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 .
Response to Arguments
Applicant's arguments filed 03/23/26 have been fully considered but they are not persuasive.
Applicant argues that none of the references teaches first and second measurement, where in the second measurement is different from the first measurement.
Examiner would like to point out that Ebata reference Fig. 3 element s6 and fig. 4 elements 1, 2, 3 teaches multiple measurements, as such meets the claim limitations and the rejections is maintained and made FINAL.
Claims Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the Claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the Claimed invention.
(a)(2) the Claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the Claimed invention.
Claims(s) 1-27 is/are rejected under 35 U.S.C. 102A1/A2 as being anticipated by U. S. Publication No. 2020/0129160 to Ebata.
Regarding Claims 1, 14 and 27, Ebata teaches an ultrasound diagnostic apparatus comprising: an ultrasound probe configured to transmit and receive ultrasound to and from a subject (abstract and fig.1 teaches an ultrasonic transducer probe); and one or more hardware processors; wherein the hardware processor generates image data based on a reception signal received by the ultrasound probe, performs first measurement of performing real-time automatic measurement on the image data, and enables second measurement different from the real-time automatic measurement at a timing during the first measurement at which the real-time automatic measurement performed in the first measurement has not been completed (figs. 3, 8, and 9 teaches real-time automatic measurement of features; Fig. 3 element s6 and fig. 4 elements 1, 2, 3 teaches multiple measurements taken simultaneously).
Regarding Claims 2, 3, 15, and 16, Ebata teaches that the real-time automatic measurement includes detection of a region of interest that is a measurement target (fig. 3 and para 007 teaches automatic measurement detection).
Regarding Claims 4 and 17, Ebata teaches that the second measurement is manual measurement with the image date frozen (para 017 and 095-098 teaches manual measurement of images).
Regarding Claims 5, 6, 18, and 19, Ebata teaches that the hardware processor enables the second measurement before detection of a region of interest that is a measurement target is completed in the first measurement or before feature detection for the region of interest is completed in the first measurement (fig. 5 teaches aorta diameter, which is a feature detection).
Regarding Claims 7 and 20, Ebata teaches the hardware processor enables the second measurement before a result of the real-time automatic measurement is calculated in the first measurement (fig. 3, 7-9; para 076 and 088 teaches real-time automatic measurement).
Regarding Claims 8-10 and 21-24, Ebata teaches an inputter configured to receive a predetermined input operation, wherein the hardware processor enables the second measurement at a timing after the predetermined input operation is performed (para 101, 106 and 112 teaches manual measurement after automated measurement).
Regarding Claims 11, 12, 24, and 25, Ebata teaches that the storage stores a feature for the region of interest, and the hardware processor performs the second measurement based on the region of interest and the feature stored in the storage (para 036 and 0117 teaches a storage unit for storing the measurement).
Regarding Claims 13 and 26, Ebata teaches an inputter with which a user designates at least one of a region of interest and a measurement position as a measurement target for the image data, wherein the hardware processor performs the second measurement based on the region of interest and the feature stored in the storage (para 036 and 0117 teaches a storage unit for storing the measurement), and at least one of the region of interest and the measurement position designated by the user (para 101, 106 and 112 teaches manual measurement after automated measurement).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY CATTUNGAL whose telephone number is (571)272-1306. The examiner can normally be reached M-F 9-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at 571-270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3798
Prosecution Insights