DETAILED ACTION
This Office action is responsive to communications filed on 08/26/2025. Presently, Claims 1-20 remain pending and are hereinafter examined on the merits.
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 .
Specification
The use of the term, “Bluetooth” “Wifi” etc, at ¶0078 a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 102
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 10-11, 13-17, & 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al (US 2017/0090675 A1).
Claim 10: Lee discloses, An apparatus, (¶Abstract) comprising:
a processing device (130) in operative communication with an ultrasound device (100), the processing device configured to: (¶0287, ¶0295)
display on a touch-sensitive display screen (110) of the processing device: (¶¶0122-0123, ¶0270-0271)
an ultrasound image (511); and (¶0171, ¶0274-0275)
a movable measurement tool (3000, FIG. 30) comprising an ellipse (oval-shaped object) having an axis that is either a major axis or a minor axis of the ellipse (¶0305, ‘An oval-shape caliper for measuring an area may include three or four objects each being disposed on some or all of the endpoints of the long axis and short axis, of the oval-shape caliper.’, ¶0374, ‘The oval-shape caliper 3000 may include four objects each being disposed at both endpoints of the long axis and both endpoints of the short axis, of the oval-shape caliper 3000.’), wherein the axis extends between a first vertex (first reference point 910) and a second vertex (second reference point 920) of the ellipse; (¶0181, ¶¶0210-0212, ¶0373-0374)
detect a dragging movement covering distance in a horizontal direction and/or a distance in a vertical direction across the touch-sensitive display screen, (¶¶0138-0139, ¶¶0196-0197, drag gesture or touch and touch and drag input defines the user touches on the touch screen and the finger moves to another position on the touch screen while the user maintained the touch covering a horizontal and vertical distance across the screen.) wherein the dragging movement begins in an interior of the ellipse or within a threshold distance of a boundary of the ellipse; and (¶¶0196-0197, ¶0262-0263, , ¶0306, ¶0314, the touch recognition region is an expanded touch recognition range to help the user select object when they do not precisely touch them. It is a predetermined-size region that surrounds the object. The user can provide input by touching an inside area of the touch recognition area (i.e., begins in the interior) or a boundary of the touch recognition region (i.e., within a threshold distance of the boundary) to select and drag the object.)
cause a display the first vertex and the second vertex at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction. (¶Abstract, ¶0064, Claim 1, ¶¶0138-0140, ¶0210, ¶¶0226-0227, ¶¶0233-0234, ¶0313, ¶0374, The entire ellipse is translated and therefore its vertices by the distance of the drag gesture. The controller is configured to move the object and the touch recognition region in response to an input for touching and dragging the touch recognition region. Because the oval-shaped caliper itself is a moveable object comprised of a group of endpoints (i.e., vertices), dragging the object group or the caliper simultaneously moves the first reference point 910 and second reference point 920 to a new display location removed by the exact horizontal or vertical distance covered by the users drag gesture.)
Claim 11: Lee discloses, all the elements above in claim 1, Lee discloses, wherein the ellipse overlays the ultrasound image. (¶0203, displays an oval enabled for selected a measurement area on the ultrasound image.)
Claim 13: Lee discloses, all the elements above in claim 1, Lee discloses, wherein the processing device is further configured to perform a measurement on the ultrasound image based on the ellipse. (¶0203, displays an oval enabled for selected a measurement area on the ultrasound image. see also Claim 13)
Claim 14: Lee discloses, all the elements above in claim 13, Lee discloses, wherein the measurement comprises a measurement of a length along a circumference of the ellipse (¶0190, ¶0203, ¶0374).
Claim 15: Lee discloses, all the elements above in claim 13, Lee discloses, wherein the measurement comprises a measurement of an area within the ellipse (¶0181, ¶0203, ¶0374).
Claim 16: Lee discloses, An apparatus, (¶Abstract) comprising:
a processing device (130) in operative communication with an ultrasound device (100), the processing device configured to: (¶0287, ¶0295)
display on a touch-sensitive display screen of the processing device: (¶¶0122-0123, ¶0270-0271)
an ultrasound image (511); and (¶0171, ¶0274-0275)
a movable measurement tool (line shape caliper, ¶0305) comprising a line extending between a first endpoint (850) and a second endpoint (860); (¶¶0205-0206, ¶¶0303-0305, ¶0331)
detect a dragging movement covering a distance in the horizontal direction and/or a distance in the vertical direction across the touch-sensitive display screen, (¶¶0134-0135, ¶¶0138-0139, ¶0284, input unit 120 and controller 130 are configured to detect the drag gesture or touch and drag input. The drag gesture is an input which the user touches the touch screen and then moves the finger to another portion on the touch screen while the user maintains the touch which covers a horizontal and/or vertical distance across the screen.) wherein the dragging movement begins on or within a threshold distance of the line; and (¶0191-0192, the reference line can be moved according to the user touch input. ¶0262-0263, ¶0306, ¶0314, The user can provide input by touching an inside area of the touch recognition area (i.e., begins in the interior) or a boundary of the touch recognition region (i.e., within a threshold distance of the boundary) to select and drag the object.)
cause a display of the first endpoint and the second endpoint of the line at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction. (¶0138, ¶0196-0197, ¶¶0205-0206, ¶0220, The entire line is translated and therefore its vertices by the distance of the drag gesture. The controller is configured to move the object and the touch recognition region in response to an input for touching and dragging the touch recognition region. Because the ultrasound apparatus can activate the reference line and reference points, and the reference line and reference points can be moved according to the user touch input, the touch and drag input applied to the reference line simultaneously moves both the first endpoint (850) and the second end point (860) to a new coordinate locations on the display that are shifted from their original position by the exact distance of the drag.)
Claim 17: Lee discloses, all the elements above in claim 16, Lee discloses, wherein the line overlays the ultrasound image. (¶0305, ‘the object used as the measurement mark may be an element of a caliper for specifying a length, a circumference, an area, and the like. For example, a line-shape caliper for measuring a length may include objects at both ends of the caliper, the objects being used as the measurement marks.’ See FIG 8B)
Claim 19: Lee discloses, all the elements above in claim 16, Lee discloses, wherein the processing device is further configured to perform a measurement on the ultrasound image based on the line. (¶¶0270-0271, ¶¶0286-0287, Claim 13)
Claim 20: Lee discloses, all the elements above in claim 19, Lee discloses, wherein the measurement comprises a measurement of a length along the line (¶0305, ‘the object used as the measurement mark may be an element of a caliper for specifying a length, a circumference, an area, and the like. For example, a line-shape caliper for measuring a length may include objects at both ends of the caliper, the objects being used as the measurement marks.’).
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
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.
There is insufficient antecedent basis for this limitation in the claim, as required by MPEP 2173.05(e). Accordingly, proper antecedent basis is required.
Claims 12 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 2017/0090675 A1), as applied to claim 1 & 16 respectively, in further view of Sarojam et al (US 2017/0124700 A1).
Claim 12: & Claim 18: Lee discloses, all the elements above in claim 1 & 16 respectively, Lee fails to disclose: wherein the processing device comprises a smartphone or a tablet.
However, Sarojam in the context of measuring a volume from an ultrasound image discloses, wherein the processing device comprises a smartphone or a tablet (¶0028).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the processing device of Lee to incorporate the teachings of Sarojam smart phone or table computer for the advantages of providing an improved system with portability for executing controlled instructions of an ultrasound imaging system as suggested by Sarojam, ¶0028.
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.
(First Rejection):
Claim 1-4, 6-11, 13-17, & 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 3-4, & 6-7 of patent US11638572B2 (U.S. Application 16/662,288). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1: US11638572B2 teaches, An apparatus, comprising: (Claim 1, “An apparatus, comprising:”)
a processing device in operative communication with an ultrasound device, the processing device configured to: (Claim 1, “a processing device in operative communication with an ultrasound device, the processing device configured to:”)
display on a touch-sensitive display screen of the processing device: (Claim 1, “a display on a touch-sensitive display screen of the processing device,”)
an ultrasound image; (Claim 1, “an ultrasound image,”)
a movable measurement tool comprising an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse; and (Claim 1, “a movable measurement tool including an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse, and”)
an icon that maintains a fixed distance from the first vertex of the ellipse along a direction defined by the axis; and (Claim 1, “an icon that maintains a fixed distance from a portion of the measurement tool, wherein the icon does not overlap the measurement tool and wherein the icon maintains the fixed distance from the first vertex of the ellipse along a direction defined by the axis;”)
use the icon to control a rotation of the ellipse. (Claim 2, “the processing device is further configured to modify the icon to control a rotation of the ellipse by detecting a dragging movement covering a distance orthogonal to the direction defined by the axis of the ellipse across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon; and display the first vertex and the second vertex at new locations on the touch-sensitive display screen that are rotated from their previous locations based on the distance that is along and/or the distance that is orthogonal to the direction defined by the axis of the ellipse.”)
Claim 2: US11638572B2 teaches, The apparatus of claim 1, wherein:
the processing device is configured, when using the icon to control the rotation of the ellipse, to:
detect a dragging movement covering a distance along and/or a distance orthogonal to the direction defined by the axis of the ellipse across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon; (Claim 1, “the processing device is further configured to use the icon to modify the measurement tool by controlling a length of the axis of the ellipse that includes the first vertex and to detect a dragging movement covering a distance along the direction defined by the axis of the ellipse across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon;”)
cause a display of the first vertex and the second vertex at new locations on the touch-sensitive display screen that are rotated from their previous locations based on the distance that is along and/or the distance that is orthogonal to the direction defined by the axis of the ellipse; (Claim 1, “cause a display of the first vertex at a new location on the touch-sensitive display screen that is removed from the first vertex's previous location by the distance along the direction defined by the axis of the ellipse; cause a display of the second vertex at a new location on the touch-sensitive display screen that is removed from the second vertex's previous location by the distance along the direction defined by the axis of the ellipse;”)
and
cause a display of the icon at a new location on the touch-sensitive display screen that is removed from the first vertex's new location by the fixed distance along the direction defined by the axis of the ellipse. (Claim 1, “cause a display of the icon at a new location on the touch-sensitive display screen that is removed from the first vertex's new location by the fixed distance along the direction defined by the axis of the ellipse”)
Claim 3: US11638572B2 teaches, The apparatus of claim 1, wherein the ellipse overlays the ultrasound image. (Claim 3, “wherein the measurement tool overlays the ultrasound image.”)
Claim 4: US11638572B2 teaches, The apparatus of claim 1, wherein the icon comprises a circle. (Claim 5, “wherein the icon comprises a circle.")
Claim 6: US11638572B2 teaches, The apparatus of claim 1, wherein the processing device is further configured to perform a measurement on the ultrasound image based on the ellipse. (Claim 1, “perform a measurement on the ultrasound image based on the ellipse;’)
Claim 7: US11638572B2 teaches, The apparatus of claim 6, wherein the measurement comprises a measurement of a length along a circumference of the ellipse. (Claim 6, “wherein the processor is configured to perform a measurement comprising a calculation of a spatial length represented by an ultrasound image along a circumference of the ellipse of the movable measurement tool.”)
Claim 8: US11638572B2 teaches, The apparatus of claim 6, wherein the measurement comprises a measurement of an area within the ellipse. (Claim 7, “wherein the processor is configured to perform a measurement comprising a calculation of a spatial area represented by an ultrasound image bounded within a circumference of the ellipse of the movable measurement tool.”)
Claim 9: US11638572B2 teaches, The apparatus of claim 1, wherein the processing device is configured to use the icon to control a length of the axis. (Claim 1, “wherein, in a case when the measurement tool includes the ellipse, the processing device is further configured to use the icon to modify the measurement tool by controlling a length of the axis of the ellipse”)
Claim 10: US11638572B2 teaches, An apparatus, comprising: (Claim 1, “An apparatus, comprising:”)
a processing device in operative communication with an ultrasound device, the processing device configured to: (Claim 1, “a processing device in operative communication with an ultrasound device, the processing device configured to:”)
display on a touch-sensitive display screen of the processing device: (Claim 1, “a display on a touch-sensitive display screen of the processing device,”)
an ultrasound image; and (Claim 1, “an ultrasound image,”)
a movable measurement tool comprising an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse; (Claim 1, “a movable measurement tool including an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse,”)
detect a dragging movement covering distance in a horizontal direction and/or a distance in a vertical direction across the touch-sensitive display screen, wherein the dragging movement begins in an interior of the ellipse or within a threshold distance of a boundary of the ellipse; and (Claim 1, “detect a dragging movement covering a distance in a horizontal direction and/or a distance in a vertical direction across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon;”, Claim 3, “detect a dragging movement covering a distance in a horizontal direction and/or a vertical direction across the touch-sensitive display screen, wherein the dragging movement begins in an interior of the ellipse or within a threshold distance of a boundary of the ellipse”)
cause a display the first vertex and the second vertex at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction. (Claim 3, “display the first vertex and the second vertex at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction.”)
Claim 11: US11638572B2 teaches, The apparatus of claim 10, wherein the ellipse overlays the ultrasound image. (Claim 4, “wherein the measurement tool overlays the ultrasound image.”)
Claim 13: US11638572B2 teaches, The apparatus of claim 1, wherein the processing device is further configured to perform a measurement on the ultrasound image based on the ellipse. (Claim 1, “perform a measurement on the ultrasound image based on the ellipse;’)
Claim 14: US11638572B2 teaches, The apparatus of claim 13, wherein the measurement comprises a measurement of a length along a circumference of the ellipse. (Claim 6, “wherein the processor is configured to perform a measurement comprising a calculation of a spatial length represented by an ultrasound image along a circumference of the ellipse of the movable measurement tool.”)
Claim 15: US11638572B2 teaches, The apparatus of claim 13, wherein the measurement comprises a measurement of an area within the ellipse. (Claim 7, “wherein the processor is configured to perform a measurement comprising a calculation of a spatial area represented by an ultrasound image bounded within a circumference of the ellipse of the movable measurement tool.”)
Claim 16: US11638572B2 teaches, An apparatus, comprising: (Claim 1, “An apparatus, comprising:”)
a processing device in operative communication with an ultrasound device, the processing device configured to: (Claim 1, “a processing device in operative communication with an ultrasound device, the processing device configured to:)
display on a touch-sensitive display screen of the processing device: (Claim 1, “cause a display on a touch-sensitive display screen of the processing device,”)
an ultrasound image; and (Claim 1, “an ultrasound image,”)
a movable measurement tool comprising a line extending between a first endpoint and a second endpoint; (Claim 1, “the moveable measurement tool includes a line extending between a first endpoint and a second endpoint, and’)
detect a dragging movement covering a distance in the horizontal direction and/or a distance in the vertical direction across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the line; and (Claim 1, “detect a dragging movement covering a distance in a horizontal direction and/or a distance in a vertical direction across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon;’)
cause a display of the first endpoint and the second endpoint of the line at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction. (Claim 1, “cause a display of the first endpoint at a new location on the touch-sensitive display screen that is removed from the first endpoint's previous location by the distance in the horizontal direction and/or the distance in the vertical direction;’)
Claim 17: The apparatus of claim 16, wherein the line overlays the ultrasound image. (Claim 4, ‘wherein the measurement tool overlays the ultrasound image.’)
Claim 19: US11638572B2 teaches, The apparatus of claim 16, wherein the processing device is further configured to perform a measurement on the ultrasound image based on the line. (Claim 1, “perform a measurement on the ultrasound image based on the line.’)
Claim 20: US11638572B2 teaches, The apparatus of claim 19, wherein the measurement comprises a measurement of a length along the line. (Claim 7, ‘wherein the processor is configured to perform a measurement comprising a calculation of a spatial area represented by an ultrasound image bounded within a circumference of the ellipse of the movable measurement tool.’)
Claim 5, 12, & 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 3-4, & 6-7 of patent US11638572B2 (U.S. Application 16/662,288), as applied to claim 1 and 16 above, in further view of Claim 4 of US11937983B2 (U.S. Application 18/141,450). Although the claims at issue are not identical, they are not patentably distinct from each other, as
Claim 5: US11638572B2 fails to teach: The apparatus of claim 1, wherein the processing device comprises a smartphone or a tablet.
However, US11937983B2 in the context of method and apparatus for performing measurement on an ultrasound image discloses: wherein the processing device comprises a smartphone or a tablet. (Claim 4, ‘wherein the processing device comprises a smartphone or a tablet.’).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the processing device of US11638572B2 to incorporprate the teachings of US11937983B2. The motivation to do this yield predictable results such as improving portability of the ultrasound processing system.
Claim 12: US11638572B2 teaches, The apparatus of claim 1, wherein the processing device comprises a smartphone or a tablet.
However, US11937983B2 in the context of method and apparatus for performing measurement on an ultrasound image discloses: wherein the processing device comprises a smartphone or a tablet. (Claim 4, ‘wherein the processing device comprises a smartphone or a tablet.’).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the processing device of US11638572B2 to incorporprate the teachings of US11937983B2. The motivation to do this yield predictable results such as improving portability of the ultrasound processing system.
Claim 18: US11638572B2 teaches, The apparatus of claim 16, wherein the processing device comprises a smartphone or a tablet.
However, US11937983B2 in the context of method and apparatus for performing measurement on an ultrasound image discloses: wherein the processing device comprises a smartphone or a tablet. (Claim 4, ‘wherein the processing device comprises a smartphone or a tablet.’).
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the processing device of US11638572B2 to incorporprate the teachings of US11937983B2. The motivation to do this yield predictable results such as improving portability of the ultrasound processing system.
(Second Rejection):
Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-18 of patent US11937983B2 (U.S. Application 18/141,450). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1: US11937983B2 teaches, An apparatus, comprising: (Claim 1, “ An apparatus, comprising:”)
a processing device in operative communication with an ultrasound device, the processing device configured to: (Claim 1, “a processing device in operative communication with an ultrasound device, the processing device configured to:’)
display on a touch-sensitive display screen of the processing device: (Claim 1, “display on a touch-sensitive display screen of the processing device:’)
an ultrasound image; (claim 1, “an ultrasound image;’)
a movable measurement tool comprising an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse; and (Claim 1, “a movable measurement tool comprising an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse; and”)
an icon that maintains a fixed distance from the first vertex of the ellipse along a direction defined by the axis; and (Claim 1, “an icon that maintains a fixed distance from the first vertex of the ellipse along a direction defined by the axis; and”)
use the icon to control a rotation of the ellipse. (Claim 1, “use the icon to control a rotation of the ellipse;”)
Claim 2: US11937983B2 teaches, The apparatus of claim 1, wherein:
the processing device is configured, when using the icon to control the rotation of the ellipse, to: (Claim 1, “wherein: the processing device is configured, when using the icon to control the rotation of the ellipse, to:’)
detect a dragging movement covering a distance along and/or a distance orthogonal to the direction defined by the axis of the ellipse across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon; (Claim 1, ‘detect a dragging movement covering a distance along and/or a distance orthogonal to the direction defined by the axis of the ellipse across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon;’)
cause a display of the first vertex and the second vertex at new locations on the touch-sensitive display screen that are rotated from their previous locations based on the distance that is along and/or the distance that is orthogonal to the direction defined by the axis of the ellipse; (Claim 1, ‘cause a display of the first vertex and the second vertex at new locations on the touch-sensitive display screen that are rotated from their previous locations based on the distance that is along and/or the distance that is orthogonal to the direction defined by the axis of the ellipse; and”)
and
cause a display of the icon at a new location on the touch-sensitive display screen that is removed from the first vertex's new location by the fixed distance along the direction defined by the axis of the ellipse. (Claim 1, ‘cause a display of the icon at a new location on the touch-sensitive display screen that is removed from the first vertex's new location by the fixed distance along the direction defined by the axis of the ellipse.’)
Claim 3: US11937983B2 teaches, The apparatus of claim 1, wherein the ellipse overlays the ultrasound image. (Claim 2, “wherein the ellipse overlays the ultrasound image.’)
Claim 4: US11937983B2 teaches, The apparatus of claim 1, wherein the icon comprises a circle. (Claim 3, ‘wherein the icon comprises a circle.’)
Claim 5: US11937983B2 teaches, The apparatus of claim 1, wherein the processing device comprises a smartphone or a tablet. (Claim 4, ‘wherein the processing device comprises a smartphone or a tablet.’)
Claim 6: US11937983B2 teaches, The apparatus of claim 1, wherein the processing device is further configured to perform a measurement on the ultrasound image based on the ellipse. (Claim 5, ‘wherein the processing device is further configured to perform a measurement on the ultrasound image based on the ellipse.’)
Claim 7: US11937983B2 teaches, The apparatus of claim 6, wherein the measurement comprises a measurement of a length along a circumference of the ellipse. (Claim 6, ‘wherein the measurement comprises a measurement of a length along a circumference of the ellipse.’)
Claim 8: US11937983B2 teaches, The apparatus of claim 6, wherein the measurement comprises a measurement of an area within the ellipse. (Claim 7, ‘wherein the measurement comprises a measurement of an area within the ellipse.’)
Claim 9: US11937983B2 teaches, The apparatus of claim 1, wherein the processing device is configured to use the icon to control a length of the axis. (Claim 9, ‘wherein the processing device is configured to use the icon to control a length of the axis.’)
Claim 10: US11937983B2 teaches, An apparatus, comprising:
a processing device in operative communication with an ultrasound device, the processing device configured to: display on a touch-sensitive display screen of the processing device: an ultrasound image; and (Claim 9, ‘An apparatus, comprising: a processing device in operative communication with an ultrasound device, the processing device configured to: display on a touch-sensitive display screen of the processing device: an ultrasound image; and’)
a movable measurement tool comprising an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse; (Claim 9, ‘a movable measurement tool comprising an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse;’)
detect a dragging movement covering distance in a horizontal direction and/or a distance in a vertical direction across the touch-sensitive display screen, wherein the dragging movement begins in an interior of the ellipse or within a threshold distance of a boundary of the ellipse; and (Claim 9, ‘detect a dragging movement covering distance in a horizontal direction and/or a distance in a vertical direction across the touch-sensitive display screen, wherein the dragging movement begins in an interior of the ellipse or within a threshold distance of a boundary of the ellipse; and’)
cause a display the first vertex and the second vertex at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction. (Claim 9, ‘cause a display the first vertex and the second vertex at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction.’)
Claim 11: US11937983B2 teaches, The apparatus of claim 10, wherein the ellipse overlays the ultrasound image. (Claim 10, ‘wherein the ellipse overlays the ultrasound image.’)
Claim 12: US11937983B2 teaches, The apparatus of claim 1, wherein the processing device comprises a smartphone or a tablet. (Claim 11, ‘wherein the processing device comprises a smartphone or a tablet.’)
Claim 13: US11937983B2 teaches, The apparatus of claim 1, wherein the processing device is further configured to perform a measurement on the ultrasound image based on the ellipse. (Claim 12, ‘wherein the processing device is further configured to perform a measurement on the ultrasound image based on the ellipse.’)
Claim 14: US11937983B2 teaches, The apparatus of claim 13, wherein the measurement comprises a measurement of a length along a circumference of the ellipse. (Claim 13, ‘wherein the measurement comprises a measurement of a length along a circumference of the ellipse.’)
Claim 15: US11937983B2 teaches, The apparatus of claim 13, wherein the measurement comprises a measurement of an area within the ellipse. (Claim 14, ‘wherein the measurement comprises a measurement of an area within the ellipse.’)
Claim 16: US11937983B2 teaches, An apparatus, comprising:
a processing device in operative communication with an ultrasound device, the processing device configured to: display on a touch-sensitive display screen of the processing device: an ultrasound image; and (Claim 15, ‘An apparatus, comprising: a processing device in operative communication with an ultrasound device, the processing device configured to: display on a touch-sensitive display screen of the processing device: an ultrasound image; and’)
a movable measurement tool comprising a line extending between a first endpoint and a second endpoint; (Claim 15, ‘a movable measurement tool comprising a line extending between a first endpoint and a second endpoint;’)
detect a dragging movement covering a distance in the horizontal direction and/or a distance in the vertical direction across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the line; and (Claim 15, ‘detect a dragging movement covering a distance in the horizontal direction and/or a distance in the vertical direction across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the line; and’)
cause a display of the first endpoint and the second endpoint of the line at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction. (Claim 15, ‘cause a display of the first endpoint and the second endpoint of the line at new locations on the touch-sensitive display screen that are removed from their previous locations by the distance in the horizontal direction and/or the distance in the vertical direction;’)
Claim 17: US11937983B2 teaches, The apparatus of claim 16, wherein the line overlays the ultrasound image. (Claim 16, ‘wherein the line overlays the ultrasound image.’)
Claim 18: US11937983B2 teaches, The apparatus of claim 16, wherein the processing device comprises a smartphone or a tablet. (Claim 17, ‘ wherein the processing device comprises a smartphone or a tablet.’)
Claim 19: US11937983B2 teaches, The apparatus of claim 16, wherein the processing device is further configured to perform a measurement on the ultrasound image based on the line. (Claim 15, ‘perform a measurement on the ultrasound image based on the line.’)
Claim 20: US11937983B2 teaches, The apparatus of claim 19, wherein the measurement comprises a measurement of a length along the line. (Claim 18, ‘, wherein the measurement comprises a length along the line.’)
Allowable Subject Matter
Claims 1-9 are allowed over the prior arts.
The following is an examiner’s statement of reasons for allowance: the feature of an icon that maintains a fixed distance from the first vertex of the ellipse along a direction defined by the axis, in combination with the other claimed elements, are not taught or disclosed in the prior arts
While individual aspects of these features may be known in the prior arts, the prior arts do not disclose or suggest a system the performs each of these features in a coordinated manner within a single framework. Although the closest prior arts below disclose aspects of these features individually, the closest prior art below do not disclose a system that integrates these elements in the manner claimed. In addition, the closest prior art below, taken collectively, fail to provide the necessary motivation or teaching to combine these features as claimed.
The prior arts relevant to the claimed invention are cited below:
Lee et al (US 2016/0157825 A1) discloses, an icon, adjusting portions 1211, 1213, in FIG. 12B that is at a fixed distance from the first vertex of the ellipse and used to rotate the ellipse. However, Lee does not discloses that the adjusting portions are maintained at a fixed distance while rotating the ellipse; in addition to, causing the display of the adjusting portions at a new location on the touch-sensitive screen that is removed from the first vertex’s new location by the fixed distance along the direction defined by the axis in combination with the other claim limitations.
Lee et al (US 2017/0090675 A1) discloses, detect a dragging movement covering a distance along a direction defined by the axis of the ellipse across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon; display the icon at a new location on the touch-sensitive display screen that is removed from the first vertex's new location along the direction defined by the axis of the ellipse; and the processing device is further configured to perform a measurement on the ultrasound image based on the ellipse. The icons on the display screen of Lee at FIG. 8A-8B do not show the icon maintained at a fixed distance from the first vertex of an ellipse along a direction defined by the axis. Although the icons may move in the direction of the arrow thereby creating a first vertex location, there is no explicit disclosure that the icon is fixed from that first vertex. In fact, Lee discloses touching the vertex directly, rather than maintaining any distance at all, let along the claimed fixed distance in combination with the other claim limitations.
Sarojam et al (US 2017/0124700 A1) discloses, the processing device is configured, when using the icon to control the length of the axis of the ellipse that includes the first vertex, to: along a direction defined by the axis of the ellipse across the touch-sensitive display screen, wherein the dragging movement begins on or within a threshold distance of the icon; display the first vertex at a new location on the touch-sensitive display screen that is removed from the first vertex's previous location by the distance along the direction defined by the axis of the ellipse; display the second vertex at a new location on the touch-sensitive display screen that is removed from the second vertex's previous location by the distance along the direction defined by the axis of the ellipse; The processing device is further configured to perform a measurement on the ultrasound image based on the ellipse. Sarojam fails to bridge the gap with Southard, the calipers of Sarojam are not seen as an icon that specifically maintains a fixed distance from a portion of the measurement tool and these calipers do not maintain a fixed distance from the first vertex of the ellipse along a direction defined by the axis while the icons are adjusted and relocated so that the ellipse can better fit the anatomy in an ultrasound image.
Kobayashi et al (US 20170296149 A1) discloses, an apparatus comprising a processing device in operative communication with an ultrasound device, the processing device configured to display a screen on the processing device, and ultrasound image, and a movable measurement tool comprising an ellipse having an axis that is either a major axis or a minor axis of the ellipse, wherein the axis extends between a first vertex and a second vertex of the ellipse; and an icon. Kobayashi does not disclose that the icon is maintained at a fixed distance from the first vertex of the ellipse along a direction defined by the axis and use that icon to control a rotation of the ellipse. The elements displayed along the axis are only the markers 60 and 64 which represent the vertices themselves not as an icon that maintains a fixed distance from the first vertex of the ellipse along a direction defined by the axis.
Southard et al (US 2018/0015256 A1) discloses, modifying an measurement tool including an ellipse and using an icon to modify the measurement tool to control a length of an axis of the ellipse that includes the first vertex. Southard further discloses detecting a dragging movement covering the distance and displaying the dragging movement on a display. However, Southard fails to explicitly recite that the first icon maintains a fixed distance from the visible representation of the major axis and a second icon that maintains a fixed distance from the visible representation of the minor axes.
Watanabe (JP 2012019824 A) discloses, the distance between the caliper 120 and the touch button 130 in FIG. 1 may also be changed according to the preference of the operator in paragraph [0029], wherein the touch button 130 move the caliper 120 corresponding thereto, Abstract. Watanabe does disclose icon able to modify the measurement tool comprising the icon to control a position of the first endpoint of the line while displaying the touch button 130 at a new location that is removed from the new location along the line defined by the axis. However, the description provided by Watanabe does not describe or suggest that touch button 130 maintains a fixed distance from the first endpoint of the line along a direction defined by the line while at a new location that is removed from the new location by the fixed distance along the direction defined by the line in combination with the other claim limitations.
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 Nicholas Robinson whose telephone number is (571)272-9019. The examiner can normally be reached M-F 9:00AM-5:00PM EST.
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/N.A.R./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798
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