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 .
Drawings
The drawings were received on 8/25/2025. These drawings are accepted for examination.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the abstract idea of a mental process and/or mathematical process.
This judicial exception is not integrated into a practical application because the claims merely recite receiving data from an ultrasound device for practice of the abstract idea and providing the determination of the mental process/mathematical relationship. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims do not recite any structures or are only reciting computing structures for performing the calculations. While recitation of time-variant (generic) ultrasonic data acquisition is recited, time variant ultrasound acquisition has existed for over 50 years (1942, Dussik, M/B-mode, Vidoson system ~1965).
Computing structures for performing mathematical computations have been held to be not significantly more than the underlying abstract idea.
In dependent claims, the recitations include material properties, computational details of ratios, distributions, curve fitting, as well as poroelastography recitation (generally, see NPL to Righetti et al (2011) for general disclosure of poroelastography), which does not amount to significantly more without the specifics of the acquisition.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 1, 11, and 16, delineation as to the “calculated α” is required as instantly both compression induced solid stress distribution and fluid pressure are recited as being calculated, and the determination of α as interstitial fluid pressure is recited as “using” the fluid pressure. These links do not provide enough certainty to ascertain the modus utilized to reduce the instant claims to practice. While relationships between strain data and SSc/FPc are known, the exact “spatial parameter of interstitial fluid pressure” “using” the FPc is not clearly delineated. While it is appreciated that the solid stress during compression will relate to Solid stress distribution (SSg recited), the distribution relies on a relationship undisclosed in the claims.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and 35 U.S.C. 101 set forth in this Office action.
The closest reasonable prior art to the instant claims is believed to be references like those to Falahatpisheh et al (US 2016/0140730) which disclose and teach ultrasound-based volumetric particle tracking on compressible/incompressible media (claims 1-4), and determine a rate of change of the properties of the media, including deformation fields or velocity fields, but lack the instantly recited distributions based on the FPc, IFP, to yield a SSg distribution within the material.
Additionally, cited NPL, FUNDAMENTAL IMAGE QUALITY PARAMETERS OF POROELASTOGRAPHY discloses and teaches generally poroelastogrphy calculations and benefits, but does not disclose nor teach the specific compression-induced SSd along with fluid pressure under compression. The introduction discusses the feasibility of the instantly recited method/calculations as existing, but being unknown as to the material relationships in the instant modus. The clinical motivation to provide further reduction to practice is disclosed, but the output solid stress distribution based on the compressed fluid pressure and SSd under compression is not disclosed therein.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL M. LAMPRECHT whose telephone number is (571)272-3250. The examiner can normally be reached Mon - Fri 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOEL LAMPRECHT/Primary Examiner, Art Unit 3798
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