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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/15/2026 has been entered.
In view of the Response, the 103 Rejection is withdrawn. However, in view of the amendments and lack of clarity issues, a 112(b) Rejection is set forth below.
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 1-18 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 has been amended to “generate a video signal containing a sequence of images of a body representing only ultrasound imaging data acquired with the use of the ultrasound source or the shockwave source”. It is not clear how the ultrasound imaging data is acquired with the use of the ultrasound therapy source or the shockwave source. Clearly the ultrasound therapy source or shockwave source is used to administer the therapy and not used to acquire the ultrasound imaging data. The claim language lacks clarity with respect to distinguishing between the ultrasound therapy system and the ultrasound imaging system.
Under broadest reasonable interpretation of the application disclosure, the system ultrasound imaging transducer to generate a video signal with a neural network that analyzes the signal to detect a kidney and/or a kidney stone and once it is detected, the system marks the kidney or kidney stone on the displayed image. The position and orientation of the region of interest is then sent to the controller which positions the shockwave or ultrasound therapy source so the that the stone is in focus for treatment.
Therefore, the claim language should distinguish between ultrasound therapy/shockwave source and ultrasound imaging transducer where the ultrasound image generated by the imaging transducer is processed with a neural network to detect the position of the kidney stone, which is then used to position the ultrasound therapy/shockwave source relative to the focal region to administer therapy. Therefore, line 2 should be modified to “ultrasound therapy source” to distinguish between ultrasound imaging system and the ultrasound therapy system and lines 4-6 of claim 1 should be modified such that it does not recite that the ultrasound imaging data is acquired with the use of the ultrasound therapy/shockwave source as the image data is acquired using the ultrasound imaging system or the ultrasound imaging transducer.
Claim 1 has been modified to “generate a video signal containing a sequence of images of a body representing only ultrasound imaging data”. Claim 1 therefore limits the system to only ultrasound imaging data. Claim 18 however recites “imaging system comprises…an X-ray imaging system”. It is not clear how the system is also compatible “X-ray imaging system” when claim 1 limited the system to “only ultrasound imaging data”. It is suggested claim 18 be modified to specifically the “imaging system comprises an ultrasound transducer for ultrasonic imaging”.
Claims 4-6 and 16 recite “concernment” whereas claim 1 has been amended to “concrement”. Therefore, the claims appear to recite both terms and lacks clarity and is considered indefinite. It is suggested the claims recite consistently the same terminology referring to the same detector with support from the specification.
The dependent claims do not provide additional clarity and therefore stand rejected under 112(b).
Conclusion
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BR
/BAISAKHI ROY/Primary Examiner, Art Unit 3797
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