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 .
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 04/06/2026 is acknowledged.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in The Republic of Korea on 07/10/2024. It is noted, however, that applicant has not filed a certified copy of the KR10-2024-0091114 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim element “ultrasound image generator” is a means (or step) plus function limitation that invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to clearly link or associate the disclosed structure, material, or acts to the claimed function such that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function. There is no disclosed structure for an ultrasound image generator.
Applicant is required to:
(a) Amend the claim so that the claim limitation will no longer be a means (or step) plus function limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it clearly links or associates the corresponding structure, material, or acts to the claimed function without introducing any new matter (35 U.S.C. 132(a)); or
(c) State on the record where the corresponding structure, material, or acts are set forth in the written description of the specification that perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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 10-18 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.
Regarding claim 10, it is unclear if the limitations “with one ultrasound transducer element” and “with all ultrasound transducer elements” is the same or related to the previously claimed “plurality of ultrasound transducer elements.”
Regarding claims 10-18, the use of the limitation “based on” renders the claims indefinite. It is not clear what, if any, relationship exists between the associated elements; e.g. mathematical, causal, incidental, etc.
Regarding claims 11-18, the depending claims introduce various claimed “signals” but it is not clear what relationship exists between the unsupported “ultrasound image generator”, the “ultrasound probe”, and the various “signals”, or if the signals meaningfully narrow the ultrasound probe or are just incidental transmissions/receptions e.g. ‘any’ electromagnetic signal could reasonably occur.
Claim element “ultrasound image generator” is a means (or step) plus function limitation that invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to clearly link or associate the disclosed structure, material, or acts to the claimed function such that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function. There is no disclosed structure for an ultrasound image generator therefore the limitation is indefinite.
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) 10-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nguyen et al. (US 2021/0338208 A1).
Regarding claim 10, Nguyen et al. (‘208) teach an ultrasound imaging apparatus comprising: an ultrasound probe including a plurality of ultrasound transducer elements, the ultrasound probe configured to obtain a plurality of sets of received ultrasound data by repeating a process of transmitting ultrasound to a target object with one ultrasound transducer element and receiving ultrasound reflected from the target object with all ultrasound transducer elements (“a two-dimensional array 12 of transducer elements” see [0019]; and Fig. 1a); and an ultrasound image generator configured to generate a plane wave synthetic focused image or a diverging wave synthetic focused image based on the plurality of sets of received ultrasound data (“plane wave or diverging beam” see [0031]).
Regarding claim 11, Nguyen et al. (‘208) teach the ultrasound imaging apparatus of claim 10, wherein the ultrasound image generator is configured to generate a plurality of plane wave reception signals that are obtained when plane waves are transmitted and received to and from the target object at various angles by analyzing the plurality of sets of received ultrasound data, generate a plane wave synthetic signal by synthesizing the plurality of plane wave reception signals, and generate a plane wave synthetic focused image based on the plane wave synthetic signal (see [0031]).
Regarding claim 12, Nguyen et al. (‘208) teach the ultrasound imaging apparatus of claim 11, wherein the ultrasound image generator is configured to calculate a transmission delay time and a reception delay time using Equations 1 and 2 below and generate a plane wave reception signal having an arbitrary angle that is obtained when transmitting and receiving a plane wave to the target object at an arbitrary angle based on the transmission delay time and the reception delay time:
τtx(x,z,xn,θs)=(x-xn)sinθs+zcosθsc[Equation1]
where, τ.sub.tx is a transmission delay time, x and z are the x-coordinate and z-coordinate of an image point, respectively, n is an index indicating an ultrasound transmission transducer element, x.sub.n is the x-coordinate of an ultrasound transmission transducer element n, s is an index indicating a plane wave angle, θ.sub.s is a plane wave angle, and c is speed of sound; and
τrx(x,z,xm)=(x-xm)2+z2c[Equation2]
where, τ.sub.rx is the reception delay time, m is an index indicating an ultrasound reception transducer element, and x.sub.m is the x-coordinate of an ultrasound reception transducer element m.
Regarding claim 13, Nguyen et al. (‘208) teach the ultrasound imaging apparatus of claim 12, wherein the ultrasound image generator is configured to generate the plane wave reception signal having the arbitrary angle using Equations 3 and 4 below:
τ(x,z,xn,xm,θs)=τtx(x,z,xn,θs)+τrx(x,z,xm)[Equation3]
ps(x,z)=.Math.n=1NiSF.Math.m=1Ntrn,m(τ(x,z,xn,xm,θs))[Equation4]
where, p.sub.s is a plane wave reception sound pressure signal, N.sub.iSF is the number of ultrasound transmissions, N.sub.t is the total number of ultrasound transducer elements used, and r.sub.n,m is a received ultrasound signal obtained by the ultrasound reception transducer element m according to ultrasound transmission of the ultrasound transmission transducer element n.
The limitation of this claim lack enablement and definite meaning, as well as failing to provide any structure. To the extent that the prior art is capable of ‘using’ the claimed functions, Nguyen et al. meets that reasonable interpretation (see [0022]-[0027]).
Regarding claim 14, Nguyen et al. (‘208) teach the ultrasound imaging apparatus of claim 13, wherein the ultrasound image generator is configured to generate the plane wave synthetic signal using Equation 5 below:
p(x,z)=.Math.s=1Nθps(x,z)=.Math.s=1Nθ.Math.n=1NiSF.Math.m=1Ntrn,m(τ(x,z,xn,xm,θs))[Equation5]
where p is the plane wave synthetic signal, and N.sub.θ is the total number of arbitrary plane wave angles to be synthesized.
The limitation of this claim lack enablement and definite meaning, as well as failing to provide any structure. To the extent that the prior art is capable of ‘using’ the claimed functions, Nguyen et al. meets that reasonable interpretation (see [0022]-[0027]).
Regarding claim 15, Nguyen et al. (‘208) teach the ultrasound imaging apparatus of claim 10, wherein the ultrasound image generator is configured to generate a plurality of diverging wave reception signals that are obtained when transmitting and receiving diverging waves generated from virtual sound sources at various locations to and from the target object by analyzing the plurality of sets of received ultrasound data, generate a diverging wave synthetic signal by synthesizing the plurality of diverging wave reception signals, and generate a diverging wave synthetic focused image based on the diverging wave synthetic signal (see [0031]).
Regarding claim 16, Nguyen et al. (‘208) teach the ultrasound imaging apparatus of claim 15, wherein the ultrasound image generator is configured to calculate a transmission delay time and a reception delay time using Equations 6 and 7 below and generate a diverging wave reception signal at an arbitrary location that is obtained when transmitting and receiving a diverging wave generated from a virtual sound source at an arbitrary location to and from the target object based on the transmission delay time and the reception delay time:
τtx(x,z,xn,xv,szv,s)=(x-xv,s)2+(z-zv,s)2-(xn-xv,s)2+(zv,s)2c[Equation6]
where, τ.sub.tx is a transmission delay time, x and z are the x-coordinate and z-coordinate of an image point, respectively, n is an index indicating an ultrasound transmission transducer element, x.sub.n is the x-coordinate of an ultrasound transmission transducer element n, s is an index indicating a virtual sound source location, x.sub.v,s and z.sub.v,s are the x-coordinate and the z-coordinate of the virtual sound source location s, respectively, and c is speed of sound; and
τrx(x,z,xm)=(x-xm)2+z2c[Equation7]
wherein, τ.sub.rx is a reception delay time, m is an index indicating an ultrasound reception transducer element, and x.sub.m is the x-coordinate of the ultrasound reception transducer element m.
The limitation of this claim lack enablement and definite meaning, as well as failing to provide any structure. To the extent that the prior art is capable of ‘using’ the claimed functions, Nguyen et al. meets that reasonable interpretation (see [0022]-[0027]).
Regarding claim 17, Nguyen et al. (‘208) teach the ultrasound imaging apparatus of claim 16, wherein the ultrasound image generator is configured to generate the diverging wave reception signal at the arbitrary location using Equations 8 and 9 below:
τ(x,z,xn,xm,xv,s,zv,s)=τtx(x,z,xn,xv,s,zv,s)+τrx(x,z,xm)[Equation8]
ps(x,z)=.Math.n=1NiSF.Math.m=1Ntrn,m(x,z,xn,xm,xv,s,zv,s)[Equation9]
where, p.sub.s is the diverging wave reception signal, N.sub.iSF is the number of ultrasound transmissions, N.sub.t is the total number of ultrasound transducer elements used, and r.sub.n,m is a received ultrasound signal obtained by the ultrasound reception transducer element m according to ultrasound transmission of the ultrasound transmission transducer element n.
The limitation of this claim lack enablement and definite meaning, as well as failing to provide any structure. To the extent that the prior art is capable of ‘using’ the claimed functions, Nguyen et al. meets that reasonable interpretation (see [0022]-[0027]).
Regarding claim 18, Nguyen et al. (‘208) teach the ultrasound imaging apparatus of claim 17, wherein the ultrasound image generator is configured to generate the diverging wave synthetic signal using Equation 10 below:
p(x,z)=.Math.s=1Nvps(x,z)=.Math.s=1Nv.Math.n=1NiSF.Math.m=1Ntrn,m(x,z,xn,xm,xv,s,zv,s)[Equation10]
where, p is the diverging wave synthesis signal, and N.sub.θ is the total number of diverging waves to be synthesized.
The limitation of this claim lack enablement and definite meaning, as well as failing to provide any structure. To the extent that the prior art is capable of ‘using’ the claimed functions, Nguyen et al. meets that reasonable interpretation (see [0022]-[0027]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00.
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/MARK D REMALY/Primary Examiner, Art Unit 3797
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