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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,290,401 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the current application are generic with respect to claims of US. Patent No. 12,290,401 B2. Claim concordance is listed below.
Current application
U.S. Patent No. 12,290,401 B2
1. A handheld ultrasound scanning device, comprising: a main body housing configured for handheld use, wherein the main body housing comprises a first side and a different second side; and an ultrasound transducer coupled to the second side of the main body housing and configured to obtain ultrasound data, wherein the main body housing comprises a communication interface communicatively coupled to the ultrasound transducer and configured to transmit the ultrasound data obtained by the ultrasound transducer to a processor and display assembly configured to display ultrasound images representative of the ultrasound data, wherein the first side of the main body housing includes one or more retention features at least partially around a retention region, wherein the retention region is sized and shaped to receive the processor and display assembly, and wherein the one or more retention features are configured to retain the processor and display assembly in contact with the main body housing at a position and orientation relative to the main body housing, such that the processor and display assembly can be removed from the retention region.
11. The handheld ultrasound scanning device of claim1, wherein the communication interface is configured to maintain communication with the processor and display assembly when the processor and display assembly is received within the retention region and when the processor and display assembly is removed from the retention region.
1. A handheld ultrasound scanning device, comprising: a main body housing configured for handheld use, wherein the main body housing comprises a first side and a different second side; and an ultrasound transducer coupled to the second side of the main body housing and configured to obtain ultrasound data, wherein the main body housing comprises a communication interface communicatively coupled to the ultrasound transducer and configured to transmit the ultrasound data obtained by the ultrasound transducer to a processor and display assembly configured to display ultrasound images representative of the ultrasound data, wherein the communication interface is configured to maintain communication with the processor and display assembly when the processor and display assembly is received within the retention region and when the processor and display assembly is removed from the retention region, wherein the first side of the main body housing includes one or more retention features at least partially around a retention region, wherein the retention region is sized and shaped to receive the processor and display assembly, and wherein the one or more retention features are configured to retain the processor and display assembly in contact with the main body housing at a position and orientation relative to the main body housing, such that the processor and display assembly can be removed from the retention region; and a power or data cable coupling the main body housing to the processor and display assembly, wherein the power or data cable is connected to a first power or data socket in the main body housing to form a first power or data connection, and wherein the power or data cable is connected to a second power or data socket in the processor and display assembly to form a second power or data connection, wherein the first power or data connection of the power or data cable and the first power or data socket comprises a first retention force, wherein the second power or data connection of the power or data cable and the second power or data socket comprises a second retention force, wherein the first retention force and the second retention force exceed a weight of the handheld ultrasound scanning device.
2. The handheld ultrasound scanning device of claim 1, further comprising the processor and display assembly, wherein the processor and display assembly comprises a smartphone or tablet computer.
2. The handheld ultrasound scanning device of claim 1, further comprising the processor and display assembly, wherein the processor and display assembly comprises a smartphone or tablet computer.
3. The handheld ultrasound scanning device of claim 1, wherein the one or more retention features are configured to slidably retain the processor and display assembly such that the processor and display assembly can be repositioned at a plurality of positions relative to the main body housing.
3. The handheld ultrasound scanning device of claim 1, wherein the one or more retention features are configured to slidably retain the processor and display assembly such that the processor and display assembly can be repositioned at a plurality of positions relative to the main body housing.
4. The handheld ultrasound scanning device of claim 3, wherein the one or more retention features slidably retain the processor and display assembly such that the processor and display assembly can be repositioned to expose a camera of the processor and display assembly.
4. The handheld ultrasound scanning device of claim 3, wherein the one or more retention features slidably retain the processor and display assembly such that the processor and display assembly can be repositioned to expose a camera of the processor and display assembly.
5. The handheld ultrasound scanning device of claim 3, wherein the one or more retention features comprise a stop positioned to arrest sliding of the processor and display assembly in a first direction while permitting the sliding of the processor and display assembly in an opposite second direction.
5. The handheld ultrasound scanning device of claim 3, wherein the one or more retention features comprise a stop positioned to arrest sliding of the processor and display assembly in a first direction while permitting the sliding of the processor and display assembly in an opposite second direction.
6. The handheld ultrasound scanning device of claim 5, wherein the stop comprises a retention lip.
6. The handheld ultrasound scanning device of claim 5, wherein the stop comprises a retention lip.
7. The handheld ultrasound scanning device of claim 1, wherein the one or more retention features comprise a plurality of rails projecting from the first side of the main body housing and positioned on opposing sides of the retention region.
7. The handheld ultrasound scanning device of claim 1, wherein the one or more retention features comprise a plurality of rails projecting from the first side of the main body housing and positioned on opposing sides of the retention region.
8. The handheld ultrasound scanning device of claim 7, wherein at least one rail comprises a retention lip or a curved inner surface matched to an outer surface of the processor and display assembly.
8. The handheld ultrasound scanning device of claim 7, wherein at least one rail comprises a retention lip or a curved inner surface matched to an outer surface of the processor and display assembly.
9. The handheld ultrasound scanning device of claim 1, wherein the one or more retention features comprise one or more magnets, and wherein the processor and display assembly comprises a magnetically attractable material.
9. The handheld ultrasound scanning device of claim 1, wherein the one or more retention features comprise one or more magnets, and wherein the processor and display assembly comprises a magnetically attractable material.
10. The handheld ultrasound scanning device of claim 1, wherein the one or more retention features comprise a magnetically attractable material, and wherein the processor and display assembly comprises one or more magnets.
10. The handheld ultrasound scanning device of claim 1, wherein the one or more retention features comprise a magnetically attractable material, and wherein the processor and display assembly comprises one or more magnets.
12. The handheld ultrasound scanning device of claim 1, wherein the communication interface comprises at least one of a conductive pin or a conductive trace configured to be in electrical communication with at least one of a conductive trace or a conductive pin of the processor and display assembly.
12. The handheld ultrasound scanning device of claim 1, wherein the communication interface comprises at least one of a conductive pin or a conductive trace configured to be in electrical communication with at least one of a conductive trace or a conductive pin of the processor and display assembly.
13. The handheld ultrasound scanning device of claim 1, wherein the communication interface is configured to transmit the ultrasound data to the processor and display assembly by a wireless link.
13. The handheld ultrasound scanning device of claim 1, wherein the communication interface is configured to transmit the ultrasound data to the processor and display assembly by a wireless link.
14. The handheld ultrasound scanning device of claim 1, further comprising an ultrasound transducer cartridge comprising a cartridge body removably coupled to the second side of the main body housing, wherein the ultrasound transducer is coupled to a side of the cartridge body.
14. The handheld ultrasound scanning device of claim 1, further comprising an ultrasound transducer cartridge comprising a cartridge body removably coupled to the second side of the main body housing, wherein the ultrasound transducer is coupled to a side of the cartridge body.
15. The handheld ultrasound scanning device of claim 14, wherein the cartridge body is configured to form a moisture and dust-resistant enclosure with the main body housing.
15. The handheld ultrasound scanning device of claim 14, wherein the cartridge body is configured to form a moisture and dust-resistant enclosure with the main body housing.
l 6. The handheld ultrasound scanning device of claim l, further comprising processing circuitry contained within the main body housing and communicatively coupled to the communication interface and the ultrasound transducer.
16. The handheld ultrasound scanning device of claim 1, further comprising processing circuitry contained within the main body housing and communicatively coupled to the communication interface and the ultrasound transducer.
17. A handheld ultrasound device, comprising: a main body housing configured for handheld use, wherein the main body housing comprises: two or more side rails protruding from a front surface of the main body housing and positioned on opposing sides of a retention region, wherein the retention region is configured to receive a processor and display assembly; a communication interface configured to establish an electrical connection with a corresponding plurality of conductive traces coupled to the processor and display assembly when the processor and display assembly is positioned within the retention region; and processing circuitry contained within the main body housing and communicatively coupled to the communication interface; and an ultrasound transducer cartridge coupled to a rear surface of the main body housing, wherein the ultrasound transducer cartridge comprises an ultrasound transducer positioned on a rear side of the ultrasound transducer cartridge, wherein the ultrasound transducer is configured to emit ultrasonic energy and provide, to the processing circuitry, ultrasound signals representative of echoes of the ultrasonic energy, and wherein the processing circuitry is configured to perform signal processing on the ultrasound signals to provide data to the processor and display assembly.
17. A handheld ultrasound device, comprising: a main body housing configured for handheld use, wherein the main body housing comprises: two or more side rails protruding from a front surface of the main body housing and positioned on opposing sides of a retention region, wherein the retention region is configured to receive a processor and display assembly; a communication interface configured to establish an electrical connection with a corresponding plurality of conductive traces coupled to the processor and display assembly when the processor and display assembly is positioned within the retention region, wherein the communication interface is configured to maintain communication with the processor and display assembly when the processor and display assembly is received within the retention region and when the processor and display assembly is removed from the retention region; and processing circuitry contained within the main body housing and communicatively coupled to the communication interface; and an ultrasound transducer cartridge coupled to a rear surface of the main body housing, wherein the ultrasound transducer cartridge comprises an ultrasound transducer positioned on a rear side of the ultrasound transducer cartridge, wherein the ultrasound transducer is configured to emit ultrasonic energy and provide, to the processing circuitry, ultrasound signals representative of echoes of the ultrasonic energy, and wherein the processing circuitry is configured to perform signal processing on the ultrasound signals to provide data to the processor and display assembly, and a power or data cable coupling the main body housing to the processor and display assembly, wherein the power or data cable is connected to a first power or data socket in the main body housing to form a first power or data connection, and wherein the power or data cable is connected to a second power or data socket in the processor and display assembly to form a second power or data connection, wherein the first power or data connection of the power or data cable and the first power or data socket comprises a first retention force, wherein the second power or data connection of the power or data cable and the second power or data socket comprises a second retention force, wherein the first retention force and the second retention force exceed a weight of the handheld ultrasound scanning device.
18. A handheld ultrasound scanning device, comprising: a main body housing configured for handheld use, wherein the main body housing comprises a first side and a different second side, the first side comprising a first electrical connector and a first mechanical connector; a sensor cartridge configured to removably couple with the first side of the main body housing, the sensor cartridge comprising a second electrical connector and a second mechanical connector, wherein the second electrical connector mates with the first electrical connector and the second mechanical connector mates with the first mechanical connector, the sensor cartridge further comprising: a transducer configured to send and receive ultrasound signals; circuitry configured to process the received ultrasound signals and transfer the processed signals to the main body housing via the first and second electrical connectors; a processor and display assembly coupled to the second side of the main body housing and configured to receive the processed signals, generate a clinical parameter from the processed signals, and display the clinical parameter to a user of the handheld ultrasound system.
18. A handheld ultrasound scanning device, comprising: a main body housing configured for handheld use, wherein the main body housing comprises a first side and a different second side, the first side comprising a first electrical connector and a first mechanical connector; a sensor cartridge configured to removably couple with the first side of the main body housing, the sensor cartridge comprising a second electrical connector and a second mechanical connector, wherein the second electrical connector mates with the first electrical connector and the second mechanical connector mates with the first mechanical connector, the sensor cartridge further comprising: a transducer configured to send and receive ultrasound signals; circuitry configured to process the received ultrasound signals and transfer the processed signals to the main body housing via the first and second electrical connectors; a processor and display assembly coupled to the second side of the main body housing and configured to receive the processed signals, generate a clinical parameter from the processed signals, and display the clinical parameter to a user of the handheld ultrasound system, wherein the coupling is configured to maintain communication with the processor and display assembly when the processor and display assembly is received within a retention region and when the processor and display assembly is removed from the retention region; and a power or data cable coupling the main body housing to the processor and display assembly, wherein the power or data cable is connected to a first power or data socket in the main body housing to form a first power or data connection, and wherein the power or data cable is connected to a second power or data socket in the processor and display assembly to form a second power or data connection, wherein the first power or data connection of the power or data cable and the first power or data socket comprises a first retention force, wherein the second power or data connection of the power or data cable and the second power or data socket comprises a second retention force, wherein the first retention force and the second retention force exceed a weight of the handheld ultrasound scanning device.
19. The handheld ultrasound scanning device of claim 18, wherein the clinical parameter includes an image, a measurement or both.
19. The handheld ultrasound scanning device of claim 18, wherein the clinical parameter includes an image, a measurement or both.
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.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Joudi (US 2020/0029837 A1).
With respect to claim 1, Joudi discloses a handheld ultrasound scanning device, comprising (see Figures 3-5B): a main body housing configured for handheld use (see body #130 considered as the claimed housing, Abstract defining the device as handheld), wherein the main body housing comprises a first side and a different second side (see multiple sides between top side, bottom side and left or right sides where all of said sides are different as seen on Figures 3-5B); an ultrasound transducer coupled to the second side of the main body housing and configured to obtain ultrasound data (see transducer #150 for ultrasound unit #105 of sensor body #135 attached to top side of body #130 considered as the claimed second side); wherein the main body housing comprises a communication interface communicatively coupled to the ultrasound transducer (see Figure 5B showing Bluetooth unit #110 in communication with the ultrasound unit #105 inside sensor module #25 of housing/body #130, see also paragraph 0118) and configured to transmit the ultrasound data obtained by the ultrasound transducer to a processor and display assembly configured to display ultrasound images representative of the ultrasound data (see paragraph 0118-0119 showing communication between smartphone #20 and sensor module #25 through Bluetooth #110 in the sensor module #25 and blue tooth #95 of smart phone #20 considered as the claimed communication interfaces), wherein the first side of the main body housing includes one or more retention features at least partially around a retention region, and wherein the retention region is sized and shaped to receive the processor and display assembly (see Figure 4 showing body #130 having flanges #140 and backing partially around a retention region in the housing for smartphone includes a processor #65 and display #75), and wherein the one or more retention features are configured to retain the processor and display assembly in contact with the main body housing at a position and orientation relative to the main body housing (see paragraphs 0114 and 0136 indicating the smart device #20 as the processor #65 and display #75 in communication with ultrasound unit #105 attached to body/housing #130 retaining said smartphone in retaining edge flanges #140 inside a cavity of body #130 as seen on Figure 5, wherein the cavity with edge flanges #140 is considered as the claimed retention region is sized and shaped to receive the smart device #20; see disclosure paragraphs 0136--0139), such that the processor and display assembly can be removed from the retention region (see paragraphs 0136-0140 indicating that the smartphone slidably connects to the base when inserted into cavity of body #130 implying the possible removal of said phone).
With respect to claim 2, Joudi discloses the processor and display assembly, wherein the processor and display assembly comprises a smartphone or tablet computer (phone #20).
With respect to claim 3, Joudi discloses the one or more retention features are configured to slidably retain the processor and display assembly such that the processor and display assembly can be repositioned at a plurality of positions relative to the main body housing (see paragraphs 0136-0140 disclosing the sliding positioning hence repositioned at a plurality of positions as claimed).
With respect to claim 4, Joudi discloses the one or more retention features slidably retain the processor and display assembly such that the processor and display assembly can be repositioned to expose a camera of the processor and display assembly (see paragraph 0114 using the smart device’s camera when it is exposed and as seen on Figures 3 and 4).
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With respect to claim 5, Joudi discloses the one or more retention features comprise a stop positioned to arrest sliding of the processor and display assembly in a first direction while permitting the sliding of the processor and display assembly in an opposite second direction (see Figures 5 and 5A where the smartphone can be slide inside body#130 up to the closed end of said body wherein said end covering functions as a stop position from the sliding and the open end as permitting the sliding withing said body as depicted by the examiner herein).
With respect to claim 6, Joudi discloses the stop comprises a retention lip (see Figure 5A as depicted above in claim 5 showing a retention section or lip).
With respect to claim 7, Joudi discloses the one or more retention features comprise a plurality of rails projecting from the first side of the main body housing and positioned on opposing sides of the retention region (see edge flanges #140 considered as a guiding structure hence the claimed rails on each opposing side of the body #130).
With respect to claim 8, Joudi discloses at least one rail comprises a retention lip or a curved inner surface matched to an outer surface of the processor and display assembly (see Figure 5A structure as discussed above).
With respect to claim 9, Joudi discloses the one or more retention features comprise one or more magnets, and wherein the processor and display assembly comprises a magnetically attractable material (see paragraph 0140).
With respect to claim 10, Joudi discloses the one or more retention features comprise a magnetically attractable material, and wherein the processor and display assembly comprises one or more magnets (see paragraph 0140).
With respect to claim 11, Joudi discloses the communication interface is configured to maintain communication with the processor and display assembly when the processor and display assembly is received within the retention region and when the processor and display assembly is removed from the retention region (see paragraphs 0136-0140).
With respect to claim 12, Joudi discloses the communication interface comprises at least one of a conductive pin or a conductive trace configured to be in electrical communication with at least one of a conductive trace or a conductive pin of the processor and display assembly (see paragraph 0137 using connector pins #145).
With respect to claim 13, Joudi discloses the communication interface is configured to transmit the ultrasound data to the processor and display assembly by a wireless link (Abstract).
With respect to claim 14, Joudi discloses an ultrasound transducer cartridge comprising a cartridge body removably coupled to the second side of the main body housing, wherein the ultrasound transducer is coupled to a side of the cartridge body (see transducers #105 located in sensor body#135 that removably couples to main body #130 at the opposite side where said smart phone attached to said main body #130).
With respect to claim 15, Joudi discloses the cartridge body is configured to form a moisture- and dust-resistant enclosure with the main body housing (see Figure 5A showing transducer #105 enclosed in body #135, hence considered as moisture- and dust-resistant enclosure).
With respect to claim 16, Joudi discloses processing circuitry contained within the main body housing and communicatively coupled to the communication interface and the ultrasound transducer (see paragraphs 0136-0140).
With respect to claim 17, Joudi discloses a handheld ultrasound device, comprising (see Figures 3-5B): a main body housing configured for handheld use (see body #130 considered as the claimed housing, Abstract defining the device as handheld), wherein the main body housing comprises: two or more side rails protruding from a front surface of the main body housing and positioned on opposing sides of a retention region, wherein the retention region is configured to receive a processor and display assembly; a communication interface configured to establish an electrical connection with a corresponding plurality of conductive traces coupled to the processor and display assembly when the processor and display assembly is positioned within the retention region; and processing circuitry contained within the main body housing and communicatively coupled to the communication interface (body/housing #130 retaining said smartphone in retaining edge flanges #140 inside a cavity of body #130 as seen on Figure 5, wherein the cavity with edge flanges #140 is considered as the claimed retention region is sized and shaped to receive the smart device #20; see disclosure paragraphs 0136-0140); and an ultrasound transducer cartridge coupled to a rear surface of the main body housing, wherein the ultrasound transducer cartridge comprises an ultrasound transducer positioned on a rear side of the ultrasound transducer cartridge, wherein the ultrasound transducer is configured to emit ultrasonic energy and provide, to the processing circuitry, ultrasound signals representative of echoes of the ultrasonic energy (body #135 considered as the claimed cartridge having ultrasound transducers in region #105 at on a rear side of said cartridge/body #135), and wherein the processing circuitry is configured to perform signal processing on the ultrasound signals to provide data to the processor and display assembly (see paragraphs 0114 and 0136-0140 indicating the smart device #20 as the processor #65 and display #75 in communication with ultrasound unit #105 attached to body/housing #130).
With respect to claim 18, Joudi discloses a handheld ultrasound scanning device, comprising (see Figures 3-5B): a main body housing configured for handheld use (see body #130 considered as the claimed housing, Abstract defining the device as handheld), wherein the main body housing comprises a first side and a different second side (see multiple sides between top side, bottom side and left or right sides where all of said sides are different as seen on Figures 3-5B), the first side comprising a first electrical connector and a first mechanical connector; a sensor cartridge configured to removably couple with the first side of the main body housing, the sensor cartridge comprising a second electrical connector and a second mechanical connector, wherein the second electrical connector mates with the first electrical connector and the second mechanical connector mates with the first mechanical connector, the sensor cartridge further comprising (see paragraphs 0136-0140): a transducer configured to send and receive ultrasound signals; circuitry configured to process the received ultrasound signals and transfer the processed signals to the main body housing via the first and second electrical connectors; a processor and display assembly coupled to the second side of the main body housing and configured to receive the processed signals, generate a clinical parameter from the processed signals, and display the clinical parameter to a user of the handheld ultrasound system (Abstract; paragraphs 0015-0023, 0123 and 0137-0138).
With respect to claim 19, Joudi discloses the clinical parameter includes an image, a measurement or both (see paragraph 0123 and 0149 disclosing both).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIXOMARA VARGAS whose telephone number is (571)272-2252. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798