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 Amendment
This office action is in response to the communications filed on 04/01/2026, concerning Application No. 18/740,337. The amendments to the specification, the drawings, and the claims filed on 04/01/2026 are acknowledged. Presently, claims 1-3, 5-14, and 16-21 are pending.
Drawings
The drawings were received on 04/01/2026. These drawings are acceptable.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18, lines 3-5, the limitation “and the azimuthal data of the third transducer is used to locate the elevational direction of the second transducer array” should be changed to “and azimuthal data of the third transducer array is used to locate an elevational direction of the second transducer array”.
Appropriate correction is required.
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.
Claims 1-3 and 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Peyman et al. (US 2012/0089021 A1, of record, hereinafter Peyman) in view of Stringer et al. (US 2003/0149366 A1, of record, hereinafter Stringer), and further in view of Xu et al. (US 2022/0175340 A1, of record, hereinafter Xu).
Regarding claim 1, Peyman discloses an ultrasound system (Figs. 1A-1B: ultrasonic scanning apparatus 10A) (see, e.g., Para. [0071], “Referring now to FIGS. 1A and 2, there is shown one embodiment of an ultrasonic scanning apparatus 10A of the invention. As illustrated in FIG. 1A, the apparatus 10A includes a housing 20 and a linear translation rod 22. The apparatus further includes one embodiment of an ultrasonic transmission assembly 30 comprising an assembly support member 31, and an ultrasonic imaging probe 40 and therapeutic probe 50 that are connectable thereto”) comprising:
a first transducer array (Figs. 1A-1B: therapeutic probe 50) comprising transducer elements and configured to generate an acoustic beam (Figs. 1A-1B: generated therapeutic beam 14) for therapy (see, e.g., Figs. 1A-1B, and Para. [0084], “therapeutic probe 50 is preferably adapted to transmit focused therapeutic energy to target cells beneath a surface”, and Para. [0085], “the therapeutic probe 50 comprises a therapeutic ultrasound probe that is adapted to transmit pulsed ultrasonic energy to target organs or cells. The pulsed waves of ultrasonic energy preferably converge in a confined focal volume, whereby a treatment of a biological structure or tissue can be achieved”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”);
a second transducer array (Figs. 1A-1B: transducer array 41a of ultrasonic imaging probe 40) and a third transducer array (Figs. 1A-1B: transducer array 41b of ultrasonic imaging probe 40) arranged to image a location of a target (Figs. 1A-1B: eye 100) at which the acoustic beam (14) for the therapy is directed (see, e.g., Figs. 1A-1B, and Para. [0077], “the imaging probe 40 comprises an array of ultrasonic crystals that function as an emitter and receiver of ultrasonic energy, i.e. a three-dimensional (3D) ultrasonic array. In a preferred embodiment of the invention, the imaging probe (or 3D transducer) 40 includes means for redirecting or angulating the transmitted ultrasonic energy or beam(s) 12a, 12b”, and Para. [0078], “the imaging probe 40 includes at least two transducer arrays 41a, 41b and at least one prism 41C that is adapted to redirect or, more preferable, angulate one of the ultrasonic beams 12a or 12b (when disposed in the path thereof) to provide stereoscopic viewing of a structure. In a preferred embodiment, the imaging probe 40 also includes means for linear translation of the prism 41 in a substantially horizontal plane in the directions denoted by Arrows B.sub.1 and B.sub.2 to vary the degree of angulation and, hence, focus the beams 12b, i.e. beams 12a, 12b crossing or intersecting at a desired focal point”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”), wherein the beam (12a) transmitted by the second transducer array (41a) is arranged at an angle to the beam (12b) transmitted by the third transducer array (41b) (see, e.g., Figs. 1A-1B, and Para. [0080], “the imaging probe 40 includes means of directly angulating one of the transducer arrays 41a or 41b and, hence, the ultrasonic beams 12a or 12b transmitted therefrom, whereby the angulated beams 12 a or 12b can similarly be focused”, and Para. [0081], “Although the imaging probe 40 that is illustrated in FIG. 1A comprises an integral unit having two transducer arrays of ultrasonic crystals 41a, 41b, according to the invention, two separate imaging probes, each having a transducer array associated therewith, can be employed to generate and transmit ultrasonic beams 12a, 12b. In these embodiments, one of the probes can be adapted to angulate and, hence, angulate the transmitted beam(s) or one of the probes can include a prism (e.g., prism 41c) to angulate the transmitted beam(s)”); and
a computing and imaging device (Figs. 1A-1B: housing 20; Fig. 12: apparatus control module 70, processor 72, control system 74) connected to the first transducer array (50), the second transducer array (41a), and the third transducer array (41b) (see, e.g., Figs. 1A-1B, and Para. [0071], “Referring now to FIGS. 1A and 2, there is shown one embodiment of an ultrasonic scanning apparatus 10A of the invention. As illustrated in FIG. 1A, the apparatus 10A includes a housing 20 and a linear translation rod 22. The apparatus further includes one embodiment of an ultrasonic transmission assembly 30 comprising an assembly support member 31, and an ultrasonic imaging probe 40 and therapeutic probe 50 that are connectable thereto”, and Para. [0072], “the housing 20 is adapted to contain the apparatus control module 70, processor 72 and control system 74”),
wherein the computing and imaging device uses time-of-flight data determined from the second transducer array and the third transducer array to generate beam steering data for the acoustic beam generated by the first transducer array (see, e.g., Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”).
Peyman does not specifically disclose [1] wherein the second transducer array is arranged at an angle to the third transducer array such that azimuthal data of the second transducer array is used to locate an elevational direction of the third transducer array; and [2] wherein the computing and imaging device also uses image fusion with images generated by an additional imaging device to generate beam steering data for the acoustic beam generated by the first transducer array.
However, in the same field of endeavor of ultrasound imaging, Stringer discloses wherein the second transducer array (Fig. 1A: transducer array 14) is arranged at an angle to the third transducer array (Fig. 1A: transducer array 16) (see, e.g., Fig. 1A, and Para. [0008], “The apparatus of the invention comprises a sensor assembly including two ultrasonic, linear transducer arrays each comprising a plurality of active imaging transducer elements, the arrays being oriented perpendicular to each other to form a "T" configuration and carried by a housing. The 90.degree. relative orientation of the array axes provide the ability to quickly and easily image blood vessels in both the longitudinal and transverse planes”, and Para. [0029], “FIG. 1 comprises a schematic illustration of a sensor assembly 10 in accordance with the present invention. The sensor assembly 10 includes a housing 12 containing a first linear, ultrasonic elongated cross-sectional or transverse transducer array 14 and a second linear, ultrasonic elongated longitudinal transducer array 16, which arrays 14 and 16 are placed perpendicular to one another. Transducer arrays 14 and 16 as assembled with housing 12 form a "T" shape and are employed to obtain ultrasonic images of potential target blood vessels simultaneously in both the transverse and longitudinal planes. Transducer array 14 defines the head of the "T", while transducer array 16 defines the body thereof. Transducer arrays 14 and 16 each extend linearly and include a plurality of mutually adjacent piezoelectric active imaging transducer elements for transmitting and receiving ultrasonic waves, as will be understood by one having skill in the field of the present invention. However, while the two linear transducer arrays 14, 16 are described and depicted as arranged in a "T" configuration, it is contemplated that any arrangement placing arrays 14, 16 in mutually perpendicular relationship is suitable and encompassed by the present invention”).
Examiner notes that paragraph [0023] of Applicant’s filed specification sets forth “Placing imaging transducer arrays at angles to one another may allow the azimuthal data from one imaging transducer array to be used to locate the elevational direction of another imaging transducer array, and vice versa. The angle used may be, for example, 90 degrees, though other angles, for example, greater than 0 degrees and less than 180 degrees, may be used when there is more than one imaging transducer array or a single imaging transducer array with transducer elements grouped into an angled or curved shape” (emphasis added). It would seem to follow that if you have a reference teaching that imaging transducer arrays are arranged at a, for example, 90 degree angle to one another, such as Stringer as set forth above, in a similar arrangement as set forth in Applicant’s specification, then such an arrangement of imaging transducer arrays would allow azimuthal data from one imaging array “to be used” to locate the elevational direction of another imaging array. Examiner further notes that claim 1 at least does not seem to positively set forth that processing is further performed to actually locate the elevational direction, so for claim 1, it appears that as long as the above arrangement (imaging transducer arrays are arranged at a, for example, 90 degree angle to one another) is met by the prior art (such as Stringer, as set forth above), then the intended use of the transducers arrays to locate the elevational direction as claimed is also met.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ultrasound system of Peyman by including [1] wherein the second transducer array is arranged at an angle to the third transducer array such that azimuthal data of the second transducer array is used to locate an elevational direction of the third transducer array, as disclosed by Stringer. One of ordinary skill in the art would have been motivated to make this modification in order to provide the ability to quickly and easily image blood vessels in both the longitudinal and transverse planes, as recognized by Stringer (see, e.g., Para. [0008] and [0029]).
Peyman modified by Stringer still does not specifically disclose [2] wherein the computing and imaging device also uses image fusion with images generated by an additional imaging device to generate beam steering data for the acoustic beam generated by the first transducer array.
However, in the same field of endeavor of ultrasound imaging, Xu discloses wherein the computing and imaging device uses image fusion with images generated by an additional imaging device to generate beam steering data for the acoustic beam generated by the first transducer array (see, e.g., Para. [0087], “The present wearable monitoring device with phased array control, in some implementations, can electronically steer the beam to the desired vessels automatically without changing the physical positions of the transducer, allowing beam alignment with the vessel. An optical fiber may be employed to precisely map the three-dimensional coordinates of each transducer in the array. The transducer coordinates may be then be used to design the time delay profile for the phased array”, and Para. [0088], “One illustrative control algorithm for achieving automatic beam alignment with the phased array controls each ultrasonic transducer element independently. By adjusting the time-delay of activating each element or pixel in the array, constructive ultrasonic interference patterns can be achieved with presumably any location and tilting angles. To achieve the maximum response, vessel depth and its orientation relative to the transducers can be determined by an algorithm rather than a brute-force search. Vessel depth can be identified by the time of flight measurement in the perpendicular direction of each sensor. The orientation alignment can be achieved by comparing the maximum position in one direction with different columns. The beam steering and alignment procedure using calculated parameters requires highly accurate time domain measurement and control”, and Para. [0116], “phased array receive beamforming takes into account the signals received by all transducers in the array and their phase differences, and then adds up the signals to reconstruct a stronger echo with a higher SNR”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the ultrasound system of Peyman modified by Stringer by including [2] wherein the computing and imaging device also uses image fusion with images generated by an additional imaging device to generate beam steering data for the acoustic beam generated by the first transducer array, as disclosed by Xu. One of ordinary skill in the art would have been motivated to make this modification in order to desirably allow beam alignment with the vessel, as recognized by Xu (see, e.g., Para. [0087-0088]).
Regarding claim 2, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 1, as set forth above. Peyman does not specifically disclose wherein the angle is at least 90 degrees.
However, in the same field of endeavor of ultrasound imaging, Stringer discloses wherein the second transducer array (Fig. 1A: transducer array 14) is arranged at an angle to the third transducer array (Fig. 1A: transducer array 16), wherein the angle is at least 90 degrees (see, e.g., Fig. 1A, and Para. [0008], “The apparatus of the invention comprises a sensor assembly including two ultrasonic, linear transducer arrays each comprising a plurality of active imaging transducer elements, the arrays being oriented perpendicular to each other to form a "T" configuration and carried by a housing. The 90.degree. relative orientation of the array axes provide the ability to quickly and easily image blood vessels in both the longitudinal and transverse planes”, and Para. [0029], “FIG. 1 comprises a schematic illustration of a sensor assembly 10 in accordance with the present invention. The sensor assembly 10 includes a housing 12 containing a first linear, ultrasonic elongated cross-sectional or transverse transducer array 14 and a second linear, ultrasonic elongated longitudinal transducer array 16, which arrays 14 and 16 are placed perpendicular to one another. Transducer arrays 14 and 16 as assembled with housing 12 form a "T" shape and are employed to obtain ultrasonic images of potential target blood vessels simultaneously in both the transverse and longitudinal planes. Transducer array 14 defines the head of the "T", while transducer array 16 defines the body thereof. Transducer arrays 14 and 16 each extend linearly and include a plurality of mutually adjacent piezoelectric active imaging transducer elements for transmitting and receiving ultrasonic waves, as will be understood by one having skill in the field of the present invention. However, while the two linear transducer arrays 14, 16 are described and depicted as arranged in a "T" configuration, it is contemplated that any arrangement placing arrays 14, 16 in mutually perpendicular relationship is suitable and encompassed by the present invention”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the ultrasound system of Peyman modified by Stringer and Xu by including wherein the angle is at least 90 degrees, as disclosed by Stringer. One of ordinary skill in the art would have been motivated to make this modification in order to provide the ability to quickly and easily image blood vessels in both the longitudinal and transverse planes, as recognized by Stringer (see, e.g., Para. [0008] and [0029]).
Regarding claim 3, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 1, as set forth above. Peyman does not specifically disclose wherein the second transducer array is linear, curved, phased, microconvex, single row, 1.25D multi row, 1.5D multi row, 1.75D multi row, or 2D matrix and wherein the third transducer array is linear, curved, phased, microconvex, single row, 1.25D multi row, 1.5D multi row, 1.75D multi row, or 2D matrix.
However, in the same field of endeavor of ultrasound imaging, Stringer discloses wherein the second transducer array (Fig. 1A: transducer array 14) is linear, curved, phased, microconvex, single row, 1.25D multi row, 1.5D multi row, 1.75D multi row, or 2D matrix, and wherein the third transducer array (Fig. 1A: transducer array 16) is linear, curved, phased, microconvex, single row, 1.25D multi row, 1.5D multi row, 1.75D multi row, or 2D matrix (see, e.g., Para. [0008], “The apparatus of the invention comprises a sensor assembly including two ultrasonic, linear transducer arrays each comprising a plurality of active imaging transducer elements, the arrays being oriented perpendicular to each other to form a "T" configuration and carried by a housing. The 90.degree. relative orientation of the array axes provide the ability to quickly and easily image blood vessels in both the longitudinal and transverse planes”, and Para. [0029], “FIG. 1 comprises a schematic illustration of a sensor assembly 10 in accordance with the present invention. The sensor assembly 10 includes a housing 12 containing a first linear, ultrasonic elongated cross-sectional or transverse transducer array 14 and a second linear, ultrasonic elongated longitudinal transducer array 16, which arrays 14 and 16 are placed perpendicular to one another…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the ultrasound system of Peyman modified by Stringer and Xu by including wherein the second transducer array is linear, and wherein the third transducer array is linear, as disclosed by Stringer. One of ordinary skill in the art would have been motivated to make this modification in order to provide the ability to quickly and easily image blood vessels in both the longitudinal and transverse planes, as recognized by Stringer (see, e.g., Para. [0008] and [0029]).
Regarding claim 5, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 1, as set forth above. Peyman further discloses wherein the computing and imaging device uses imaging data from the second transducer array and the third transducer array to determine characteristics of a response near the location of the target to the acoustic beam generated by the first transducer array (see, e.g., Para. [0070], “The ultrasonic array provides specific three-dimensional (3-D) information relating to the eye and precise volumetric information relating to structures associated therewith, such as a tumor, prior, during and/or after treatment. The ultrasonic array can also be combined with a therapeutic ultrasonic unit for real-time 3-D observation of a structure on a monitor during the treatment, e.g., treatment of a lesion as a single procedure”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”, and Para. [0119], “This permits not only precise localization of the treatment area, but also provides real-time information, such as degree of thermal effect, coagulation of tissue and achieved shrinkage of the treated area. This also allows an operator to adjust the location and/or power of the beam transmitted by the therapeutic probe 50”).
Regarding claim 6, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 1, as set forth above. Peyman further discloses wherein the computing and imaging device uses imaging data from the second transducer array and the third transducer array to determine physical changes in the target (see, e.g., Para. [0070], “The ultrasonic array provides specific three-dimensional (3-D) information relating to the eye and precise volumetric information relating to structures associated therewith, such as a tumor, prior, during and/or after treatment. The ultrasonic array can also be combined with a therapeutic ultrasonic unit for real-time 3-D observation of a structure on a monitor during the treatment, e.g., treatment of a lesion as a single procedure”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”, and Para. [0119], “This permits not only precise localization of the treatment area, but also provides real-time information, such as degree of thermal effect, coagulation of tissue and achieved shrinkage of the treated area. This also allows an operator to adjust the location and/or power of the beam transmitted by the therapeutic probe 50”).
Regarding claim 7, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 1, as set forth above. Peyman further discloses the system further comprising one or more additional transducer arrays, wherein the second transducer array, the third transducer array, and the one or more additional transducer arrays are imaging transducer arrays (see, e.g., Figs. 10-11, and Para. [0083], “As illustrated in FIGS. 10 and 11, in an alternative embodiment of the invention, an imaging array 43, having a plurality of imaging probes 45a-45f are employed to generate and transmit the 3-D ultrasonic energy”).
Regarding claim 8, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 7, as set forth above. Peyman further discloses wherein fields of view of the second transducer array, the third transducer array, and the one or more additional transducer arrays overlap in a region of interest that comprises the target (see, e.g., Figs. 1A-1B and 10-11, and Para. [0082], “As illustrated in FIG. 1, in certain embodiments, the energy transmitting surface 42 of the imaging probe 40 (see also FIGS. 8 and 9) preferably covers an area equal to the largest diameter of an eye 100”, and Para. [0083], “As illustrated in FIGS. 10 and 11, in an alternative embodiment of the invention, an imaging array 43, having a plurality of imaging probes 45a-45f are employed to generate and transmit the 3-D ultrasonic energy”).
Regarding claim 9, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 1, as set forth above. Peyman further discloses wherein the second transducer array and the third transducer array have elevation foci matched to a target depth of the acoustic beam generated by the first transducer array or to known landmarks of the target (see, e.g., Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”).
Regarding claim 10, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 1, as set forth above. Peyman further discloses wherein the second transducer array and third transducer array are arranged across a face of the first transducer array (see, e.g., Figs. 1A-1B, and Para. [0071], “Referring now to FIGS. 1A and 2, there is shown one embodiment of an ultrasonic scanning apparatus 10A of the invention. As illustrated in FIG. 1A, the apparatus 10A includes a housing 20 and a linear translation rod 22. The apparatus further includes one embodiment of an ultrasonic transmission assembly 30 comprising an assembly support member 31, and an ultrasonic imaging probe 40 and therapeutic probe 50 that are connectable thereto”, and Para. [0077], “the imaging probe 40 comprises an array of ultrasonic crystals that function as an emitter and receiver of ultrasonic energy, i.e. a three-dimensional (3D) ultrasonic array. In a preferred embodiment of the invention, the imaging probe (or 3D transducer) 40 includes means for redirecting or angulating the transmitted ultrasonic energy or beam(s) 12a, 12b”, and Para. [0078], “the imaging probe 40 includes at least two transducer arrays 41a, 41b and at least one prism 41C that is adapted to redirect or, more preferable, angulate one of the ultrasonic beams 12a or 12b (when disposed in the path thereof) to provide stereoscopic viewing of a structure. In a preferred embodiment, the imaging probe 40 also includes means for linear translation of the prism 41 in a substantially horizontal plane in the directions denoted by Arrows B.sub.1 and B.sub.2 to vary the degree of angulation and, hence, focus the beams 12b, i.e. beams 12a, 12b crossing or intersecting at a desired focal point”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”).
Regarding claim 11, Peyman modified by Stringer and Xu discloses the ultrasound system of claim 1, as set forth above. Peyman further discloses the system further comprising one or more additional transducer arrays arranged at one or more angles to each other (see, e.g., Para. [0083], “As illustrated in FIGS. 10 and 11, in an alternative embodiment of the invention, an imaging array 43, having a plurality of imaging probes 45a-45f are employed to generate and transmit the 3-D ultrasonic energy”, and Fig. 11, where the plurality of imaging probes 45a-45f are additional arrays shown to be arranged at angles to one another).
Claims 12, 14, 16-17, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Peyman et al. (US 2012/0089021 A1, of record, hereinafter Peyman) in view of Xu et al. (US 2022/0175340 A1, of record, hereinafter Xu).
Regarding claim 12, Peyman discloses a method comprising:
generating one or more acoustic beams (Figs. 1A-1B: generated therapeutic beam 14 and beams 12a, 12b) directed at a target (Figs. 1A-1B: eye 100) with one or more of a first transducer array (Figs. 1A-1B: therapeutic probe 50), a second transducer array (Figs. 1A-1B: transducer array 41a of ultrasonic imaging probe 40), and a third transducer array (Figs. 1A-1B: transducer array 41b of ultrasonic imaging probe 40), of an ultrasound system (Figs. 1A-1B: ultrasonic scanning apparatus 10A) (see, e.g., Figs. 1A-1B, and Para. [0071], “Referring now to FIGS. 1A and 2, there is shown one embodiment of an ultrasonic scanning apparatus 10A of the invention. As illustrated in FIG. 1A, the apparatus 10A includes a housing 20 and a linear translation rod 22. The apparatus further includes one embodiment of an ultrasonic transmission assembly 30 comprising an assembly support member 31, and an ultrasonic imaging probe 40 and therapeutic probe 50 that are connectable thereto”, and Para. [0077], “the imaging probe 40 comprises an array of ultrasonic crystals that function as an emitter and receiver of ultrasonic energy, i.e. a three-dimensional (3D) ultrasonic array”, and Para. [0078], “the imaging probe 40 includes at least two transducer arrays 41a, 41b and at least one prism 41C that is adapted to redirect or, more preferable, angulate one of the ultrasonic beams 12a or 12b (when disposed in the path thereof) to provide stereoscopic viewing of a structure”, and Para. [0084], “therapeutic probe 50 is preferably adapted to transmit focused therapeutic energy to target cells beneath a surface”, and Para. [0085], “the therapeutic probe 50 comprises a therapeutic ultrasound probe that is adapted to transmit pulsed ultrasonic energy to target organs or cells. The pulsed waves of ultrasonic energy preferably converge in a confined focal volume, whereby a treatment of a biological structure or tissue can be achieved”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”); and
receiving, at the second transducer array (41a) and the third transducer array (41b), reflected ultrasound that results from reflections of the one or more acoustic beams (14, 12a, 12b) (see, e.g., Para. [0077], “In a preferred embodiment of the invention, the imaging probe 40 comprises an array of ultrasonic crystals that function as an emitter and receiver of ultrasonic energy, i.e. a three-dimensional (3D) ultrasonic array. In a preferred embodiment of the invention, the imaging probe (or 3D transducer) 40 includes means for redirecting or angulating the transmitted ultrasonic energy or beam(s) 12a, 12b”).
Peyman does not specifically disclose [1] determining time-of-flight data for at least one of the one or more acoustic beams based on the receiving of the reflected ultrasound; [2] generating, by a computing and imaging device of the ultrasound system, beam steering data using the time-of-flight data and image fusion with images generated by an additional imaging device; and [3] adjusting, by the computing and imaging device and using the beam steering data, an acoustic beam generated by the first transducer array.
However, in the same field of endeavor of ultrasound imaging, Xu discloses determining time-of-flight data for at least one of the one or more acoustic beams based on the receiving of the reflected ultrasound; generating, by a computing and imaging device of the ultrasound system, beam steering data using the time-of-flight data and image fusion with images generated by an additional imaging device; and adjusting, by the computing and imaging device and using the beam steering data, an acoustic beam generated by the first transducer array (see, e.g., Para. [0087], “The present wearable monitoring device with phased array control, in some implementations, can electronically steer the beam to the desired vessels automatically without changing the physical positions of the transducer, allowing beam alignment with the vessel. An optical fiber may be employed to precisely map the three-dimensional coordinates of each transducer in the array. The transducer coordinates may be then be used to design the time delay profile for the phased array”, and Para. [0088], “One illustrative control algorithm for achieving automatic beam alignment with the phased array controls each ultrasonic transducer element independently. By adjusting the time-delay of activating each element or pixel in the array, constructive ultrasonic interference patterns can be achieved with presumably any location and tilting angles. To achieve the maximum response, vessel depth and its orientation relative to the transducers can be determined by an algorithm rather than a brute-force search. Vessel depth can be identified by the time of flight measurement in the perpendicular direction of each sensor. The orientation alignment can be achieved by comparing the maximum position in one direction with different columns. The beam steering and alignment procedure using calculated parameters requires highly accurate time domain measurement and control”, and Para. [0116], “phased array receive beamforming takes into account the signals received by all transducers in the array and their phase differences, and then adds up the signals to reconstruct a stronger echo with a higher SNR”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Peyman by including [1] determining time-of-flight data for at least one of the one or more acoustic beams based on the receiving of the reflected ultrasound; [2] generating, by a computing and imaging device of the ultrasound system, beam steering data using the time-of-flight data and image fusion with images generated by an additional imaging device; and [3] adjusting, by the computing and imaging device and using the beam steering data, an acoustic beam generated by the first transducer array, as disclosed by Xu. One of ordinary skill in the art would have been motivated to make this modification in order to desirably allow beam alignment with the vessel, as recognized by Xu (see, e.g., Para. [0087-0088]).
Regarding claim 14, Peyman modified by Xu discloses the method of claim 12, as set forth above. Peyman further discloses wherein fields of view of the second transducer array (Figs. 1A-1B: transducer array 41a of ultrasonic imaging probe 40) and the third transducer array (Figs. 1A-1B: transducer array 41b of ultrasonic imaging probe 40) overlap in a region of interest that comprises the target (Figs. 1A-1B: eye 100) (see, e.g., Figs. 1A-1B, and Para. [0082], “As illustrated in FIG. 1, in certain embodiments, the energy transmitting surface 42 of the imaging probe 40 (see also FIGS. 8 and 9) preferably covers an area equal to the largest diameter of an eye 100”).
Regarding claim 16, Peyman modified by Xu discloses the method of claim 12, as set forth above. Peyman further discloses the method further comprising moving the second transducer array (Figs. 1A-1B: transducer array 41a of ultrasonic imaging probe 40) and the third transducer array (Figs. 1A-1B: transducer array 41b of ultrasonic imaging probe 40) (see, e.g., Figs. 1A-1B, and Para. [0071], “Referring now to FIGS. 1A and 2, there is shown one embodiment of an ultrasonic scanning apparatus 10A of the invention. As illustrated in FIG. 1A, the apparatus 10A includes a housing 20 and a linear translation rod 22”, and Para. [0073], “In a preferred embodiment of the invention, the apparatus rod 22 is designed and adapted to support the ultrasonic transmission assembly 30 and effectuate linear translation thereof in the directions denoted by Arrows A.sub.1 and A.sub.2”, and Para. [0075], “linear translation of the assembly 30 is controlled by the apparatus control system (denoted "74" in FIG. 12) and is, in one embodiment, dependant on the focal point and the distance from the treatment area to the probe 40. In some embodiments, control of the linear translation of the assembly 30 is also dependant on the frequency of the ultrasound energy employed”).
Regarding claim 17, Peyman discloses a method comprising:
generating, one or more acoustic beams (Figs. 1A-1B: generated therapeutic beam 14 and beams 12a, 12b) directed at a target (Figs. 1A-1B: eye 100) with one or more of a first transducer array (Figs. 1A-1B: therapeutic probe 50), a second transducer array (Figs. 1A-1B: transducer array 41a of ultrasonic imaging probe 40), and a third transducer array (Figs. 1A-1B: transducer array 41b of ultrasonic imaging probe 40), of an ultrasound system (Figs. 1A-1B: ultrasonic scanning apparatus 10A) (see, e.g., Figs. 1A-1B, and Para. [0071], “Referring now to FIGS. 1A and 2, there is shown one embodiment of an ultrasonic scanning apparatus 10A of the invention. As illustrated in FIG. 1A, the apparatus 10A includes a housing 20 and a linear translation rod 22. The apparatus further includes one embodiment of an ultrasonic transmission assembly 30 comprising an assembly support member 31, and an ultrasonic imaging probe 40 and therapeutic probe 50 that are connectable thereto”, and Para. [0077], “the imaging probe 40 comprises an array of ultrasonic crystals that function as an emitter and receiver of ultrasonic energy, i.e. a three-dimensional (3D) ultrasonic array”, and Para. [0078], “the imaging probe 40 includes at least two transducer arrays 41a, 41b and at least one prism 41C that is adapted to redirect or, more preferable, angulate one of the ultrasonic beams 12a or 12b (when disposed in the path thereof) to provide stereoscopic viewing of a structure”, and Para. [0084], “therapeutic probe 50 is preferably adapted to transmit focused therapeutic energy to target cells beneath a surface”, and Para. [0085], “the therapeutic probe 50 comprises a therapeutic ultrasound probe that is adapted to transmit pulsed ultrasonic energy to target organs or cells. The pulsed waves of ultrasonic energy preferably converge in a confined focal volume, whereby a treatment of a biological structure or tissue can be achieved”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”);
receiving, at the second transducer array (41a) and the third transducer array (41b), reflected ultrasound that results from reflections of the one or more acoustic beams (14, 12a, 12b) (see, e.g., Para. [0077], “In a preferred embodiment of the invention, the imaging probe 40 comprises an array of ultrasonic crystals that function as an emitter and receiver of ultrasonic energy, i.e. a three-dimensional (3D) ultrasonic array. In a preferred embodiment of the invention, the imaging probe (or 3D transducer) 40 includes means for redirecting or angulating the transmitted ultrasonic energy or beam(s) 12a, 12b”);
generating imaging data for fields of view of the second transducer array (41a) and the third transducer array (41b) based on the receiving of the reflected ultrasound (see, e.g., Para. [0098], “In a preferred embodiment of the invention, the processor 72 is adapted to receive and process image signals transmitted by the imaging probe 76. The processor 72 is further adapted to generate 3-D images or representations of the scanned biological structure or tissue from the received image signals”); and
determining, by a computing and imaging device of the ultrasound system, one or more of characteristics of response to one of the one or more acoustic beams and physical changes in the target (see, e.g., Para. [0070], “The ultrasonic array provides specific three-dimensional (3-D) information relating to the eye and precise volumetric information relating to structures associated therewith, such as a tumor, prior, during and/or after treatment. The ultrasonic array can also be combined with a therapeutic ultrasonic unit for real-time 3-D observation of a structure on a monitor during the treatment, e.g., treatment of a lesion as a single procedure”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”, and Para. [0119], “This permits not only precise localization of the treatment area, but also provides real-time information, such as degree of thermal effect, coagulation of tissue and achieved shrinkage of the treated area. This also allows an operator to adjust the location and/or power of the beam transmitted by the therapeutic probe 50”).
Peyman does not specifically disclose [1] generating, by the computing and imaging device of the ultrasound system, beam adjustments for an acoustic beam generated by the first transducer array based on either or both of the determined characteristics of the response to the acoustic beam generated by the first transducer array and the determined physical changes in the target; and [2] adjusting, by the computing and imaging device, the acoustic beam generated by the first transducer array based on the beam adjustments.
However, in the same field of endeavor of ultrasound imaging, Xu discloses generating, by the computing and imaging device of the ultrasound system, beam adjustments for an acoustic beam generated by the first transducer array based on either or both of the determined characteristics of the response to the acoustic beam generated by the first transducer array and the determined physical changes in the target; and adjusting, by the computing and imaging device, the acoustic beam generated by the first transducer array based on the beam adjustments (see, e.g., Para. [0087], “The present wearable monitoring device with phased array control, in some implementations, can electronically steer the beam to the desired vessels automatically without changing the physical positions of the transducer, allowing beam alignment with the vessel. An optical fiber may be employed to precisely map the three-dimensional coordinates of each transducer in the array. The transducer coordinates may be then be used to design the time delay profile for the phased array”, and Para. [0088], “One illustrative control algorithm for achieving automatic beam alignment with the phased array controls each ultrasonic transducer element independently. By adjusting the time-delay of activating each element or pixel in the array, constructive ultrasonic interference patterns can be achieved with presumably any location and tilting angles. To achieve the maximum response, vessel depth and its orientation relative to the transducers can be determined by an algorithm rather than a brute-force search. Vessel depth can be identified by the time of flight measurement in the perpendicular direction of each sensor. The orientation alignment can be achieved by comparing the maximum position in one direction with different columns. The beam steering and alignment procedure using calculated parameters requires highly accurate time domain measurement and control”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Peyman by including [1] generating, by the computing and imaging device of the ultrasound system, beam adjustments for an acoustic beam generated by the first transducer array based on either or both of the determined characteristics of the response to the acoustic beam generated by the first transducer array and the determined physical changes in the target; and [2] adjusting, by the computing and imaging device, the acoustic beam generated by the first transducer array based on the beam adjustments, as disclosed by Xu. One of ordinary skill in the art would have been motivated to make this modification in order to desirably allow beam alignment with the vessel, as recognized by Xu (see, e.g., Para. [0087-0088]).
Regarding claim 20, Peyman modified by Xu discloses the method of claim 17, as set forth above. Peyman further discloses wherein the determined physical changes in the target comprise one or more of movement of the target and changes to a material of the target (see, e.g., Para. [0070], “The ultrasonic array provides specific three-dimensional (3-D) information relating to the eye and precise volumetric information relating to structures associated therewith, such as a tumor, prior, during and/or after treatment. The ultrasonic array can also be combined with a therapeutic ultrasonic unit for real-time 3-D observation of a structure on a monitor during the treatment, e.g., treatment of a lesion as a single procedure”, and Para. [0087], “the therapeutic probe 50 is adapted to transmit pulsed acoustic energy or waves at an angle relative to the axis of the probe 50, whereby the generated therapeutic beam 14 is focused inside the beam paths 12a, 12b of the 3-D imaging probe 40, which, as illustrated in FIG. 1, is preferably perpendicular to the tissue. This permits the focal point of the therapeutic beam 14 to be observed by the 3-D imaging probe 40”, and Para. [0119], “This permits not only precise localization of the treatment area, but also provides real-time information, such as degree of thermal effect, coagulation of tissue and achieved shrinkage of the treated area. This also allows an operator to adjust the location and/or power of the beam transmitted by the therapeutic probe 50”).
Regarding claim 21, Peyman modified by Xu discloses the method of claim 17, as set forth above. Peyman further discloses the method further comprising moving the second transducer array (Figs. 1A-1B: transducer array 41a of ultrasonic imaging probe 40) and the third transducer array (Figs. 1A-1B: transducer array 41b of ultrasonic imaging probe 40) (see, e.g., Figs. 1A-1B, and Para. [0071], “Referring now to FIGS. 1A and 2, there is shown one embodiment of an ultrasonic scanning apparatus 10A of the invention. As illustrated in FIG. 1A, the apparatus 10A includes a housing 20 and a linear translation rod 22”, and Para. [0073], “In a preferred embodiment of the invention, the apparatus rod 22 is designed and adapted to support the ultrasonic transmission assembly 30 and effectuate linear translation thereof in the directions denoted by Arrows A.sub.1 and A.sub.2”, and Para. [0075], “linear translation of the assembly 30 is controlled by the apparatus control system (denoted "74" in FIG. 12) and is, in one embodiment, dependant on the focal point and the distance from the treatment area to the probe 40. In some embodiments, control of the linear translation of the assembly 30 is also dependant on the frequency of the ultrasound energy employed”).
Claims 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Peyman (US 2012/0089021 A1) in view of Xu (US 2022/0175340 A1), as applied to independent claims 12 and 17 above, and further in view of Stringer et al. (US 2003/0149366 A1, of record, hereinafter Stringer).
Regarding claims 13 and 18, Peyman modified by Xu discloses the methods of claims 12 and 17, respectively, as set forth above. Peyman modified by Xu does not specifically disclose wherein the second transducer array is arranged at an angle to the third transducer array such that azimuthal data of the second transducer array is used to locate an elevational direction of the third transducer array, and azimuthal data of the third transducer array is used to locate an elevational direction of the second transducer array.
However, in the same field of endeavor of ultrasound imaging, Stringer discloses wherein the second transducer array (Fig. 1A: transducer array 14) is arranged at an angle to the third transducer array (Fig. 1A: transducer array 16) (see, e.g., Fig. 1A, and Para. [0008], “The apparatus of the invention comprises a sensor assembly including two ultrasonic, linear transducer arrays each comprising a plurality of active imaging transducer elements, the arrays being oriented perpendicular to each other to form a "T" configuration and carried by a housing. The 90.degree. relative orientation of the array axes provide the ability to quickly and easily image blood vessels in both the longitudinal and transverse planes”, and Para. [0029], “FIG. 1 comprises a schematic illustration of a sensor assembly 10 in accordance with the present invention. The sensor assembly 10 includes a housing 12 containing a first linear, ultrasonic elongated cross-sectional or transverse transducer array 14 and a second linear, ultrasonic elongated longitudinal transducer array 16, which arrays 14 and 16 are placed perpendicular to one another. Transducer arrays 14 and 16 as assembled with housing 12 form a "T" shape and are employed to obtain ultrasonic images of potential target blood vessels simultaneously in both the transverse and longitudinal planes. Transducer array 14 defines the head of the "T", while transducer array 16 defines the body thereof. Transducer arrays 14 and 16 each extend linearly and include a plurality of mutually adjacent piezoelectric active imaging transducer elements for transmitting and receiving ultrasonic waves, as will be understood by one having skill in the field of the present invention. However, while the two linear transducer arrays 14, 16 are described and depicted as arranged in a "T" configuration, it is contemplated that any arrangement placing arrays 14, 16 in mutually perpendicular relationship is suitable and encompassed by the present invention”).
Examiner notes that paragraph [0023] of Applicant’s filed specification sets forth “Placing imaging transducer arrays at angles to one another may allow the azimuthal data from one imaging transducer array to be used to locate the elevational direction of another imaging transducer array, and vice versa. The angle used may be, for example, 90 degrees, though other angles, for example, greater than 0 degrees and less than 180 degrees, may be used when there is more than one imaging transducer array or a single imaging transducer array with transducer elements grouped into an angled or curved shape” (emphasis added). It would seem to follow that if you have a reference teaching that imaging transducer arrays are arranged at a, for example, 90 degree angle to one another, such as Stringer as set forth above, in a similar arrangement as set forth in Applicant’s specification, then such an arrangement of imaging transducer arrays would allow azimuthal data from one imaging array “to be used” to locate the elevational direction of another imaging array. Examiner further notes that claim 1 at least does not seem to positively set forth that processing is further performed to actually locate the elevational direction, so for claim 1, it appears that as long as the above arrangement (imaging transducer arrays are arranged at a, for example, 90 degree angle to one another) is met by the prior art (such as Stringer as set forth above), then the intended use of the transducers arrays to locate the elevational direction as claimed is also met.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Peyman modified by Xu by including wherein the second transducer array is arranged at an angle to the third transducer array such that azimuthal data of the second transducer array is used to locate an elevational direction of the third transducer array, and azimuthal data of the third transducer array is used to locate an elevational direction of the second transducer array, as disclosed by Stringer. One of ordinary skill in the art would have been motivated to make this modification in order to provide the ability to quickly and easily image blood vessels in both the longitudinal and transverse planes, as recognized by Stringer (see, e.g., Para. [0008] and [0029]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Peyman (US 2012/0089021 A1) in view of Xu (US 2022/0175340 A1), as applied to independent claim 17 above, and further in view of Unger et al. (US Patent 5,558,092 A, of record, hereinafter Unger).
Regarding claim 19, Peyman modified by Xu discloses the method of claim 17, as set forth above. Peyman modified by Xu does not specifically disclose wherein the response to the first acoustic beam results in cavitation.
However, in the same field of endeavor of ultrasound imaging and therapy, Unger discloses wherein the response to the first acoustic beam results in cavitation (see, e.g., Col. 2, lines 63-67 and Col. 3, lines 1-9, “The ultrasonic transducer assembly of the present invention is capable of performing diagnostic ultrasound in a region of a patient simultaneously with the application of therapeutic ultrasonic waves to that region. The ultrasonic transducer assembly of the present invention can be used in a wide variety of therapeutic applications, including hyperthermia, cavitation and the like. The ultrasonic transducer assembly of the present invention is particularly advantageous for carrying out ultrasonic imaging of vesicles administered to a region of a patient simultaneously with the application of therapeutic ultrasonic waves in order to rupture the vesicles for purposes, such as, for example, the targeted release of a bioactive agent combined with the vesicles”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method of Peyman modified by Xu by including wherein the response to the first acoustic beam results in cavitation, as disclosed by Unger. One of ordinary skill in the art would have been motivated to make this modification in order to desirably provide ultrasonic transducer assembly capable of performing diagnostic ultrasound in a region of a patient simultaneously with the desired application of therapeutic ultrasonic waves to that region, as recognized by Unger (see, e.g., Col. 2, lines 63-67 and Col. 3, lines 1-9).
Response to Arguments
Applicant's arguments, see Remarks filed 04/01/2026, have been fully considered but they are not persuasive.
Regarding the rejections of record under 35 U.S.C. 103 of the independent claims, Applicant argues that Peyman and Stringer do not disclose or suggest “…uses time-of-flight data determined from the second transducer array and the third transducer array and image fusion with images generated by an additional imaging device to generate beam steering data for the acoustic beam generated by the first transducer array” of independent claim 1; and that Peyman and Xu do not disclose or suggest “generating… beam steering data using the time-of-flight data and image fusion with images generated by an additional imaging device” of independent claim 12.
Examiner respectfully disagrees and emphasizes that the combination of Peyman modified by Stringer and Xu discloses each and every feature of the independent claim 1, as set forth above; and that Peyman modified by Xu discloses each and every feature of the independent claim 12, as set forth above.
Examiner emphasizes that Xu specifically discloses generating beam steering data using the time-of-flight data and image fusion with images generated by an additional imaging device (see, e.g., Para. [0087], “The present wearable monitoring device with phased array control, in some implementations, can electronically steer the beam to the desired vessels automatically without changing the physical positions of the transducer, allowing beam alignment with the vessel. An optical fiber may be employed to precisely map the three-dimensional coordinates of each transducer in the array. The transducer coordinates may be then be used to design the time delay profile for the phased array”, and Para. [0088], “One illustrative control algorithm for achieving automatic beam alignment with the phased array controls each ultrasonic transducer element independently. By adjusting the time-delay of activating each element or pixel in the array, constructive ultrasonic interference patterns can be achieved with presumably any location and tilting angles. To achieve the maximum response, vessel depth and its orientation relative to the transducers can be determined by an algorithm rather than a brute-force search. Vessel depth can be identified by the time of flight measurement in the perpendicular direction of each sensor. The orientation alignment can be achieved by comparing the maximum position in one direction with different columns. The beam steering and alignment procedure using calculated parameters requires highly accurate time domain measurement and control”, and Para. [0116], “phased array receive beamforming takes into account the signals received by all transducers in the array and their phase differences, and then adds up the signals to reconstruct a stronger echo with a higher SNR”), as further set forth in each of the rejections provided above.
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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/T.D./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798
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