Prosecution Insights
Last updated: July 17, 2026
Application No. 19/107,534

METHOD AND APPARATUS FOR PHOTOACOUSTIC-GUIDED ULTRASOUND TREATEMENT FOR PORT WINE STAINS

Non-Final OA §103
Filed
Feb 27, 2025
Priority
Sep 01, 2022 — provisional 63/403,278 +1 more
Examiner
BYKHOVSKI, ALEXEI
Art Unit
Tech Center
Assignee
The Regents of the University of California
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
277 granted / 366 resolved
+15.7% vs TC avg
Strong +28% interview lift
Without
With
+28.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
33 currently pending
Career history
409
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
87.2%
+47.2% vs TC avg
§102
2.8%
-37.2% vs TC avg
§112
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 366 resolved cases

Office Action

§103
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 Objections Claims 1, 2, and 11 are objected to because of the following informalities: In claim 1, line 2, “the US energy” should read –US energy–. In claim 2, line 1, “the PA signals” should read –PA signals–. In claim 11, “claim 9” should read – claim 10– because collecting PA signals is recited in claim 10. Appropriate correction is required. Claim Rejections - 35 USC § 103 This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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. Claims 1-2, 7, 9-13, 15, and 20 rejected under 35 U.S.C. 103 as being unpatentable over Makin et al (US 20060079868), hereinafter Makin, in view of Wang et al (US 20160198954), hereinafter Wang. Regarding claim 1, Makin teaches a method for guided ultrasound (US) focusing for port wine stain (PWS) treatment (“port wine stains,” [0023]) (“method of visualization, localization, or monitoring of blood vessels within region-of-interest 1206” [0070]; “to facilitate vessel ablation … focused ultrasound energy can be used.” [0072]) (“an exemplary treatment system 200 can be configured with and/or combined with various auxiliary systems to provide additional functions.” Fig. 12), comprising: combining optical contrast-based selectivity with US penetration, to focus the US energy onto PWS affected vasculature (“Treatment system 1200 further comprises an auxiliary imaging modality 1274 and/or auxiliary monitoring modality 1272 may be based upon at least one of photography and other visual optical methods, … optical coherence tomography (OCT), … infrared, ultrasound, acoustic, or any other suitable method of visualization, localization, or monitoring of blood vessels within region-of-interest 1206, including imaging/monitoring enhancements. ” [0070]; Fig. 12) (“blood vessel disorder treatment system 100 is configured with the ability to provide non-invasive methods and systems for using ultrasound energy for the treatment of conditions resulting from vascular disorders, such as, for example, in the peripheral extremities and face… port wine stains,” [0023]. “Several embodiments and source conditions can be configured to specifically target the peripheral vascular target pathologies, in a spatially and temporally selective manner. Thus, a treatment protocol is planned by selecting one or more spatial and/or temporal characteristics to provide conformal ultrasound energy to a region of interest...In order to facilitate vessel ablation, a transducer that provides for focused ultrasound energy can be used.” [0072]). While teaching the optical component having contrast-based selectivity ([0070]), Makin does not teach photoacoustic (PA) guided ultrasound (US) focusing. However, in the photoacoustic imaging field of endeavor, Wang discloses method and apparatus for photoacoustic tomography, which is analogous art. Wang teaches photoacoustic (PA) guided ultrasound (US) focusing (“Photoacoustic tomography (PAT), also referred to as optoacoustic tomography or thermoacoustic tomography, is a hybrid non-invasive imaging modality that combines high optical contrast with high ultrasonic resolution. As used herein, the terms photoacoustic, optoacoustic and thermoacoustic are synonymous. PAT uses a short laser pulse to excite ultrasonic waves in a medium and ultrasonic receiver(s) to detect the optical inhomogeneities-dependent ultrasonic waves to overcome the resolution disadvantages of optical imaging and the contrast and speckle artifact disadvantages of ultrasonography." [0005]). Therefore, based on Wang’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Makin to employ photoacoustic (PA) guided ultrasound (US) focusing, as taught by Wang, in order to improve focusing capabilities of the system. Regarding claim 2, Makin modified by Wang teaches the method of claim 1, wherein Makin teaches that US signals are transmitted onto the PWS affected vasculature (210) so as to minimally affect neighboring tissue (“An ultrasound transducer and system is configured to deliver ultrasound energy to the user specified depth and zone where the vascular defects are to be treated…The ultrasound beam can be spatially and/or temporally modified to match the adequate treatment of the aberrant vessels in the treatment zone.” [0022]; “region of interest 210 can comprise any particular vessel or group of vessels and/or any portion within a vessel.” [0028] “That is, a transducer system can be used to deliver ultrasound energy to a treatment region to ablate select tissue in order to facilitate blood vessel disorder treatment. By delivering energy, the transducer may be driven at a select frequency, a phased array may be driven with certain temporal and/or spatial distributions, a transducer may be configured with one or more transduction elements to provide focused, defocused and/or planar energy” [0074]; Fig. 2). Makin does not teach that the PA signals are collected by US transducers and time-reversed. However, in the photoacoustic imaging field of endeavor, Wang discloses method and apparatus for photoacoustic tomography, which is analogous art. Wang teaches that the PA signals are collected by US transducers (216) (“the transducer 216 may be configured to detect and/or measure the ultrasonic emissions 215 which may include OAM modes from the acoustic OAM spectrum 214, such as the frequency content of the ultrasonic emissions 215” [0046]; “a transducer array 216 may be placed around the target object 112 to simultaneously receive the ultrasonic waves 215 emitted at any given time point,” [0076]; Fig. 2) and time-reversed (“a transducer array 216 may be placed around the target object 112 to simultaneously receive the ultrasonic waves 215 emitted at any given time point, which reflects the optical absorption contrast via the OAM spectrum 214 in the target object 212. The transducer 216 may be configured to integrate initial photoacoustic pressures over a spherical surface to map the original optical energy deposition in the tissue of the target object 212, which may then be inverted by… an iteration-based time reversal reconstruction method… In other words, to map the laser-induced initial pressure rise distribution for different OAM modes, the transducer 216 may include a circular array of radially polarized piezoelectric transducers in which each array element (e.g., of a transducer array) may be energized independently, controlling the phase and amplitude of the acoustic wave applied to each element of the transducer array.” [0047]; “Accordingly, the reflected acoustic OAM spectrum may be associated with the target object and may provide high resolution imaging information of the target object.” [0076]; Fig. 2). Therefore, based on Wang’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Makin to employ the PA signals that are collected by US transducers and time-reversed, as taught by Wang, in order to improve focusing capabilities of the system. Regarding claim 7, Makin modified by Wang teaches the method of claim 2. Makin teaches adjusting a field of view of the US transducers to achieve a desired focusing (“The beam radiated from the transducer can be highly focused, weakly focused, and/or divergent, each in a cylindrical and/or spherical geometric configuration.” [0007]; “with particular reference to FIG. 10F, a transducer can comprise an imaging element 1012 having a surface 1028 configured for focusing, defocusing or planar energy distribution, with therapy elements 1014 including a stepped-configuration lens configured for focusing, defocusing, or planar energy distribution.” [0058]). Regarding claim 9, Makin teaches a device (1200) for guided ultrasound (US) focusing for port wine stain (PWS) treatment (“port wine stains,” [0023]) (“method of visualization, localization, or monitoring of blood vessels within region-of-interest 1206” [0070]; “to facilitate vessel ablation … focused ultrasound energy can be used.” [0072]) (“an exemplary treatment system 200 can be configured with and/or combined with various auxiliary systems to provide additional functions.” Fig. 12), comprising: an optical component (1272, 1274) having contrast-based selectivity ( “an auxiliary imaging modality 1274 and/or auxiliary monitoring modality 1272 may be based upon at least one of … visual optical methods, … optical coherence tomography (OCT), … or any other suitable method of visualization, localization, or monitoring of blood vessels within region-of-interest 1206, including imaging/monitoring enhancements.” [0070]; Fig. 12); and a US component (1270) to direct US energy onto PWS affected vasculature (“an ultrasound treatment system 1270” [0070]) using information generated by the optical component (“Treatment system 1200 further comprises an auxiliary imaging modality 1274 and/or auxiliary monitoring modality 1272 may be based upon at least one of photography and other visual optical methods, … optical coherence tomography (OCT), … infrared, ultrasound, acoustic, or any other suitable method of visualization, localization, or monitoring of blood vessels within region-of-interest 1206, including imaging/monitoring enhancements. ” [0070]; Fig. 12). While teaching the optical component having contrast-based selectivity ([0070]), Makin does not teach photoacoustic (PA) guided ultrasound (US) focusing. However, in the photoacoustic imaging field of endeavor, Wang discloses method and apparatus for photoacoustic tomography, which is analogous art. Wang teaches photoacoustic (PA) guided ultrasound (US) focusing (“Photoacoustic tomography (PAT), also referred to as optoacoustic tomography or thermoacoustic tomography, is a hybrid non-invasive imaging modality that combines high optical contrast with high ultrasonic resolution. As used herein, the terms photoacoustic, optoacoustic and thermoacoustic are synonymous. PAT uses a short laser pulse to excite ultrasonic waves in a medium and ultrasonic receiver(s) to detect the optical inhomogeneities-dependent ultrasonic waves to overcome the resolution disadvantages of optical imaging and the contrast and speckle artifact disadvantages of ultrasonography." [0005]). Therefore, based on Wang’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Makin to employ photoacoustic (PA) guided ultrasound (US) focusing, as taught by Wang, in order to improve focusing capabilities of the system. Regarding claim 10, Makin modified by Wang teaches the device of claim 9. While teaching US transducers (“Transducer 404 can comprise one or more transducers configured for producing conformal lesions of thermal injury in superficial human tissue within a region of interest through precise spatial and temporal control of acoustic energy deposition.” [0049]), Makin does not teach US transducers for collecting PA signals generated by the optical component. However, in the photoacoustic imaging field of endeavor, Wang discloses method and apparatus for photoacoustic tomography, which is analogous art. Wang teaches US transducers (216) for collecting PA signals generated by the optical component (“the transducer 216 may be configured to detect and/or measure the ultrasonic emissions 215 which may include OAM modes from the acoustic OAM spectrum 214, such as the frequency content of the ultrasonic emissions 215” [0046]; “a transducer array 216 may be placed around the target object 112 to simultaneously receive the ultrasonic waves 215 emitted at any given time point,” [0076]; Fig. 2). Therefore, based on Wang’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Makin to employ US transducers for collecting PA signals generated by the optical component, as taught by Wang, in order to improve focusing capabilities of the system. Regarding claim 11, Makin modified by Wang teaches the device of claim 9. While teaching a processor (“Control system 204 can be configured with one or more subsystems, processors” [0027]; Fig. 2), Makin does not teach a processor to time-reverse the collected PA signals. However, in the photoacoustic imaging field of endeavor, Wang discloses method and apparatus for photoacoustic tomography, which is analogous art. Wang teaches a processor (DSP) to time-reverse the collected PA signals (“the corresponding OAM spectrum 114 may be analyzed using a multiple input multiple output (MIMO) device with a digital signal processor (DSP) and/or coherent detection to provide a high resolution image of the target object 112.” [0040] “The transducer 216 may be configured to integrate initial photoacoustic pressures over a spherical surface to map the original optical energy deposition in the tissue of the target object 212, which may then be inverted by, for example, an iteration-based time reversal reconstruction method” [0047]). Therefore, based on Wang’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Makin to employ a processor to time-reverse the collected PA signals, as taught by Wang, in order to improve focusing capabilities of the system. Regarding claim 12, Makin modified by Wang teaches the device of claim 9, wherein Makin teaches that the optical component is a laser (“ laser, infrared laser” [0070]). Regarding claim 13, Makin modified by Wang teaches the device of claim 12. Makin does not teach that the laser is a pulsed laser. However, in the photoacoustic imaging field of endeavor, Wang discloses method and apparatus for photoacoustic tomography, which is analogous art. Wang teaches that the laser is a pulsed laser (“the light source device 102 may include … a pulsed laser” [0023]; Fig. 1). Therefore, based on Wang’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Makin to employ the laser that is a pulsed laser, as taught by Wang, in order to collect pulse-generated photoacoustic signals after each pulse. Regarding claim 15, Makin modified by Wang teaches the device of claim 10, wherein Makin teaches that a field of view of the US transducers is adjusted to achieve a desired focusing (“The beam radiated from the transducer can be highly focused, weakly focused, and/or divergent, each in a cylindrical and/or spherical geometric configuration.” [0007]; “with particular reference to FIG. 10F, a transducer can comprise an imaging element 1012 having a surface 1028 configured for focusing, defocusing or planar energy distribution, with therapy elements 1014 including a stepped-configuration lens configured for focusing, defocusing, or planar energy distribution.” [0058]). Regarding claim 20, Makin modified by Wang teaches the device of claim 11, wherein Makin teaches that the optical component is a laser (“ laser, infrared laser” [0070]). Claims 3-5, 8, 16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Makin and Wang as applied to claims 1-2 and 10, and further in view of Schmid (US 20130281819), hereinafter Schmid. Regarding claim 3, Makin modified by Wang teaches the method of claim 1, wherein Makin teaches that the combining includes: focusing US signals onto the PWS affected vasculature using the focusing information (“An ultrasound transducer and system is configured to deliver ultrasound energy to the user specified depth and zone where the vascular defects are to be treated…The ultrasound beam can be spatially and/or temporally modified to match the adequate treatment of the aberrant vessels in the treatment zone.” [0022]. “By delivering energy, the transducer may be driven at a select frequency, a phased array may be driven with certain temporal and/or spatial distributions, a transducer may be configured with one or more transduction elements to provide focused…energy” [0074]). Makin does not teach exciting tissue with laser signals to produce a PA excitation; collecting a sinogram corresponding to the PA excitation; performing a time-reversal on the collected sinogram to generate focusing information. However, in the photoacoustic imaging field of endeavor, Wang discloses method and apparatus for photoacoustic tomography, which is analogous art. Wang teaches exciting tissue with laser signals to produce a PA excitation (“the light source device 102 may include a laser beam source, such as a continuous wave (CW) laser, a pulsed laser, a time-variant laser beam” [0023]; Fig. 1; “The OAM light beam 507 may be directed toward a target object 508, such as a breast tissue” [0066]; Fig. 5); performing a time-reversal on the collected sinogram to generate focusing information (“The transducer 216 may be configured to integrate initial photoacoustic pressures over a spherical surface to map the original optical energy deposition in the tissue of the target object 212, which may then be inverted by, for example, an iteration-based time reversal reconstruction method.” [0076]; Fig. 2). Therefore, based on Wang’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Makin to employ the steps of exciting tissue with laser signals to produce a PA excitation; and performing a time-reversal on the collected sinogram to generate focusing information, as taught by Wang, in order to improve focusing capabilities of the system. Makin as modified by Wang does not teach collecting a sinogram corresponding to the PA excitation. However, in the optoacoustic systems field of endeavor, Schmid discloses noise suppression in an optoacoustic system, which is analogous art. Schmid teaches collecting a sinogram corresponding to the PA excitation (“The acquired channels of optoacoustic return signal data captured by the transducers and stored in a sinogram comprise a sampling of the data the transducers detect (during the sampling period). As discussed above, the sinogram-resident samples are acquired in the time domain.” [0089]). Therefore, based on Schmid’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ the step of collecting a sinogram corresponding to the PA excitation, as taught by Schmid, in order to facilitate sampling of the data the transducers detect during the sampling period. Regarding claim 4, Makin modified by Wang and Schmid teaches the method of claim 3. Makin as modified by Wang does not teach collecting the sinogram is performed using US transducers. However, in the optoacoustic systems field of endeavor, Schmid discloses noise suppression in an optoacoustic system, which is analogous art. Schmid teaches collecting the sinogram is performed using US transducers (“The acquired channels of optoacoustic return signal data captured by the transducers and stored in a sinogram comprise a sampling of the data the transducers detect (during the sampling period” [0089]. “A data acquisition unit may be provided for sampling the ultrasound transducer array during a period of time after a pulse of light and for storing the sampled data as a sinogram.” [0110]). Therefore, based on Schmid’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ the step of collecting the sinogram is performed using US transducers, as taught by Schmid, in order to facilitate sampling of the data the transducers detect during the sampling period. Regarding claim 5, Makin modified by Wang and Schmid teaches the method of claim 3. Makin as modified by Wang does not teach collecting the sinogram that includes determining one or both of a location and shape of the PWS affected vasculature. However, in the optoacoustic systems field of endeavor, Schmid discloses noise suppression in an optoacoustic system, which is analogous art. Schmid teaches collecting the sinogram is performed using US transducers (“The acquired channels of optoacoustic return signal data captured by the transducers and stored in a sinogram comprise a sampling of the data the transducers detect (during the sampling period” [0089]. “A data acquisition unit may be provided for sampling the ultrasound transducer array during a period of time after a pulse of light and for storing the sampled data as a sinogram.” [0110]). Therefore, based on Schmid’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ the step of collecting the sinogram that includes determining one or both of a location and shape of the PWS affected vasculature., as taught by Schmid, in order to improve detection capabilities of the system. Regarding claim 8, Makin modified by Wang teaches the method of claim 2. Makin as modified by Wang does not teach adjusting a frequency bandwidth of the US transducers to achieve a desired focusing. However, in the optoacoustic systems field of endeavor, Schmid discloses noise suppression in an optoacoustic system, which is analogous art. Schmid teaches adjusting a frequency bandwidth of the US transducers to achieve a desired focusing (“the ultrasonic response thereto is received by separate transducers (not shown) tuned to receive the higher frequency range typically generated by the optoacoustic effect.” [0506]). Therefore, based on Schmid’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ the step of adjusting a frequency bandwidth of the US transducers to achieve a desired focusing, as taught by Schmid, in order to improve detection capabilities of the system. Regarding claim 16, Makin modified by Wang teaches the device of claim 10. Makin as modified by Wang does not teach that a frequency bandwidth of the US transducers is adjusted to achieve a desired focusing. However, in the optoacoustic systems field of endeavor, Schmid discloses noise suppression in an optoacoustic system, which is analogous art. Schmid teaches that a frequency bandwidth of the US transducers is adjusted to achieve a desired focusing (“the ultrasonic response thereto is received by separate transducers (not shown) tuned to receive the higher frequency range typically generated by the optoacoustic effect.” [0506]). Therefore, based on Schmid’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ a frequency bandwidth of the US transducers that is adjusted to achieve a desired focusing, as taught by Schmid, in order to improve detection capabilities of the system. Regarding claim 18, Makin modified by Wang and Schmid teaches the method of claim 4. Makin teaches adjusting a field of view of the US transducers to achieve a desired focusing (“The beam radiated from the transducer can be highly focused, weakly focused, and/or divergent, each in a cylindrical and/or spherical geometric configuration.” [0007]; “with particular reference to FIG. 10F, a transducer can comprise an imaging element 1012 having a surface 1028 configured for focusing, defocusing or planar energy distribution, with therapy elements 1014 including a stepped-configuration lens configured for focusing, defocusing, or planar energy distribution.” [0058]). Regarding claim 19, Makin modified by Wang and Schmid teaches the method of claim 4. Makin as modified by Wang does not teach adjusting a frequency bandwidth of the US transducers to achieve a desired focusing. However, in the optoacoustic systems field of endeavor, Schmid discloses noise suppression in an optoacoustic system, which is analogous art. Schmid teaches adjusting a frequency bandwidth of the US transducers to achieve a desired focusing (“the ultrasonic response thereto is received by separate transducers (not shown) tuned to receive the higher frequency range typically generated by the optoacoustic effect.” [0506]). Therefore, based on Schmid’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ the step of adjusting a frequency bandwidth of the US transducers to achieve a desired focusing, as taught by Schmid, in order to improve detection capabilities of the system. Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Makin and Wang as applied to claims 2 and 10, and further in view of Duan et al (US 20210291230), hereinafter Duan. Regarding claim 6, Makin modified by Wang teaches the method of claim 2. Makin as modified by Wang does not teach adjusting a number and spacing of the US transducers to achieve a desired focusing. However, in the acoustic systems field of endeavor, Duan discloses acoustic wave transducer and driving method thereof, which is analogous art. Duan teaches adjusting a number and spacing of the US transducers to achieve a desired focusing (“Because the shape and the position of each array element can be flexibly adjusted, the focusing position of the acoustic wave transducer can also be flexibly adjusted. Because whether the array element signal terminal is in electrical connection with a cell group can also be flexibly configured (i.e., whether the array element signal terminal forms an array element is flexibly configured), the number of the array elements can also be flexibly adjusted. This further increases the flexibility of focus adjustment of the acoustic wave transducer.” [0052]) (“for the requirement of focus adjustment, the spacings between adjacent array elements may also be unequal by controlling the on-off states of each switch device.” [0060]). Therefore, based on Duan’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ the step of adjusting a number and spacing of the US transducers to achieve a desired focusing, as taught by Duan, in order to improve detection capabilities of the system. Regarding claim 14, Makin modified by Wang teaches the device of claim 10. Makin modified by Wang does not teach that a number and spacing of the US transducers is adjusted to achieve a desired focusing. However, in the acoustic systems field of endeavor, Duan discloses acoustic wave transducer and driving method thereof, which is analogous art. Duan teaches that a number and spacing of the US transducers is adjusted to achieve a desired focusing (“Because the shape and the position of each array element can be flexibly adjusted, the focusing position of the acoustic wave transducer can also be flexibly adjusted. Because whether the array element signal terminal is in electrical connection with a cell group can also be flexibly configured (i.e., whether the array element signal terminal forms an array element is flexibly configured), the number of the array elements can also be flexibly adjusted. This further increases the flexibility of focus adjustment of the acoustic wave transducer.” [0052]) (“for the requirement of focus adjustment, the spacings between adjacent array elements may also be unequal by controlling the on-off states of each switch device.” [0060]). Therefore, based on Duan’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ a number and spacing of the US transducers that is adjusted to achieve a desired focusing, as taught by Duan, in order to improve detection capabilities of the system. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Makin, Wang, and Schmid as applied to claim 4, and further in view of Duan et al (US 20210291230), hereinafter Duan. Regarding claim 6, Makin modified by Wang and Schmid teaches the method of claim 4. Makin as modified by Wang does not teach adjusting a number and spacing of the US transducers to achieve a desired focusing. However, in the acoustic systems field of endeavor, Duan discloses acoustic wave transducer and driving method thereof, which is analogous art. Duan teaches adjusting a number and spacing of the US transducers to achieve a desired focusing (“Because the shape and the position of each array element can be flexibly adjusted, the focusing position of the acoustic wave transducer can also be flexibly adjusted. Because whether the array element signal terminal is in electrical connection with a cell group can also be flexibly configured (i.e., whether the array element signal terminal forms an array element is flexibly configured), the number of the array elements can also be flexibly adjusted. This further increases the flexibility of focus adjustment of the acoustic wave transducer.” [0052]) (“for the requirement of focus adjustment, the spacings between adjacent array elements may also be unequal by controlling the on-off states of each switch device.” [0060]). Therefore, based on Duan’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Makin and Wang to employ the step of adjusting a number and spacing of the US transducers to achieve a desired focusing, as taught by Duan, in order to improve detection capabilities of the system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXEI BYKHOVSKI whose telephone number is (571)270-1556. The examiner can normally be reached on Monday-Friday: 8:30am - 5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui Pho can be reached on 571-272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALEXEI BYKHOVSKI/ Primary Examiner, Art Unit 3798
Read full office action

Prosecution Timeline

Feb 27, 2025
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+28.2%)
2y 10m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
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