Prosecution Insights
Last updated: August 17, 2026
Application No. 18/898,749

ULTRASONIC MEASUREMENT APPARATUS

Final Rejection §102§112
Filed
Sep 27, 2024
Priority
Sep 27, 2023 — JP 2023-164714
Examiner
JASANI, ASHISH SHIRISH
Art Unit
3798
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Seiko Epson Corporation
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
10m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
114 granted / 166 resolved
-1.3% vs TC avg
Strong +24% interview lift
Without
With
+24.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
21 currently pending
Career history
198
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
40.1%
+0.1% vs TC avg
§102
22.9%
-17.1% vs TC avg
§112
28.9%
-11.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 166 resolved cases

Office Action

§102 §112
CTFR 18/898,749 CTFR 81884 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25-01 AIA Applicant’s election without traverse of originally filed claims 1-7 in the reply filed on 24 April 2026 is acknowledged. Response to Amendment The rejection under 35 U.S.C. 103 has been withdrawn in light of the amendment to the claims filed on 24 April 2026. The objection to the specification and claims has been withdrawn in light of the corresponding amendments filed on 24 April 2026. Claim Rejections - 35 USC § 112(b) 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 1-7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In particular, Claim 1 now recites “wherein the second time corresponding to a time at which the first time is elapsed”; however, it is unclear how the second time and first time correspond based on the elapsed first time. For example, is the time delay between the first transmission and first reception the same as the time delay between the second transmission and the second reception? The instant specification describes a stand-by time, but it is unclear if the second time refers to said stand-by time. For the purposes of compact prosecution, the limitation will be interpreted as questioned above. It should be noted that such an interpretation has not been evaluated for compliance with the written description requirement under 35 U.S.C. 112(a). Dependent claims are rejected by virtue of their dependency to abovementioned claims. With regards to Claim 2, the claim now recites “a time from a third time” in line 4; however, it is unclear is the “a time” of Claim 2 is the same “a time” of Claim 1 line 14 or if it is a different “time.” In addition, Claim 2 is indefinite because according to parent Claim 1, the measurement start request is outputted based on a change from the first and second ultrasonic signals, i.e. the second ultrasonic signal has already between started and received. Therefore, it is unclear how the processor can output a start measurement request at the fourth time to start recording the second ultrasonic signal after the second ultrasonic signal has already been received. For the purposes of compact prosecution and due to the inconsistencies of Claim 2, the claim cannot be examined on the merits because cannot reasonably interpret the meaning of Claim 2 to properly apply art. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1 & 3-7 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Samangouei et al. (US PGPUB 20220401080; hereinafter "Samangouei") . With regards to Claim 1, Samangouei discloses an ultrasonic measurement apparatus (ultrasound device 516; see Samangouei FIG. 5 & ¶ [0046]) , the ultrasonic measurement apparatus comprising: an ultrasonic sensor configured to: transmit a first ultrasound wave to a measurement target (the processing device may determine a state of the ultrasound device based on one or more collected ultrasound images {i.e. a first image and a second image}; see Samangouei ¶ [0021]}; collecting images of a particular anatomical feature or view {i.e. measurement target}; see Samangouei ¶ [0029]) ; receive the first ultrasonic wave reflected inside the measurement target (collecting one or more ultrasound images; see Samangouei ¶ [0021]; it should be appreciated that the corresponding reflected ultrasound echoes {i.e. first reflected ultrasound wave} are converted to beamformed signals which are further processed into images {i.e. first ultrasonic signal}; see Samangouei ¶ [0047-048]) ; output a first ultrasonic signal based on the reception of the first ultrasonic wave at a first time (collecting one or more ultrasound images; see Samangouei ¶ [0021]; it should be appreciated that the corresponding reflected ultrasound echoes {i.e. first reflected ultrasound wave} are converted to beamformed signals which are further processed into images {i.e. first ultrasonic signal}; see Samangouei ¶ [0047-048]) ; transmit a second ultrasound wave to the measurement target (the processing device may determine a state of the ultrasound device based on one or more collected ultrasound images {i.e. a first image and a second image}; see Samangouei ¶ [0021]}; collecting images of a particular anatomical feature or view {i.e. measurement target}; see Samangouei ¶ [0029]) ; receive the second ultrasonic wave reflected inside the measurement target (collecting one or more ultrasound images; see Samangouei ¶ [0021]; it should be appreciated that the corresponding reflected ultrasound echoes {i.e. second reflected ultrasound wave} are converted to beamformed signals which are further processed into images {i.e. second ultrasonic signal}; see Samangouei ¶ [0047-048]) ; and output a second ultrasonic signal based on the reception of the second ultrasonic wave at a second time (collecting one or more ultrasound images; see Samangouei ¶ [0021]; it should be appreciated that the corresponding reflected ultrasound echoes {i.e. first reflected ultrasound wave} are converted to beamformed signals which are further processed into images {i.e. first ultrasonic signal}; see Samangouei ¶ [0047-048]) , wherein the second time corresponding to a time at which the first time is elapsed (the displayed ultrasound image may be updated a rate of at least 5 Hz, at least 10 Hz, at least 20 Hz, at a rate between 5 and 60 Hz, at a rate of more than 20 Hz {i.e. the time between subsequent images is the same, the first time elapsed corresponds with the second time}; see Samangouei ¶ [0048]) ; a processor (processing device 502; see Samangouei FIG. 5 & ¶ [0038]) configured to: output, based on a change from the first ultrasonic signal to the second ultrasonic signal (the processing device may use a statistical model to determine the state of the ultrasound device based on one or more ultrasound images collected by the ultrasound device (e.g., the most recently collected ultrasound image, or a certain number of the most recently collected ultrasound images {i.e. at least two images are processed, via the statistical model, to determine a change in state}; see Samangouei ¶ [0028]) , a measurement start request to start ultrasonic measurement (once state E is detected, the ultrasound device may now collect clinically usable ultrasound images, as long as the user holds the ultrasound device steady {i.e. once in State E & sufficiently steady the ultrasound device collects clinically useable images}; see Samangouei ¶ [0035]) ; and record the second ultrasonic signal in a storage (the corresponding reflected ultrasound echoes {i.e. second reflected ultrasound wave} are converted to beamformed signals which are further processed into images {i.e. second ultrasonic signal} indicates to one of ordinary skill in the art that images are stored; see Samangouei ¶ [0047-048]) . With regards to Claim 3 1 , Samangouei discloses comprising: an external device being communicably connected to the ultrasonic sensor (processing device 502 is wirelessly connected to ultrasound device 516; see Samangouei ¶ [0046]) . With regards to Claim 4 3 , Samangouei discloses wherein the processor is provided to the external device (processing device 502 is wirelessly connected to ultrasound device 516; see Samangouei ¶ [0046]) . With regards to Claim 5 3 , Samangouei discloses wherein the storage is provided to the external device (wirelessly connected processing device 502 includes memory 512; see Samangouei ¶ [0046]) . With regards to Claim 6 1 , Samangouei discloses wherein the storage is provided to the ultrasonic sensor (temporarily storing ultrasound data in a buffer; see Samangouei ¶ [0048]) . With regards to Claim 7 1 , Samangouei discloses comprising: a switch configured to switch supply of power and non-supply of power to the ultrasonic sensor (ultrasound circuitry 510 includes power transmit circuitry, receive circuitry, control circuitry, power management circuitry, and processing circuitry; see Samangouei ¶ [0047]; it should be appreciated that it is well known the in the art that “driving” transducer elements based on a transmit beamformer signal involves controlling the power management circuitry to provide power to the corresponding transducer elements, i.e. switching transducer elements on and off; see Samangouei ¶ [0047]) , wherein the ultrasonic sensor is further configured to starts transmission of the second ultrasonic wave and the reception of the ultrasonic wave of the second ultrasonic wave when the switch supplies power (collecting one or more ultrasound images involves the ultrasound circuitry 510 to control the transducer elements transmits ultrasound waves and receive corresponding ultrasound signals, i.e. start the transmission and receipt of the second ultrasonic wave; see Samangouei ¶ [0028 & 0047]) . Response to Arguments Applicant’s arguments with respect to claim(s) 1-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In particular, the Office now relies on Samangouei to address the newly amended claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Niemiec (US PGPUB 20170296152) . 07-40 AIA 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHISH S. JASANI whose telephone number is (571)272-6402. The examiner can normally be reached M-F 8:00 am - 4:00 pm (CST). 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, Keith M. Raymond can be reached on (571) 270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ASHISH S. JASANI/Examiner, Art Unit 3798 /KEITH M RAYMOND/Supervisory Patent Examiner, Art Unit 3798 Application/Control Number: 18/898,749 Page 2 Art Unit: 3798 Application/Control Number: 18/898,749 Page 3 Art Unit: 3798 Application/Control Number: 18/898,749 Page 4 Art Unit: 3798 Application/Control Number: 18/898,749 Page 5 Art Unit: 3798 Application/Control Number: 18/898,749 Page 6 Art Unit: 3798 Application/Control Number: 18/898,749 Page 7 Art Unit: 3798 Application/Control Number: 18/898,749 Page 8 Art Unit: 3798
Read full office action

Prosecution Timeline

Sep 27, 2024
Application Filed
Sep 16, 2025
Non-Final Rejection mailed — §102, §112
Dec 16, 2025
Response Filed
Dec 16, 2025
Response after Non-Final Action
Apr 24, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
69%
Grant Probability
93%
With Interview (+24.5%)
2y 9m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 166 resolved cases by this examiner. Grant probability derived from career allowance rate.

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