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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/26/2024 has been considered by the examiner.
Claim Objections
Claims 1, 5, and 6 are objected to because of the following informalities: “…a second frame rate greater then the first frame rate…” should be “…a second frame rate greater than the first frame rate…” for clarity. Appropriate correction is required.
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 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-7, and 10-11 of U.S. Patent No. 11,672,512 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims are an obvious variant of the claim set from the patent only including minor differences in structure.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, line 8), 6 (see col. 20, lines 24-25) and 7 (see col. 20, line 61) of US patent ‘512 similarly recite receiving a first instruction.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 8-13), 6 (see col. 20, lines 24-29), and 7 (see col. 20, lines 62-67) of US patent ‘512 similarly recite determining a first imaging mode in response to the first instruction, wherein, the first imaging mode comprises a first frame rate, and the first frame rate is pre-configured with first imaging parameters comprising a first imaging range, a first pulse repetition frequency, a first line density or a first number of times for transmitting ultrasound waves.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 14-18), 6 (col. 20, lines 22-24), and 7 (see col. 21, lines 1-5) of US patent ‘512 similarly recite transmitting first ultrasound waves to a target object and receiving first ultrasound echoes of the first ultrasound waves returned from the target object according to the first imaging mode to obtain first ultrasound echo signals.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 19-21), 6 (col. 20, lines 30-31), and 7 (see col. 21, lines 6-8) of US patent ‘512 similarly recite generating a first contrast enhanced image having the first frame rate according to the first ultrasound echo signals.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, line 22), 6 (col. 20, lines 32-33), and 7 (see col. 21, line 9) of US patent ‘512 similarly recite receiving, via the processor, a second instruction input by the user.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 24-33), 6 (col. 20, lines 32-41), and 7 (see col. 21, lines 10-20) of US patent ‘512 similarly recite determining a second imaging mode in response to the second instruction, wherein, the second imaging mode comprises a second frame rate greater than the first frame rate, and the second frame rate is pre-configured with second imaging parameters comprising a second imaging range less than the first imaging range, a second pulse repetition frequency greater than the first pulse repetition frequency, a second line density less than the first line density or a second number of times for transmitting ultrasound waves less than the first number of times for transmitting ultrasound waves.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 34-38), 6 (col. 20, lines 42-46), and 7 (see col. 21, lines 21-25) of US patent ‘512 similarly recite transmitting second ultrasound waves to the target object and receiving second ultrasound echoes of the second ultrasound waves returned from the target object according to the second imaging mode to obtain second ultrasound echo signals.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 39-41), 6 (col. 20, lines 47-48), and 7 (see col. 21, lines 26-28) of US patent ‘512 similarly recite generating a second contrast enhanced image having the second frame rate according to the second ultrasound echo signals.
Claims 2 and 7 of the instant invention and claims 4 (see col. 19, lines 58-63) and 10 (see col. 22, lines 11-15) of US patent ‘512 similarly recites wherein, the second imaging mode is pre-configured with at least two frame rates and each of the at least two frame rates frame rate is pre-configured with a corresponding imaging parameter, and the second frame rate is determined from the at least two frame rates.
Claims 3 and 8 of the instant invention and claims 4 (see col. 19, lines 58-63) and 10 (see col. 22, lines 11-15) of US patent ‘512 similarly recites wherein, the second imaging mode is pre-configured with at least two frame rates and an execution sequence of the at least two frame rates, wherein each frame rate is pre-configured with a corresponding imaging parameter and an imaging duration.
Claims 3 and 8 of the instant invention and claims 4 (see col. 19, line 64) and 10 (see col. 22, line 18) of US patent ‘512 similarly recites receiving a third instruction.
Claims 3 and 8 of the instant invention and claims 4 (see col. 19, line 65 to col. 20, line 10) and 10 (see col. 22, lines 19-25) of US patent ‘512 similarly recites wherein, the transmitting the second ultrasound waves to the target object and receiving the second ultrasound echoes returned from the target object according to the second imaging mode to obtain the second ultrasound echo signals comprises: sequentially transmitting the second ultrasound waves to the target object and receiving the second ultrasound echoes returned from the target object according to the execution sequence and the pre-configured imaging parameter and the imaging duration of a corresponding frame rate in response to the third instruction to obtain the second ultrasound echo signals.
Claims 3 and 8 of the instant invention and claims 4 (see col. 19, lines 11-15) and 10 (see col. 22, lines 26-27) of US patent ‘512 similarly recites generating the second contrast enhanced image according to the second ultrasound echo signals comprises: sequentially generating contrast enhanced images according to the obtained second ultrasound echo signals.
Claims 4 and 9 of the instant invention and claims 5 (see col. 20, lines 16-20) and 11 (see col. 22, lines 30-33) of US patent ‘512 similarly recites receiving a fourth instruction; and stopping transmitting ultrasound waves to the target object and receiving ultrasound echoes returned from the target object in response to the fourth instruction.
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-8, and 11-13 of U.S. Patent No. 12,178,655 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims are an obvious variant of the claim set from the patent only including minor differences in structure.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 17-18), 7 (see col. 20, lines 40-41), and 8 (see col. 21, line 11) of US patent ‘655 similarly recite receiving a first instruction.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 19-24), 7 (see col. 20, lines 40-45), and 8 (see col. 21, lines 12-17) of US patent ‘655 similarly recite determining a first imaging mode in response to the first instruction, wherein, the first imaging mode comprises a first frame rate, and the first frame rate is pre-configured with first imaging parameters comprising a first imaging range, a first pulse repetition frequency, a first line density or a first number of times for transmitting ultrasound waves.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 25-29), 7 (see col. 20, lines 37-41), and 8 (see col. 21, lines 18-22) of US patent ‘655 similarly recite transmitting first ultrasound waves to a target object and receiving first ultrasound echoes of the first ultrasound waves returned from the target object according to the first imaging mode to obtain first ultrasound echo signals.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 30-32), 7 (see col. 20, lines 45-48), and 8 (see col. 21, lines 23-25) of US patent ‘655 similarly recite generating a first contrast enhanced image having the first frame rate according to the first ultrasound echo signals.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 33-34), 7 (see col. 20, lines 49-50), and 8 (see col. 21, line 26) of US patent ‘655 similarly recite receiving, via the processor, a second instruction input by the user.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 35-43), 7 (see col. 20, lines 49-56), and 8 (see col. 21, lines 27-35) of US patent ‘655 of US patent ‘512 similarly recite determining a second imaging mode in response to the second instruction, wherein, the second imaging mode comprises a second frame rate greater than the first frame rate, and the second frame rate is pre-configured with second imaging parameters comprising a second imaging range less than the first imaging range, a second pulse repetition frequency greater than the first pulse repetition frequency, a second line density less than the first line density or a second number of times for transmitting ultrasound waves less than the first number of times for transmitting ultrasound waves.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 44-48), 7 (see col. 20, lines 57-61), and 8 (see col. 21, lines 36-40) of US patent ‘655 similarly recite transmitting second ultrasound waves to the target object and receiving second ultrasound echoes of the second ultrasound waves returned from the target object according to the second imaging mode to obtain second ultrasound echo signals.
Claims 1, 5, and 6 of the instant invention and claims 1 (see col. 19, lines 49-51), 7 (see col. 20, lines 62-65), and 8 (see col. 21, lines 41-43) of US patent ‘655 similarly recite generating a second contrast enhanced image having the second frame rate according to the second ultrasound echo signals.
Claims 2 and 7 of the instant invention and claims 4 (see col. 20, lines 1-5) and 11 (see col. 22, lines 15-19) of US patent ‘655 similarly recites wherein, the second imaging mode is pre-configured with at least two frame rates and each of the at least two frame rates frame rate is pre-configured with a corresponding imaging parameter, and the second frame rate is determined from the at least two frame rates.
Claims 3 and 8 of the instant invention and claims 5 (see col. 20, lines 6-11) and 12 (see col. 22, lines 20-24) of US patent ‘655 similarly recites wherein, the second imaging mode is pre-configured with at least two frame rates and an execution sequence of the at least two frame rates, wherein each frame rate is pre-configured with a corresponding imaging parameter and an imaging duration.
Claims 3 and 8 of the instant invention and claims 5 (see col. 20, line 12) and 12 (see col. 22, line 26) of US patent ‘655 similarly recites receiving a third instruction.
Claims 3 and 8 of the instant invention and claims 5 (see col. 20, lines 14-26) and 12 (see col. 22, lines 28-35) of US patent ‘655 similarly recites wherein, the transmitting the second ultrasound waves to the target object and receiving the second ultrasound echoes returned from the target object according to the second imaging mode to obtain the second ultrasound echo signals comprises: sequentially transmitting the second ultrasound waves to the target object and receiving the second ultrasound echoes returned from the target object according to the execution sequence and the pre-configured imaging parameter and the imaging duration of a corresponding frame rate in response to the third instruction to obtain the second ultrasound echo signals.
Claims 3 and 8 of the instant invention and claims 5 (see col. 20, lines 27-30) and 12 (see col. 22, lines 36-37) of US patent ‘655 similarly recites generating the second contrast enhanced image according to the second ultrasound echo signals comprises: sequentially generating contrast enhanced images according to the obtained second ultrasound echo signals.
Claims 4 and 9 of the instant invention and claims 6 (see col. 20, lines 32-35) and 13 (see col. 22, lines 41-44) of US patent ‘655 similarly recites receiving a fourth instruction; and stopping transmitting ultrasound waves to the target object and receiving ultrasound echoes returned from the target object in response to the fourth instruction.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 –
(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.
Claims 1, 4-6, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishihara et al. (US 20150374337 A1, published December 31, 2015), hereinafter referred to as Nishihara.
Regarding claim 1, and similarly for claims 5 and 6, Nishihara teaches a contrast enhanced imaging method (see para. 0035 – “The Doppler processing circuitry 14 performs frequency analysis on velocity information from the reflected wave data received from the transmitting and receiving circuitry 11, extracts blood flow, tissue, and contrast agent echo components…”), comprising:
receiving, via a processor, a first instruction input by a user (Fig. 7, index is “1” (yes) S106 as input by user; see para. 0059 – “The control circuitry 17 determines whether index control has been received by the operator [instruction input by user] operating the button switch 3b (Step S103)…”);
determining a first imaging mode in response to the first instruction, wherein, the first imaging mode comprises a first frame rate, and the first frame rate is pre-configured with first imaging parameters comprising a first imaging range, a first pulse repetition frequency, a first line density or a first number of times for transmitting ultrasound waves (Fig. 10-11, index 1 as first imaging mode corresponds with scan range = 50% (imaging range), scan line density = 100%, frame rate = 5 fps, number of transmission and receptions = 2n (number of times for transmitting ultrasound waves));
transmitting first ultrasound waves to a target object and receiving first ultrasound echoes of the first ultrasound waves returned from the target object according to the first imaging mode to obtain first ultrasound echo signals (Fig. 7 and 11; see para. 0060 – “If the index is “1” (Step S106: Yes) [first imaging mode], the control circuitry 17 refers to the index control table, and controls the transmitting and receiving circuitry 11 to transmit and receive ultrasound waves with “scan range: 50%” and “number of transmission and receptions: 2n” (n=“2”). Scanning is then performed under these scan conditions by the transmitting and receiving circuitry 11 (Step S107).”);
generating a first contrast enhanced image having the first frame rate according to the first ultrasound echo signals (Fig. 10B as first contrast enhanced image having a first frame rate of 5 fps; see para. 0075 – “…the control circuitry 17, for example, may prepare indices of combinations illustrated in FIGS. 10A to 10D and control transmission and reception of ultrasound waves while displaying parameter marks illustrated in FIGS. 10A to 10D on the monitor 2.”);
receiving, via the processor, a second instruction input by the user (Fig. 7, index is “0” (yes) S104 as input by user; see para. 0059 – “The control circuitry 17 determines whether index control has been received by the operator [instruction input by user] operating the button switch 3b (Step S103)…”);
determining a second imaging mode in response to the second instruction, wherein, the second imaging mode comprises a second frame rate greater then (than) the first frame rate (Fig. 10-11, index 0 as second imaging mode corresponds with frame rate = 10 fps, where the second frame rate (10 fps) is greater than the first frame rate (5 fps)), and
the second frame rate is pre-configured with second imaging parameters comprising a second imaging range less than the first imaging range, a second pulse repetition frequency greater than the first pulse repetition frequency, a second line density less than the first line density or a second number of times for transmitting ultrasound waves less than the first number of times for transmitting ultrasound waves (Fig. 10-11, index 0 as second imaging mode corresponds with scan range = 100% (imaging range), scan line density = 100%, frame rate 10 fps, number of transmissions and receptions = n (second number of times for transmitting ultrasound waves is less than the first number of times for transmitting ultrasound waves of 2n from index 1));
transmitting second ultrasound waves to the target object and receiving second ultrasound echoes of the second ultrasound waves returned from the target object according to the second imaging mode to obtain second ultrasound echo signals (Fig. 7 and 11; see para. 0059 – “If the index is “0” (Step S104: Yes) [second imaging mode], the control circuitry 17 refers to the index control table, and controls the transmitting and receiving circuitry 11 to transmit and receive ultrasound waves with “scan range: 100%” and “number of transmission and receptions: n” (n=“2”). Scanning is then performed under these scan conditions by the transmitting and receiving circuitry 11 (Step S105).”); and
generating a second contrast enhanced image having the second frame rate according to the second ultrasound echo signals (Fig. 10A as second contrast enhanced image having a second frame rate of 10 fps; see para. 0075 – “…the control circuitry 17, for example, may prepare indices of combinations illustrated in FIGS. 10A to 10D and control transmission and reception of ultrasound waves while displaying parameter marks illustrated in FIGS. 10A to 10D on the monitor 2.”).
Furthermore, regarding claims 4 and 9, Nishihara further teaches receiving a fourth instruction; and stopping transmitting ultrasound waves to the target object and receiving ultrasound echoes returned from the target object in response to the fourth instruction (Fig. 1, ultrasound diagnostic apparatus 100, where ultrasound imaging systems inherently have an on/off button [fourth instruction] to start and stop transmitting and receiving ultrasound waves).
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with (see Claim objections, Double patenting rejections, and 102(a) rejections above). See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
For claims 2-3 and 7-8, no prior art was found that teaches wherein, the second imaging mode is pre-configured with at least two frame rates, and each of the at least two frame rates frame rate is pre-configured with a corresponding imaging parameter, as disclosed in the applicant’s specification (see para. 0184-0190) and Fig. 11, without hindsight reasoning. Any combination of the prior art of record does not explicitly teach this limitation as the limitation in combination with all of the other elements of the claim is not obvious or similar.
The closest prior art found to teach the combination of limitations is Jago (US 20170231599 A1, published August 17, 2017), which teaches an ultrasound imaging system where a relative frame rate may be selected for each of the plurality of imaging modes in the acquisition sequence, and the frame rate may be programmed into the system (e.g., by controlling the transmitter) to toggle between different imaging modes for different consecutive durations to control the number of frames received for each imaging mode (Fig. 4; see para. 0041), but does not explicitly teach the second imaging mode is pre-configured with at least two frame rates and each of the at least two frame rates frame rate is pre-configured with a corresponding imaging parameter, and the second frame rate is determined from the at least two frame rates without hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Satoh (US 20090312642 A1, published December 17, 2009) discloses generating an image signal at a first frame rate in the first imaging mode and a second frame rate higher than the first frame rate in the second imaging mode.
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/Nyrobi Celestine/
Examiner, Art Unit 3798