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 .
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 89-108 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 claim 89, the claim recites the limitation “the match filter” in line 15. There is insufficient antecedent basis for this limitation in the claim. No match filter has previously been set forth. Instead, a receive section has been set forth as performing match filtering. For examination purposes, this claim will be interpreted as reciting “wherein the receive operation in operation: match filters, with a match filter, a plurality” in line 13.
Regarding claim 96, the claim recites the limitation “a variation in the pulse repetition frequency”. There is unclear antecedent basis for this limitation in the claim. It is unclear how this variation relates to the variation set forth in claim 89. For examination purposes, this claim will be interpreted as referring to the variation set forth in claim 89.
Regarding claim 96, the claim recites the limitation “capture of one Doppler frame”. There is unclear antecedent basis for this limitation in the claim. It is unclear how this variation relates to the capture processor set forth in claim 89. For examination purposes, this claim will be interpreted as referring to the capture process set forth in claim 89.
Regarding claim 101, the claim recites the limitation “the match filter” in line 11. There is insufficient antecedent basis for this limitation in the claim. No match filter has previously been set forth. Instead, a match filtering step has been set forth. For examination purposes, this claim will be interpreted as reciting “match filtering, with a match filter, a plurality” in line 9.
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.
Claims 89-108 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 12446862. Although the claims at issue are not identical, they are not patentably distinct from each other because:
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US12446862
89. An ultrasound system, the ultrasound system comprising:
1. A method of operation in an ultrasound system, the method comprising:
at least one ultrasound transducer; and
a control system including at least one drive circuit and a receive section, wherein the at least one drive circuit in operation:
driving at least one ultrasound transducer based at least in part on the clock signal with the introduced variation to cause the at least one ultrasound transducer to emit a plurality of ultrasound signals having at least one variation therebetween toward a bodily tissue in which a marker has been implanted;
generates a drive clock signal having a nominal pulse repetition frequency;
generating a clock signal having a nominal frequency;
introduces a variation in a pulse repetition frequency over a plurality of pulses of ultrasound signal emitted during a Doppler mode of operation during capture of one Doppler frame of ultrasound data; and
introducing a variation from the nominal frequency into the clock signal;
13. The method of claim 1 wherein introducing the variation from the nominal frequency into the drive signal includes introducing the variation from the nominal frequency into the drive signal over a plurality of pulses emitted during a Doppler mode of operation during capture of one Doppler frame of ultrasound data to intentionally introduce the twinkling artifact that would typically be considered undesirable noise.
causes the at least one ultrasound transducer to emit the plurality of pulses of ultrasound signal with the introduced variation during capture of the one Doppler frame of ultrasound data, and
driving at least one ultrasound transducer based at least in part on the clock signal with the introduced variation to cause the at least one ultrasound transducer to emit a plurality of ultrasound signals having at least one variation therebetween toward a bodily tissue in which a marker has been implanted;
wherein the receive section in operation:
match filters a plurality of return signals received via the at least one ultrasound transducer and returned from a bodily tissue in which a marker has been implanted;
receiving a plurality of return signals returned from the bodily tissue in which the marker has been implanted via the at least one ultrasound transducer;
match filtering the received return signals;
quadrature processes an output of the match filter; and
quadrature processing an output of the match filtering; and
detects in the processed return signals a twinkling artifact resulting from a resonance of at least a portion of the marker induced by an interaction of the plurality of ultrasound signals with the variation therebetween with at least a portion of the marker that is ultrasound reflective.
detecting in the processed return signals a twinkling artifact resulting from a resonance of at least a portion of the marker induced by an interaction of the plurality of ultrasound signals with the variation therebetween with at least a portion of the marker that is ultrasound reflective and which has an irregular surface.
90. The ultrasound system of claim 89 wherein the variation in the pulse repetition frequency is introduced into the drive clock signal that has been generated by a master oscillator.
2. The method of claim 1 wherein introducing the variation into the clock signal is in addition to any variation resulting from clock jitter, if any, of a master oscillator.
91. The ultrasound system of claim 90 wherein the variation in pulse repetition frequency introduced into the drive clock signal that has been generated by the master oscillator is in addition to any variation resulting from clock jitter of the master oscillator.
2. The method of claim 1 wherein introducing the variation into the clock signal is in addition to any variation resulting from clock jitter, if any, of a master oscillator.
92. The ultrasound system of claim 90 wherein to introduce the variation in the pulse repetition frequency into the clock signal, the control system introduces a defined variation into the clock signal that has been generated by the master oscillator.
2. The method of claim 1 wherein introducing the variation into the clock signal is in addition to any variation resulting from clock jitter, if any, of a master oscillator.
93. The ultrasound system of claim 92 wherein to introduce the defined variation in the pulse repetition frequency into the clock signal, the control system introduces the defined variation in at least one of: frequency, time or phase that changes over time in a defined pattern into the clock signal.
3. The method of claim 2 wherein introducing the variation into the clock signal includes introducing a defined variation in pulse repetition frequency into the clock signal.
4. The method of claim 3 wherein introducing the defined variation into the clock signal includes introducing the defined variation in at least one of: frequency, time or phase that changes over time in a defined pattern into the clock signal.
94. The ultrasound system of claim 90 wherein to introduce the variation in the pulse repetition frequency into the clock signal, the control system introduces a random variation in at least one of: frequency, time or phase into the clock signal.
5. The method of claim 2 wherein introducing the variation into the clock signal includes introducing a random variation in at least one of frequency, time of phase into the clock signal.
95. The ultrasound system of claim 90 wherein to introduce the variation in the pulse repetition frequency into the clock signal, a delay circuit introduces a delay into the clock signal.
6. The method of claim 2 wherein introducing the variation into the clock signal includes introducing a delay into the clock signal by a delay circuit.
96. The ultrasound system of claim 89 wherein to introduce a variation in the pulse repetition frequency over the plurality of pulses of ultrasound signal emitted during the Doppler mode of operation during capture of one Doppler frame of ultrasound data, the at least one drive circuit introduces the variation that is at least one order of magnitude less than the nominal frequency of the clock signal.
7. The method of claim 1 wherein introducing the variation into the clock signal includes introducing the variation that is at least one order of magnitude less than the nominal frequency of the clock signal.
97. The ultrasound system of claim 89 wherein to introduce a variation in the pulse repetition frequency over the plurality of pulses of ultrasound signal emitted during the Doppler mode of operation during capture of one Doppler frame of ultrasound data, the at least one drive circuit introduces the variation that is at least two orders of magnitude less than the nominal frequency of the clock signal.
8. The method of claim 1 wherein introducing the variation into the clock signal includes introducing the variation that is at least two orders of magnitude less than the nominal frequency of the clock signal.
98. The ultrasound system of claim 89 wherein to quadrature process the output of the match filter, the receive section applies the output of the match filter to a set of mixers.
9. The method of claim 1 wherein quadrature processing the output of the match filtering includes quadrature sampling the output of the match filtering via a set of mixers.
99. The ultrasound system of claim 89 wherein to quadrature process the output of the match filter, the receive section phase shifts one signal path from the output of the match filter.
10. The method of claim 1 wherein quadrature processing the output of the match filtering includes phase shifting one signal path from the output of the match filtering.
100. The ultrasound system of claim 89, wherein the receive section further:
down samples an I/Q signal where the I/Q signal provides an in-phase representation and a quadrature representation of the match filtered return signals; and
computes a phase of a down sampled I/Q signal for each of a number of sample points.
11. The method of claim 1, further comprising:
down sampling an I/Q signal where the I/Q signal provides an in-phase representation and a quadrature representation of the match filtered return signals; and
computing a phase of a down sampled I/Q signal is computed for each of a number of sample points.
101. The ultrasound system of claim 89, wherein the receive section further:
down samples an I/Q signal where the I/Q signal provides an in-phase representation and a quadrature representation of the match filtered return signals; and
computes an amplitude of a down sampled I/Q signal for each of a number of sample points.
12. The method of claim 1, further comprising:
down sampling an I/Q signal where the I/Q signal provides an in-phase representation and a quadrature representation of the match filtered return signals; and
computing an amplitude of a down sampled I/Q signal is computed for each of a number of sample points.
102. A method of operation in an ultrasound system, the method comprising:
1. A method of operation in an ultrasound system, the method comprising:
generating a drive clock signal having a nominal pulse repetition frequency;
introducing a variation in a pulse repetition frequency over a plurality of pulses of ultrasound signal emitted during a Doppler mode of operation during capture of one Doppler frame of ultrasound data; and
generating a clock signal having a nominal frequency;
introducing a variation from the nominal frequency into the clock signal;
13. The method of claim 1 wherein introducing the variation from the nominal frequency into the drive signal includes introducing the variation from the nominal frequency into the drive signal over a plurality of pulses emitted during a Doppler mode of operation during capture of one Doppler frame of ultrasound data to intentionally introduce the twinkling artifact that would typically be considered undesirable noise.
causing at least one ultrasound transducer to emit the plurality of pulses of ultrasound signal with the introduced variation during capture of the one Doppler frame of ultrasound data, and
driving at least one ultrasound transducer based at least in part on the clock signal with the introduced variation to cause the at least one ultrasound transducer to emit a plurality of ultrasound signals having at least one variation therebetween toward a bodily tissue in which a marker has been implanted;
match filtering a plurality of return signals received via the at least one ultrasound transducer and returned from a bodily tissue in which a marker has been implanted;
receiving a plurality of return signals returned from the bodily tissue in which the marker has been implanted via the at least one ultrasound transducer;
match filtering the received return signals;
quadrature processing an output of the match filter; and
quadrature processing an output of the match filtering; and
detecting in the processed return signals a twinkling artifact resulting from a resonance of at least a portion of the marker induced by an interaction of the plurality of ultrasound signals with the variation therebetween with at least a portion of the marker that is ultrasound reflective.
detecting in the processed return signals a twinkling artifact resulting from a resonance of at least a portion of the marker induced by an interaction of the plurality of ultrasound signals with the variation therebetween with at least a portion of the marker that is ultrasound reflective and which has an irregular surface.
103. The method of claim 102 wherein introducing the variation in the pulse repetition frequency includes introducing the variation in the pulse repetition frequency into the drive clock signal that has been generated by a master oscillator.
2. The method of claim 1 wherein introducing the variation into the clock signal is in addition to any variation resulting from clock jitter, if any, of a master oscillator.
104. The method of claim 103 wherein the variation in pulse repetition frequency introduced into the drive clock signal that has been generated by the master oscillator is in addition to any variation resulting from clock jitter of the master oscillator.
2. The method of claim 1 wherein introducing the variation into the clock signal is in addition to any variation resulting from clock jitter, if any, of a master oscillator.
105. The method of claim 103 wherein introducing the variation in the pulse repetition frequency into the clock signal includes introducing a defined variation into the clock signal that has been generated by the master oscillator.
2. The method of claim 1 wherein introducing the variation into the clock signal is in addition to any variation resulting from clock jitter, if any, of a master oscillator.
106. The method of claim 103 wherein introducing the variation in the pulse repetition frequency into the clock signal includes introducing a defined variation in at least one of: frequency, time or phase that changes over time in a defined pattern into the clock signal.
3. The method of claim 2 wherein introducing the variation into the clock signal includes introducing a defined variation in pulse repetition frequency into the clock signal.
4. The method of claim 3 wherein introducing the defined variation into the clock signal includes introducing the defined variation in at least one of: frequency, time or phase that changes over time in a defined pattern into the clock signal.
107. The method of claim 102 wherein quadrature processing the output of the match filtering includes: i) quadrature sampling the output of the match filter, and ii) applying a phase shift to one signal path from the output of the match filtering.
10. The method of claim 1 wherein quadrature processing the output of the match filtering includes phase shifting one signal path from the output of the match filtering.
108. The method of claim 102, further comprising:
down sampling an I/Q signal where the I/Q signal provides an in-phase representation and a quadrature representation of the match filtered return signals; and
computing at least one of a phase or an amplitude of a down sampled I/Q signal for each of a number of sample points.
11. The method of claim 1, further comprising:
down sampling an I/Q signal where the I/Q signal provides an in-phase representation and a quadrature representation of the match filtered return signals; and
computing a phase of a down sampled I/Q signal is computed for each of a number of sample points.
Allowable Subject Matter
Claims 89-108 would be allowable if rewritten or amended to overcome the double patenting rejection(s), set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not disclose nor reasonably suggest the limitations set forth in the independent claims. Specifically, the prior art does not disclose introducing a variation to the clock frequency to generate a twinkle effect from an implanted ultrasound reflective marker in order to detect the implanted marker. The prior art does disclose detecting a twinkling artifact as a result of an ultrasound signal interacting with a marker as seen in Parish, but the prior art does not disclose a twinkling artifact resulting from a resonance induced by the variation in the ultrasound clock signal interacting with the marker. Similarly, the prior art discloses that variation in the clock signal also known as jitter causes twinkling artifacts which can be used to locate calcifications such as calcified lesions, gallstones, etc in the body as seen in Kim, but the prior art does not disclose using this phenomenon to detect a marker implanted in the tissue.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Parish (US20180280111) - discloses detecting a twinkling artifact of a marker due to an irregular surface of a marker interacting with ultrasound but does not disclose the twinkling being caused due to a variation in the clock signal as well
Kim et al., Color Doppler Twinkling Artifacts in Various Conditions During Abdominal and Pelvic Sonography, Journal of Ultrasound in Medicine, Volume 29, Issue 4 April 2010 Pages 621-632, htps://doi.org/10.7863/jum.2010.29.4.621 - discloses that variation in the clock signal causes twinkling artifacts which can be used to locate calcifications such as calcified lesions, gallstones, etc... in the body but does not disclose using this phenomenon to detect a marker implanted in the tissue.
Kamaya et al. Twinkling Artifact on Color Doppler Sonography: Dependence on Machine Parameters and Underlying Cause, Presented at the annual meeting of the American Roentgen Ray Society, Atlanta, April- May 2002, Volume 180, Issue 1, https://doi.org/10.2214/air.180.1.1800215 - discloses that variation in the clock signal causes twinkling artifacts
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/JOHN D LI/Primary Examiner, Art Unit 3798
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