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 .
Response to Amendment
The reply filed on 05/07/2026 has been entered. Claims 1-20 remain pending in the current application. The amendments to the claim 2 have overcome the 35 USC 112 rejection of claims 2-7.
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.
Claim(s) 1-7, 10-11, and 13-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Janicki et al (US 2014/0276092).
Regarding claim 1, Janicki teaches a system, comprising (para. 0017; a needle-accommodating ultrasonic probe, or transducer 100):
a transducer array located on a distal face of an imager, the transducer array comprising a first block and a second block, wherein (figure 1, para. 0018; The disk/transducer 100 can contain two or more linear arrays 106 of crystal (also referred to herein as transducer elements) that emit and then receive ultrasonic sound waves. For example, the ultrasonic transducer 100 may include a disk that contains two or three linear arrays 106 that are parallel to each other and located approximately 1 cm apart. The disk 100 includes a split 110 forming two portions or halves that can be separated from each other. The examiner notes that the transducer desk comprise two blocks/arrays that contain transducer elements that can be split and divided in two portions or halves):
the transducer array generates anatomical imaging data of an anatomical site when placed on a target body zone (para. 0019; graphical image 200 generated from signals received by the transducer. The arrays 106 can be configured to fire sequentially such that each array 106 transmits and receives ultrasonic signals independently of and without interference by the other arrays. The ultrasound image can be rendered as two or three images 202, 204, 206 of the area underneath the transducer 100.),
the first block and the second block are configured to be flexed apart in which at least one of: flexing apart the first block and the second block completely separates the first block from the second block, or flexing apart the first block and the second block comprises rotating at least one of the first block or the second block around an axis parallel to a longitudinal axis of the transducer array (figures 5-6, paras. 0018 and 0022; The disk 100 includes a split 110 forming two portions or halves that can be separated from each other. The disk/transducer 100 can, in some embodiments, be divided into hinged halves, or other suitable portions of the circle allowing opening of the disk/transducer 100 to allow insertion of the sterile sheet or tube 130 into the center opening 108 of the disk/transducer 100, after such insertion the disk/transducer 100 can be closed and ready to use. The examiner notes that a desk transducer including split 110 that divides the desk into two hinged halves 112. As shown in figures 5-6, the disk transducer is opened by rotating on of the first or second portions relative to the other about an axis extending along the longitudinal axis of the transducer. Additionally, opening the disk transducer completely separates the transducer arrays 106 disposed on respective portions 112.), and
whereby flexing the first block and the second block apart provides a volume a user can access to perform a medical or surgical procedure when the transducer array is placed on or adjacent to the target body zone (paras. 0018 and 0023; The disk 100 includes a split 110 forming two portions or halves that can be separated from each other. The disk/transducer 100 can, in some embodiments, be divided into hinged halves, or other suitable portions of the circle allowing opening of the disk/transducer 100 to allow insertion of the sterile sheet or tube 130 into the center opening 108 of the disk/transducer 100, after such insertion the disk/transducer 100 can be closed and ready to use.).
Regarding claim 2, Janicki teaches the system of claim 1, further comprising one or more processors, the one or more processors configured to: receive, from the transducer array, at least one of: the anatomical image data of the anatomical site (paras. 0019-0020; a graphical image 200 generated from signals received by the transducer. The arrays 106 can be configured to fire sequentially such that each array 106 transmits and receives ultrasonic signals independently of and without interference by the other arrays. The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor.), or
when the first block and second block are flexed apart, image data associated with the medical or surgical procedure, the image data comprising at least one of a medical instrument or the target body zone (paras. 0019-0020 and 0022; The images 202, 204, 206 can then be graphically summarized on the screen 208 showing a segment of the vessel 120 user is trying to access and a cross-hair 210 or other marker indicating an executable needle insertion site. The cross-hair 210 may, for example, indicate the point of penetration of the needle or instrument into the vessel or other structure if the needle is inserted through the opening 108. The examiner notes that in order to inset the needle through the opening the desk has to be split open, therefore the image of the structure and the cross-hair indicating the point of penetration of the needle when the needle is inserted through the opening is acquired when the desk is split in half.); and
generate, based on the at least one of received anatomical image data or the image data associated with the medical or surgical procedure, a representation of the target body zone (paras. 0020 and 0023-0024; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor.).
Regarding claim 3, Janicki teaches the system of claim 2, further comprising a graphic user interface (GUI) or a remote display screen (paras. 0017 and 0020; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor.).
Regarding claim 4, Janicki teaches the system of claim 3, wherein the one or more processors are further configured to provide for output, via the GUI or remote display, the representation of the target body zone (paras. 0017 and 0020; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor.).
Regarding claim 5, Janicki teaches the system of claim 4, wherein when the representation of the target body zone is generated with the image data associated with the medical or surgical procedure, the representation is of the anatomical site and the medical or surgical procedure (para. 0020; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor. If the arrays 106 are aligned at approximately 90 degrees to the longitudinal axis 122 of the vessel 120, the images 202, 204, 206 will be almost identical. The images 202, 204, 206 can then be graphically summarized on the screen 208 showing a segment of the vessel 120 user is trying to access and a cross-hair 210 or other marker indicating an executable needle insertion site. The cross-hair 210 may, for example, indicate the point of penetration of the needle or instrument into the vessel or other structure if the needle is inserted through the opening 108.).
Regarding claim 6, Janicki teaches the system of claim 2, wherein the one or more processors are further configured to: triangulate locations of the transducer array (para. 0020 and claim 8; If the arrays 106 are aligned at approximately 90 degrees to the longitudinal axis 122 of the vessel 120. wherein the processor is further configured to calculate a degree of alignment of the at least two ultrasound transducer elements with respect to a longitudinal axis of the anatomical structure.); combine the anatomical imaging data (para. 0020; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor.); and generate a volumetric data set of the anatomical site (paras. 0020 and 0024; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor. wo- or three-dimensional color or black and white graphic representations of the structures in the region can, in some embodiments, replace conventional black and white grainy ultrasonic images.).
Regarding claim 7, Janicki teaches the system of claim 6, wherein the volumetric data set comprises anatomical features located behind any of bones, body fluids and other features that are image impediments (para. 0019; The arrays 106 can be configured to fire sequentially such that each array 106 transmits and receives ultrasonic signals independently of and without interference by the other arrays. The ultrasound image can be rendered as two or three images 202, 204, 206 of the area underneath the transducer 100. Each image 202, 204, 206 may, for example, include a graphical representation of at least a portion of the vessel or other structure detected by the corresponding array 106. The graphical representation may be, for example, an artificial or simplified representation of the actual vessel 120 or other structure being imaged (e.g., not a literal representation of the actual vessel). The examiner notes that the volumetric data comprise the vessel without other structures imaged by the transducer and are Infront of the vessel).
Regarding claim 10, Janicki teaches the system of claim 1, wherein the transducer array comprises at least one of capacitive micromachined ultrasonic transducers (CMUT), piezoelectric micromachined ultrasonic transducers (PMUT), ultrasonic transducers, or piezoelectric transducers (para. 0018; he disk/transducer 100 can contain two or more linear arrays 106 of crystal (also referred to herein as transducer elements) that emit and then receive ultrasonic sound waves.).
Regarding claim 11, Janicki teaches the system of claim 1, wherein the system is a stand-alone imaging system for an imaging procedure selected from abdominal, venous, pelvic, transabdominal, transvaginal, transrectal, obstetric carotid and abdominal aorta imaging (paras. 0023-0024; In use, a user can take the disk/transducer 100 and place it at the surgically prepped desired region of the patient for the particular vascular or other access. the structures for the particular region (e.g., femoral triangle, neck, subclavian region)).
Regarding claim 13, Janicki teaches the system of claim 1, the transducer array comprising rows of transducers, wherein the rows are configured to be individually or simultaneously activated (para. 0019; The arrays 106 can be configured to fire sequentially such that each array 106 transmits and receives ultrasonic signals independently of and without interference by the other arrays.).
Regarding claim 14, Janicki teaches the system of claim 1, wherein when the first and second blocks are flexed apart: the first block is configured to collect first data associated with the anatomical site, and the second block is configured to collect second data associated with the anatomical site, wherein the second data is different from the first data (paras. 0019-0020; a graphical image 200 generated from signals received by the transducer. The arrays 106 can be configured to fire sequentially such that each array 106 transmits and receives ultrasonic signals independently of and without interference by the other arrays. The ultrasound image can be rendered as two or three images 202, 204, 206 of the area underneath the transducer 100. Each image 202, 204, 206 may, for example, include a graphical representation of at least a portion of the vessel or other structure detected by the corresponding array 106. The examiner notes that images generated by the first block (array) is different than imaged generated by the second block (array) because each image represent a portion of the anatomy it is aligned with.).
Regarding claim 15, Janicki teaches the system of claim 14, further comprising one or more processors, the one or more processors configured to: receive the first and second data from the first and second blocks (para. 0019; a graphical image 200 generated from signals received by the transducer. The arrays 106 can be configured to fire sequentially such that each array 106 transmits and receives ultrasonic signals independently of and without interference by the other arrays. The ultrasound image can be rendered as two or three images 202, 204, 206 of the area underneath the transducer 100. Each image 202, 204, 206 may, for example, include a graphical representation of at least a portion of the vessel or other structure detected by the corresponding array 106.); and generate, based on the first and second data, a three-dimensional representation of the anatomical site (paras. 0019-0020 and 0024; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor. Two- or three-dimensional color or black and white graphic representations of the structures).
Regarding claim 16, Janicki teaches a method, comprising:
positioning a transducer array at a target body zone, wherein (para. 0023; a user can take the disk/transducer 100 and place it at the surgically prepped desired region of the patient for the particular vascular or other access):
the transducer array is located on a distal face of an imager (para. 0018; The disk/transducer 100 can contain two or more linear arrays 106 of crystal (also referred to herein as transducer elements) that emit and then receive ultrasonic sound waves. For example, the ultrasonic transducer 100 may include a disk that contains two or three linear arrays 106 that are parallel to each other and located approximately 1 cm apart.),
the transducer array comprises a first block and a second block (para. 0018; The disk/transducer 100 can contain two or more linear arrays 106 of crystal (also referred to herein as transducer elements) that emit and then receive ultrasonic sound waves. For example, the ultrasonic transducer 100 may include a disk that contains two or three linear arrays 106 that are parallel to each other and located approximately 1 cm apart. the disk 100 includes a split 110 forming two portions or halves that can be separated from each other.), and
the transducer array is configured to capture anatomical image data of an anatomical site associated with the target body zone (paras. 0019-0020; a graphical image 200 generated from signals received by the transducer. he images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor.);
flexing the transducer array such that the first block and the second block are separated, the flexing apart comprising at least one of: completely separating the first block from the second block, or rotating at least one of the first block or the second block around an axis parallel to a longitudinal axis of the transducer array (figures 5-6, paras. 0018 and 0022; The disk 100 includes a split 110 forming two portions or halves that can be separated from each other. The disk/transducer 100 can, in some embodiments, be divided into hinged halves, or other suitable portions of the circle allowing opening of the disk/transducer 100 to allow insertion of the sterile sheet or tube 130 into the center opening 108 of the disk/transducer 100, after such insertion the disk/transducer 100 can be closed and ready to use. The examiner notes that a desk transducer including split 110 that divides the desk into two hinged halves 112. As shown in figures 5-6, the disk transducer is opened by rotating on of the first or second portions relative to the other about an axis extending along the longitudinal axis of the transducer. Additionally, opening the disk transducer completely separates the transducer arrays 106 disposed on respective portions 112.);
receiving, by one or more processors after the transducer array is flexed, first image data from the first block and second image data from the second block while a medical or surgical procedure is being performed at the target body zone (paras. 0019-0020; The arrays 106 can be configured to fire sequentially such that each array 106 transmits and receives ultrasonic signals independently of and without interference by the other arrays. The ultrasound image can be rendered as two or three images 202, 204, 206 of the area underneath the transducer 100. The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor. If the arrays 106 are aligned at approximately 90 degrees to the longitudinal axis 122 of the vessel 120, the images 202, 204, 206 will be almost identical. The images 202, 204, 206 can then be graphically summarized on the screen 208 showing a segment of the vessel 120 user is trying to access and a cross-hair 210 or other marker indicating an executable needle insertion site. The cross-hair 210 may, for example, indicate the point of penetration of the needle or instrument into the vessel or other structure if the needle is inserted through the opening 108.); and
generating, by one or more processors based on the first and second image data, a representation of the medical or surgical procedure at the target body zone (paras. 0020 and 0023; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor. If the arrays 106 are aligned at approximately 90 degrees to the longitudinal axis 122 of the vessel 120, the images 202, 204, 206 will be almost identical. The images 202, 204, 206 can then be graphically summarized on the screen 208 showing a segment of the vessel 120 user is trying to access and a cross-hair 210 or other marker indicating an executable needle insertion site. The cross-hair 210 may, for example, indicate the point of penetration of the needle or instrument into the vessel or other structure if the needle is inserted through the opening 108. The image on the monitor can display the underlying structures with the cross-hair symbol 210 hovering in the center of the image if the disk/transducer 100 is properly aligned with the underlying vessel 120 or structure. Once the suitable insertion point is identified, the user can insert the needle 140 through the sterile channel 130 in the center of the disk/transducer 100 and advance it until the lumen of the vessel 120 or other desired structure is reached.).
Regarding claim 17, Janicki teaches the method of claim 16, further comprising providing for output, by the one or more processors via a graphic user interface of a remote display screen, the representation of the medical or surgical procedure (para. 0020; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor. If the arrays 106 are aligned at approximately 90 degrees to the longitudinal axis 122 of the vessel 120, the images 202, 204, 206 will be almost identical. The images 202, 204, 206 can then be graphically summarized on the screen 208 showing a segment of the vessel 120 user is trying to access and a cross-hair 210 or other marker indicating an executable needle insertion site. The cross-hair 210 may, for example, indicate the point of penetration of the needle or instrument into the vessel or other structure if the needle is inserted through the opening 108.).
Regarding claim 18, Janicki teaches the method of claim 17, wherein the representation of the medical or surgical procedure comprises a visualization of the anatomical site and the medical or surgical procedure (para. 0020; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor. If the arrays 106 are aligned at approximately 90 degrees to the longitudinal axis 122 of the vessel 120, the images 202, 204, 206 will be almost identical. The images 202, 204, 206 can then be graphically summarized on the screen 208 showing a segment of the vessel 120 user is trying to access and a cross-hair 210 or other marker indicating an executable needle insertion site. The cross-hair 210 may, for example, indicate the point of penetration of the needle or instrument into the vessel or other structure if the needle is inserted through the opening 108.).
Regarding claim 19, Janicki teaches the method of claim 18, wherein the visualization of the anatomical site is a three-dimensional representation of the anatomical site (paras. 0020 and 0024; The images 202, 204, 206 can be summarized (e.g., in an overlay or additive manner) on a display 208 and presented in the form of graphic image of the target area (e.g., the vessel 120 or other structure) by a processor. Two- or three-dimensional color or black and white graphic representations of the structures in the region).
Claim Rejections - 35 USC § 103
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 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) 8-9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Janicki et al (US 2014/0276092) in the view of Hakkens et al. (US 2018/0130457).
Regarding claim 8, Janicki teaches the system of claim 1, however, fails to explicitly teach wherein the transducer array includes transducers disposed in a substrate.
Hakkens, in the same field of endeavor, teaches the transducer array includes transducers disposed in a substrate (paras. 0040; a plurality of ultrasound transducer elements 20 on a carrier 10. The carrier 10 may be any suitable carrier, e.g. a rigid carrier such as a semiconductor, e.g. silicon or glass carrier, or a flexible carrier, e.g. a polymer carrier).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the desk transducer of Janicki to incorporate the teaching of Hakkens to include a substrate where the transducers are disposed on. Doing so would improve the flexibility of the transducer and allow the transducer to deform and conform to a surface on which the array is placed as disclosed within Hakkens in para. 0045.
Regarding claim 9, Janicki teaches the wherein the flexing apart of the first block and the second block allows for the medical or surgical procedure to be performed within an area defined by imager while the transducer array is placed on the target body zone (para. 0022; The disk/transducer 100 can, in some embodiments, be divided into hinged halves, or other suitable portions of the circle allowing opening of the disk/transducer 100 to allow insertion of the sterile sheet or tube 130 into the center opening 108 of the disk/transducer 100).
However, Janicki fails to explicitly teach a substrate.
Hakkens, in the same field of endeavor, teaches the transducer array includes transducers disposed in a substrate (paras. 0040; a plurality of ultrasound transducer elements 20 on a carrier 10. The carrier 10 may be any suitable carrier, e.g. a rigid carrier such as a semiconductor, e.g. silicon or glass carrier, or a flexible carrier, e.g. a polymer carrier).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the desk transducer of Janicki to incorporate the teaching of Hakkens to include a substrate where the transducers are disposed on. Doing so would improve the flexibility of the transducer and allow the transducer to deform and conform to a surface on which the array is placed as disclosed within Hakkens in para. 0045.
Regarding claim 20, Janicki teaches the method of claim 16, however, fails to explicitly teach wherein the positioning and flexing of the transducer array is semi-autonomous.
Hakkens, in the same field of endeavor, teaches positioning and flexing of the transducer array is semi-autonomous (para. 0040, 0042, and 0045; The carrier 10 carries an actuator arrangement 30 comprising a plurality of actuators, wherein each actuator is made of a material having an adjustable shape in response to an electromagnetic stimulus 50, wherein the material is arranged to change the orientation of the ultrasound transducer elements 20 in response to said stimulus. Each actuator of the actuator arrangement 30 is typically connected between an off-center portion of an ultrasound transducer element 20, e.g. a peripheral region of the ultrasound transducer element 20 and the carrier 10 such that upon application of the electromagnetic stimulus, or electromagnetic stimuli, the actuators of the actuator arrangement 30 deform in accordance with the strength of the applied stimulus and the off-center portion of the ultrasound transducer element 20 is displaced relative to the carrier 10 by the deformation of its associated actuator).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the desk transducer of Janicki to incorporate the teaching of Hakkens to include an actuators for flexing the transducer array. Doing so would conform the ultrasound array to a surface on which the array is placed, e.g. a part of the body of a patient, wherein the actuated ultrasound array is deformed to match the contours of the body portion. This for instance ensures a good contact between the ultrasound array and the body portion, thereby obviating the need for (large amounts of) contact gel between the ultrasound array and the body portion to achieve the desired close contact as disclosed within Hakkens in para. 0045.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Janicki et al (US 2014/0276092) in the view of Stoianovici et al. (US 2015/0065886).
Regarding claim 12, Janicki teaches the system of claim 1, wherein the medical or surgical procedure includes at least one of positioning of needles or cannulae into a patient (para. 0020; he images 202, 204, 206 can then be graphically summarized on the screen 208 showing a segment of the vessel 120 user is trying to access and a cross-hair 210 or other marker indicating an executable needle insertion site.).
However, Janicki fails to explicitly teach the procedure includes at least one of semi- or fully autonomous positioning of needles or cannula.
Stoianovici, in the same field of endeavor, teaches fully autonomous positioning of needles or cannula (para. 0019; A second motor is operatively coupled to the needle guide pivot to pivot the biopsy needle within the channel. A spacer can also be included, such that the depth of the needle is adjustable thus providing a second degree-of-freedom to the biopsy needle.).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the manual needle insertion of Janicki to incorporate the teaching of Stoianovici to include autonomous insertion of the needle. Doing so would reduce user the need for operator who are skilled and trained to perform the procedure, ensures that the needle is inserted at the correct location, and improves safety and accuracy of the procedure.
Response to Arguments
Applicant’s arguments, see remarks, filed 05/07/2026, with respect to the claims objection have been fully considered and are persuasive. The objection of claim 12 has been withdrawn.
Applicant’s arguments, see remarks, filed 05/07/2026, with respect to the 35 USC 112 rejection of claim 6 have been fully considered and are persuasive. The 35 USC 112 rejection of claim 6 has been withdrawn.
Applicant's arguments filed 05/07/2026 have been fully considered but they are not persuasive. The applicant argues that Janicki fails to disclose “the first block and the second block are configured to be flexed apart in which at least one of: flexing apart the first block and the second block completely separates the first block from the second block, or flexing apart the first block and the second block comprises rotating at least one of the first block or the second block around an axis parallel to a longitudinal axis of the transducer array”. The examiner respectfully disagrees. Janicki expressly disclose that the disk transducer may be divided into two hinged halves or other suitable portions of the circle, thereby allowing the disk transducer to be opened for insertion of a needle. As shown in figure 5-6, opening the disk transducer causes the first and second portions (112), including the transducer arrays (106) disposed thereon, to move apart from one another, thereby creating an opening between the portions. The claim defines “flexing apart” as including either 1- complete separating the first block and the second block or 2- rotating at least one of the first or second block around an axis parallel to a longitudinal axis of the transducer array. Janicki disclose in the figures that the hinged haves are opened by rotational movement of one portion relative to the other. Additionally, upon opening, the transducer arrays (106) disposed on the respective potions are completely separated from one another by the opening created between the portions. Furthermore, the claim requires the complete separation of the transducer elements (blocks) and not complete separation of the support that the transducer array is disposed on.
The applicant acknowledges that the reference disclose hinged portions that separate when opened. The claim expressly define “flexing apart” as comprising rotation of at least one of the blocks. Therefore, the rotational opening of the hinged portions disclosed by Janicki satisfies the claimed flexing apart regardless of whether split 110 is illustrated as extended completely through the disk in every figure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2007/0078345, to Mo et al, Flexible ultrasound transducer array. The reference disclose a transducer array that comprise two subarrays disposed on a flexible substrate that is configure to be stretched/flexed apart to conform to contours of patient body.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
/ZAINAB MOHAMMED ALDARRAJI/ Patent Examiner, Art Unit 3797
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