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
.
Priority
Acknowledgment is made that this application is a continuation of parent application 17/522,206 (USPN 12019155) which is a continuation of 17/153,631 (USPN 11199623).
Information Disclosure Statement
While it is not necessary for the Applicant to submit an information disclosure statement that lists the prior art reference(s) previously cited and considered by the Office in the parent application for the latter filed continuing application claiming the benefit under 35 U.S.C. 120 to said parent application (other than an international application that designated the U.S.), the information will not be printed on any patent issuing from the continuing application unless cited by the Applicant on an IDS or by the Examiner on a PTO-892 for the present application. See MPEP § 609.02. The Examiner has reviewed the reference(s) of the parent application(s).
Claim Objections
Claim(s) 7-12, 14, and 19-21 is/are objected to because of the following informalities:
As to claim(s) 7-9, 12, 14, 19,
“doppler” is objected to as lacking capitalization as the term is derived from the proper name Christian “Doppler” and is therefore a proper adjective.
Dependent claim(s) of objected to claim(s) is/are likewise objected to.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Instant claim(s) 2-21 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over reference patented claim(s) 1-19 of U.S. Patent No. 11199623.
Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons put forth in the table below:
One-Way Double Patenting Analysis Table
18/751,986
(instant)
US 11199623 B2 (reference)
Obviousness Analysis of instant claim over reference claim
2
1
An imaging device comprising (An imaging device): a transducer comprising an array of piezoelectric elements that are formed on a substrate (a transducer comprising an array of piezoelectric elements formed on a substrate) and acoustically isolated from each other (wherein adjacent piezoelectric elements are isolated acoustically from each other) by at least one channel positioned between adjacent piezoelectric elements (wherein isolation between piezoelectric elements is achieved by at least one trench positioned between piezoelectric elements to isolate interaction between piezoelectric elements), each piezoelectric element comprising a diaphragm suspended from the substrate (each piezoelectric element comprising: at least one membrane suspended from the substrate), a bottom electrode disposed on the diaphragm (at least one bottom electrode disposed on the membrane), a piezoelectric layer disposed on the bottom electrode (at least one piezoelectric layer disposed on the bottom electrode), and a top electrode disposed on the piezoelectric layer (and at least one top electrode disposed on the at least one piezoelectric layer); and impedance matching first and second materials covering the substrate and the diaphragm (an impedance matching material that covers the substrate and membrane), the first material beneath the diaphragm having a different acoustic impedance compared to the second material in a remainder of the substrate (a material under the membrane being made with a different acoustic impedance compared to a material in the remaining part of the substrate).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
3
2
The imaging device of Claim 2 (The imaging device of claim 1), wherein the substrate is thinned to hinder crosstalk between adjacent piezoelectric elements (wherein the substrate is thinned to obstruct cross talk between adjacent piezoelectric elements).
4
3
The imaging device of Claim 2 (The imaging device of claim 1), further comprising an application specific integrated circuit (ASIC) and a backing layer disposed on an ASIC-facing surface of the transducer (further comprising: an application specific integrated circuit (ASIC), and a backing layer disposed on a surface of the transducer facing the ASIC).
5
4
The imaging device of Claim 2 (The imaging device of claim 1), wherein each piezoelectric element is configured to exhibit a plurality of vibration modes (wherein each piezoelectric element is configured to exhibit a plurality of modes of vibration).
6
5
The imaging device of Claim 2 (The imaging device of claim 1), wherein each piezoelectric element is configured to be placed first in a transmit mode and then subsequently in a receive mode to receive echoes from the transmit mode (wherein each piezoelectric element is configured to be first placed into transmit mode and subsequently placed into receive mode to receive echoes from the transmit mode).
7
6
The imaging device of Claim 2 (The imaging device of claim 1), wherein a first piezoelectric element of the array of piezoelectric elements is configured to be in a transmit mode continuously and a second piezoelectric element of the array is configured to be in a receive mode continuously to enable continuous wave (CW) doppler imaging (wherein a first piezoelectric element of the array is configured to be continuously in transmit mode while a second piezoelectric element of the array is configured to be continuously in receive mode to enable continuous wave (CW) Doppler imaging).
8
7
The imaging device of Claim 2 (The imaging device of claim 1), further comprising a controller configured to implement an imaging mode, wherein the imaging mode is at least one of A-scan, B-scan, C- scan, or doppler imaging (further comprising a controller configured to implement an imaging mode, wherein the imaging mode is at least one of an A scan, B scan, C scan, or Doppler imaging).
9
8
The imaging device of Claim 8 (The imaging device of claim 7), wherein the controller is configured to electronically adjust an acoustic output power emitted from at least some of the piezoelectric elements such that the imaging device uses a same number of power supplies for the doppler imaging mode and the B-scan imaging mode (wherein a same number of power supplies are used for the Doppler modes and B-modes by electronically adjusting, with the controller, acoustic power transmitted from at least a portion of the array of piezoelectric elements).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
10
9
The imaging device of Claim 9 (The imaging device of claim 8), wherein each piezoelectric element is configured to emit a different amount of the acoustic output power based on a changing amount of multi-level transmit pulsar output (wherein power from each piezoelectric element is configured to be adjusted by using appropriate levels of a multilevel transmit pulsar output).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
11
10
The imaging device of Claim 10 (The imaging device of claim 9), wherein each piezoelectric element is configured to emit a different amount of the acoustic output power based on a changing number of piezoelectric elements participating in a transmission (where acoustic output power is configured to be adjustable by electronically adjusting the number of elements participating in the transmission).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
12
11
The imaging device of Claim 8 (The imaging device of claim 7), wherein the imaging device is configured to maintain a particular acoustic output power level, maintain a particular mechanical index, and use a same number of power supplies for both the doppler imaging mode and the B-scan imaging mode (wherein the B-modes and Doppler modes maintain a specific acoustic power level and a specific mechanical index while using same power supplies for imaging modes).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
13
12
The imaging device of Claim 2 (The imaging device of claim 1), further comprising a steering structure configured to steer beams in 3D space (further comprising steering structure for beam steering capability in 3D space).
14
13
The imaging device of Claim 2 (The imaging device of claim 1), further comprising a steering structure configured to steer beams in 3D space and optimize a doppler angle for better signal visualization (further comprising steering structure for beam steering in 3D space to optimize a Doppler angle for better signal visualization).
15
14
The imaging device of Claim 2, wherein at least one piezoelectric element of the array of piezoelectric elements comprises at least a first sub-element configured to be in transmit mode continuously and a second sub-element configured to be in receive mode continuously (wherein at least one piezoelectric element includes at least two sub-elements that are enabled such that a first sub-element can transmit while a second sub-element can receive).
While reference claim 14 is silent to continuously, the Examiner takes Official Notice that continuous wave mode is conventional in the art, and that either one of ordinary skill in the art at the time the reference invention was effectively filed would at once envisaged that the claimed enablement of a first sub-element to transmit and a second sub-element to receive is reasonably inclusive of continuous wave mode, or nevertheless, or in the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the conventional configuration of continuous wave mode and thereby include a conventional mode that usefully enables continuous imaging as is well-known in the art.
16
15
The imaging device of Claim 2 (The imaging device of claim 1), further comprising circuitry configured to change one or more of an azimuth focus, an elevation focus, or an aperture size of the imaging device (further comprising circuitry to alter one or more of azimuth focus, elevation focus, or aperture size of the imaging device).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
17
16
The imaging device of Claim 2 (The imaging device of claim 1), further comprising: a portable housing, the transducer being within the portable housing (a portable housing, the transducer within the portable housing); an application specific integrated circuit (ASIC) within the portable housing (an application specific integrated circuit (ASIC) within the portable housing); and a controller coupled to the ASIC (a controller connectively coupled to the ASIC), wherein the controller is configured to implement an imaging mode by (wherein the controller is to implement an imaging mode by): selecting a predetermined first plurality of piezoelectric elements from the array of piezoelectric elements for transmitting signals to form transmit channels associated with the imaging mode (selecting a predetermined first plurality of piezoelectric elements from the array of piezoelectric elements to transmit signals to form a transmit channel associated with the imaging mode); selecting a predetermined second plurality of piezoelectric elements from the array of piezoelectric elements for receiving signals from the array of piezoelectric elements to form receive channels associated with the imaging mode (selecting a predetermined second plurality of piezoelectric elements from the array of piezoelectric elements to receive signals to form a receive channel associated with the imaging mode); and forming a frame from a plurality of scan lines obtained with the imaging mode (forming a frame from a plurality of scan lines obtained with the imaging mode), wherein the imaging mode switches to a different mode or remains the same after the frame is completed (wherein the imaging mode remains same or is switched to a different mode alter the frame is completed).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
18
17
An image device (An imaging device) comprising; an acoustic transducer comprising an array of transducer elements that are formed on a substrate (an acoustic transducer that includes an array of transducer elements formed on a substrate) and acoustically isolated from each other (wherein adjacent transducer elements are isolated acoustically from each other), each transducer element comprising (each transducer element comprising) a diaphragm suspended from the substrate (at least one membrane suspended from the substrate), a bottom electrode (at least one bottom electrode), a top electrode disposed over the diaphragm and the bottom electrode (at least one top electrode disposed above the membrane and above the bottom electrode), and sub-elements that can be programmed to (i) transmit and then subsequently receive or (ii) transmit and receive simultaneously (sub-elements programmable to either to transmit and then subsequently receive or programmable to simultaneously transmit and receive); and at least two trenches, wherein each trench is located on opposite sides of the substrate and configured to provide crosstalk isolation between the sub-elements (at least two trenches, each trench located on opposite sides of the substrate and configured to provide crosstalk isolation between the sub-elements).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
19
18
An imaging method (A method of imaging), comprising selecting a first plurality of piezoelectric elements and a second plurality of piezoelectric elements from an array of piezoelectric elements (selecting a first plurality of piezoelectric elements and a second plurality of piezoelectric elements from an array of piezoelectric elements), wherein: the first and second pluralities of piezoelectric elements are formed on a substrate (the first and second plurality of piezoelectric elements are formed on a substrate) and comprise a diaphragm suspended from the substrate (at least one membrane suspended from the substrate), a bottom electrode disposed on the diaphragm (at least one bottom electrode disposed on the membrane), and a piezoelectric layer disposed on the bottom electrode (at least one piezoelectric layer disposed on the bottom electrode), each piezoelectric element is acoustically isolated from adjacent piezoelectric elements (adjacent piezoelectric elements are isolated acoustically from each other) and is interconnected with control circuitry configured to control various imaging modes in an imaging device (each piezoelectric element is interconnected with a control circuit to control various imaging modes in an imaging device); at least two trenches are located on opposite sides of the substrate and configured to provide crosstalk isolation between at least one piezoelectric element of the first plurality of piezoelectric elements and at least one piezoelectric element of the second plurality of piezoelectric elements (at least two trenches, each trench located on opposite sides of the substrate, are configured to provide crosstalk isolation between at least one of the first plurality of piezoelectric elements and at least one of the second plurality of piezoelectric elements), the piezoelectric elements in a first column of the array comprise a first top electrode that is disposed on the piezoelectric layer and connected to a receive circuit (piezoelectric elements in a first column of the array comprise a first top electrode disposed on the at least one piezoelectric layer connected to receiving circuitry) and the piezoelectric elements in a second column of the array comprise a second top electrode that is disposed on the piezoelectric layer and connected to a plurality of respective transmit drivers or a single transmit driver (piezoelectric elements in a second column of the array comprise a second top electrode disposed on the at least one piezoelectric layer connected either to a respective transmit driver or a single transmit driver); and performing ultrasound imaging by (performing ultrasonic imaging by): transmitting transmit signals with a first plurality of piezoelectric elements (transmitting signals with the first plurality of piezoelectric elements); receiving received signals with a second plurality of piezoelectric elements (receiving signals with the second plurality of piezoelectric elements); adjusting the received signals such that the received signals are in phase (adjusting the received signals such that the received signals are in phase); forming a scan line from the received signals (forming a scan line from the received signals); and forming a frame from a plurality of scan lines obtained during ultrasound imaging (forming a frame from a plurality of scan lines obtained during ultrasonic imaging), wherein the frame is one of an imaging mode of A-scan, B-scan, C-scan, or doppler imaging (wherein the frame is one of an imaging mode of an A scan, B scan, C scan, or Doppler imaging), and the imaging mode is switched to a different imaging mode or remains the same after the frame is completed (an imaging mode remains the same or is switched to a different imaging mode after the frame is completed).
Examiner notes: Indistinctly recites most limitations, differences being merely nominal nomenclatural differences or grammatical variations not amounting to patentable distinction.
20
19
The imaging method as set forth in Claim 19 (The method of imaging of claim 18), wherein selecting the first plurality of piezoelectric elements and the second plurality of piezoelectric elements comprises forming a two-dimensional (2D) array of the piezoelectric elements within a housing (selecting the first plurality of piezoelectric elements and the second plurality of piezoelectric elements forms a two dimensional (2D) array of the piezoelectric elements within a housing), wherein the piezoelectric elements are arranged in rows and columns (the piezoelectric elements arranged in rows and columns).
21
19
The imaging method as set forth in Claim 20 (The method of imaging of claim 18), wherein the control circuitry comprises an application specific integrated circuit (ASIC) housed adjacent to the piezoelectric element and configured to control imaging modes (the control circuit incudes an application specific integrated circuit (ASIC) that is housed adjacent the piezoelectric elements for the controlling of the various imaging modes), the piezoelectric elements in a first column of the array are connected to respective receive amplifiers (the piezoelectric elements in the first column of the array are connected to a respective receive amplifier), and the piezoelectric elements in the second column of the array are connected to respective transmit drivers (and the piezoelectric elements in the second column of the array are connected to a respective transmit driver).
The Double Patenting Rejections will not be held in abeyance. See MPEP § 804 & 714.02.
The present claims are directed towards the same aspects of the claimed invention of USPN 11199623 with the nominal differences in the language utilized in the present claims being claimed either explicitly or implicitly in the patented claims or otherwise disclosed as a known utility of the earlier claimed invention such that the present claims are obvious variations of earlier patented claims. It is the Examiner's position that a grant of a patent with the claims in the present application would unjustly extend the rights granted by USPN 11199623. See MPEP § 804.
Allowable Subject Matter
Claim(s) 2-21 is/are would be allowable if a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is used to overcome the nonstatutory double patenting rejection set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The reasons for indicating conditionally allowable subject matter are substantially similar to the previously put forth for USPN 11199623, the Examiner noting that while Applicant broadened the claims from said patent, Applicant appears to have reviewed the previous reasons for allowance of said patent and substantially retained the portions explicitly noted by the Examiner as limitations contributing to the allowability thereof. See pages 7-8 of Office Action dated 06/23/2021 of 17/153,631 (USPN 11199623); the closest prior art remains as put forth in 17/153,631 (USPN 11199623).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner, the Examiner noting that the references cited herein are previous references of the related applications 17153631 & 17522206 for which the Examiner wanted to emphasize and at least be marked as cited by the Examiner.
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Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID L SINGER whose telephone number is 303-297-4317. The Examiner can normally be reached Monday - Friday 8:00 am - 6:00pm CT, EXCEPT alternating Friday.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID L SINGER/Primary Examiner, Art Unit 2855 13AUG2026
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