. Thus, if the traffic is never outside Gopalan’s prediction interval, then the steps of the method are never performed.
However, the PTAB distinguished Schulhauser and noted that this construction “would render the entire claim meaningless.” Gopalan at p. 5. The Board went on to state, “Although each of these steps is conditional, they are integrated into one method or path and do not cause the claim to diverge into two methods or paths, as in Schulhauser. Thus, we conclude that the broadest reasonable interpretation of claim 1 requires the performance of both steps…” Id. at p. 6.”
Regarding claim 7, modified Yamamoto teaches the ultrasound endoscope system according to claim 2, Yamamoto, further teaches wherein the control circuit changes a simultaneous transmission opening number of the plurality of ultrasound transducers on the other side on which the polarization process is performed, in response to a change in a simultaneous transmission opening number of the plurality of ultrasound transducers on one side that perform the transmission and reception of the ultrasonic wave for generating the ultrasound image in accordance with a change in a focus position for observation (sequentially driving the N ultrasound transducers 48 with an electronic switch such as a multiplexer 140 (refer to FIG. 4), an ultrasound scan occurs in a scanning range along the curved surface on which the ultrasound transducer array 50 is disposed, for example, in the range of about several tens of mm from the center of curvature of the curved surface. More specifically, in the case of acquiring a B mode image (tomographic image) as an ultrasound image, a driving voltage is supplied to m (for example, m=N/2) ultrasound transducers 48 (hereinafter, referred to as driving target transducers) arranged in series, among the N ultrasound transducers 48, by opening channel selection of the multiplexer 140. As a result, the m driving target transducers are driven, and an ultrasound wave is output from each driving target transducer of the opening channel. The ultrasound waves output from the m driving target transducers are immediately synthesized, and the composite wave (ultrasound beam) is transmitted to the observation target part [0092])
Regarding claim 8, modified Yamamoto teaches the ultrasound endoscope system according to claim 2,Yamamoto, however, does not teach wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, and conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process.
Tsuboi, however, teaches wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process (an area on which the determination unit 38 determines that the reception signal is a reflection signal from the subject serves as receiving channels (Rx) that are used to receive reception signals. On the other hand, an area on which the determination unit 38 determines that the reception signal is not a reflection signal from the subject serves as repolarization channels (Px) via which the repolarization signal is transmitted [0075]), and
conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process (an area on which the determination unit 38 determines that the reception signal is a reflection signal from the subject serves as receiving channels (Rx) that are used to receive reception signals. On the other hand, an area on which the determination unit 38 determines that the reception signal is not a reflection signal from the subject serves as repolarization channels (Px) via which the repolarization signal is transmitted [0075]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Yamamoto to include wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, and conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, as taught by Tsuboi. Doing so would make it possible to receiver acoustic characteristics without an effect on the ultrasound image, as suggested by Tsuboi ([0066]).
The examiner notes limitation “in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side/on the other side” which in an interpretation it may be construed as a conditional limitation where the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case in neither side emits ultrasonic waves, in which the claim would not require this limitation to be a positive recitation.
In the recent Ex parte Gopalan decision, the PTAB addressed a claim where all of the features were recited in a conditional manner. A first step of “identifying … an outlier” was performed if “traffic is outside of a prediction interval.” A second step of “identifying” was performed “only when a count of outliers … is greater than or equal to two, and exceeds an anomaly threshold.” These were the only two elements of the independent claim. Thus, if the traffic is never outside Gopalan’s prediction interval, then the steps of the method are never performed.
However, the PTAB distinguished Schulhauser and noted that this construction “would render the entire claim meaningless.” Gopalan at p. 5. The Board went on to state, “Although each of these steps is conditional, they are integrated into one method or path and do not cause the claim to diverge into two methods or paths, as in Schulhauser. Thus, we conclude that the broadest reasonable interpretation of claim 1 requires the performance of both steps…” Id. at p. 6.”
Regarding claim 9, modified Yamamoto teaches the ultrasound endoscope system according to claim 2,
Yamamoto, however, does not teach wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, and conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process.
Tsuboi, however, teaches wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process (an area on which the determination unit 38 determines that the reception signal is a reflection signal from the subject serves as receiving channels (Rx) that are used to receive reception signals. On the other hand, an area on which the determination unit 38 determines that the reception signal is not a reflection signal from the subject serves as repolarization channels (Px) via which the repolarization signal is transmitted [0075]), and
conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process (an area on which the determination unit 38 determines that the reception signal is a reflection signal from the subject serves as receiving channels (Rx) that are used to receive reception signals. On the other hand, an area on which the determination unit 38 determines that the reception signal is not a reflection signal from the subject serves as repolarization channels (Px) via which the repolarization signal is transmitted [0075]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Yamamoto to include wherein the control circuit controls, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side, simultaneously, the plurality of ultrasound transducers on the other side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, and conversely, in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on the other side, simultaneously, the plurality of ultrasound transducers on one side to pause the transmission and reception of the ultrasonic wave and to be subjected to the polarization process, as taught by Tsuboi. Doing so would make it possible to receiver acoustic characteristics without an effect on the ultrasound image, as suggested by Tsuboi ([0066]).
The examiner notes limitation “in a case where the transmission of the ultrasonic wave and the reception of the reflected wave are performed using the plurality of ultrasound transducers on one side/on the other side” which in an interpretation it may be construed as a conditional limitation where the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case in neither side emits ultrasonic waves, in which the claim would not require this limitation to be a positive recitation.
In the recent Ex parte Gopalan decision, the PTAB addressed a claim where all of the features were recited in a conditional manner. A first step of “identifying … an outlier” was performed if “traffic is outside of a prediction interval.” A second step of “identifying” was performed “only when a count of outliers … is greater than or equal to two, and exceeds an anomaly threshold.” These were the only two elements of the independent claim. Thus, if the traffic is never outside Gopalan’s prediction interval, then the steps of the method are never performed.
However, the PTAB distinguished Schulhauser and noted that this construction “would render the entire claim meaningless.” Gopalan at p. 5. The Board went on to state, “Although each of these steps is conditional, they are integrated into one method or path and do not cause the claim to diverge into two methods or paths, as in Schulhauser. Thus, we conclude that the broadest reasonable interpretation of claim 1 requires the performance of both steps…” Id. at p. 6.”
Conclusion
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/PASCAL M BUI PHO/ Supervisory Patent Examiner, Art Unit 3798
1 Ikushima, Kenji, et al. "Electric polarization of soft biological tissues induced by ultrasound waves." Physical review letters 123.23 (2019): 238101.
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