Prosecution Insights
Last updated: October 04, 2026
Application No. 18/721,155

SYSTEM AND METHOD FOR CHARACTERIZING BIOLOGICAL TISSUE

Non-Final OA §103
Filed
Jun 17, 2024
Priority
Dec 16, 2021 — nonprovisional of PCTCA2022051851 +1 more
Examiner
LU, ZHIYU
Art Unit
2665
Tech Center
2600 — Communications
Assignee
Oncoustics Inc.
OA Round
1 (Non-Final)
49%
Grant Probability
Moderate
1-2
OA Rounds
1y 6m
Est. Remaining
63%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
381 granted / 779 resolved
-13.1% vs TC avg
Moderate +14% lift
Without
With
+14.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
44 currently pending
Career history
833
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
67.5%
+27.5% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 779 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of claims 1-3, 5-13, 16-21 in the reply filed on 05/19/2026 is acknowledged. 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. Claim(s) 1-3, 5-13, 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasuno et al. (US2023/0169627) in view of Pernisa et al. (US2014/0155748). To claim 1, Yasuno teach a system for characterising tissues, the system comprising: a processor; and a memory comprising instructions which when executed by the processor cause the processor to: receive raw data corresponding to a dense two-dimensional (2D) image or signals arising from a scan of a tissues within a system of interest; generate a three-dimensional (3D) data set and representation from the dense 2D image data or signals (obvious in paragraph 0040, OCT imaging, paragraph 0123, ultrasound tomography imaging, wherein such 3D data reconstruction process from received raw data is a well-known practice in the art, hence Official Notice is taken); and input the 3D data set into a convolutional network having a plurality of filters, said convolutional network configured to: reduce the 3D data set to a one-dimensional (1D) array corresponding to a frequency domain of the 3D data set (Fig. 4; paragraph 0087, input a 3D signal into a CNN and output a 1D characteristic values in frequency domain, such as signal intensity, resolution, or SNR); and extract features from the 1D array and classify the 1D array into a tissue pathology classification based on the extracted features (obvious in paragraphs 0123, extracted characteristic values of tissue sample would correlate to pathological diagnosis). In furthering said obviousness, Pernisa teach using quantitative ultrasound in pathological classification of region (paragraph 0203). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate teaching of Pernisa into the system of Yasuno, in order to further tissue diagnosis with extracted characteristic values. To claim 12, Yasuno and Pernisa teach a computer-implemented method of characterising tissues (as explained in response to claim 1 above). To claim 2, Yasuno and Pernisa teach claim 1. Yasuno and Pernisa teach wherein the raw data comprises at least one of ultrasound data and/or high-resolution microscopy and/or histopathology data (as explained in response to claim 1 above). To claims 3 and 13, Yasuno and Pernisa teach claims 2 and 12. Yasuno and Pernisa teach wherein the raw data further comprises at least one of patient demographic data, bmode data, and/or biomarker data (obvious as b-mode data of ultrasound correspond to 2D imaging data). To claims 5 and 16, Yasuno and Pernisa teach claims 1 and 12. Yasuno and Pernisa teach wherein to generate the 3D data set from the dense 2D image, the processor is configured to: discretize the 2D space through patches; and transform a frequency domain information in a third dimension (such reconstruction or transformation process is well-known in the art, which would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply by design preference, hence Official Notice is taken). To claims 6 and 17, Yasuno and Pernisa teach claims 5 and 16. Yasuno and Pernisa teach wherein the transformation is one of: a Fast-Fourier transformation, Laplace transformation, Wavelet transformation, Z-transformation (as explained in response to claim 5 above, wherein specific 2D to 3D transformations are well-known in the art, hence Official Notice is taken). To claims 7 and 18, Yasuno and Pernisa teach claims 1 and 12. Yasuno and Pernisa teach wherein the processor is configured to at least one of: divide the 3D data set into 3D segments; obtain a power spectrum from raw radio frequency (RF) data corresponding to each 3D segment; for each 3D segment: reduce the RF data in that 3D segment into a one-dimensional (1D) array; identify features of the tissue in that 1D array; and populate the 1D array into an RF data matrix such that a spatial relationship of the 3D segment is maintained with respect to neighbour 3D segments; receive a one-dimensional (1D) array representation of an image of a tissue; or inject one or more additional clinical values in the 1D array or at other steps of a convolutional neural network (in view of optional limitations, Yasuno and Pernisa teach segmenting 3D data in feature extraction of neural network of Fig. 4). To claims 8 and 19, Yasuno and Pernisa teach claims 7 and 18. Yasuno and Pernisa teach wherein the one or more additional clinical values include a Prostate Specific Antigen (PSA) value and/or additional biomarkers (since Yasuno and Pernisa teach one of optional limitations in claims 7 and 18, extension of other optional limitations would be considered). To claims 9 and 20, Yasuno and Pernisa teach claims 1 and 12. Yasuno and Pernisa teach wherein the identified features are obtained in a three dimensional (3D) matrix comprising spatial information along two planes and ultrasound power spectrums along a third plane (despite lack of disclosure, such feature is well-known in 3D representation of ultrasound, which would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate, hence Official Notice is taken). To claims 10 and 21, Yasuno and Pernisa teach claims 9 and 20. Yasuno and Pernisa teach wherein a 3D convolutional neural network is configured to capture spatio-frequency features from the ultrasound image, and reduce the features to a one dimension spectrum for final layers (as explained in response to claim 1 above, Yasumo, paragraphs 0110-0111). To claims 11, Yasuno and Pernisa teach claim 1. Yasuno and Pernisa teach wherein the tissue is one of several types found in: a liver, a thyroid, a breast, a kidney, a prostate, a bowel, a pancreas, an ovary, a musculoskeletal, skin and wounds, or other organs or glands (obvious in Pernisa, paragraph 0033). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIYU LU whose telephone number is (571)272-2837. The examiner can normally be reached Weekdays: 8:30AM - 5:00PM. 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, Stephen R Koziol can be reached at (408) 918-7630. 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. ZHIYU . LU Primary Examiner Art Unit 2669 /ZHIYU LU/Primary Examiner, Art Unit 2665 September 11, 2026
Read full office action

Prosecution Timeline

Jun 17, 2024
Application Filed
Sep 15, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
49%
Grant Probability
63%
With Interview (+14.1%)
3y 10m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 779 resolved cases by this examiner. Grant probability derived from career allowance rate.

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