DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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Claims 14-30 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 10,321891. Although the claims at issue are not identical, they are not patentably distinct from each other because both application and patent claim an ultrasound system with determining first and second TGC values at first and second depth.
U. S. Application No. 18/981,191
U. S. Patent No. 10,321,891
14. (New) An ultrasound system, comprising: a plurality of transducers configured to transmit an ultrasound signal to an object and receive echo signal reflected from the object; a beam former configured to focus the transmitted ultrasound signal and collect the echo signal with corresponding time delay; and a processor configured to: display at least one reference line on a touch panel, receive a touch input through the touch panel, wherein the touch input intersects with the displayed at least one reference line, and comprises a plurality of touch input points including a first touch input point and a second touch input point, determine a first time gain compensation(TGC) value and a second TGC value at two different depths corresponding to the first touch input point and the second touch input point respectively, perform compensation on the echo signal based on the determined first TGC value and the second TGC value, and generate an ultrasound image of the object based on the compensated echo signal, wherein the first touch input point and the second touch input point for setting the first TGC value and the second TGC value are received via a single touch input forming a single curve, and wherein the single curve is displayed on the touch panel, and the displayed at least one reference line and the displayed single curve are displayed as different types of lines.
15. (New) The ultrasound system of claim 14, wherein the processor is configured to amplify the collected echo signals and control gains of the amplified echo signals based on the first TGC value and the second TGC value to perform compensation on the echo signal.
22. (New) A method of controlling an ultrasound system comprising: transmitting an ultrasound signal to an object and receiving echo signal reflected from the object; focusing the transmitted ultrasound signal and collecting the echo signal with corresponding time delay; displaying at least one reference line; receiving a touch input, wherein the touch input intersects with the displayed at least one reference line, and comprises a plurality of touch input points including a first touch input point and a second touch input point; determining a first time gain compensation(TGC) value and a second TGC value at two different depths corresponding to the first touch input point and the second touch input point respectively, performing compensation on the echo signal based on the determined first TGC value and the second TGC value, and generating an ultrasound image of the object based on the compensated echo signal, wherein the first touch input point and the second touch input point for setting the first TGC value and the second TGC value are received via a single touch input forming a single curve, and wherein the single curve is displayed, and the displayed at least one reference line and the displayed single curve are displayed as different types of lines.
24. (New) The method of claim 22, further comprising displaying the at least one reference line and the single curve on a touch panel which receives the touch input.
1. An ultrasound diagnosis system, comprising: a probe configured to transmit an ultrasound signal to an object and acquiring an echo signal reflected from the object; a touch panel; and a processor configured to: via the touch panel, display multiple parallel lines, each of which corresponds to different depths for an ultrasound image generated from the echo signal; via the touch panel, receive a single touch input generating a curve intersecting successively with the multiple parallel lines, and adjust time gain compensation (TGC) values of two or more depths corresponding to the multiple parallel lines based on the successive intersection of the curve with the multiple parallel lines, wherein the single touch input successively intersects with a plurality of the displayed multiple parallel lines corresponding to the different depths.
5. The ultrasound diagnosis system of claim 1, wherein the processor is further configured to perform a TGC on the echo signals received from the probe and generate an ultrasound image based on the TGC performed echo signals.
11. A method for compensating an ultrasound image generated by an ultrasound diagnosis system, the method comprising steps of: transmitting, by a probe, an ultrasound signal to an object; receiving, by the probe, an echo signal reflected from the object; via a touch panel, displaying multiple parallel lines, each of which corresponds to different depths for an ultrasound image generated from the echo signal; via the touch panel, receiving a single touch input generating a curve intersecting successively with the multiple parallel lines; and adjusting time gain compensation (TGC) values of two or more depths corresponding to the multiple parallel lines based on the successive intersection of the curve with the multiple parallel lines, wherein the single touch input successively intersects with a plurality of the displayed multiple parallel lines corresponding to the different depths.
20. The ultrasound diagnosis system of claim 13, wherein the processor is configured to display the ultrasound image on the touch panel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY CATTUNGAL whose telephone number is (571)272-1306. The examiner can normally be reached M-F 9-5 EST.
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/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3798