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
Regarding claim interpretation
Examiner notes that no amendments nor arguments are presented with respect to the 35 U.S.C. 112(f) claim interpretation of the limitation “object”. The 112(f) is therefore maintained.
Regarding 35 U.S.C. 112(b)
Applicant’s arguments, see REMARKS filed, 12/31/2025, with respect to claims 8 and 21 have been fully considered and are persuasive. The 112(b) rejections of claims 8 and 21 have been withdrawn.
Examiner notes the previously set forth 112(b) rejections are withdrawn in view of the amendments to the claims, however, new 112(b) rejections are necessitated by amendment.
Regarding prior art
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
For example, applicant argues “Desjardins is silent with respect to using acoustic beamforming signals received by an optical sensor to generate an ultrasound image” and “in Desjardins, as described, e.g. at paragraph [0021], only in the imaging transducers are used to receive the ultrasound imaging transmissions for producing an ultrasound image”. (REMARKS pg. 10). Examiner respectfully disagrees in that applicant’s arguments rely upon features which are not necessarily required by the claim (e.g. using acoustic beamforming signals by an optical sensor to generate an ultrasound image). The claim does not specifically require using the acoustic beamforming signals received by the optical sensor, but rather broadly recites that the generation of the ultrasound image is based on the acoustic beamforming signals received by the optical sensor. Absent any special definition upon which Applicant does not appear to rely, the scope of the claim was given its broadest reasonable interpretation such that the generation of the ultrasound image is based on all transmissions/receptions which occur during the procedure and that [0181] explicitly discloses the instrument transducer 123 may also receive or detect transmissions from the imaging transducer elements 550 (in addition to the localisation transmissions). Therefore, the transmissions are disclosed as being transmitted and received by both the imaging transducers as well as the instrument transducer and therefore any image generation would be based on the reception from the instrument transducer in its broadest reasonable interpretation. Based on the [0181] as noted above, examiner further respectfully disagrees with applicant’s arguments that only the imaging transducers are used to receive the ultrasound imaging transducers. If applicant intends for the claim to require specific processing/use of the acoustic beamforming transmissions received by the optical transducer (123) it is recommended to amend the claims to include such features.
Applicant further argues “Desjardins fails to disclose these features” and “in other designs, Figs. 13a and 13b of Desjardins discloses transducer array wherein each row contains only ‘localization transducers 551’ or ‘imaging transducers 550’” and points to [0131] and [0133] of Desjardins (REMARKS pg. 9). Examiner respectfully disagrees in that “rows” is broadly recited and the nature of a row is dependent on the point of view, therefore, while applicant appears to point to the “rows” as being parallel to the S-S axis in figs. 13A and 13B, examiner notes that row’s have been interpreted to be perpendicular to the S-S axis (e.g. rows when the probe is turned 90 degrees) where it is noted that in such rows there are both localization transducers 551 and imaging transducers 550. For at least these reasons, applicant’s arguments against the teachings of Desjardins are not found persuasive.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
The limitation “object” in claim 41 meets all 3 prongs of the analysis set forth in MPEP § 2181 (I). The limitation meets prong (A) because “object” is a generic placeholder for “means”. The limitation meets prong (B) because the generic placeholder (the “object”) is modified by functional language (“for tracking”). The limitation meets prong (C) because this claim element is not further modified by sufficient structure or material for performing the claimed function.
A review of the specification shows that a probe 100 appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 2-4, 7-9, 11-12, and 14 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 2 recites the limitation “the ultrasound array includes beacon elements configured to emit the acoustic beacon pulses and imaging elements configured to emit the acoustic beamforming pulses” and “the two or more transducers are beacon elements”. It is unclear if the claim is attempting to define the two or more transducers to be the same beacon elements configured to emit the acoustic beacon pulses or if these are different beacon elements. In other words, it is unclear if there are different beacon elements which emit the acoustic beacon pulses than the transducers or if the transducers are intended to emit the acoustic beacon pulses. For examination purposes, it has been interpreted to mean either the same or different beacon elements, however, clarification is required.
Claim 2 recites the limitation “a first beacon element” and “a second beacon element”. It is unclear if the first beacon element and the second beacon element are included in the beacon elements which emit the acoustic beacon pulses or if this is referring to the two or more transducers”.
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.
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 1-4, 7-9, 12, 14, 19-21, 24-26, 32-35, 39-42, and 52-53 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Desjardins (US 20160038119 A1 and included in Applicant’s IDS filed 10/03/2025), hereinafter Desjardins.
Regarding claim 1,
Desjardins discloses a method a system for visualizing a position of an object (at least fig. 2 (70) and corresponding disclosure in at least [0067]), comprising:
emitting acoustic beamforming pulses (see at least fig. 5 (focused imaging transmission) and corresponding disclosure in at least [0015]. Examiner notes that such focused imaging transmissions are considered beamforming pulses) and acoustic beacon pulses (at least fig.5 (unfocused imaging transmission) and corresponding disclosure in at least [0015]) from an ultrasound array (at least fig. 5 (55) and corresponding disclosure in at least [0081] and fig. 6 (U1, F, and U2) as disclosed in at least [0081]), wherein the ultrasound array comprises two or more transducers offset in an elevation dimension of the ultrasound array (see at least fig. 6 and [0081] which discloses It will be appreciated that F may represent a line of separate transducing elements arranged along the top of the imaging scan plane 25 i.e. coincident with the line S-S in FIG. 1, which is perpendicular to the plane illustrated in FIG. 6 and as with the imaging transducer elements F, U1 and U2 may each represent multiple localization transducer elements extending in a line parallel to the line S-S in fig. 1. See also at least fig. 13A depicting two or more transducers (551-1a-551-1g, 551-2a-551-2g, and/or 550-1-550-8) offset in an elevation dimension in the ultrasound array);
receiving acoustic beamforming signals corresponding to the acoustic beamforming pulses ([0015] which discloses the first set of imaging transducer elements are configured to: (i) produce ultrasound imaging transmissions into the human body, wherein the ultrasound imaging transmissions are focussed into an image scan plane, and (ii) receive reflections of the ultrasound imaging transmissions for generating a two-dimensional anatomical image corresponding to the image scan plane) and acoustic beacon signals corresponding to the acoustic beacon pulses with one or more optical sensors (at least fig. 3 (123) and corresponding disclosure in at least [0072]-[0073]) arranged on the object (70 see at least fig. 3); and
generating an ultrasound image (see at least fig. 2 depicting an ultrasound image and [0018] which discloses the method comprises the first set of imaging transducer elements producing ultrasound imaging transmissions into the human body, wherein the ultrasound imaging transmissions are focussed into an image scan plane, and receiving reflections of the ultrasound imaging transmissions for generating a two-dimensional anatomical image corresponding to the image scan plane) based on the acoustic beamforming signals received by the optical sensors ([0181] which discloses In addition, although the embodiments described above have concentrated on receipt by the instrument transducer 123 of transmissions from the localisation transducer elements 551, the instrument transducer 123 may also receive or detect transmissions from the imaging transducer elements 550 (in addition to the localisation transmissions. Examiner notes that any ultrasound image data obtained is based on all data received/collected during the procedures thus is based on the ultrasound beamforming signals received by the at least one optical sensor accordingly); and
generating an object indicator (at least fig. 2 (75A and 75B) and corresponding disclosure in at least [0071]) based on the acoustic beacon signals ([0077] which discloses (b) transmissions which are weakly focussed or unfocussed (or focussed out of the scan plane) for performing instrument localisation are referred to herein as “localisation transmissions”. See also [0086] which discloses the signals from the transducing elements U1 and U2 provide ultrasound signals that ultimately give the location of the transducing element 123 and such a determination might be made by the processor to allow the location of the transducer element 123 to be displayed on screen 68).
Regarding claim 2,
Desjardins further teaches wherein the ultrasound array includes beacon elements (at least fig. 13A and 13B (551-1a-551-1g and 551-2a-551-2g) and corresponding disclosure in at least [0132]) configured to emit the acoustic beacon pulses and imaging elements (at least figs. 13A and 13B (550-1-550-8) and corresponding disclosure in at least [0132]) configured to emit the acoustic beamforming pulses, the beacon elements (551-1a-551-1g and 551-2a-551-2g) and imaging elements (550-1-550-8) are arranged in at least two rows and at least one row includes both beacon elements and imaging elements (see at least fig. 13A and 13B where a row may be considered perpendicular to the S-S axis), the two or more transducers are beacon elements (551-1a-551g and 551-2a-551-2g), and
emitting acoustic beacon pulses comprises emitting a first acoustic beacon pulse (see at least fig. 12 and [0122]) from a first beacon element (551-1a) (see at least fig. 12 and [0122]) and emitting a second acoustic beacon pulse (see at least fig. 12 and [0122]) from a second beacon element (551-1b or 551-2a).
Regarding claim 3,
Desjardins further discloses wherein the second beacon element (551-1a) is offset from the first beacon element (551-2a) in an elevation dimension of the ultrasound array (see at least fig. 13A and 13B depicting first and second beacon elements (1a and 2a) offset from each other in an elevation dimension of the ultrasound array. see also at least fig. 6 depicting the transducers offset from each other in an “elevation” dimension. See also [0081] which discloses as with the imaging transducer elements F, U1 and U2 may each represent multiple localisation transducer elements, extending in a line parallel to the line S-S in FIG. 1)
Regarding claim 4,
Desjardins further discloses wherein receiving the acoustic beacon signals comprises receiving an acoustic signal corresponding to the first acoustic beacon pulse and an acoustic signal corresponding to the second acoustic beacon pulse, with a single optical sensor (123) of the one or more optical sensors (123) ([0085] The transducer elements U1, U2 producing the localisation transmissions are controlled so that the temporal pattern of the received ultrasound signal varies with location. Accordingly, as the acoustic transducer 123 receives the localisation transmissions and forwards them to console 65).
Regarding claim 7,
Desjardins further discloses further comprising emitting the first acoustic beacon pulse from the first beacon element at a first time and emitting the second acoustic beacon pulse from the second beacon at a second time subsequent to the first time ([0085] which discloses in other embodiments, the localization transducer elements transmit the same or similar signals, but the transducer elements are operated in turn, so that at any given time it is known which transducer element is currently transmitting)
Regarding claim 8,
Desjardins further discloses further comprising substantially simultaneously emitting the first acoustic beacon pulse from the first transducer and emitting the second acoustic beacon pulse from the second transducer ([0085] which discloses in other embodiments, individual transducer elements (or groups of transducer elements that are close together and function in effect as a single unit) transmit a signal having a unique identifier for that particular transducer element, so that the instrument transducer 123 can discriminate between the signals from the different transducers. [0096] which discloses as another example of each transducer element generating a unique (individual) transmission, the three imaging transducer elements E1, E2 and E3 may simultaneously emit a short burst of ultrasound. Each burst is allocated a different frequency band within the overall bandwidth (B) of the ultrasound probe 55. For example, if the imaging transducer has an operating frequency from F1 up to F2, where F=F2−F1, then E1, E2 and E3 can be assigned bursts within the frequency bands F1 to F1+(F/3), F1+(F/3) to F2−(F/3), and F2−(F/3) to F2 and [0098] which discloses in a CDMA scheme signals are transmitted simultaneously from different transducer elements and are then separated using the code allocated to each transmitting element)
Regarding claim 9,
Desjardins further discloses wherein the first acoustic beacon pulse has a first transmit frequency and the second acoustic beacon pulse has a second transmit frequency different from the first transmit frequency ([0096] which discloses as another example of each transducer element generating a unique (individual) transmission, the three imaging transducer elements E1, E2 and E3 may simultaneously emit a short burst of ultrasound. Each burst is allocated a different frequency band within the overall bandwidth (B) of the ultrasound probe 55. For example, if the imaging transducer has an operating frequency from F1 up to F2, where F=F2−F1, then E1, E2 and E3 can be assigned bursts within the frequency bands F1 to F1+(F/3), F1+(F/3) to F2−(F/3), and F2−(F/3) to F2))
And wherein generating the object indicator comprises:
Filtering the received acoustic beacon signals into a first acoustic beacon signal corresponding to the first acoustic beacon pulse, based on the first transmit frequency; and
Filtering the received acoustic beacon signals into a second acoustic beacon signal corresponding to the second acoustic pulse, based on the second transmit frequency ([0095] which discloses in processor 201 (or some other portion of the receiving system), the signals from the different transducer elements are separated using band-pass filters centered on the respective frequency ranges for the different transducer elements, and hence the timing of the individual acoustic emissions for E1, E2 and E3 can be recovered. Note that encoding emissions from different array elements using a frequency division approach is disclosed by F. Gran, et al., Proceedings of the IEEE Ultrasonic Symposium, pp. 1942-1946 (2003), but this is in the context of synthetic aperture imaging, which is significantly different from instrument localization)
Regarding claim 12,
Desjardins further discloses further comprising exciting the first and second beacon elements with different coded excitation parameters ([0097] which discloses another possibility is to use a code division multiple access (CDMA) scheme, in which different sets of localisation elements are assigned different sequences. CDMA schemes generally use sequences in the form of pseudo-random noise (PRN) codes, which are chosen to have low mutual cross-correlations and good auto-correlation properties (ideally zero for any non-zero offset). Well-known examples of PRN sequences used for CDMA schemes are Golay codes, Gold codes and Kasami codes), wherein generating the object indicator comprises applying a matched filter to decode the received acoustic beacon signals into a first acoustic beacon signal corresponding to the first acoustic beacon pule and a second acoustic beacon signal corresponding to the second acoustic beacon pulse ([0098] which discloses a CDMA scheme, signals are transmitted simultaneously from the different transducer elements, and are then separated (discriminated) using the code allocated to each transmitting element. For example, the processor 201 performs a cross-correlation of the (overall) received signal with all the codes for the different localisation transducer elements for all possible timing offsets (delays). When the correct timing delay for a given transducer element is used, this results in an auto-correlation peak that reveals the presence (and timing) of the signal from that transducer element. The timing delays for the different localization transducers are then used to determine the estimated location of the instrument transducer by the process illustrated in FIG. 7, [0099] In embodiments where different transducer elements are assigned different identifying codes, the transducer elements may transmit the codes directly using a transmission scheme such as pulse code modulation (PCM). Alternatively, the codes may be used to perform phase or frequency modulation of an ultrasound carrier wave, such as by phase-shift keying (PSK) or some form of frequency modulation. The skilled person will be aware of various other mechanisms by which the transducer elements can transmit the codes, either directly or via some modulation scheme and finally, [0101] which discloses in embodiments which generate pulses form the localization transducer elements, pulse conversion techniques may be used to enhance the localization accuracy. this is sometimes referred to as a chirp, because the frequency rises during the pulse. One benefit of this approach is that a suitably matched filter at a receiver, for example on or linked to the instrument transducer 123, can determine the timing of the pulse with greater accuracy than the timing of pulse at constant frequency).
Regarding claim 14,
Desjardins further teaches wherein the coded excitation parameters comprise parameters forming orthogonal code pairs, orthogonal golay code pairs ([0097] Another possibility is to use a code division multiple access (CDMA) scheme, in which different sets of localisation elements are assigned different sequences. CDMA schemes generally use sequences in the form of pseudo-random noise (PRN) codes, which are chosen to have low mutual cross-correlations and good auto-correlation properties (ideally zero for any non-zero offset). Well-known examples of PRN sequences used for CDMA schemes are golay codes, Gold codes and Kasami codes).
Regarding claim 19,
Desjardins further discloses further comprising alternating between emitting acoustic beamforming pulses and emitting acoustic beacon pulses ([0083] which discloses Another possibility is to intersperse the imaging transmissions and the localisation transmissions in quick succession in order to prevent interference between the two, but while still providing a physician with real-time feedback as to the position of the instrument relative to the scan plane).
Regarding claim 20,
Desjardins further discloses further comprising alternating between generating the ultrasound image based on the acoustic beamforming signals and generating the object indicator based on the acoustic beacon signals ([0065] which discloses this then allows the position of the medical device to be determined and shown on an ultrasound imaging display in real-time and [0067] which discloses and real-time ultrasound image display 68 and The console 65 measures the time taken for various acoustic transmissions to reach the sensor from the ultrasound probe 55, and thereby determines the position of the needle tip relative to the ultrasound imaging plane. This then allows position information to be shown in real-time on the ultrasound imaging system display 68. Examiner notes that such real-time ultrasound image generation and needle-tip position indicator means there is alternating between generating an ultrasound image and generating an object indicator (i.e. images/object indicators which are offset in time over the course of the real-time image display/generation))
Regarding claim 21,
Desjardins further teaches further comprising substantially simultaneously emitting the acoustic beamforming pulses and the acoustic beacon pulses ([0083] which discloses FIG. 6 illustrates the imaging transmissions and the localisation transmissions occurring at the same time, i.e. simultaneously), wherein the acoustic beamforming pulses have a third transmit frequency and the acoustic beacon pulses have a fourth transmit frequency different from the third frequency ([0084] which discloses the imaging transmissions have a frequency above 4 MHz while the localization transmissions have a frequency below 4 MHz)
Filtering the received acoustic beamforming signals based on the third transmit frequency; and filtering the received acoustic beacon signals based on the fourth transmit frequency ([0096] which discloses as another example of each transducer element generating a unique (individual) transmission, the three imaging transducer elements E1, E2 and E3 may simultaneously emit a short burst of ultrasound. Each burst is allocated a different frequency band within the overall bandwidth (B) of the ultrasound probe 55. For example, if the imaging transducer has an operating frequency from F1 up to F2, where F=F2−F1, then E1, E2 and E3 can be assigned bursts within the frequency bands F1 to F1+(F/3), F1+(F/3) to F2−(F/3), and F2−(F/3) to F2. In processor 201 (or some other portion of the receiving system), the signals from the different transducer elements are separated using band-pass filters centered on the respective frequency ranges for the different transducer elements, and hence the timing of the individual acoustic emissions for E1, E2 and E3 can be recovered)
Regarding claim 24,
Desjardins further discloses wherein generating the object indicator comprises resolving the received acoustic beacon signals into a current object position ([0086] which discloses the signals from the transducing elements U1 and U2 provide ultrasound signals that ultimately give the location of the transducing element 123 and such a determination might be made by the processor to allow the location of the transducer element 123 to be displayed on screen 68).
Regarding claim 25,
Desjardins further discloses further comprising combining the ultrasound image and the object indicator (see at least fig. 2).
Regarding claim 26,
Desjardins further discloses wherein the one or more optical sensors comprises an interference-based optical sensors or an optical interferometer (at least figs. 15-16 and corresponding disclosure in at least [0141])
Regarding claim 32,
Desjardins discloses a system (at least fig. 2 and corresponding disclosure in at least [0067])for visualizing a position of an object, comprising:
An ultrasound array (at least fig. 5 (55) and corresponding disclosure in at least [0081] and fig. 6 (U1, F, and U2) as disclosed in at least [0081]) comprising:
A plurality of transducers configured to emit acoustic beamforming pulses and acoustic beacon pulses, wherein the plurality of transducers comprises two or more transducers offset in a first dimension of the ultrasound array (see at least fig. 6 and [0081] which discloses It will be appreciated that F may represent a line of separate transducing elements arranged along the top of the imaging scan plane 25 i.e. coincident with the line S-S in FIG. 1, which is perpendicular to the plane illustrated in FIG. 6 and as with the imaging transducer elements F, U1 and U2 may each represent multiple localization transducer elements extending in a line parallel to the line S-S in fig. 1 See also at least fig. 13A depicting two or more transducers (551-1a-551-1g, 551-2a-551-2g, and/or 550-1-550-8) offset in an elevation dimension in the ultrasound array));
At least one optical sensor (at least fig. 3 (123) and corresponding disclosure in at least [0072]-[0073]) arranged on the object (70) configured to detect acoustic beamforming signals corresponding to the acoustic beamforming pulses ([0181] which discloses In addition, although the embodiments described above have concentrated on receipt by the instrument transducer 123 of transmissions from the localisation transducer elements 551, the instrument transducer 123 may also receive or detect transmissions from the imaging transducer elements 550 (in addition to the localisation transmissions)) and acoustic beacon signals corresponding to the acoustic beacon pulses ([0085] which discloses Accordingly, as the acoustic transducer 123 receives the localisation transmissions and forwards them to console 65, the console (or some other processing device) is able to analyse the timings of the received signals to determine the location of the transducer 123 on the basis of these timings); and
At least one processor (at least fig. 2 (65) and corresponding disclosure in at least [0077]) configured to generate an ultrasound image based on the received acoustic beamforming signals (see at least fig. 2 depicting an ultrasound image and [0018] which discloses the method comprises the first set of imaging transducer elements producing ultrasound imaging transmissions into the human body, wherein the ultrasound imaging transmissions are focussed into an image scan plane, and receiving reflections of the ultrasound imaging transmissions for generating a two-dimensional anatomical image corresponding to the image scan plane. Examiner notes that any ultrasound image data obtained is based on all data received/collected during the procedures thus is based on the ultrasound beamforming signals received by the at least one optical sensor accordingly) and an object indicator based on the acoustic beacon signals ([0077] which discloses (b) transmissions which are weakly focussed or unfocussed (or focussed out of the scan plane) for performing instrument localisation are referred to herein as “localisation transmissions”. See also [0086] which discloses the signals from the transducing elements U1 and U2 provide ultrasound signals that ultimately give the location of the transducing element 123 and such a determination might be made by the processor to allow the location of the transducer element 123 to be displayed on screen 68).
Regarding claim 33,
Desjardins further teaches wherein the plurality of transducers comprises beacon elements (551-1a-551-1g, 551-2a-551-2g) and imaging elements (550-1-550-8) arranged in at least two rows and at least one row includes both beacon elements and imaging elements (see at least figs. 13A-13B depicting at least two rows (i.e. perpendicular to the S-S axis) and rows including both beacon (551) and imaging (550) elements))
A first beacon element (551-1a) is configured to emit a first acoustic beacon pulse (See at least fig. 12 and [0122]. See also [0082] which discloses the lightly shaded region of FIG. 6 represents localisation transmissions from transducing element(s) U1) and a second transducer (551-1b or 551-2a) configured to emit a second acoustic beacon pulse (See at least fig. 12 and [0122]. See also [0082] which discloses the dashed line represents the envelope of localisation transmissions from transducing element(s) U2)), where the second transducer is offset from the first transducer (551-1b or 551-2a) in the first dimension of the ultrasound array (see at least fig. 13A-13B and see at least fig. 6 depicting the first transducer offset from the first transducer in the first dimension of the ultrasonic array. See also [0081] which discloses as with the imaging transducer elements F, U1 and U2 may each represent multiple localization transducer elements extending in a line parallel to the line S-S in fig. 1).
Regarding claim 34,
Desjardins further discloses wherein the plurality of transducers comprises a third beacon element (551-1f or 551-2f) configured to emit a third acoustic beacon pulse ([0081] which discloses as with the imaging transducer elements F, U1 and U2 may each represent multiple localization transducer elements extending in a line parallel to the line S-S in fig. 1), wherein a distance between the first beacon element and the second beacon element in a second dimension of the array is different from a distance between the third beacon element and the second beacon element in the second dimension of the array (see at least figs. 13A-13B in which a distance between the first beacon element and second beacon element in a second dimension is different from a distance between the third beacon element and the second beacon element).
Regarding claim 35,
Desjardins further discloses wherein the at least one optical sensor is an interference-based optical sensors or an optical interferometer (at least figs. 15-16 and corresponding disclosure in at least [0141])
Regarding claim 39,
Desjardins further discloses wherein the at least one processor is further configured to combine the ultrasound image and the object indicator (see at least fig. 2)
Regarding claim 40,
Desjardins further discloses further comprising a display (at least fig. 2 (68) and corresponding disclosure in at least [0067]) configured to display one or more of the ultrasound image and the object indicator (see at least fig. 2 and [0067]-[0068]).
Regarding claim 41,
Desjardins further discloses further comprising the object (at least fig. 2 and 4 (55) and corresponding disclosure in at least [0041]) for tracking, wherein the ultrasound array is arranged on the object ([0081] which discloses the ultrasound probe 55 includes two types of transducer elements)
Regarding claim 42,
Desjardins further discloses wherein the at least one optical sensor is coupled to the object (see at least fig. 4 depicting the optical sensor 123 coupled to the probe 55 via at least the console).
Regarding claim 52,
Desjardins further discloses wherein: emitting acoustic beacon pulses comprises emitting a first acoustic beacon pulse from a first beacon element (551-1a), emitting a second acoustic beacon pulse from a second beacon element offset (551-2a) from the first beacon element in the elevation dimension of the ultrasound array, and emitting a third acoustic beacon pulse from a third beacon element (551-1b) offset from the first beacon element in the lateral dimension of the ultrasound array
Regarding claim 53,
Desjardins further discloses wherein: emitting acoustic beacon pulses comprises emitting a first acoustic beacon pulse from a first beacon element (551-1a), emitting a second acoustic beacon pulse from a second beacon element (551-2a) offset from the first beacon element in the elevation dimension of the ultrasound array, and emitting a third acoustic beacon pulse from a third beacon element (551-2b) offset from the second beacon element in the lateral dimension of the ultrasound array
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Desjardins in view of Bandy et al. (US 20080114224 A1), hereinafter Bandy.
Regarding claim 11,
Desjardins teaches the elements of claim 9 as previously stated. Desjardins further teaches wherein filtering the received acoustic beacon signals into the first and second acoustic beacon signals comprises applying to the received acoustic beacon signals a bandpass filter having a first filtering band centered around the first transmit frequency and a second filtering band centered around the second transmit frequency.
Desjardins fails to explicitly teach wherein the bandpass filter is or includes a comb filter.
Nonetheless, Bandy, in a similar filed of endeavor involving medical procedures, teaches a bandpass file may be implemented as a comb filter In [0274].
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Desjardins to include a comb filter as taught by Bandy in order to provide a band pass filter accordingly. Such a modification merely amounts to a simple substitution of one known filter for another yielding predictable results with respect to frequency filtering thereby rendering the claim obvious (MPEP 2143).
Examiner notes that in the modified method, the comb filter would have a first filtering band centered around the first transmit frequency and a second filtering band centered around the second transmit frequency in order to accomplish the same effect of separating the first and second acoustic beacon signals.
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.
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/BROOKE LYN KLEIN/Primary Examiner, Art Unit 3797