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 .
DETAILED ACTION
The amendment filed on December 22, 2025 is acknowledged and entered. Claim 1 is amended. Claims 2-20 are new. Claims 1-20 are pending and under examination in this Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 10, 2025 and December 22, 2025is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed on April 10, 2025 are accepted.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tien et al., US 2020/0187981 A1, hereinafter Tien.
Claim 1. Tien teaches in FIG.2, FIG.3 and FIG.5 a device (200) comprising:
an ultrasound probe housing (201) comprises an ambient side (FIG.2: the top side), a body side (FIG.2: the bottom side that is in contact to the gel barrier 240), the ultrasound probe housing containing a plurality of ultrasound probes (FIG.2: the left transducer 220 and the right transducer 230, and [0050]: the transducers 220 and 230 may be provided in any form of linear array) configured to generate ultrasound waves ([0039]: one or a few ultrasound transducer elements, which at least momentarily perform a transmit function in which an electrical signal is converted into ultrasound wave), wherein the ultrasound waves are configured to produce images of inside a body of a patient (250) ([0039]: an object or structure which reflects ultrasound waves may be referred to as a reflector or a scatterer. The reflector may be identified as one or more points. A point may be referred to as a position or a location within the region of interest. And the point may be presented as one or more pixels on the display of the ultrasound image), and wherein the ultrasound probes are positioned to provide a field of view that is at least in part beneath the body side of the ultrasound probe housing (FIG.2: the field of view 221 and 231); and
a needle guide assembly (FIG.3: 210; and [0052]: the cylinder shape of a silicone gel payer 240 extending upwards to cover the tool-guidance channel 210) that is connected to the ultrasound probe housing (FIG.2: 210 is connected to the housing 201) and adapted to receive a needle that is slidable in the needle guide assembly for insertion into the body of the patient ([0052]: a transdermal needle 260 is inserted in the needle channel 210 through the top opening of the needle channel 110) such that the needle is in the field of view of the plurality of ultrasound probes upon insertion into the body of the patient ([0052]: the left transducer220 and the right transducer 230 provide imaging guidance for the needle 260 through a display); wherein
the plurality of ultrasound probes includes a set of ultrasound probes that are positioned non-perpendicular to the body side of the ultrasound probe housing ([0049]: a probe 201 includes a plurality of angled transducers. Suitable configurations of probe 201 with the transducer elements inside may include, but not limited to, linear, curved (e.g., convex), among others. For example, in one embodiment, the probe 201 includes a left transducer 220 and a right transducer 230, with the transmissive surfaces facing at an angle towards each other and around a tool guiding channel 210; [0050]: the transducer 220 and 230 may be provided in any form of linear array…the transducers are arranged laterally around a central tool-guiding channel 210; and [0051]: FIG.2: two or more angled transducers 220, 230 arranged facing the tool-guiding channel 210) such that a direction of ultrasound waves generated by each ultrasound probe of the set of ultrasound probes is toward a site of penetration of the needle into the body of the patient (FIG.2: the field of views 221 and 231, and [0051]: the imaged areas 221 and 231 overlap around the center area, where the target tissues are likely to interact with the guided tool).
Claim 11. Tien teaches in FIG.2 and FIG.5 a device (200 and 500) comprising:
an ultrasound probe housing (201) comprises an ambient side (FIG.2: the top side), a body side (FIG.2: the bottom side that is in contact to the gel barrier 240), the ultrasound probe housing containing a plurality of ultrasound probes (FIG.2: the left transducer 220 and the right transducer 230, and [0050]: the transducers 220 and 230 may be provided in any form of linear array) configured to generate ultrasound waves ([0039]: one or a few ultrasound transducer elements, which at least momentarily perform a transmit function in which an electrical signal is converted into ultrasound wave), wherein the ultrasound waves are configured to produce images of inside a body of a patient (250) ([0039]: an object or structure which reflects ultrasound waves may be referred to as a reflector or a scatterer. The reflector may be identified as one or more points. A point may be referred to as a position or a location within the region of interest. And the point may be presented as one or more pixels on the display of the ultrasound image), and wherein the ultrasound probes are positioned to provide a field of view that is at least in part beneath the body side of the ultrasound probe housing (FIG.2: the field of view 221 and 231); and
a guide channel cut-out or aperture (510) that extends through the ultrasound probe housing from the ambient side to the body side and through the plurality of ultrasound probes (FIG.2 and FIG.5), the guide channel cut-out or aperture being adapted to accommodate passage (the tool guiding channel 210) of a needle (260) through the guide channel cut-out or aperture for insertion into the body of the patient (250) such that the needle is in the field of view of the plurality of ultrasound probes upon insertion into the body of the patient (the field of views 221 and 231); wherein
the plurality of ultrasound probes includes a set of ultrasound probes that are positioned non-perpendicular to the body side of the ultrasound probe housing ([0049]: a probe 201 includes a plurality of angled transducers. Suitable configurations of probe 201 with the transducer elements inside may include, but not limited to, linear, curved (e.g., convex), among others. For example, in one embodiment, the probe 201 includes a left transducer 220 and a right transducer 230, with the transmissive surfaces facing at an angle towards each other and around a tool guiding channel 210; [0050]: the transducer 220 and 230 may be provided in any form of linear array…the transducers are arranged laterally around a central tool-guiding channel 210; and [0051]: FIG.2: two or more angled transducers 220, 230 arranged facing the tool-guiding channel 210) such that a direction of ultrasound waves generated by each ultrasound probe of the set of ultrasound probes is toward a site of penetration of the needle into the body of the patient (FIG.2: the field of views 221 and 231, and [0051]: the imaged areas 221 and 231 overlap around the center area, where the target tissues are likely to interact with the guided tool).
Claim 18. Tien teaches in FIG.2 and FIG.5 a device (200) comprising:
an ultrasound probe housing (201) comprises an ambient side (FIG.2: the top side), a body side (FIG.2: the bottom side that is in contact to the gel barrier 240), the ultrasound probe housing containing a plurality of ultrasound probes (FIG.2: the left transducer 220 and the right transducer 230, and [0050]: the transducers 220 and 230 may be provided in any form of linear array) configured to generate ultrasound waves ([0039]: one or a few ultrasound transducer elements, which at least momentarily perform a transmit function in which an electrical signal is converted into ultrasound wave), wherein the ultrasound waves are configured to produce images of inside a body of a patient (250) ([0039]: an object or structure which reflects ultrasound waves may be referred to as a reflector or a scatterer. The reflector may be identified as one or more points. A point may be referred to as a position or a location within the region of interest. And the point may be presented as one or more pixels on the display of the ultrasound image), and wherein the ultrasound probes are positioned to provide a field of view that is at least in part beneath the body side of the ultrasound probe housing (FIG.2: the field of view 221 and 231); wherein
the plurality of ultrasound probes includes a set of ultrasound probes that are positioned non-perpendicular to the body side of the ultrasound probe housing ([0049]: a probe 201 includes a plurality of angled transducers. Suitable configurations of probe 201 with the transducer elements inside may include, but not limited to, linear, curved (e.g., convex), among others. For example, in one embodiment, the probe 201 includes a left transducer 220 and a right transducer 230, with the transmissive surfaces facing at an angle towards each other and around a tool guiding channel 210; [0050]: the transducer 220 and 230 may be provided in any form of linear array…the transducers are arranged laterally around a central tool-guiding channel 210; and [0051]: FIG.2: two or more angled transducers 220, 230 arranged facing the tool-guiding channel 210) such that a direction of ultrasound waves generated by each ultrasound probe of the set of ultrasound probes is toward a site of penetration of the needle into the body of the patient (FIG.2: the field of views 221 and 231, and [0051]: the imaged areas 221 and 231 overlap around the center area, where the target tissues are likely to interact with the guided tool).
Claims 2, 12 and 19. Tien further teaches, as illustrated in the annotated FIG.2 below
the set of ultrasound probes includes: a first ultrasound probe that is located a first distance from the body side of the ultrasound probe housing; and a second ultrasound probe that is located a second distance from the body side of the ultrasound probe housing; wherein the first distance is different than the second distance.
As applied to claims 1, 11 and 18, Tien teaches that the transducers 220 and 230 are in a form of a linear array and are angled, as illustrated in FIG.2. A linear array is conventionally known to have a series of transducers arranged in a linear configuration. Since these transducers are angled, i.e., tilted from the bottom surface, the distance of each transducer to the bottom surface would not be the same. See below the annotated FIG.2 of Tien. The individual transducers in the linear array of transducer 220 is illustrated by annotated boxes. The 4 vertical arrows represent different distances from each transducer probe to the body side of the ultrasound probe housing.
PNG
media_image1.png
745
853
media_image1.png
Greyscale
[AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: rect][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
Claims 3, 13 and 20. Tien further teaches, as illustrated in the annotated FIG.2 above
the set of ultrasound probes includes: a first ultrasound probe that is located a first distance from the site of penetration of the needle into the body of the patient, a second ultrasound probe that is located a second distance from the site of penetration of the needle into the body of the patient, and the first distance is different than the second distance.
As applied to claims 1, 8 and 15, Tien teaches that the transducers 220 and 230 are in a form of a linear array and are angled, as illustrated in FIG.2. A linear array is conventionally known to have a series of transducers arranged in a linear configuration. The transducer that is farther from the penetration site would have a longer distance than the transducer that is closer to the penetration site. See above the annotated FIG.2 of Tien. The individual transducers in the linear array of transducer 220 is illustrated by annotated boxes. The 4 slanted arrows represent different distances from each transducer probe to the penetration site of the needle insertion.
Claims 4 and 5. Tien teaches all the limitations of claim 1, including the needle guide assembly (210, 510). This needle guide assembly is in a form of cylindrical channel. The wall of the ultrasound probe housing that accommodate the cylindrical channel, or the wall that forms the cylindrical channel is considered the “channel cut-out or aperture” as illustrated in FIG.2 and FIG.5.
Claims 7-10 and 14-17. Tien teaches all the limitations of claim 1
As applied to claim 1, Tien teaches the set of ultrasound probes ([0049]: a probe 201 includes a plurality of angled transducers. Suitable configurations of probe 201 with the transducer elements inside may include, but not limited to, linear, curved (e.g., convex), among others. For example, in one embodiment, the probe 201 includes a left transducer 220 and a right transducer 230, with the transmissive surfaces facing at an angle towards each other and around a tool guiding channel 210; [0050]: the transducer 220 and 230 may be provided in any form of linear array…the transducers are arranged laterally around a central tool-guiding channel 210; and [0051]: FIG.2: two or more angled transducers 220, 230 arranged facing the tool-guiding channel 210).
Tien further teaches that the set of ultrasound probes includes:
Claims 7 and 14: a first ultrasound probe that is located a first distance from the guide channel cut-out or aperture; and a second ultrasound probe that is located a second distance from the guide channel cut-out or aperture; wherein the first distance is different than the second distance.
Claims 8 and 15: a first ultrasound probe that is located on a first side of the guide channel cut-out or aperture; and a second ultrasound probe that is located on a second side of the guide channel cut-out or aperture; wherein the second side is opposite to the first side.
Claims 9 and 16: the first ultrasound probe is located a first distance from the first side of the guide channel cut-out or aperture; and the second ultrasound probe is located a second distance from the second side of the guide channel cut-out or aperture; wherein the first distance is the same as the second distance.
Claims 10 and 17: the first ultrasound probe is located a first distance from the first side of the guide channel cut-out or aperture; and the second ultrasound probe is located a second distance from the second side of the guide channel cut-out or aperture; wherein the first distance is different than the second distance.
As applied to claim 1, Tien teaches that the transducers 220 and 230 are in a form of a linear array and are angled, as illustrated in FIG.2. A linear array is conventionally known to have a series of transducers arranged in a linear configuration. Since these transducers are angled, i.e., tilted from the bottom surface, the distance of each transducer to the bottom surface would not be the same.
For claim 7, see below the annotated FIG.2 of Tien. The individual transducers in the linear array of transducer 220 is illustrated by annotated boxes. The 5 horizontal arrows on each side represent different distances from each transducer probe to the guide channel cut-out or aperture of the ultrasound probe housing.
For claim 8, see below the annotated FIG.2 of Tien. The individual transducers in the linear array of transducer 220 is illustrated by annotated boxes. There are transducer probes on one side of the guide channel cut-out or aperture, and there are transducer probes on the other side of the guide channel cut-out of aperture.
For claims 9 and 10, see below the annotated FIG.2 of Tien. The individual transducers in the linear array of transducer 220 is illustrated by annotated boxes. The 5 horizontal arrows on each side represent distances from each transducer probe to the guide channel cut-out or aperture of the ultrasound probe housing. For the transducer probes of the same height on each side, their distance to the guide channel cut-out or aperture is the same (claim 9). For the transducer probes of different heights on each side, their distance to the guide channel cut-out or aperture are different (claim 10).
PNG
media_image2.png
208
221
media_image2.png
Greyscale
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tien et al., US 2020/0187981 A1, hereinafter Tien, in view of Moskowitz et al., US 2019/0125470 A1, hereinafter Moskowitz.
Claims 4 and 5. Tien teaches all the limitations of claim 1, including the needle guide assembly (210, 510). This needle guide assembly is in a form of cylindrical channel. The wall of the ultrasound probe housing that accommodate the cylindrical channel, or the wall that forms the cylindrical channel is considered the “channel cut-out or aperture” as illustrated in FIG.2 and FIG.5.
As an alternative configuration, in an analogous portable ultrasound-based needle guide device field of endeavor, Moskowitz teaches
a guide channel cut-out or aperture that extends through the ultrasound probe housing (FIG.3: No.46 and FIG.4A: No.38a and 38b; [0105]: the needle guide 38 comprises a slot opening 38a and a lot terminus 38b); wherein
the needle guide assembly is disposed within and connected to the guide channel cut-out or aperture (FIG.4A and 4B; and [0105]: the needle guide 2 has a proximal opening 134a and a distal opening 134b and a track therebetween configured to guide the needle 14 at a predetermined angle relative to the surface of the sensors and/or relative to the face of the sensor array as the needle 14 travels into the subject) – in FIG.4A, it illustrates that the needle guide assembly 2 is disposed within the guide channel cut-out 38a and 38b and they are also connected.
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the device of Tien employ such a feature of “a guide channel cut-out or aperture that extends through the ultrasound probe housing; wherein the needle guide assembly is disposed within and connected to the ultrasound probe housing and disposed within the guide channel cut-out or aperture” as taught in Moskowitz for the advantage of “guide the needle 14 at a predetermined angle relative to the surface of the sensors and/or relative to the face of the sensor array as the needle 14 travels into the subject”, as suggested in Moskowitz, [0105].
Claims 7-10. Tien and Moskowitz combined teaches all the limitations of claims 1 and 4. Note that Tien teaches the guide channel or cut-out being the needle guide assembly, and Moskowitz teaches an alternative configuration that the guide channel or cut-out and the needle guide assembly are two separate components. Both configurations allow the need to pass though for being imaged while penetrating into the patient’s body. When Tien and Moskowitz are combined, the channel 210, 510 or 610 incorporate the configuration of Moskowitz such that the channel incorporate an additional feature as Moskowitz Part No. 2 to provide guidance to the needle.
In the rejection below, Tien’s 210, 510 and 610 are cited to be referred to as the needle guide assembly and the guide channel or cut-out that Tien and Moskowitz combined teaches.
As applied to claim 1, Tien teaches the set of ultrasound probes ([0049]: a probe 201 includes a plurality of angled transducers. Suitable configurations of probe 201 with the transducer elements inside may include, but not limited to, linear, curved (e.g., convex), among others. For example, in one embodiment, the probe 201 includes a left transducer 220 and a right transducer 230, with the transmissive surfaces facing at an angle towards each other and around a tool guiding channel 210; [0050]: the transducer 220 and 230 may be provided in any form of linear array…the transducers are arranged laterally around a central tool-guiding channel 210; and [0051]: FIG.2: two or more angled transducers 220, 230 arranged facing the tool-guiding channel 210).
Tien further teaches that the set of ultrasound probes includes:
Claim 7: a first ultrasound probe that is located a first distance from the guide channel cut-out or aperture; and a second ultrasound probe that is located a second distance from the guide channel cut-out or aperture; wherein the first distance is different than the second distance.
Claim 8: a first ultrasound probe that is located on a first side of the guide channel cut-out or aperture; and a second ultrasound probe that is located on a second side of the guide channel cut-out or aperture; wherein the second side is opposite to the first side.
Claim 9: the first ultrasound probe is located a first distance from the first side of the guide channel cut-out or aperture; andthe second ultrasound probe is located a second distance from the second side of the guide channel cut-out or aperture;wherein the first distance is the same as the second distance.
Claim 10: the first ultrasound probe is located a first distance from the first side of the guide channel cut-out or aperture; andthe second ultrasound probe is located a second distance from the second side of the guide channel cut-out or aperture;wherein the first distance is different than the second distance.
As applied to claim 1, Tien teaches that the transducers 220 and 230 are in a form of a linear array and are angled, as illustrated in FIG.2. A linear array is conventionally known to have a series of transducers arranged in a linear configuration. Since these transducers are angled, i.e., tilted from the bottom surface, the distance of each transducer to the bottom surface would not be the same.
For claim 7, see below the annotated FIG.2 of Tien. The individual transducers in the linear array of transducer 220 is illustrated by annotated boxes. The 5 horizontal arrows on each side represent different distances from each transducer probe to the guide channel cut-out or aperture of the ultrasound probe housing.
For claim 8, see below the annotated FIG.2 of Tien. The individual transducers in the linear array of transducer 220 is illustrated by annotated boxes. There are transducer probes on one side of the guide channel cut-out or aperture, and there are transducer probes on the other side of the guide channel cut-out of aperture.
For claims 9 and 10, see below the annotated FIG.2 of Tien. The individual transducers in the linear array of transducer 220 is illustrated by annotated boxes. The 5 horizontal arrows on each side represent distances from each transducer probe to the guide channel cut-out or aperture of the ultrasound probe housing. For the transducer probes of the same height on each side, their distance to the guide channel cut-out or aperture is the same (claim 9). For the transducer probes of different heights on each side, their distance to the guide channel cut-out or aperture are different (claim 10).
PNG
media_image2.png
208
221
media_image2.png
Greyscale
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 11 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 8 of U.S. Patent No. 12,303,321. Although the claims at issue are not identical, they are not patentably distinct from each other. Both the instant application and the ‘069 patents are directed to a device that comprises an ultrasound probe housing, a needle guide assembly, and a plurality of ultrasound probes that include a set of ultrasound probes that are positioned non-perpendicular to the body side of the ultrasound probe housing. The scope of the instant application is merely broader than that of the ‘069 patent.
Claim 1 of ‘321 reads on the entirety of claims 1 and 18 of the instant application.
Claim 8 of ‘321 reads on the entirety of claims 11 and 18 of the instant application.
Claim 1 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,097,069 Although the claims at issue are not identical, they are not patentably distinct from each other. Both the instant application and the ‘069 patents are directed to a device that comprises an ultrasound probe housing, a needle guide assembly, and a plurality of ultrasound probes that include a set of ultrasound probes that are positioned non-perpendicular to the body side of the ultrasound probe housing. The scope of the instant application is merely broader than that of the ‘069 patent.
Claim 1 of ‘069 reads on the entirety of claim 1 of the instant application.
Claims 11 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,701,083. Although the claims at issue are not identical, they are not patentably distinct from each other. Both the instant application and the ‘069 patents are directed to a device that comprises an ultrasound probe housing, a guide channel cut-out or aperture, and a plurality of ultrasound probes that include a set of ultrasound probes that are positioned non-perpendicular to the body side of the ultrasound probe housing. The scope of the instant application is merely broader than that of the ‘083 patent.
Claim 1 of ‘083 reads on the entirety of claims 11 and 18 of the instant application.
Claims 2-10 and 19-20 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of each of U.S. Patent No. 11,129,588, 11,696,739, 11,701,082, 11,701,083, 11,701,084, 11,701,085, 12,029,608, 12,097,069, and 12,303,321 in view of Tien for the teaching of claimed features associated with various distance of each transducer to the needle penetration site, to the needle guide assembly, to the guide channel or cut-out, or to the body side of the ultrasound probe housing. Please refer to the rejection of claims 2-10 and 19-20 under 35 U.S.C. 102(a)(2) presented in the instant Office action.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The feature associated with the following recited limitations in claim 6, “the needle guide assembly is pivotally connected to the guide channel cut-out or aperture at a pivot point within the guide channel cut-out or aperture and rotatable within the guide channel cut-out or aperture and about the pivot point”, along or with other claimed elements, are not taught, disclosed or suggested by the references of record, individually or combined.
The prior arts relevant to the claimed invention are cited below:
Mauldin et al., US 2016/0374644 A1. This reference teaches in FIG.3 a plurality of ultrasound probes positioned perpendicular to the body side of the housing. In FIG.4 it teaches a plurality of ultrasound probes angled in parallel with the needle advancing direction.
Mauldin et al., US 2012/0296213 A1. This reference teaches in FIG.3A-B and [0046] that the four transducer 312A-D may be used to identify a location for insertion and may be focused at different depth.
However, none of the above references, individually or combined, teaches, suggests or discloses that the probes are of different angle from perpendicular to the body side of the ultrasound probe housing.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YI-SHAN YANG whose telephone number is (408) 918-7628. The examiner can normally be reached Monday-Friday 8am-4pm PST.
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 M Bui-Pho can be reached at 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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YI-SHAN YANG/Primary Examiner, Art Unit 3798