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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 8, the “machine” should read the “device”.
In claim 1, line 10, the “a second smart device the second geographic location” should read the “a second smart device at the second geographic location”.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12064289.
Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of the instant application corresponds to the parent claim 8. In particular, claim 8 of the ‘289 patent recites the “system of claim 1, further comprising a first cell phone at the first location coupled to the ultrasound machine and a second cell phone at the second location coupled to the monitoring station, wherein the second cell phone operates the ultrasound machine.” Here, cell phones correspond to smart devices of the instant application. Additionally, the parent claim 1 recites the “system comprising:
an ultrasound machine at a first location, configured to be operated by a first user;
a broadcast device directed at the ultrasound machine; and
a monitoring station configured to be operated by a second user at a second location distal to the first location and informationally coupled to the broadcast device and the ultrasound machine, the monitoring station comprising a visual display and an audio transmitter, wherein the visual display is configured to display a visual signal from each of the broadcast device and the ultrasound machine, and the audio transmitter is configured to transmit an audio signal from the monitoring station to the broadcast device, and wherein the visual display further comprises a chat window;
wherein the broadcast device transmits the visual signal to the monitoring station in real time, and wherein the visual signal comprises an image of the ultrasound machine and an image generated by the ultrasound machine;
wherein the monitoring station transmits the audio signal and a text via the chat window to the broadcast device in real time, and wherein both the first user and the second user operate the ultrasound machine; and
wherein the monitoring station is configured to import a custom registry entry to the ultrasound machine, wherein the custom registry entry comprises capture of a cine clip of greater duration than a default value for cine clip duration of the ultrasound machine”.
Other clams correspond to each other as follows.
Claim 2 of the instant application corresponds to claim 8 of U.S. Patent No. 12064289.
Claims 3-7 of the instant application correspond to claim 1 of U.S. Patent No. 12064289.
Claim 8 of the instant application corresponds to claim 14 of U.S. Patent No. 12064289.
Claim 9 of the instant application corresponds to claim 3 of U.S. Patent No. 12064289.
Claims 10-12 of the instant application correspond to claims 5-7 of U.S. Patent No. 12064289, respectively.
Claims 13-15 of the instant application correspond to claim 9-11 of U.S. Patent No. 12064289, respectively.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (US 20090125147), hereinafter, Wang, and in view of Gopinathan et al (US 20140180111), hereinafter Gopinathan.
Regarding claim 1, Wang teaches an ultrasound real time remote monitoring, operating and training system (“The system allows the doctor to conduct a remote video conference while viewing ultrasound images in real time." [0033]; Fig. 1) comprising:
an ultrasound device (72)(“the video devices 72 may include an ultrasound device, … a echocardiogram” [0019]) in a first geographic location (a location of the “patient” [0019] and “the robot site” [0033]), adapted to record and transmit an ultrasonic image (“a technician may be located at the robot site in the vicinity of a patient. The technician may move the ultrasound device to different positions on the patient." [0033]) and further including a camera adapted to record and transmit a visual image of an acquisition of the ultrasound image (“cameras, monitors, speakers and microphones to allow for two-way video/audio communication.” [0005]. “The robot cameras 40 and 42 are coupled to the remote monitor 24 so that a user at the remote station 16 can view a patient.” [0016], Fig. 1. “Camera 40 may provide a wide angle view. Conversely, camera 42 may contain a zoom lens to provide a narrow angle view. Camera 42 can capture a zoom image that is transmitted to the remote control station. Camera 40 can capture a non-zoom image that can be transmitted to the remote control station.” [0017], Fig. 1);
a computer (22) in a second geographic location (16) in communication with the ultrasound device (“two-way video/audio communication.” [0005]. "The remote control station 16 may include a computer 22 that has a monitor 24, a camera 26, a microphone 28 and a speaker 30." [0015]; “The robot cameras 40 and 42 are coupled to the remote monitor 24 so that a user at the remote station 16 can view a patient.” [0016], Fig. 1) and adapted to receive and display the ultrasonic image (“viewing medical images in real time" [0013]) and the acquisition of the ultrasound image from the camera (“The video devices 72 capture video that is transmitted to the remote station 16 through the mobile robot 12. By way of example, the ultrasound device may capture images of a patient that are then transmitted to the remote control station 16 and displayed by the station monitor 24.” [0019]. “When both ultrasound and video images from the robot camera are transmitted to the remote station, the robot may enter a mode wherein the ultrasound images are transmitted at a larger frame size”. [0032]).
Wang further does not teach a first smart device in the first geographic location; a second smart device at the second geographic location for communication with the first smart device.
However, in the medical ultrasound field of endeavor, Gopinathan discloses remote controlled telemedical ultrasonic diagnostic device, which is analogous art. Gopinathan teaches the system comprising a first smart device (154) at the first geographic location (a location of patient and interface unit 524) (“the glove member 12 contains interface unit 524... Interface unit 524 may be used to display the ultrasonic images locally or may be used to transmit diagnostic signals, or information, from the medical diagnostic ultrasonic interface unit to a remote site 155…The interface units 524, 524a can … communicate to respective computers, such as … intelligent phone 154, 154a … and communicate thru remote interface unit 524a with a personal 80.” [0034]; Figs. 1a-c) and a second smart device (154a) at the second geographic location (155) (the workstation of the “personal 80” [0034]; seen in Fig. 1a), wherein the second cell phone operates the ultrasound machine (“intelligent phone … 154a” [0034]. “The remote location 155 further includes computer devices … 154a … that are programmed to remotely control one of focus, zone acquisition, pan, zoom, and off-axis of the acoustic beam used to image the anatomy.” [0040]; Figs 1a, 6).
Therefore, based on Gopinathan’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Wang to have the system comprising a first smart device in the first geographic location; and a second smart device at the second geographic location for communication with the first smart device, as taught by Gopinathan, in order to make the ultrasound machine available to both local and remote users including technicians and diagnosticians thereby improving the utilization efficiency of the ultrasound machine for medical imaging (Gopinathan: [0058]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXEI BYKHOVSKI whose telephone number is (571)270-1556. The examiner can normally be reached on Monday-Friday: 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, Pascal Bui Pho can be reached on 571-272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798
Prosecution Insights