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 .
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 3-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12,167,936. Although the claims at issue are not identical, they are not patentably distinct from each other because both application and patent claim a system and method of characterization of a material using a non-contact displacement force and using ultrasound to characterize the material.
U. S. Application No. 18/947945
U. S. Patent No. 12,167,936
(New) A method for non-contact measurement of an elastic surface, the method comprising:(a) providing a non-contact force to a surface or a volume of material adjacent to the surface to be characterized using an excitation generator, wherein the non-contact force comprises a step or impulse pressure; and(b) in response to the non-contact force, forming a displacement measurement, the displacement measurement comprising:(i) directing a transmit burst of ultrasound energy from a transducer to the surface or the volume of material adjacent the surface;(ii) receiving reflected ultrasound energy from the surface or the volume of material adjacent the surface with the transducer;(iii) setting a range gate for a first region of the reflected ultrasound energy;and (iv) distinguishing movement or displacement of the first region from movement or displacement of a second region based at least in part on the range gate .
9. (New) The method of claim 3, wherein the transducer comprises a capacitive micromachined ultrasonic transducer (cMUT) or a piezoelectric transducer.
1. A non-contact material characterization system comprising: an excitation generator, wherein the excitation generator is configured to generate a non-contact displacement force directed to an elastic surface or to a volume of material adjacent to the elastic surface, wherein the non-contact displacement force is directed along a direction to move the elastic surface or the volume in the direction; an ultrasound transducer, wherein the ultrasound transducer is configured to direct a transmit ultrasound signal to the elastic surface or to the volume, wherein the ultrasound transducer is configured to receive a reflected ultrasound signal from the elastic surface or the volume; and a processor coupled to the ultrasound transducer, wherein the processor is configured to determine a movement characteristic of the elastic surface or the volume based at least in part on the reflected ultrasound signal, wherein the processor is configured to distinguish movement in the direction from movement opposite the direction.
8. The non-contact material characterization system of claim 1, wherein the ultrasound transducer comprises a capacitive micromachined ultrasonic transducer (cMUT) or a piezoelectric transducer.
Claims 3-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-62 of U.S. Patent No. 10,675,001. Although the claims at issue are not identical, they are not patentably distinct from each other because both application and patent claim a system and method of characterization of a material using a non-contact displacement force and using ultrasound to characterize the material.
U. S. Application No. 18/947945
U. S. Patent No. 10,675,001
3. (New) A method for non-contact measurement of an elastic surface, the method comprising:(a) providing a non-contact force to a surface or a volume of material adjacent to the surface to be characterized using an excitation generator, wherein the non-contact force comprises a step or impulse pressure; and(b) in response to the non-contact force, forming a displacement measurement, the displacement measurement comprising:(i) directing a transmit burst of ultrasound energy from a transducer to the surface or the volume of material adjacent the surface;(ii) receiving reflected ultrasound energy from the surface or the volume of material adjacent the surface with the transducer;(iii) setting a range gate for a first region of the reflected ultrasound energy;and (iv) distinguishing movement or displacement of the first region from movement or displacement of a second region based at least in part on the range gate .
9. (New) The method of claim 3, wherein the transducer comprises a capacitive micromachined ultrasonic transducer (cMUT) or a piezoelectric transducer.
1. A non-contact medical diagnostic system comprising: an excitation generator, wherein the excitation generator is configured to generate a non-contact displacement force directed to an elastic surface or to a volume of material adjacent to the elastic surface, wherein the non-contact displacement force is a step or impulse pressure; an ultrasound transducer, wherein the ultrasound transducer is configured to direct a transmit ultrasound signal to the elastic surface or to the volume through a gas phase medium, wherein the ultrasound transducer is configured to receive a reflected ultrasound signal from the elastic surface or the volume; a processor coupled to the ultrasound transducer, wherein the processor is configured to determine a displacement of the elastic surface or the volume in response to the non-contact displacement force and the reflected ultrasound signal by analysis of a ringdown characteristic of a tissue motion in response to the step or impulse pressure.
10. The non-contact material characterization system of claim 1, wherein the ultrasound transducer comprises a capacitive micromachined ultrasonic transducer (cMUT) or a piezoelectric transducer.
Claims 3-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,660,074. Although the claims at issue are not identical, they are not patentably distinct from each other because both application and patent claim a system and method of characterization of a material using a non-contact displacement force and using ultrasound to characterize the material.
U. S. Application No. 18/947945
U. S. Patent No. 11,660,074
3. (New) A method for non-contact measurement of an elastic surface, the method comprising:(a) providing a non-contact force to a surface or a volume of material adjacent to the surface to be characterized using an excitation generator, wherein the non-contact force comprises a step or impulse pressure; and(b) in response to the non-contact force, forming a displacement measurement, the displacement measurement comprising:(i) directing a transmit burst of ultrasound energy from a transducer to the surface or the volume of material adjacent the surface;(ii) receiving reflected ultrasound energy from the surface or the volume of material adjacent the surface with the transducer;(iii) setting a range gate for a first region of the reflected ultrasound energy;and (iv) distinguishing movement or displacement of the first region from movement or displacement of a second region based at least in part on the range gate .
9. (New) The method of claim 3, wherein the transducer comprises a capacitive micromachined ultrasonic transducer (cMUT) or a piezoelectric transducer.
1. A non-contact material characterization system comprising: an excitation generator, wherein the excitation generator is configured to generate a non-contact displacement force directed to an elastic surface or to a volume of material adjacent to the elastic surface; an ultrasound transducer, wherein the ultrasound transducer is configured to direct a transmit ultrasound signal to the elastic surface or to the volume, wherein the ultrasound transducer is configured to receive a reflected ultrasound signal from the elastic surface or the volume, wherein the ultrasound transducer is configured to transmit the ultrasound signal to the elastic surface or to the volume through a gas phase medium; and a processor coupled to the ultrasound transducer, wherein the processor is configured to determine a displacement of the elastic surface or the volume in response to the non-contact displacement force and the reflected ultrasound signal.
8. The non-contact material characterization system of claim 1, wherein the ultrasound transducer comprises a capacitive micromachined ultrasonic transducer (cMUT) or a piezoelectric transducer.
Conclusion
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/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3793