NON-FINAL REJECTION
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 .
Response to Amendment
The preliminary amendment dated 8/6/2025 has been entered and considered for this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 40 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Regarding claim 40: The Specification as filed does appear to provide support for the confirmation indicator comprising an auditory signal as recited in the claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,369,886 B2 (hereinafter “Reference Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Reference Patent anticipates and/or renders obvious the claims of the instant application:
Instant Application (19/281,966)
Reference Patent (US 12,369,886 B2)
21. An ultrasound system, comprising: an ultrasound probe comprising:
a transducer head;
an external housing; and
a plurality of buttons on the external housing, the plurality of buttons including a center button; and
a mobile device in operative communication with the ultrasound probe and running an ultrasound application, wherein the mobile device is configured to:
display, on a scan screen, ultrasound images updated in real-time based on ultrasound data captured by the ultrasound probe; receive an indication from the ultrasound probe of a double press of the center button when the scan screen is displayed;
in response to receiving the double press, display a button function configuration menu on the scan screen;
receive a selection from the button function configuration menu of a button function configuration;
receive an indication of a single press of another button of the plurality of buttons; and
perform an action in accordance with the single press and the button function configuration.
1. An ultrasound system, comprising: an ultrasound probe comprising:
a transducer head;
an external housing; and
three buttons disposed on the external housing vertically along a direction of a longitudinal axis of the ultrasound probe, the three buttons comprising:
an up button closest to the transducer head;
a down button farthest from the transducer head; and
a center button between the up button and the down button; and
a mobile device in operative communication with the ultrasound probe and running an ultrasound application, wherein the mobile device is configured to:
receive an indication from the ultrasound probe of a double press of the center button when the mobile device is displaying a scan screen, wherein ultrasound data captured by the ultrasound probe and transmitted to the mobile device is displayed on the scan screen as ultrasound images that are updated in real-time;
based on the receiving the indication of the double press of the center button, display a button function configuration menu on the scan screen;
receive a selection from the button function configuration menu of a button function configuration;
receive an indication of a single press of the up button or the down button; and
perform an action in accordance with the single press of the up button or the down button and the button function configuration.
22. The ultrasound system of claim 21, wherein the button function configuration menu comprises multiple selectable options for functions of at least two buttons of the plurality of buttons, and the multiple selectable options comprise:
adjust depth;
adjust gain; and
change mode.
2. The ultrasound system of claim 1, wherein the button function configuration menu comprises multiple selectable options for functions of the up button and the down button, and the multiple selectable options comprise:
adjust depth;
adjust gain; and
change mode.
23. The ultrasound system of claim 21, wherein the button function configuration menu comprises:
a list of options; and
a selection indicator that highlights an option in the list; and
the mobile device is configured, when receiving the selection from the button function configuration menu, to:
receive an indication from the ultrasound probe of a press of a button above or below the center button in the plurality of buttons and move a location of the selection indicator in the list up or down, respectively; and
receive an indication from the ultrasound probe of a press of the center button and set the option in the list highlighted by the selection indicator as the button function configuration.
3. The ultrasound system of claim 1, wherein the button function configuration menu comprises:
a list of options; and
a selection indicator that highlights an option in the list; and
the mobile device is configured, when receiving the selection from the button function configuration menu of the button function configuration, to:
receive an indication from the ultrasound probe of a press of the up button or the down button and move a location of the selection indicator in the list up or down, respectively; and
receive an indication from the ultrasound probe of a press of the center button and set the option in the list highlighted by the selection indicator as the button function configuration.
24. The ultrasound system of claim 21, wherein the button function configuration menu comprises a list of options, and the mobile device is configured, when receiving the selection from the button function configuration menu, to detect a touch from a user of one of the options on a touch-sensitive display screen of the mobile device.
4. The ultrasound system of claim 1, wherein the button function configuration menu comprises a list of options, and the mobile device is configured, when receiving the selection from the button function configuration menu of the button function configuration, to detect a touch from a user of one of the options on a touch-sensitive display screen of the mobile device.
25. The ultrasound system of claim 21, wherein the mobile device is configured to overlay the button function configuration menu on the scan screen.
5. The ultrasound system of claim 1, wherein the mobile device is configured to overlay the button function configuration menu on the scan screen.
26. The ultrasound system of claim 21, wherein the selected button function configuration is adjusting imaging depth, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a press of a button and cause the imaging depth to increase or decrease, respectively.
6. The ultrasound system of claim 1, wherein the selected button function configuration is adjusting imaging depth, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a press of the up button or the down button and cause the imaging depth to increase or decrease, respectively.
27. The ultrasound system of claim 26, wherein the mobile device is configured to cause the imaging depth to increase or decrease by 1 cm for a single button press.
7. The ultrasound system of claim 6, wherein the mobile device is configured to cause the imaging depth to increase or decrease by 1 cm for a single button press.
28. The ultrasound system of claim 26, wherein the mobile device is configured, when causing the imaging depth to increase or decrease, to transmit one or more commands to the ultrasound probe to change one or more aspects of how the ultrasound probe transmits ultrasound waves.
8. The ultrasound system of claim 6, wherein the mobile device is configured, when causing the imaging depth to increase or decrease, to transmit one or more commands to the ultrasound probe to change one or more aspects of how the ultrasound probe transmits ultrasound waves.
29. The ultrasound system of claim 28, wherein the one or more aspects are selected from the group consisting of pulse repetition rate, focal depth, frequency, pulse length, and aperture size.
9. The ultrasound system of claim 8, wherein the one or more aspects are selected from the group consisting of pulse repetition rate, focal depth, frequency, pulse length, and aperture size.
30. The ultrasound system of claim 21, wherein the selected button function configuration is adjusting gain, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a press of a button and cause imaging gain to increase or decrease, respectively.
10. The ultrasound system of claim 1, wherein the selected button function configuration is adjusting gain, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a press of the up button or the down button and cause the imaging gain to increase or decrease, respectively.
31. The ultrasound system of claim 30, wherein the mobile device is configured to cause the imaging gain to increase or decrease by 5% for a single button press.
11. The ultrasound system of claim 10, wherein the mobile device is configured to cause the imaging gain to increase or decrease by 5% for a single button press.
32. The ultrasound system of claim 21, wherein the selected button function configuration is changing mode, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a press of a button and to cycle through a list of ultrasound imaging modes including two or more of B-mode, color Doppler, power Doppler, M- mode, and pulsed Doppler.
12. The ultrasound system of claim 1, wherein the selected button function configuration is adjusting mode, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a press of the up button or the down button and to cycle through a list of ultrasound imaging modes including two or more of B-mode, color Doppler, power Doppler, M-mode, and pulsed Doppler.
33. The ultrasound system of claim 32, wherein the mobile device is configured, when cycling through the list of ultrasound imaging modes, to transmit one or more commands to the ultrasound probe to change one or more aspects of how the ultrasound probe transmits ultrasound waves and/or one or more aspects of how the ultrasound probe receives ultrasound waves.
13. The ultrasound system of claim 12, wherein the mobile device is configured, when cycling through the list of ultrasound imaging modes, to transmit one or more commands to the ultrasound probe to change one or more aspects of how the ultrasound probe transmits ultrasound waves and/or one or more aspects of how the ultrasound probe receives ultrasound waves.
34. The ultrasound system of claim 21, wherein a user is logged into an account on the ultrasound application, and the button function configuration persists until the user logs out of the account on the ultrasound application.
14. The ultrasound system of claim 1, wherein a user is logged into an account on the ultrasound application, and the button function configuration persists until the user logs out of the account on the ultrasound application.
35. The ultrasound system of claim 21, wherein the mobile device is configured to save the button function configuration locally.
15. The ultrasound system of claim 1, wherein the mobile device is configured to save the button function configuration locally.
36. The ultrasound system of claim 21, wherein the selected button function configuration is adjusting imaging depth, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a long press of a button and cause the imaging depth to continuously increase or decrease, respectively.
16. The ultrasound system of claim 1, wherein the selected button function configuration is adjusting imaging depth, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a long press of the up button or the down button and cause the imaging depth to continuously increase or decrease, respectively.
37. The ultrasound system of claim 21, wherein the selected button function configuration is adjusting gain, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a long press of a button and cause imaging gain to continuously increase or decrease, respectively.
17. The ultrasound system of claim 1, wherein the selected button function configuration is adjusting gain, and the mobile device is configured, when performing the action, to receive an indication from the ultrasound probe of a long press of the up button or the down button and cause the imaging gain to continuously increase or decrease, respectively.
38. The ultrasound system of claim 21, wherein the mobile device is configured to receive an indication from the ultrasound probe of a long press of the center button and perform an action selected from the group consisting of:
capturing a cine of ultrasound images;
disabling one or more buttons of the plurality of buttons;
displaying the button function configuration menu; and
toggling on or off one or more artificial intelligence features.
18. The ultrasound system of claim 1, wherein the mobile device is configured to receive an indication from the ultrasound probe of a long press of the center button and perform an action selected from the group consisting of:
capturing a cine of ultrasound images;
disabling the up button, the down button, and the center button;
display the button function configuration menu; and
toggle on or off one or more artificial intelligence features.
39. A method of configuring an ultrasound system comprising an ultrasound probe and a mobile device, the method comprising:
displaying, on a scan screen of the mobile device, ultrasound images that are updated in real-time based on ultrasound data captured by the ultrasound probe; receiving, at the mobile device, an indication of a double press of a center button on the ultrasound probe, the center button being one of a plurality of buttons on the ultrasound probe, while the scan screen is displayed;
in response to receiving the double press, displaying a button function configuration menu on the scan screen;
receiving a selection from the button function configuration menu of a button function configuration that assigns at least one imaging control function to at least one of the plurality of buttons on the ultrasound probe;
receiving a subsequent indication of a single press of one of the plurality of buttons on the ultrasound probe; and
performing, by the mobile device, an action in accordance with the button function configuration and the subsequent indication of the single press.
1. An ultrasound system, comprising: an ultrasound probe comprising:
a transducer head;
an external housing; and
three buttons disposed on the external housing vertically along a direction of a longitudinal axis of the ultrasound probe, the three buttons comprising:
an up button closest to the transducer head;
a down button farthest from the transducer head; and
a center button between the up button and the down button; and
a mobile device in operative communication with the ultrasound probe and running an ultrasound application, wherein the mobile device is configured to:
receive an indication from the ultrasound probe of a double press of the center button when the mobile device is displaying a scan screen, wherein ultrasound data captured by the ultrasound probe and transmitted to the mobile device is displayed on the scan screen as ultrasound images that are updated in real-time;
based on the receiving the indication of the double press of the center button, display a button function configuration menu on the scan screen;
receive a selection from the button function configuration menu of a button function configuration; [further see one of the dependent claims such as claims 2, 3, 6, 10, etc., which describes that the button function configuration assigns at least one imaging control function to at least one of the plurality of button on the ultrasound probe such as the up button or the down button
receive an indication of a single press of the up button or the down button; and
perform an action in accordance with the single press of the up button or the down button and the button function configuration.
40. The method of claim 39, further comprising displaying a confirmation indicator on the mobile device after receiving the selection from the button function configuration menu, the confirmation indicator comprising at least one of a visual confirmation on the scan screen or an auditory signal.
3. The ultrasound system of claim 1, wherein the button function configuration menu comprises:
a list of options; and
a selection indicator that highlights an option in the list; and
the mobile device is configured, when receiving the selection from the button function configuration menu of the button function configuration, to:
receive an indication from the ultrasound probe of a press of the up button or the down button and move a location of the selection indicator in the list up or down, respectively; and
receive an indication from the ultrasound probe of a press of the center button and set the option in the list highlighted by the selection indicator as the button function configuration.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
As discussed above, the claims are substantially similar in scope to the claims of the aforementioned patent. The difference is that the claims of the instant application do not specifically recite the up and down buttons in addition to the center button, but more broadly recite a plurality of buttons including the center button an “another button of the plurality of buttons”; however, this difference is not patentably significant. In other words, the exact arrangement of the three buttons (up, center, and down) is not critical limitation that made the patent claims allowable. Therefore, the claims of the instant application are allowable over the prior art for the same reasons as the patent claims (see prosecution history of application 18/421,061).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN T. SAKAMOTO whose telephone number is (571)272-4958. The examiner can normally be reached Monday - Friday, ~9AM-5PM Pacific.
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COLIN T. SAKAMOTO
Primary Examiner
Art Unit 3798
/COLIN T. SAKAMOTO/Primary Examiner, Art Unit 3798
22 August 2026
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