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 § 102
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 –
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walsh et al. (US 2020/0359996; hereinafter Walsh).
Walsh shows an ultrasound probe inserted into a body cavity ([0025]), the ultrasound probe comprising: an ultrasound transducer that radiates an ultrasound wave ([0033]); and a case that accommodates the ultrasound transducer ([0039]), wherein the case includes a puncture guide that is a hole or a notch into which a puncture needle is inserted and that guides a puncture direction of the puncture needle ([0041]), and a guide marker that is provided on an outer surface of the case and that indicates a guide direction of the puncture guide (0042]).
Walsh also shows wherein the guide marker is a figure that indicates an inclination of a wall in an end portion of the puncture guide in an axial direction (marker oriented at known angle from side port so that needle exiting side port will be correctly aligned with biopsy site; [0042], [0044], [0054]).
Claim Rejections - 35 USC § 103
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.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walsh et al. (US 2020/0359996; hereinafter Walsh) in view of Hirayama (US 2017/0281127).
Walsh shows the invention substantially as described in the 102 rejection above.
Walsh fails to show wherein the puncture guide has a tapered portion whose dimension in a front-rear direction decreases as the tapered portion advances from an entrance into the case, and the guide marker has a substantially triangular shape that is surrounded by a first line indicating an inclination of a wall at one end of the puncture guide in the axial direction, a second line indicating an inclination of a wall at the other end of the puncture guide in the axial direction, and a third line connecting the first line and the second line; wherein the guide marker includes a line that indicates a trajectory of a central axis of the puncture needle advancing along the wall in the end portion of the puncture guide in the axial direction; wherein a color of the guide marker is opposite to a color of the case.
Hirayama discloses an ultrasound probe. Hirayama teaches wherein the puncture guide has a tapered portion whose dimension in a front-rear direction decreases as the tapered portion advances from an entrance into the case, and the guide marker has a substantially triangular shape that is surrounded by a first line indicating an inclination of a wall at one end of the puncture guide in the axial direction, a second line indicating an inclination of a wall at the other end of the puncture guide in the axial direction, and a third line connecting the first line and the second line ([0041], [0053]3); wherein the guide marker includes a line that indicates a trajectory of a central axis of the puncture needle advancing along the wall in the end portion of the puncture guide in the axial direction ([0041]); wherein a color of the guide marker is opposite to a color of the case ([0060]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Walsh to utilize markings having different shapes, such as a triangular shape as taught by Hirayama, in order to aid the user by providing a visual indication of the puncture direction. Furthermore, it would be within the level of one of ordinary skill in the art, to utilize a variety of known shapes to provide the user with a readily visible marking to aid in the puncture procedure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bouazza-Marouf (US 2019/0282262) discloses ultrasound needle guides with various markings;
Mauldin (US 2014/0046186) discloses bone surface image reconstruction techniques using ultrasound, including needle insertion location estimation;
Stringer (US 2007/0016030) discloses an ultrasonic vascular sensor assembly including markings for indicating needle insertion angles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN CWERN whose telephone number is (571)270-1560. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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/JONATHAN CWERN/Primary Examiner, Art Unit 3797
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