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 .
Response to Amendment
Claim 1 stands cancelled. Claims 2-10 are newly added. Claims 2-10 are pending.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 2-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 10-11 of U.S. Patent No. 12190627 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because although they are different statutory classes, the present application is a variation of US 12190627 B2 and therefore, non-statutory, obviousness-type double patenting. See the mapped corresponding claims below.
18/955278
12190627
Claim 2. An imaging system for detecting and tracking motion of an object comprising:
Claim 1. An ultrasound imaging method, comprising: detecting movement of the pattern of data;
a transducer array comprising a plurality of transmit transducer elements configured to transmit a series of unfocused ultrasound tracking pings towards an object in a region of interest
transmitting a series of unfocused ultrasound tracking pings towards an object in a region of interest from one or more transmit elements of an ultrasound tranducer array
and a plurality of receive transducer elements configured to receive echoes from the series of unfocused ultrasound tracking pings;
receiving echoes from the series of unfocused ultrasound tracking pings with a plurality of receive elements of the ultrasound transducer array;
a controller operatively coupled to the transducer array and being configured to identify a pattern of data in raw un-beamformed data from the received echoes and detect movement of the pattern of data;
identifying a pattern of data in raw un-beamformed data from the received echoes;
and a display configured to indicate that movement of the pattern of data has occurred.
and indicating that movement of the pattern of data has occurred.
Claim 10 indicating on a display that movement of the pattern of data has occurred.
Claim 3
Claim 2
Claim 4
Claim 3
Claim 5
Claim 4
Claim 6
Claim 5
Claim 7
Claim 6
Claim 8
Claim 7
Claim 9
Claim 8
Claim 10
Claim 11
Allowable Subject Matter
Claims 2-10 would be allowable once the double patenting rejection described herein above is overcome.
The innovation that makes claim 2 allowable is “receiving echoes from the series of unfocused ultrasound tracking pings with a plurality of receive elements of the ultrasound transducer array; identifying a pattern of data in raw un-beamformed data from the received echoes; detecting movement of the pattern of data; and indicating that movement of the pattern of data has occurred”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DELOMIA L GILLIARD whose telephone number is (571)272-1681. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DELOMIA L GILLIARD/Primary Examiner, Art Unit 2661
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