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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Kobayashi et al. (US 20180110484).
Regarding claim 1, Kobayashi teaches a compression member that puts a breast into a compressed state (figure 8), comprising:
a contact surface 22Btm with the breast; and
an outer surface 22Bck facing the contact surface,
wherein: an uneven structure is provided in at least a part of a region on each of the contact surface and the outer surface, and a maximum height roughness and an average length of the uneven structure are more than 0 μm and equal to or less than 20 μm (para 31).
Regarding claim 2, Kobayashi teaches the uneven structure is provided in at least a part of a region on at least the contact surface (figure 8).
Regarding claim 3, Kobayashi teaches a compression member that puts a breast into a compressed state, comprising:
a contact surface 22Btm with the breast; and an outer surface 22Bck facing the contact surface, wherein: an uneven structure is provided in at least a part of a region on each of the contact surface and the outer surface, and a maximum height roughness and an average length of the uneven structure are smaller than a wavelength of an ultrasound wave (a range of 0.1 μm to 2 μm, para 31).
Regarding claim 4, Kobayashi teaches at least one of a shape of unevenness, a maximum height roughness, or an average length is different between the uneven structure provided on the contact surface and the uneven structure provided on the outer surface (figure 7).
Allowable Subject Matter
Claims 5-10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 5-6 and 10, the prior art fails to teach an uneven structure is provided in at least a part of a region on each of the contact surface and the outer surface; and an ultrasound probe disposed between the radiation source and the compression member, wherein a maximum height roughness and an average length of the uneven structure are equal to or less than 1/10 of a wavelength of an ultrasound wave emitted by the ultrasound probe as claimed in independent claims 5 and 10.
Regarding claims 7-9, the prior art fails to teach applying a gel-like or liquid-like medium having ultrasound transmittance to a portion of an uneven structure in a compression member that puts a breast into a compressed state; and acquiring an ultrasound image of the breast put into the compressed state by the compression member in a state in which the medium is applied, via the compression member, wherein the compression member comprising: a contact surface with the breast; and an outer surface facing the contact surface, wherein the uneven structure is provided in at least a part of a region on at least one of the contact surface or the outer surface as claimed in independent claim 7.
Response to Arguments
Applicant's arguments filed 06/24/2026 have been fully considered but they are not persuasive.
The applicant asserts that Kobayashi fails to teach the uneven structure is provided in at least a port of a region of the outer surface. The examiner disagrees.
Kobayashi teaches the uneven structure (see where r_1 indicating area) is provided in at least a port of a region of the outer surface (22Bck) (figure 7). Thus, the applicant’s assertion is not persuasive and the rejection is maintained.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOON K SONG whose telephone number is (571)272-2494. The examiner can normally be reached M to Th 10am to 7pm.
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, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOON K SONG/Primary Examiner, Art Unit 2884
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