DETAILED ACTION
This office action is in response to the communication received on January 30, 2026 concerning application No. 18/601,813 filed on March 11, 2024.
Claims 1, 3, 5, 8-10, and 12-21 are currently pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 30, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 8 regarding the newly filed claim amendment have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new prior art reference is being applied to teach the newly filed claim amendments.
Claim Objections
Applicant is advised that should claims 1, 3, 5, 8-10, and 12-13 be found allowable, claims 14-21 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5, 8-10, 12-14, and 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable by Lomes et al. (US 20140088429, hereinafter Lomes) in view of Yang et al. (US 20220350082, hereinafter Yang), Neben et al. (US 20230148995, hereinafter Neben), and Sakamoto et al. (US 20240108313, hereinafter Sakamoto).
Regarding claim 1, Lomes teaches a device for non-invasive, non-destructive three dimensional (3D) image mapping of a target internal body structure within a living human or animal ([0066] discloses the invention produces three-dimensional images of a volume (target) of a body. [0010]-[0014] disclose the ultrasound is transmitted into the imaging region from the surface of the body, meaning the 3D imaging is non-invasive and the target is an internal structure. [0145] discloses the body is a human or animal body. [0145] and [0177] further disclose the system is used for non-destructive testing. [0208] further disclose using the system for planning an monitoring surgery, meaning the human or animal body is living) for diagnostic purposes or to guide medical procedures ([0208] discloses the ultrasound imaging can be used for planning surgery, thereby guiding a medical procedure), comprising:
a probe having an array of transducers ([0087] “the one or more transmitting transducers comprise an array of transmitting transducers”. Also see [0169]) configured for emitting high frequency waves ([0140] “transmitting ultrasound transducer 104 emits a relatively wide angle beam of ultrasound waves 106”. [0152] and [0205] disclose the transducer uses high frequency ultrasound) in a direction of said target internal body structure (Abstract discloses the ultrasound is transmitted into the imaging region and is therefore in a direction of said target internal body structure. Also see [0140]);
a receiver having an array of sensors ([0087] “the array of receiving transducers is used for receiving”. Also see [0170]) for receiving reflected waves ([0140] “a receiving ultrasound transducer 110 detects echoes of ultrasound waves 106 from scatterers in imaging region 108”);
a positioning system configured for aligning the probe and the receiver with the target internal body structure ([0077]-[0080] disclose a location changing device (positioning system) used for moving the device over a range of locations, therefore the location changing device is considered to align the probe and receiver with the target);
a processing unit (the electronic circuitry of the system 100 in fig. 1) configured for calculating distances between the probe and receiver based on a time delay of the reflected waves ([0151] “information on the length of a path, from a transmitter to a scatterer and back to a receiver, is optionally obtained in two different ways. The echo time of a pulse of ultrasound can be measured, either direction from the time delay”, therefore the path length (distance) is calculated based on the time delay of the reflected waves. By calculating the path length for each transmitter multiple distances are calculated. [0137] discloses using multiple transmitters); wherein the processing unit also is configured to generate a 3D map ([0066] discloses producing a three-dimensional image); and
a display for presenting a 3D image map of the target internal body structures based on the calculated distances ([0129] “the received data of the echo signals for different pulses is used to calculate an image of the region, based on time-delayed transmitted signals that would be expected from ultrasound scatterers at different locations in the imaging region, and hence at different distance from the transmitter and receiver”, meaning the image is generated based on the calculated distances. [0066] discloses the ultrasound image is a three-dimensional image (map) of the imaging volume. [0143] and [0181] disclose displaying the 3D image on a display).
Lomes does not specifically teach the high frequency waves are in the range of 100 MHz to 10 GHz.
However,
Yang in a similar field of non-invasive ultrasound discloses emitting high frequency waves in the range of 100MHz to 10 GHz ([0111] discloses the ultrasound imaging system uses ultrahigh frequency ultrasound ranging from about 100 MHz to about 300 MHz. [0004] further discloses the ultrasound is used for non-invasive imaging of internal structures or the patient).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the probe of Lomes to emit high frequency waves in the range of 100MHz to 10 GHz in order to increase the resolution of the obtained image, thereby increasing the quality of the image, as recognized by Yang ([0111]).
Lomes in view of Yang does not specifically teach the target internal body structures are selected from a group consisting of a trachea, a lung, a throat, a heart, a liver, a pancreas, a kidney, a bladder, a stomach, an intestine, a brain and an artery.
However,
Neben in a similar field of medical imaging discloses the target body structures are selected from a group consisting of a trachea, a lung, a throat, a heart, a liver, a pancreas, a kidney, a bladder, a stomach, an intestine, a brain and an artery ([0025] discloses the anatomy being imaged includes lungs, cardiac (heart), kidney, aorta (artery), organs, and bladder).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the target body structures be selected from a group consisting of a trachea, a lung, a throat, a heart, a liver, a pancreas, a kidney, a bladder, a stomach, an intestine, a brain and an artery of Neben to the system of Lomes in view of Yang in order to allow for the predictable results of increasing the number of organs the system can analyze, thereby making the system more versatile.
Lomes in view of Yang and Neben does not specifically teach the 3D image map is generated using two or more of the following techniques: Structure from motion; Multi-view stereo; Deep learning-based depth stimulation; Graph-based 3D reconstruction; Learning-based 3D reconstruction: Generative modeling-based 3D reconstruction; Sparce coding-based 3D reconstruction; and Dense correspondence-based 3D reconstruction.
However,
Sakamoto in a similar field of endeavor teaches generating a 3D image map using learning-based 3D reconstruction and generative modeling-based 3D reconstruction ([0081]-[0082] discloses using a learned model to assist in generating a three-dimensional image of the biological tissue. [0119] further discloses the use of a generative adversarial network for generating the learned model. The generative adversarial network is an example of generative modeling).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the method of generating the 3D image map of Lomes in view of Yang and Neben for the learning-based 3D reconstruction and generative modeling-based 3D reconstruction of Sakamoto because it amounts to simple substitution of one known element for another to obtain the predictable results of generating the 3D image map.
Regarding claim 5, Lomes in view of Yang, Neben, and Sakamoto teaches the device of claim 1, as set forth above. Lomes further teaches the positioning system is configured for aligning the device with the trachea and lungs ([0077]-[0080] disclose a location changing device (positioning system) used for moving the device over a range of locations, thereby the location changing system is configured for aligning the device with the target being imaged. Lomes in view of Yang and Neben teaches the target is the lungs as discussed above).
Regarding claim 8, Lomes in view of Yang, Neben, and Sakamoto teach a method for non-invasive, non-destructive three dimensional (3D) image mapping of the target internal body structures of within the living human or animal for diagnostic purposes or to guide medical procedures using the device as claimed in claim 1 ([0066] of Lomes discloses a method for producing three-dimensional images of a volume (target) of a body. [0010]-[0014] disclose the ultrasound is transmitted into the imaging region from the surface of the body, meaning the 3D imaging is non-invasive and the target is an internal structure. [0145] discloses the body is a human or animal body. [0208] further disclose using the system for planning an monitoring surgery, meaning the human or animal body is living As discussed above, Lomes in view of Yang, Neben, and Sakamoto teaches the device as claimed in claim 1), comprising the steps of:
placing the probe in contact with skin of the human or animal aligning with the target body structure ([0069]-[0073] disclose the transmitter transducer (probe) is placed on a surface (skin) of the body. [0145] discloses the body is a human or animal body. [0148] discloses the ultrasound is reflected off of a target, meaning the probe is aligned with the target);
emitting high frequency waves from the probe in a direction of the target internal body structure ([0140] “transmitting ultrasound transducer 104 emits a relatively wide angle beam of ultrasound waves 106, into an imaging region 108 of body 102”, the imaging region is considered the target body structure. [0152] and [0205] disclose the transducer uses high frequency ultrasound);
receiving the reflected waves from the target internal body structure with the receiver ([0140] “a receiving ultrasound transducer 110 detects echoes of ultrasound waves 106 from scatterers in imaging region 108”);
calculating distances between the probe and receiver based on the time delay of the reflected waves ([0151] “information on the length of a path, from a transmitter to a scatterer and back to a receiver, is optionally obtained in two different ways. The echo time of a pulse of ultrasound can be measured, either direction from the time delay”, therefore the path length (distance) is calculated based on the time delay of the reflected waves) and generating a 3D map using one or more of the following techniques: Multi-view stereo; Deep learning-based depth stimulation; Graph-based 3D reconstruction; Learning-based 3D reconstruction: Sparce coding-based 3D reconstruction; and Dense correspondence-based 3D reconstruction ([0066] of Lomes discloses producing a three-dimensional image. Further, as discussed above [0081]-[0082] of Sakamoto discloses using a learned model to assist in generating a three-dimensional image of the biological tissue. [0119] of Sakamoto further discloses the use of a generative adversarial network for generating the learned model. The generative adversarial network is an example of generative modeling); and
presenting the 3D image map of the target internal body structure on the display based on the calculated distances ([0129] of Lomes discloses “the received data of the echo signals for different pulses is used to calculate an image of the region, based on time-delayed transmitted signals that would be expected from ultrasound scatterers at different locations in the imaging region, and hence at different distance from the transmitter and receiver”, meaning the image is generated based on the calculated distances. [0066] discloses the ultrasound image is a three-dimensional image (map) of the imaging volume. [0143] and [0181] disclose displaying the 3D image on a display).
Regarding claim 9, Lomes in view of Yang, Neben, and Sakamoto teaches the method of claim 8, as set forth above. Lomes further teaches the distances between the probe and the receiver is calculated using one or more of the following time delay estimation techniques: Cross-correlation; Chirp-Z transformation; Pulse-echo imaging; and Continuous-wave imaging ([0151] discloses using the echo time of a pulse of ultrasound to determine the time delay which is used for determining the distance, the echo time of a pulse corresponds to a pulse-echo imaging technique).
Regarding claim 10, Lomes in view of Yang, Neben, and Sakamoto teaches the method of claim 8, as set forth above. Lomes further teaches the 3D image mapping is created using one or more image enhancement techniques, image sharpening techniques, image restoration techniques, and deposing techniques on the processing unit ([0168] discloses “the complex image density D(t_D, R_b) is saved, and used, for example, to reduce noise”. By reducing noise the generation of the 3D image is created using image restoration techniques, as recognized in [0051] of the present applications specification).
Regarding claims 12 and 13, Lomes in view of Yang, Neben, and Sakamoto teaches the device of claim 1 and the method of claim 8, as set forth above. Lomes further teaches a computer system for storing and analyzing said 3D image mapping ([0168] discloses the image is stored at step 316. [0191] further discloses the host computer includes an image processing module 1042 for post processing of the image).
Regarding claim 14, Lomes teaches a device for non-invasive, non-destructive three dimensional (3D) image mapping of a target internal body structure within a living human or animal ([0066] discloses the invention produces three-dimensional images of a volume (target) of a body. [0010]-[0014] disclose the ultrasound is transmitted into the imaging region from the surface of the body, meaning the 3D imaging is non-invasive and the target is an internal structure. [0145] discloses the body is a human or animal body. [0145] and [0177] further disclose the system is used for non-destructive testing. [0208] further disclose using the system for planning an monitoring surgery, meaning the human or animal body is living) for diagnostic purposes or to guide medical procedures ([0208] discloses the ultrasound imaging can be used for planning surgery, thereby guiding a medical procedure), comprising:
a probe having an array of transducers ([0087] “the one or more transmitting transducers comprise an array of transmitting transducers”. Also see [0169]) configured for emitting high frequency waves ([0140] “transmitting ultrasound transducer 104 emits a relatively wide angle beam of ultrasound waves 106”. [0152] and [0205] disclose the transducer uses high frequency ultrasound) in a direction of said target internal body structure (Abstract discloses the ultrasound is transmitted into the imaging region and is therefore in a direction of said target internal body structure. Also see [0140]);
a receiver having an array of sensors ([0087] “the array of receiving transducers is used for receiving”. Also see [0170]) for receiving reflected waves ([0140] “a receiving ultrasound transducer 110 detects echoes of ultrasound waves 106 from scatterers in imaging region 108”);
a positioning system configured for aligning the probe and the receiver with the target internal body structure ([0077]-[0080] disclose a location changing device (positioning system) used for moving the device over a range of locations, therefore the location changing device is considered to align the probe and receiver with the target);
a processing unit (the electronic circuitry of the system 100 in fig. 1) configured for calculating distances between the probe and receiver based on a time delay of the reflected waves ([0151] “information on the length of a path, from a transmitter to a scatterer and back to a receiver, is optionally obtained in two different ways. The echo time of a pulse of ultrasound can be measured, either direction from the time delay”, therefore the path length (distance) is calculated based on the time delay of the reflected waves. By calculating the path length for each transmitter multiple distances are calculated. [0137] discloses using multiple transmitters); wherein the processing unit also is configured to generate a 3D map ([0066] discloses producing a three-dimensional image); and
a display for presenting a 3D image map of the target internal body structures based on the calculated distances ([0129] “the received data of the echo signals for different pulses is used to calculate an image of the region, based on time-delayed transmitted signals that would be expected from ultrasound scatterers at different locations in the imaging region, and hence at different distance from the transmitter and receiver”, meaning the image is generated based on the calculated distances. [0066] discloses the ultrasound image is a three-dimensional image (map) of the imaging volume. [0143] and [0181] disclose displaying the 3D image on a display).
Lomes does not specifically teach the high frequency waves are in the range of 100 MHz to 10 GHz.
However,
Yang in a similar field of non-invasive ultrasound discloses emitting high frequency waves in the range of 100MHz to 10 GHz ([0111] discloses the ultrasound imaging system uses ultrahigh frequency ultrasound ranging from about 100 MHz to about 300 MHz. [0004] further discloses the ultrasound is used for non-invasive imaging of internal structures or the patient).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the probe of Lomes to emit high frequency waves in the range of 100MHz to 10 GHz in order to increase the resolution of the obtained image, thereby increasing the quality of the image, as recognized by Yang ([0111]).
Lomes in view of Yang does not specifically teach the target internal body structures are selected from a group consisting of a trachea, a lung, a throat, a heart, a liver, a pancreas, a kidney, a bladder, a stomach, an intestine, a brain and an artery.
However,
Neben in a similar field of medical imaging discloses the target body structures are selected from a group consisting of a trachea, a lung, a throat, a heart, a liver, a pancreas, a kidney, a bladder, a stomach, an intestine, a brain and an artery ([0025] discloses the anatomy being imaged includes lungs, cardiac (heart), kidney, aorta (artery), organs, and bladder).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the target body structures be selected from a group consisting of a trachea, a lung, a throat, a heart, a liver, a pancreas, a kidney, a bladder, a stomach, an intestine, a brain and an artery of Neben to the system of Lomes in view of Yang in order to allow for the predictable results of increasing the number of organs the system can analyze, thereby making the system more versatile.
Lomes in view of Yang and Neben does not specifically teach the 3D image map is generated using two or more of the following techniques: Structure from motion; Multi-view stereo; Deep learning-based depth stimulation; Graph-based 3D reconstruction; Learning-based 3D reconstruction: Generative modeling-based 3D reconstruction; Sparce coding-based 3D reconstruction; and Dense correspondence-based 3D reconstruction.
However,
Sakamoto in a similar field of endeavor teaches generating a 3D image map using learning-based 3D reconstruction and generative modeling-based 3D reconstruction ([0081]-[0082] discloses using a learned model to assist in generating a three-dimensional image of the biological tissue. [0119] further discloses the use of a generative adversarial network for generating the learned model. The generative adversarial network is an example of generative modeling).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the method of generating the 3D image map of Lomes in view of Yang and Neben for the learning-based 3D reconstruction and generative modeling-based 3D reconstruction of Sakamoto because it amounts to simple substitution of one known element for another to obtain the predictable results of generating the 3D image map.
Regarding claim 16, Lomes in view of Yang, Neben, and Sakamoto teaches the device of claim 14, as set forth above. Lomes further teaches the positioning system is configured for aligning the device with the trachea and lungs ([0077]-[0080] disclose a location changing device (positioning system) used for moving the device over a range of locations, thereby the location changing system is configured for aligning the device with the target being imaged. Lomes in view of Yang and Neben teaches the target is the lungs as discussed above).
Regarding claim 18, Lomes in view of Yang, Neben, and Sakamoto teach a method for non-invasive, non-destructive three dimensional (3D) image mapping of the target internal body structures of within the living human or animal for diagnostic purposes or to guide medical procedures using the device as claimed in claim 14 ([0066] of Lomes discloses a method for producing three-dimensional images of a volume (target) of a body. [0010]-[0014] disclose the ultrasound is transmitted into the imaging region from the surface of the body, meaning the 3D imaging is non-invasive and the target is an internal structure. [0145] discloses the body is a human or animal body. [0208] further disclose using the system for planning an monitoring surgery, meaning the human or animal body is living As discussed above, Lomes in view of Yang, Neben, and Sakamoto teaches the device as claimed in claim 14), comprising the steps of:
placing the probe in contact with skin of the human or animal aligning with the target body structure ([0069]-[0073] disclose the transmitter transducer (probe) is placed on a surface (skin) of the body. [0145] discloses the body is a human or animal body. [0148] discloses the ultrasound is reflected off of a target, meaning the probe is aligned with the target);
emitting high frequency waves from the probe in a direction of the target internal body structure ([0140] “transmitting ultrasound transducer 104 emits a relatively wide angle beam of ultrasound waves 106, into an imaging region 108 of body 102”, the imaging region is considered the target body structure. [0152] and [0205] disclose the transducer uses high frequency ultrasound);
receiving the reflected waves from the target internal body structure with the receiver ([0140] “a receiving ultrasound transducer 110 detects echoes of ultrasound waves 106 from scatterers in imaging region 108”);
calculating distances between the probe and receiver based on the time delay of the reflected waves ([0151] “information on the length of a path, from a transmitter to a scatterer and back to a receiver, is optionally obtained in two different ways. The echo time of a pulse of ultrasound can be measured, either direction from the time delay”, therefore the path length (distance) is calculated based on the time delay of the reflected waves) and generating a 3D map using one or more of the following techniques: Multi-view stereo; Deep learning-based depth stimulation; Graph-based 3D reconstruction; Learning-based 3D reconstruction: Sparce coding-based 3D reconstruction; and Dense correspondence-based 3D reconstruction ([0066] of Lomes discloses producing a three-dimensional image. Further, as discussed above [0081]-[0082] of Sakamoto discloses using a learned model to assist in generating a three-dimensional image of the biological tissue. [0119] of Sakamoto further discloses the use of a generative adversarial network for generating the learned model. The generative adversarial network is an example of generative modeling); and
presenting the 3D image map of the target internal body structure on the display based on the calculated distances ([0129] of Lomes discloses “the received data of the echo signals for different pulses is used to calculate an image of the region, based on time-delayed transmitted signals that would be expected from ultrasound scatterers at different locations in the imaging region, and hence at different distance from the transmitter and receiver”, meaning the image is generated based on the calculated distances. [0066] discloses the ultrasound image is a three-dimensional image (map) of the imaging volume. [0143] and [0181] disclose displaying the 3D image on a display).
Regarding claim 19, Lomes in view of Yang, Neben, and Sakamoto teaches the method of claim 18, as set forth above. Lomes further teaches the distances between the probe and the receiver is calculated using one or more of the following time delay estimation techniques: Cross-correlation; Chirp-Z transformation; Pulse-echo imaging; and Continuous-wave imaging ([0151] discloses using the echo time of a pulse of ultrasound to determine the time delay which is used for determining the distance, the echo time of a pulse corresponds to a pulse-echo imaging technique).
Regarding claim 20, Lomes in view of Yang, Neben, and Sakamoto teaches the method of claim 18, as set forth above. Lomes further teaches the 3D image mapping is created using one or more image enhancement techniques, image sharpening techniques, image restoration techniques, and deposing techniques on the processing unit ([0168] discloses “the complex image density D(t_D, R_b) is saved, and used, for example, to reduce noise”. By reducing noise the generation of the 3D image is created using image restoration techniques, as recognized in [0051] of the present applications specification).
Regarding claims 17 and 21, Lomes in view of Yang, Neben, and Sakamoto teaches the device of claim 14 and the method of claim 18, as set forth above. Lomes further teaches a computer system for storing and analyzing said 3D image mapping ([0168] discloses the image is stored at step 316. [0191] further discloses the host computer includes an image processing module 1042 for post processing of the image).
Claim(s) 3 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lomes in view of Yang, Neben, and Sakamoto as applied to claims 1 and 14 above, and further in view of Jun et al. (US 20160350503, hereinafter Jun).
Regarding claims 3 and 15, Lomes in view of Yang, Neben, and Sakamoto teaches the device of claims 1 and 14, as set forth above. Lomes further teaches a user interface for adjusting parameters of the system ([0143] “a user interface 124…optionally allows a user to control one or more parameters of system 100”).
Lomes in view of Yang, Neben, and Sakamoto does not specifically teach the user interface is used for adjusting the frequency and intensity of the high frequency waves.
However,
Jun in a similar field of medical imaging discloses a user interface for adjusting the frequency and intensity of the high frequency waves ([0355] “the first UI 2811 ay include icons corresponding to a function of adjusting frequency oof an ultrasound signal…a function of adjusting intensity of an ultrasound signal”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the user interface is used for adjusting the frequency and intensity of the high frequency waves of Jun to the user interface of Lomes in view of Yang, Neben, and Sakamoto in order to allow for the predictable results of providing control of the frequency and intensity of the waves to the user, thereby ensuring the quality of image needed by the user is appropriately obtained.
Conclusion
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/ANDREW W BEGEMAN/Examiner, Art Unit 3798