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 § 112
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.
Claim 15 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.
Claim 15 recites the limitation "the third scanning path" in line 3. There is insufficient antecedent basis for this limitation in the claim. The claims from which claim 15 depend do not previously recite a third scanning path.
Claims dependent upon the rejected claims above, but not directly addressed, are also rejected because they inherit the indefiniteness of the claim(s) they respectively depend upon.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-7, 9-11, 15, 17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yarnall (US 20110295115) in view of Fujita et al. (US 20100022881, hereinafter Fujita).
Regarding claim 1, Yarnall teaches a compression plate ([0021] and fig. 1 discloses compression frame 107) that is used in a mammography apparatus ([0016], [0020] and fig. 1 disclose apparatus 100 which includes the compression frame and is used for mammography), the compression plate comprising:
a body part having a box shape with an open top (fig. 2 shows the compression plate 107 has a frame (body part) that has a box shape and open top); and
a guide member that is provided at the body part and that guides an ultrasound probe along a scanning direction of the ultrasound probe ([0020]-[0021] and figs. 1-2 disclose beams 106 (guide member) that are provided on the frame and guide the ultrasound probe 103 along a scanning direction (the width direction of the beams)),
wherein the guide member includes:
a first guide part that guides the ultrasound probe along a first scanning path (fig. 2 shows the compression plate includes a first beam which is considered a first guide part for guiding the ultrasound probe 103), and
a second guide part that guides the ultrasound probe along a second scanning path (fig. 2 shows the compression plate includes a second beam different from the first beam which can be used to guide the probe 103 along a second scan path).
Yarnell does not specifically teach the first guide part and the second guide part are disposed such that effective image regions of the ultrasound probe partially overlap with each other in a case in which scanning using the ultrasound probe is performed along the first scanning path and the second scanning path.
However,
Fujita in a similar field of endeavor teaches a first guide part and a second guide part are disposed such that effective image regions of the ultrasound probe partially overlap with each other in a case in which scanning using the ultrasound probe is performed along the first scanning path and the second scanning path ([0039] discloses a first rail and second rail for guiding the ultrasound probe. [0042] discloses the scanning passes (scanning paths) of the ultrasound probe overlap each other, therefore their effective image regions also overlap each other).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the first guide part and the second guide part are disposed such that effective image regions of the ultrasound probe partially overlap with each other in a case in which scanning using the ultrasound probe is performed along the first scanning path and the second scanning path of Fujita to the guide member of Yarnall to allow for the predictable results of ensuring the entire imaging region is being imaged without any loss, thereby increasing the quality of the obtained image.
Regarding claim 2, Yarnall in view of Fujita teaches the compression plate of claim 1, as set forth above. Yarnall further teaches a locking mechanism that attachably and detachably fixes the guide member to the body part (claim 1 discloses the compression frame is adjustable in order to secure the body part, the mechanism that controls the adjustability of the compression frame is considered the locking mechanism).
Regarding claim 4, Yarnall in view of Fujita teaches the compression plate of claim 1, as set forth above. Yarnall further teaches the guide member further includes a third guide part that guides the ultrasound probe along a third scanning path (fig. 2 shows the compression plate includes a third beam different from the first and second beams, which is a third guide part for guiding the ultrasound probe 103).
Fujita further teaches guide parts that are disposed such that effective image regions of the ultrasound probe partially overlap with each other in a case in which scanning using the ultrasound probe is performed along the second scanning path and the third scanning path ([0039] discloses rails for guiding the ultrasound probe. [0042] discloses the scanning passes (scanning paths) of the ultrasound probe overlap each other, therefore their effective image regions also overlap each other. Fig. 3 shows the second and third scanning paths).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having guide parts that are disposed such that effective image regions of the ultrasound probe partially overlap with each other in a case in which scanning using the ultrasound probe is performed along the second scanning path and the third scanning path of Fujita to the guide member of Yarnall in view of Fujita to allow for the predictable results of ensuring the entire imaging region is being imaged without any loss, thereby increasing the quality of the obtained image.
Regarding claim 5, Yarnall in view of Fujita teaches the compression plate of claim 4, as set forth above. Yarnall further teaches the guide member further includes a frame part (fig. 2 shows the guide member includes frame 107),
the second guide part extends from one end of the frame part toward another end of the frame part facing the one end (fig. 2 shows the second guide part extending from one end of the frame part towards another end of the frame part facing the one end), and
the third guide part extends from the other end of the frame part toward the one end of the frame part (fig. 2 shows the third guide part extending from the other end of the frame part towards the one end of the frame part).
Regarding claim 6, Yarnall in view of Fujita teaches the compression plate of claim 4, as set forth above. Yarnall further teaches the guide member further includes a frame part (fig. 2 shows the guide member includes frame 107),
the second guide part extends from one end of the frame part toward another end of the frame part facing the one end (fig. 2 shows the second guide part extending from one end of the frame part towards another end of the frame part facing the one end), and
the third guide part extends from the one end of the frame part toward the other end of the frame part (fig. 2 shows the third guide part extending from the one end of the frame part towards the other end of the frame part).
Regarding claim 7, Yarnall in view of Fujita teaches the compression plate of claim 4, as set forth above. Yarnall further teaches the guide member further includes a frame part (fig. 2 shows the guide member includes frame 107),
the second guide part connects one end of the frame part and another end of the frame part facing the one end (fig. 2 shows the second guide part connecting one end of the frame to another end of the frame), and
the third guide part connects the one end of the frame part and the other end of the frame part (fig. 2 shows the third guide part connecting one end of the frame to another end of the frame).
Regarding claim 9, Yarnall in view of Fujita teaches the compression plate of claim 1, as set forth above. Fujita further teaches the guide member further includes a position detection sensor that detects a position of the ultrasound probe ([0006], [0021], and [0044] disclose a sensor/device for obtaining the position of the ultrasound probe).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the guide member further includes a position detection sensor that detects a position of the ultrasound probe of Fujita to the guide member of Yarnall in view of Fujita to allow for the predictable results of ensuring the ultrasound probe is in the correct imaging position, thereby increasing the accuracy of the obtained image.
Regarding claim 10, Yarnall in view of Fujita teach a mammography apparatus ([0016], [0020] and fig. 1 disclose apparatus 100 which includes the compression frame and is used for mammography) comprising:
the compression plate according to claim 1 (as set forth above Yarnall in view of Fujita teach the compression plate of claim 1).
Regarding claim 11, Yarnall teaches an imaging capturing system ([0020] apparatus 100 in fig. 1) comprising:
an ultrasonography apparatus including an ultrasound probe (ultrasound transducer 103 and its corresponding circuitry in fig. 1); and
a mammography apparatus including a compression plate ([0016], [0020]-[0021] and fig. 1 disclose apparatus 100 which includes the compression frame 107 and is used for mammography),
wherein the compression plate includes:
a body part having a box shape with an open top (fig. 2 shows the compression plate 107 has a frame (body part) that has a box shape and open top); and
a guide member that is provided at the body part and that guides an ultrasound probe along a scanning direction of the ultrasound probe ([0020]-[0021] and figs. 1-2 disclose beams 106 (guide member) that are provided on the frame and guide the ultrasound probe 103 along a scanning direction (the width direction of the beams)),
wherein the guide member includes:
a first guide part that guides the ultrasound probe along a first scanning path (fig. 2 shows the compression plate includes a first beam which is considered a first guide part for guiding the ultrasound probe 103), and
a second guide part that guides the ultrasound probe along a second scanning path (fig. 2 shows the compression plate includes a second beam different from the first beam which can be used to guide the probe 103 along a second scan path).
Yarnell does not specifically teach the first guide part and the second guide part are disposed such that effective image regions of the ultrasound probe partially overlap with each other in a case in which scanning using the ultrasound probe is performed along the first scanning path and the second scanning path.
However,
Fujita in a similar field of endeavor teaches a first guide part and a second guide part are disposed such that effective image regions of the ultrasound probe partially overlap with each other in a case in which scanning using the ultrasound probe is performed along the first scanning path and the second scanning path ([0039] discloses a first rail and second rail for guiding the ultrasound probe. [0042] discloses the scanning passes (scanning paths) of the ultrasound probe overlap each other, therefore their effective image regions also overlap each other).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the first guide part and the second guide part are disposed such that effective image regions of the ultrasound probe partially overlap with each other in a case in which scanning using the ultrasound probe is performed along the first scanning path and the second scanning path of Fujita to the guide member of Yarnall to allow for the predictable results of ensuring the entire imaging region is being imaged without any loss, thereby increasing the quality of the obtained image.
Regarding claim 15, Yarnall in view of Fujita teaches the compression plate of claim 11, as set forth above. Yarnall further teaches the guide member further includes a third guide part that guides the ultrasound probe along the third scanning path (fig. 2 shows the compression plate includes a third beam different from the first and second beams, which is a third guide part for guiding the ultrasound probe 103).
Fujita further teaches in a case in which a width of the second guide part is denoted by W1, a distance between the second guide part and the third guide part is denoted by W2, a width of the third guide part is denoted by W3, and a width of the effective image regions of the ultrasound probe is denoted by W4,
a relationship of W4>W1/2+W2+W3/2 is satisfied ([0039] discloses rails for guiding the ultrasound probe. [0042] discloses the scanning passes (scanning paths) of the ultrasound probe overlap each other, therefore their effective image regions also overlap each other. Fig. 3 shows the second and third scanning paths. By having the imaging regions overlap each other the width of the image region of the probe is greater than the addition of the width of the guide parts and the width of the distance between the guide parts).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having in a case in which a width of the second guide part is denoted by W1, a distance between the second guide part and the third guide part is denoted by W2, a width of the third guide part is denoted by W3, and a width of the effective image regions of the ultrasound probe is denoted by W4, a relationship of W4>W1/2+W2+W3/2 is satisfied of Fujita to the guide member of Yarnall in view of Fujita to allow for the predictable results of ensuring the entire imaging region is being imaged without any loss, thereby increasing the quality of the obtained image.
Regarding claim 17, Yarnall in view of Fujita teach a mammography apparatus ([0016], [0020] and fig. 1 of Yarnall disclose apparatus 100 which includes the compression frame and is used for mammography) comprising:
the compression plate according to claim 2 (as set forth above Yarnall in view of Fujita teach the compression plate of claim 2).
Regarding claim 19, Yarnall in view of Fujita teach a mammography apparatus ([0016], [0020] and fig. 1 of Yarnall disclose apparatus 100 which includes the compression frame and is used for mammography) comprising:
the compression plate according to claim 4 (as set forth above Yarnall in view of Fujita teach the compression plate of claim 4).
Regarding claim 20, Yarnall in view of Fujita teach a mammography apparatus ([0016], [0020] and fig. 1 of Yarnall disclose apparatus 100 which includes the compression frame and is used for mammography) comprising:
the compression plate according to claim 5 (as set forth above Yarnall in view of Fujita teach the compression plate of claim 5).
Claim(s) 3, 12-14, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yarnall in view of Fujita as applied to claims 1 and 11 above, and further in view of Xi et al. (US 20160100820, hereinafter Xi).
Regarding claim 3, Yarnall in view of Fujita teaches the compression plate of claim 1, as set forth above. Yarnall in view of Fujita does not specifically teach a space capable of accommodating a distal end part of the ultrasound probe is provided between the first guide part and a lower surface of the body part and between the second guide part and the lower surface of the body part, and the first guide part and the second guide part are provided at positions capable of being in contact with a depression provided at a side surface of the ultrasound probe.
However,
Xi in a similar field of endeavor teaches a space capable of accommodating a distal end part of the ultrasound probe is provided between the first guide part and a lower surface of the body part and between the second guide part and the lower surface of the body part (fig. 2B shows a space capable of accommodating a distal end of the probe between a first guide part and a lower surface of the body part and a second guide part and the lower surface of the body part), and
the first guide part and the second guide part are provided at positions capable of being in contact with a depression provided at a side surface of the ultrasound probe ([0032] and figs. 2A-2D disclose providing a first guide part and second guide part in contact with a recess 304/306 (depression) of the ultrasound probe).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having a space capable of accommodating a distal end part of the ultrasound probe is provided between the first guide part and a lower surface of the body part and between the second guide part and the lower surface of the body part, and the first guide part and the second guide part are provided at positions capable of being in contact with a depression provided at a side surface of the ultrasound probe of Xi to the probe of Yarnall in view of Fujita to allow for the predictable results of having the probe stay securely connected to the guiding part, thereby ensuring the region is properly imaged.
Regarding claim 12, Yarnall in view of Fujita teaches the compression plate of claim 11, as set forth above. Yarnall further teaches the ultrasound probe includes:
a transceiver unit that transmits and receives ultrasound waves ([0020] discloses the ultrasound transducer focusses and captures images of the lesion region which requires the transmission and receiving of ultrasound waves. The part of the transducer that performs the imaging is considered the transceiver unit), and
a gripping part that is continuous with the transceiver unit (fig. 2 shows the probe 103 includes a gripping part (upper portion away from transceiver) that is continuous with the transceiver unit).
Yarnall in view of Fujita does not specifically teach a width of the gripping part is smaller than a width of an effective image region of the transceiver unit.
However,
Xi in a similar field of endeavor teaches a width of the gripping part is smaller than a width of an effective image region of the transceiver unit (fig. 2c shows the ultrasound probe 30 includes a gripping part (proximal portion) that is smaller in width than a width of the imaging region of the transceiver unit (distal portion)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the width of the gripping part be smaller than a width of an effective image region of the transceiver unit of Xi to the probe of Yarnall in view of Fujita to allow for the predictable results of making the probe more compact and easier to maneuver.
Regarding claim 13, Yarnall in view of Fujita and Xi teaches the compression plate of claim 12, as set forth above. Xi further teaches the ultrasound probe is provided with a depression at a side surface of the gripping part ([0032] and figs. 2A-2D disclose a first recess 304 and second recess 306 which are considered depressions at a side surface of the gripping part), and
the depression is in contact with the first guide part and the second guide part in a case in which the scanning using the ultrasound probe is performed along the first scanning path and the second scanning path ([0032] and figs. 2A-2D disclose the guide rail (guide part) is received in the recess of the ultrasound probe. applying the teachings of Xi to the guiding system of Yarnall would result in the recess being in contact with both a first guide and a second guide when the probe is scanned along the first scan path and the second scan path).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the ultrasound probe is provided with a depression at a side surface of the gripping part, and the depression is in contact with the first guide part and the second guide part in a case in which the scanning using the ultrasound probe is performed along the first scanning path and the second scanning path of Xi to the probe of Yarnall in view of Fujita and Xi to allow for the predictable results of having the probe stay securely connected to the guiding part, thereby ensuring the region is properly imaged.
Regarding claim 14, Yarnall in view of Fujita and Xi teaches the compression plate of claim 13, as set forth above. Xi further teaches a radius of the depression is larger than a radius of a cross-sectional shape of each of the first guide part and the second guide part ([0032] discloses the guiding rail is received into the recess, therefore the radius of the recess is larger than the radius of the cross-section of the guiding part, otherwise the rail would not be able to fit into the recess).
Regarding claim 18, Yarnall in view of Fujita and Xi teach a mammography apparatus ([0016], [0020] and fig. 1 of Yarnall disclose apparatus 100 which includes the compression frame and is used for mammography) comprising:
the compression plate according to claim 3 (as set forth above Yarnall in view of Fujita and Xi teach the compression plate of claim 3).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yarnall in view of Fujita as applied to claim 1 above, and further in view of Zhang et al. (US 20160166234, hereinafter Zhang).
Regarding claim 8, Yarnall in view of Fujita teaches the compression plate of claim 1, as set forth above. Yarnall in view of Fujita does not specifically teach an intermediate member that is interposed between the ultrasound probe and an examinee, wherein the intermediate member is provided at an entire lower surface of the body part.
However,
Zhang in a similar field of endeavor teaches an intermediate member that is interposed between the ultrasound probe and an examinee ([0050], [0061] and fig. 10 disclose mesh material 330 (intermediate member) that is interposed between the probe and the patient),
wherein the intermediate member is provided at an entire lower surface of the body part (fig. 10 shows the mesh is provided at an entire lower surface of the body part).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compression plate disclosed by Yarnall in view of Fujita to have an intermediate member that is interposed between the ultrasound probe and an examinee, wherein the intermediate member is provided at an entire lower surface of the body part in order to ensure the proper positioning of the imaging region, as recognized by Zhang ([0050]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yarnall in view of Fujita and Xi as applied to claim 12 above, and further in view of Zhang et al. (US 20160166234, hereinafter Zhang).
Regarding claim 16, Yarnall in view of Fujita and Xi teaches the compression plate of claim 12, as set forth above. Yarnall in view of Fujita does not specifically teach an intermediate member that is interposed between the ultrasound probe and an examinee, wherein the intermediate member is provided at the transceiver unit of the ultrasound probe.
However,
Zhang in a similar field of endeavor teaches an intermediate member that is interposed between the ultrasound probe and an examinee ([0050], [0061] and fig. 10 disclose mesh material 330 (intermediate member) that is interposed between the probe and the patient),
wherein the intermediate member is provided at the transceiver unit of the ultrasound probe (fig. 11 shows the mesh is provided at an the transceiver part (distal portion) of the ultrasound probe).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compression plate disclosed by Yarnall in view of Fujita and Xi to have an intermediate member that is interposed between the ultrasound probe and an examinee, wherein the intermediate member is provided at the transceiver unit of the ultrasound probe in order to ensure the proper positioning of the imaging region, as recognized by Zhang ([0050]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW BEGEMAN whose telephone number is (571)272-4744. The examiner can normally be reached Monday-Thursday 8:30-5:00.
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/ANDREW W BEGEMAN/Examiner, Art Unit 3798