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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. With respect to claims 1 and 11, it is unclear what is meant when a processor element is recited as “processing of projecting a guide image”, as the processor, while inherently capable of processing “things” cannot individually project a guide image, and it is unclear exactly what the processor is configured to do in the claims.
It is appreciated by Examiner that from the disclosure the processor receives a guide image from a guide image creation unit; the guide image creation unit which utilizes the scanning region or scanning direction as well as information for an ultrasound probe regarding the width of a region of the ultrasound probe where an ultrasonic wave can be transmitted and received in order to create the aforementioned “guide image”. The processor takes this guide image and utilizes a “projection processing unit” do project the guide image onto a side of a compression member opposite to the compression side of the breast (0081-0085, instant specification).
It is believed that this recitation is what was intended for the instant independent claims, rather than the “processing of projecting a guide image” as stated. Examiner, recommends properly reciting the elements from the specification, as the recitation of the “processing of projecting a guide image” in the instant specification appears to direct to elements of instantly recited dependent claim 7 (see 0085). Examiner additionally recommends the recitation of the omitted elements below (see 112 rejection below).
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01.
The omitted elements are: The scanning information derivation unit (0083), the guide image creation unit (0084), the projection processing unit (0085). Additionally, it appears that the ultrasound probe or at least a recitation of the “medical imaging apparatus” (as is hypothetically supported in the specification) as well as the unit which is capable of physically “projecting” the element recited in claim 6, are required in order to actually project the derived/processed guide image. Should Applicant feel an interview to discuss the required elements would help expedite prosecution, Examiner would welcome such discussion when availability permits.
Allowable Subject Matter
Claims 1-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action, as no art discloses and teaches the processing of probe information (including effective width, 0082), scanning information (scanning region or direction), guide image creation (region/direction utilized to create the guide image, and projection processing of the created guide image onto the side of the compression member opposite the compression side of the breast (0085, element currently recited in claims).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL M. LAMPRECHT whose telephone number is (571)272-3250. The examiner can normally be reached Mon - Fri 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOEL LAMPRECHT/Primary Examiner, Art Unit 3798