DETAILED ACTION
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-12, 15-19 and 22-25 of U.S. Patent No. 12,216,091 B2 (hereinafter “the Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the Patent already claims at least the following (Note that the present claim 1-20 broaden the scope of the Patent claims 1-2, 4-12, 15-19 and 22-25 by excluding some features recited in the Patent claims. The present claims 1-20 include no new limitation):
1 (See the Patent claim 1).
A machine-implemented method for acoustic evaluation of a target, the method comprising (See the Patent claim 1):
generating respective acoustic transmission events via selected transmitting ones of a plurality of electroacoustic transducers (Col. 20, lines 49-53);
in response to the respective acoustic transmission events, receiving respective acoustic echo signals from other receiving ones of the plurality of electroacoustic transducers (Col. 20, lines 54-57);
single-bit quantizing the respective received acoustic echo signals to provide binarized representations (Col. 20, lines 58-59); and
reconstructing an instantaneous phase signal of at least one respective quantized acoustic echo signal from a binarized representation of the at least one respective quantized acoustic echo signal (Col. 20, lines 60-64).
2 (See the Patent claim 2).
The machine-implemented method of claim 1, wherein the quantizing the respective received acoustic echo signals is performed using a first device;
wherein the machine-implemented method comprises transmitting respective representations of the quantized received acoustic echo signals to a second device; and
wherein the reconstructing the instantaneous phase signal is performed on the second device for use in constructing at least one of an A-Scan representation or an image.
3 (See the Patent claim 4).
The machine-implemented method of claim 1, comprising aggregating phase data from multiple reconstructed instantaneous phase signals (from multiple quantized acoustic echo signals) to generate at least one of an A-scan time series, a pixel value corresponding to a specified spatial location of the target, or a voxel value corresponding to the specified spatial location of the target.
4 (See the Patent claim 5).
The machine-implemented method of claim 3, wherein the generating the pixel or voxel value comprises performing a summation of respective received acoustic echo signals using a Total Focusing Method (TFM) technique applied to in-phase and quadrature reconstructions of the phase data without requiring corresponding amplitude data.
5 (See the Patent claim 6).
The machine-implemented method of claim 4, wherein the generating respective acoustic transmission events via selected transmitting ones of the plurality of electroacoustic transducers and in response to the respective acoustic transmission events, receiving the respective acoustic echo signals from other receiving ones of the plurality of electroacoustic transducers comprises performing a full-matrix-capture (FMC) acquisition, the respective acoustic echo signals comprising A-scans corresponding to respective elements in matrix of received signals.
6 (See the Patent claim 7).
The machine-implemented method of claim 4, comprising:
generating imaging data comprising a plurality of generated pixel or voxel values, the plurality of generated pixel or voxel values generated using the Total Focusing Method (TFM) applied to respective in-phase and quadrature reconstructions of phase data; and
applying a mask to the imaging data.
7 (See the Patent claim 8).
The machine-implemented method of claim 3, comprising establishing a noise distribution corresponding to a region of interest encompassing the specified spatial location empirically or through an analytical model.
8 (See the Patent claim 9).
The machine-implemented method of claim 3, comprising adjusting a pixel or voxel amplitude value based on a probability that the amplitude value corresponds to noise by weighting a corresponding term in a summation of received acoustic echo signals.
9 (See the Patent claim 10).
The machine-implemented method of claim 3, comprising suppressing or inhibiting a contribution to the pixel or voxel value corresponding to noise.
10 (See the Patent claim 11).
The machine-implemented method of claim 3, wherein generating the pixel or voxel value corresponding to a specified spatial location of the target includes applying a moment value of a statistical distribution determination to respective pixel or voxel values.
11 (See the Patent claim 12).
The machine-implemented method of claim 10, wherein the moment value corresponds to a variance.
12 (See the Patent claim 15).
The machine-implemented method of claim 1, wherein the reconstruction of the instantaneous phase signal comprises a piece-wise construction.
13 (See the Patent claim 16).
The machine-implemented method of claim 12, wherein a slope of a segment in the piece-wise construction is established at least in part by determining a duration between adjacent transitions of a binarized representation of the acoustic echo signal.
14 (See the Patent claim 17).
The machine-implemented method of claim 12, wherein the piece-wise construction includes assigning a phase difference of 2π radians between a time index corresponding to a first rising edge of the binarized representation and a later time index of the binarized representation, corresponding to a next rising edge, to define a slope of a segment.
15 (See the Patent claim 18).
The machine-implemented method of claim 12, wherein the piece-wise construction includes assigning a phase difference of π radians between a time index corresponding to a first rising edge of the binarized representation and a later time index of the binarized representation, corresponding to a first falling edge, to define a slope of a segment.
16 (See the Patent claim 19).
The machine-implemented method of claim 15, wherein the piece-wise construction includes assigning another phase difference of π radians between the time index corresponding to the first falling edge of the binarized representation and a later time index of the binarized representation, corresponding to a second rising edge, to define a slope of another segment.
17 (See the Patent claim 22).
An apparatus for acoustic evaluation of a target, the apparatus comprising:
drive circuitry to generate respective acoustic transmission events via selected transmitting ones of a plurality of electroacoustic transducers;
receiver circuitry comprising a coherent receiver topology to provide in-phase and quadrature representations of respective acoustic echo signals from other receiving ones of the plurality of electroacoustic transducers;
analog-to-digital conversion circuitry to binarize the respective acoustic echo signals; and
processor circuitry configured to:
generate respective acoustic transmission events via selected transmitting ones of a plurality of electroacoustic transducers using the drive circuitry;
in response to the respective acoustic transmission events, receive respective acoustic echo signals from other receiving ones of the plurality of electroacoustic transducers using the receiver circuitry;
single-bit quantize the respective received acoustic echo signals to provide binarized representations using the analog-to-digital conversion circuitry; and
reconstruct an instantaneous phase signal of at least one respective quantized acoustic echo signal from a binarized representation of the at least one respective quantized acoustic echo signal.
18 (See the Patent claim 23).
The apparatus of claim 17, wherein the processor circuitry configured to binarize the respective received acoustic echo signals is associated with a first device;
wherein the apparatus comprises a transceiver configured to transmit respective representations of the binarized received acoustic echo signals to a second device; and
wherein the processor circuitry configured to reconstruct the instantaneous phase signal is associated with a second device for use in constructing at least one of an A-Scan representation or an image.
19 (See the Patent claim 24).
The apparatus of claim 18, wherein the processor circuitry is configured to:
aggregate phase data from multiple reconstructed instantaneous phase signals (from multiple quantized acoustic echo signals) to generate a pixel value corresponding to a specified spatial location of the target or a voxel value corresponding to the specified spatial location of the target, including performing a summation of respective received acoustic echo signals using a Total Focusing Method (TFM) technique applied to in-phase and quadrature reconstructions of corresponding instantaneous phase signals.
20 (See the Patent claim 25).
The apparatus of claim 17, wherein the reconstructed instantaneous phase signal comprises a piece-wise construction.
Allowable Subject Matter
Claims 1-20 would be allowed if the above double patenting rejections were overcome. The following would be an examiner’s statement of reasons for allowance:
With respect to independent claims 1 and 17, prior art of record doesn’t teach, suggest, or render obvious the total combination of the recited features, including the following allowable subject matter (or an equivalent):
“single-bit quantizing the respective received acoustic echo signals to provide binarized representations; and
reconstructing an instantaneous phase signal of at least one respective quantized acoustic echo signal from a binarized representation of the at least one respective quantized acoustic echo signal.”
(The remaining claims are dependent on claim 1 or claim 17.)
Conclusion
The prior art made of record below and not relied upon is considered most pertinent to applicant’s disclosure/invention.
US 2015/0141831 A1 to Yamamoto (the closest reference found and discussed in examination of the parent application 17/905,107) discloses a machine-implemented method/apparatus for acoustic evaluation of a target. The method/apparatus comprises essentially all the features recited in independent claims 1 and 17, except for the allowable subject matter(s), as follows:
generating respective acoustic transmission events via selected transmitting ones of a plurality of electroacoustic transducers (Par. 0046);
in response to the respective acoustic transmission events, receiving respective acoustic echo signals from other receiving ones of the plurality of electroacoustic transducers (Par. 0047);
quantizing the respective received acoustic echo signals (Par. 0048. Note that the A/D conversion unit inherently quantizes the respective received acoustic echo signals); and
reconstructing an instantaneous phase signal from a representation of at least one respective quantized acoustic echo signal (Par. 0049).
Yamamoto however fails to anticipate the allowable subject matter(s). Furthermore, there is no apparent motivation to modify Yamamoto to include the allowable subject matter(s):
“single-bit quantizing the respective received acoustic echo signals to provide binarized representations; and
reconstructing an instantaneous phase signal of at least one respective quantized acoustic echo signal from a binarized representation of the at least one respective quantized acoustic echo signal.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nguyen (Wyn) Q. Ha whose telephone number is (571) 272-2863, email: nguyenq.ha@uspto.gov. The examiner can normally be reached Monday - Friday 8 am - 4:30 pm (Eastern Time).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Meier can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nguyen Q. Ha/Primary Examiner, Art Unit 2853 August 27, 2026
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