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.
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Claims rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12303335. Although the claims at issue are not identical, they are not patentably distinct from each other because:
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US12303335
1. A method of controlling visualization of ultrasound image data, comprising:
1. A method of controlling visualization of ultrasound image data, comprising:
- displaying a live ultrasound image feed on a touchscreen, the live ultrasound image feed being acquired by an ultrasound acquisition unit with a physical orientation cue;
displaying a live 2-D ultrasound image feed on a touchscreen, the live 2-D ultrasound image feed being acquired by an ultrasound acquisition unit with a physical orientation cue;
- while displaying the live ultrasound image feed on the touchscreen, displaying a visual orientation indicator that corresponds to the physical orientation cue on the ultrasound acquisition unit;
while displaying the live 2-D ultrasound image feed on the touchscreen, displaying a visual orientation indicator that corresponds to the physical orientation cue on the ultrasound acquisition unit;
- receiving input via the touchscreen to flip the live ultrasound image feed along one of a vertical axis or a horizontal axis, the input comprising continuous contact with the touchscreen;
receiving input via the touchscreen to flip the live 2-D ultrasound image feed along one of a vertical axis or a horizontal axis, the input comprising continuous contact with the touchscreen;
- during the continuous contact with the touchscreen, displaying a transitional view that is continuously updated in accordance with characteristics of the contact with the touchscreen;
during the continuous contact with the touchscreen, displaying a transitional view of the live 2D ultrasound image feed that is continuously updated in accordance with characteristics of the contact with the touchscreen;
- upon termination of the continuous contact with the touchscreen, determining whether a pre-flipped orientation of the live ultrasound image feed or a flipped orientation of the live ultrasound image feed will be displayed, the determining being based on a position on the touchscreen where the continuous contact with the touchscreen is terminated; and
upon termination of the continuous contact with the touchscreen, determining whether a pre-flipped orientation of the live 2-D ultrasound image feed or a flipped orientation of the live 2-D ultrasound image feed will be displayed, the determining being based on a position on the touchscreen where the continuous contact with the touchscreen is terminated,
- based on the determining, displaying the live ultrasound image feed in a pre-flipped orientation or a flipped orientation.
based on the determining, displaying the live 2-D ultrasound image feed in the pre-flipped orientation or the flipped orientation.
2. The method of claim 1, wherein the continuous contact with the touchscreen corresponds to a drag gesture, and the transitional view comprises an animation from a pre-flipped orientation of the live ultrasound image feed to a flipped orientation of the live ultrasound image feed.
2. The method of claim 1, wherein the continuous contact with the touchscreen corresponds to a drag gesture, and the transitional view of the live 2D ultrasound image feed comprises an animation from the pre-flipped orientation of the live 2-D ultrasound image feed to the flipped orientation of the live 2-D ultrasound image feed.
3. The method of claim 2, when displaying the transitional view that is continuously updated in accordance with the characteristics of the contact with the touchscreen, scan conversion is repeatedly performed to adapt image data from being displayed in a pre-flipped orientation to being displayed in a partially-flipped orientation within the animation.
3. The method of claim 2, when displaying the transitional view of the live 2D ultrasound image feed that is continuously updated in accordance with the characteristics of the contact with the touchscreen, scan conversion is repeatedly performed to adapt image data from being displayed in the pre-flipped orientation to being displayed in a partially-flipped orientation within the animation.
4. The method of claim 2, wherein the transitional view being continuously updated in accordance with characteristics of the contact with the touchscreen comprises the animation being continuously updated to correspond with a length of the drag gesture.
4. The method of claim 2, wherein the transitional view of the live 2D ultrasound image feed being continuously updated in accordance with the characteristics of the contact with the touchscreen comprises the animation being continuously updated to correspond with a length of the drag gesture.
5. The method of claim 2, wherein the received input via the touchscreen to flip the live ultrasound image feed comprises selecting the visual orientation indicator to initiate the drag gesture, and the animation from the pre-flipped orientation of the live ultrasound image feed to the flipped orientation of the live ultrasound image feed comprises rotating the live ultrasound image feed, wherein a degree of the rotation corresponds to a distance the visual orientation indicator is from a center of the display during the drag gesture.
5. The method of claim 2, wherein the received input via the touchscreen to flip the live 2-D ultrasound image feed comprises selecting the visual orientation indicator to initiate the drag gesture, and the animation from the pre-flipped orientation of the live 2-D ultrasound image feed to the flipped orientation of the live 2-D ultrasound image feed comprises rotating the live 2-D ultrasound image feed, wherein a degree of the rotation corresponds to a distance the visual orientation indicator is from a center of a display of the touchscreen during the drag gesture.
6. The method of claim 5, wherein the position on the touchscreen where the drag gesture is terminated is past the center of the display, and based on the position, a flipped orientation of the live ultrasound image feed is determined to be displayed.
6. The method of claim 5, wherein the position on the touchscreen where the drag gesture is terminated is past the center of the display, and based on the position, the flipped orientation of the live 2-D ultrasound image feed is determined to be displayed.
7. The method of claim 6, wherein upon termination of the drag gesture, the animation from the pre-flipped orientation of the live ultrasound image feed to the flipped orientation of the live ultrasound imaged feed is partially rotated, and the method further comprises displaying a completion of the animation to the flipped orientation of the live ultrasound image feed prior to displaying the live ultrasound image feed in the flipped orientation.
7. The method of claim 6, wherein upon termination of the drag gesture, the animation from the pre-flipped orientation of the live 2-D ultrasound image feed to the flipped orientation of the live 2-D ultrasound imaged feed is partially rotated, and the method further comprises displaying a completion of the animation to the flipped orientation of the live 2-D ultrasound image feed prior to displaying the live 2-D ultrasound image feed in the flipped orientation.
8. The method of claim 5, wherein the position on the touchscreen where the drag gesture is terminated is not past the center of the display, and a pre-flipped orientation of the live ultrasound image feed is determined to be displayed.
8. The method of claim 5, wherein the position on the touchscreen where the drag gesture is terminated is not past the center of the display, and the pre-flipped orientation of the live 2-D ultrasound image feed is determined to be displayed.
9. The method of claim 8, wherein upon termination of the drag gesture, the animation from the pre-flipped orientation of the live ultrasound image feed to the flipped orientation of the live ultrasound imaged feed is partially rotated, and the method further comprises displaying a reversion of the animation to the pre-flipped orientation of the live ultrasound image feed prior to displaying the live ultrasound image feed in the pre-flipped orientation.
9. The method of claim 8, wherein upon termination of the drag gesture, the animation from the pre-flipped orientation of the live 2-D ultrasound image feed to the flipped orientation of the live 2-D ultrasound imaged feed is partially rotated, and the method further comprises displaying a reversion of the animation to the pre-flipped orientation of the live 2-D ultrasound image feed prior to displaying the live 2-D ultrasound image feed in the pre-flipped orientation.
10. The method of claim 1, wherein when displaying the transitional view that is continuously updated in accordance with the characteristics of the contact with the touchscreen, image data continues to be acquired and displayed in the live ultrasound image feed.
10. The method of claim 1, wherein when displaying the transitional view of the live 2D ultrasound image feed that is continuously updated in accordance with the characteristics of the contact with the touchscreen, image data continues to be acquired and displayed in the live 2-D ultrasound image feed.
11. The method of claim 1, wherein the ultrasound acquisition unit is usable in multiple types of exams comprising non-cardiac exams and cardiac exams, and the received input via the touchscreen is for flipping the live ultrasound image feed along the vertical axis
11. The method of claim 1, wherein the ultrasound acquisition unit is usable in multiple types of exams comprising non-cardiac exams and cardiac exams, and the received input via the touchscreen is for flipping the live 2-D ultrasound image feed along the vertical axis.
12. The method of claim 1, wherein the ultrasound acquisition unit is usable for multiple types of exams comprising urological exams, and the received input via the touchscreen is for flipping the live ultrasound image feed along the horizontal axis.
12. The method of claim 1, wherein the ultrasound acquisition unit is usable for multiple types of exams comprising urological exams, and the received input via the touchscreen is for flipping the live 2-D ultrasound image feed along the horizontal axis.
13. An ultrasound imaging system comprising:
13. An ultrasound imaging system comprising:
- an ultrasound acquisition unit configured to transmit and receive ultrasound signals, the ultrasound acquisition unit having a physical orientation cue; and
an ultrasound acquisition unit configured to transmit and receive ultrasound signals, the ultrasound acquisition unit having a physical orientation cue; and
- a display computing device comprising a processor, a memory storing instructions for execution by the processor, and a touchscreen, the display computing device being communicably coupled to the ultrasound acquisition unit, wherein when the instructions are executed by the processor, the processor is configured to:
a display computing device comprising a processor, a memory storing instructions for execution by the processor, and a touchscreen, the display computing device being communicably coupled to the ultrasound acquisition unit, wherein when the instructions are executed by the processor, the processor is configured to:
- display a live ultrasound image feed on the touchscreen, the live ultrasound image feed being acquired by the ultrasound acquisition unit;
display a live 2-D ultrasound image feed on the touchscreen, the live 2-D ultrasound image feed being acquired by the ultrasound acquisition unit;
- while displaying the live ultrasound image feed on the touchscreen, display a visual orientation indicator that corresponds to the physical orientation cue on the ultrasound acquisition unit;
while displaying the live 2-D ultrasound image feed on the touchscreen, display a visual orientation indicator that corresponds to the physical orientation cue on the ultrasound acquisition unit;
- receive input via the touchscreen to flip the live ultrasound image feed along one of a vertical axis or a horizontal axis, the input comprising continuous contact with the touchscreen;
receive input via the touchscreen to flip the live 2-D ultrasound image feed along one of a vertical axis or a horizontal axis, the input comprising continuous contact with the touchscreen;
- during the continuous contact with the touchscreen, display a transitional view that is continuously updated in accordance with characteristics of the contact with the touchscreen;
during the continuous contact with the touchscreen, display a transitional view of the live 2D ultrasound image feed that is continuously updated in accordance with characteristics of the contact with the touchscreen;
- upon termination of the continuous contact with the touchscreen, determine whether a pre-flipped orientation of the live ultrasound image feed or a flipped orientation of the live ultrasound image feed will be displayed, the determining being based on a position on the touchscreen where the continuous contact with the touchscreen is terminated; and
upon termination of the continuous contact with the touchscreen, determine whether a pre-flipped orientation of the live 2-D ultrasound image feed or a flipped orientation of the live 2-D ultrasound image feed will be displayed, the determining being based on a position on the touchscreen where the continuous contact with the touchscreen is terminated,
- based on the determining, display the live ultrasound image feed in a pre-flipped orientation or a flipped orientation.
based on the determining, display the live 2-D ultrasound image feed in the pre-flipped orientation or the flipped orientation.
14. The ultrasound imaging system of claim 13, wherein the continuous contact with the touchscreen corresponds to a drag gesture, and the transitional view comprises an animation from a pre-flipped orientation of the live ultrasound image feed to a flipped orientation of the live ultrasound image feed.
14. The ultrasound imaging system of claim 13, wherein the continuous contact with the touchscreen corresponds to a drag gesture, and the transitional view of the live 2D ultrasound image feed comprises an animation from the pre-flipped orientation of the live 2-D ultrasound image feed to the flipped orientation of the live 2-D ultrasound image feed.
15. The ultrasound imaging system of claim 14, wherein the received input via the touchscreen to flip the live ultrasound image feed comprises selecting the visual orientation indicator to initiate the drag gesture, and the animation from the pre-flipped orientation of the live ultrasound image feed to the flipped orientation of the live ultrasound image feed comprises rotating the live ultrasound image feed, wherein a degree of the rotation corresponds to a distance the visual orientation indicator is from a center of the display during the drag gesture.
15. The ultrasound imaging system of claim 14, wherein the received input via the touchscreen to flip the live 2-D ultrasound image feed comprises selecting the visual orientation indicator to initiate the drag gesture, and the animation from the pre-flipped orientation of the live 2-D ultrasound image feed to the flipped orientation of the live 2-D ultrasound image feed comprises rotating the live ultrasound image feed, wherein a degree of the rotation corresponds to a distance the visual orientation indicator is from a center of the display during the drag gesture.
16. The ultrasound imaging system of claim 15, wherein the position on the touchscreen where the drag gesture is terminated is past the center of the display, and based on the position, a flipped orientation of the live ultrasound image feed is determined to be displayed.
16. The ultrasound imaging system of claim 15, wherein the position on the touchscreen where the drag gesture is terminated is past the center of the display, and based on the position, the flipped orientation of the live 2-D ultrasound image feed is determined to be displayed.
17. The ultrasound imaging system of claim 16, wherein upon termination of the drag gesture, the animation from the pre-flipped orientation of the live ultrasound image feed to the flipped orientation of the live ultrasound imaged feed is partially rotated, and wherein the processor is further configured to display a completion of the animation to the flipped orientation of the live ultrasound image feed prior to displaying the live ultrasound image feed in the flipped orientation.
17. The ultrasound imaging system of claim 16, wherein upon termination of the drag gesture, the animation from the pre-flipped orientation of the live 2-D ultrasound image feed to the flipped orientation of the live 2-D ultrasound imaged feed is partially rotated, and wherein the processor is further configured to display a completion of the animation to the flipped orientation of the live 2-D ultrasound image feed prior to displaying the live 2-D ultrasound image feed in the flipped orientation.
18. The ultrasound imaging system of claim 15, wherein the position on the touchscreen where the drag gesture is terminated is not past the center of the display, and a pre-flipped orientation of the live ultrasound image feed is determined to be displayed.
18. The ultrasound imaging system of claim 15, wherein the position on the touchscreen where the drag gesture is terminated is not past the center of the display, and the pre-flipped orientation of the live 2-D ultrasound image feed is determined to be displayed.
19. The ultrasound imaging system of claim 18, wherein upon termination of the drag gesture, the animation from the pre-flipped orientation of the live ultrasound image feed to the flipped orientation of the live ultrasound imaged feed is partially rotated, and the method further comprises displaying a reversion of the animation to the pre-flipped orientation of the live ultrasound image feed prior to displaying the live ultrasound image feed in the pre-flipped orientation.
19. The ultrasound imaging system of claim 18, wherein upon termination of the drag gesture, the animation from the pre-flipped orientation of the live 2-D ultrasound image feed to the flipped orientation of the live 2-D ultrasound imaged feed is partially rotated, and the system enables the display of a reversion of the animation to the pre-flipped orientation of the live 2-D ultrasound image feed prior to displaying the live 2-D ultrasound image feed in the pre-flipped orientation.
20. A non-transitory computer readable medium storing instructions for execution by a processor of a display computing device having a touchscreen, wherein when the instructions are executed by the processor, the processor is configured to:
20. A non-transitory computer readable medium storing instructions for execution by a processor of a display computing device having a touchscreen, wherein when the instructions are executed by the processor, the processor is configured to:
- display a live ultrasound image feed on the touchscreen, the live ultrasound image feed being acquired by an ultrasound acquisition unit with a physical orientation cue;
display a live 2-D ultrasound image feed on the touchscreen, the live 2-D ultrasound image feed being acquired by an ultrasound acquisition unit with a physical orientation cue;
- while displaying the live ultrasound image feed on the touchscreen, display a visual orientation indicator that corresponds to the physical orientation cue on the ultrasound acquisition unit;
while displaying the live 2-D ultrasound image feed on the touchscreen, display a visual orientation indicator that corresponds to the physical orientation cue on the ultrasound acquisition unit;
- receiving input via the touchscreen to flip the live ultrasound image feed along one of a vertical axis or a horizontal axis, the input comprising continuous contact with the touchscreen;
receiving input via the touchscreen to flip the live 2-D ultrasound image feed along one of a vertical axis or a horizontal axis, the input comprising continuous contact with the touchscreen;
- during the continuous contact with the touchscreen, display a transitional view that is continuously updated in accordance with characteristics of the contact with the touchscreen;
during the continuous contact with the touchscreen, display a transitional view of the live 2D ultrasound image feed that is continuously updated in accordance with characteristics of the contact with the touchscreen;
- upon termination of the continuous contact with the touchscreen, determine whether a pre-flipped orientation of the live ultrasound image feed or a flipped orientation of the live ultrasound image feed will be displayed, the determining being based on a position on the touchscreen where the continuous contact with the touchscreen is terminated; and
upon termination of the continuous contact with the touchscreen, determine whether a pre-flipped orientation of the live 2-D ultrasound image feed or a flipped orientation of the live 2-D ultrasound image feed will be displayed, the determining being based on a position on the touchscreen where the continuous contact with the touchscreen is terminated,
- based on the determining, display the live ultrasound image feed in a pre-flipped orientation or a flipped orientation.
based on the determining, display the live 2-D ultrasound image feed in the pre-flipped orientation or the flipped orientation.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the double patenting rejections, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
While the prior art does substantially disclose the limitations of the claims as recited in the prosecution history of 16927876, they do not disclose "determine whether a pre-flipped orientation of the live ultrasound image feed or a flipped orientation of the live ultrasound image feed will be displayed, the determining being based on a position on the touchscreen where the continuous contact with the touchscreen is terminated, and based on the determining, display the live ultrasound image feed in the pre-flipped orientation or the flipped orientation". Cranfill does disclose this limitation in the claims in the context of an e-book but does not disclose equivalent content in both the pre-flipped orientation and the flipped orientation as the front and back pages of an e-book would have different content (different text). As applied to Poland, a flipped 3D image would show the back of the 3D image rather than flipped orientation of the live ultrasound image feed. Therefore, the prior art does not disclose "while displaying the live ultrasound image feed on the touchscreen, display a visual orientation indicator that corresponds to the physical orientation cue on the ultrasound acquisition unit; receiving input via the touchscreen to flip the live ultrasound image feed along one of a vertical axis or a horizontal axis, the input comprising continuous contact with the touchscreen; during the continuous contact with the touchscreen, display a transitional view of the live ultrasound image feed that is continuously updated in accordance with characteristics of the contact with the touchscreen; upon termination of the continuous contact with the touchscreen, determine whether a pre-flipped orientation of the live ultrasound image feed or a flipped orientation of the live ultrasound image feed will be displayed, the determining being based on a position on the touchscreen where the continuous contact with the touchscreen is terminated, and based on the determining, display the live ultrasound image feed in the pre-flipped orientation or the flipped orientation" within the context of an ultrasound imaging device as set forth in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20090043195A1 – discloses a touchscreen using continuous tracking of contact for controlling an ultrasound device
US20130232409A1 – discloses an ultrasound device with a physical orientation cue
US20110137156A1 – discloses an e-reader where a page is flipped or not flipped based on how far a user’s finger on a touchscreen is dragged
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/JOHN D LI/Primary Examiner, Art Unit 3798
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