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 .
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The information disclosure statement filed 11/25/202 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has been considered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph 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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 & 4: recites:
“calculate[e] a size of the detected contour shape of the abnormal portion based on the comparing of the predetermined length per pixel in the ultrasound image with the detected contour shape determined by”
The claim is rejected under 35 U.S.C. 112(a) for lack of written description. The present application’s specification does not provide proper written description for calculating the size of the detected contour shape based on a “predetermined length per pixel in the ultrasound image”. Instead, the specification only describes calculating this size based on the length per pixel in the optical image, which is determine by comparing of the predetermined size of the ultrasound probe with the measured pixel length of the extracted ultrasound probe and the detected contour shape, ¶0058, ¶0068. Because the specification only supports “calculate[e] a size of the detected contour shape of the abnormal portion based on the comparing of the predetermined size of the ultrasound probe with the measured pixel length of the extracted ultrasound probe and the detected contour shape determined by”, there is no adequate written description of “calculate[e] a size of the detected contour shape of the abnormal portion based on the comparing of the predetermined length per pixel in the ultrasound image with the detected contour shape determined by”. Consequently, one of ordinary skill in the art would not deem the instant specification having sufficient detail so that they could understand how the inventor intended to achieve said aforementioned claimed feature. Since the instant specification fails to provide written description for the phrase above in claim 1 & 4, the aforementioned claims 1 & 4 fail to meet the written description requirement under 35 U.S.C. 112(a).
The dependent claims of the above rejected claims are rejected due to their dependency.
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 1-4are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Claim 1 & Claim 3: “calculate[e] a size of the detected contour shape of the abnormal portion based on the comparing of the predetermined length per pixel in the ultrasound image with the detected contour shape determined by:”, the term “the predetermined length per pixel” in the ultrasonic image, there is insufficient antecedent basis for this limitation in the claim, as required by MPEP 2173.05(e). For examination purposes, the Examiner assumes the predetermined size of the ultrasound probe. Accordingly, proper antecedent basis is required.
The dependent claims of the above rejected claims are rejected due to their dependency.
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.
Claim 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-4 of patent US12521092B2 (U.S. Application 18/171,026). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1: US12521092B2 teaches: An ultrasound diagnostic apparatus comprising: (Claim 1, “An ultrasound diagnostic apparatus comprising:”)
an ultrasound probe having a predetermined size; and (Claim 1, “an ultrasound probe having a predetermined size; and”)
a portable diagnostic apparatus main body, (Claim 1, ‘a portable diagnostic apparatus main body,’)
wherein the ultrasound probe has a sensor configured to detect positional information of the ultrasound probe, and (Claim 1, ‘wherein the ultrasound probe has a sensor configured to detect positional information of the ultrasound probe, and’)
the portable diagnostic apparatus main body includes (Claim 1, ‘the portable diagnostic apparatus main body includes’)
a monitor, (Claim 1, ‘a monitor,’)
a camera configured to capture an optical image including a wound region located on a body surface of a subject and the ultrasound probe, and (Claim 1, ‘a camera configured to capture an optical image including a wound region located on a body surface of a subject and the ultrasound probe, and’)
a processor configured to: (Claim 1, ‘a processor configured to:’)
generate a plurality of ultrasound images for the wound region by performing transmission and reception of an ultrasound beam using the ultrasound probe, (Claim 1, ‘generate a plurality of ultrasound images for the wound region by performing transmission and reception of an ultrasound beam using the ultrasound probe,’)
recognize a cross section of an abnormal portion, located inside the subject, in each of the plurality of ultrasound images by analyzing each of the plurality of ultrasound images, (Claim 1,
‘recognize a cross section of an abnormal portion, located inside the subject, in each of the plurality of ultrasound images by analyzing each of the plurality of ultrasound images,’)
extract the wound region and the ultrasound probe from the optical image, (Claim 1, ‘extract the wound region and the ultrasound probe from the optical image,’)
calculate a size of the wound region by: (Claim 1, ‘calculate a size of the wound region by:’)
calculating a length per pixel in the optical image by comparing the predetermined size of the ultrasound probe with a measured pixel length of the extracted ultrasound probe, (Claim 1, ‘calculating a length per pixel in the optical image by comparing the predetermined size of the ultrasound probe with a measured pixel length of the extracted ultrasound probe,’)
calculating a first pixel measurement line as a major axis diameter of the extracted wound region and (Claim 1, ‘calculating a first pixel measurement line as a major axis diameter of the extracted wound region and’)
calculating a second pixel measurement line as a minor axis diameter of the extracted wound region, and (Claim 1, ‘calculating a second pixel measurement line as a minor axis diameter of the extracted wound region, and’)
converting the major axis diameter and the minor axis diameter of the extracted wound region into the calculated size of the wound region, (Claim 1, ‘converting the major axis diameter and the minor axis diameter of the extracted wound region into the calculated size of the wound region,’)
display the calculated size of the wound region on the monitor, (Claim 1, display a calculated size of the wound region on the monitor,’)
detect a contour shape of the abnormal portion viewed from a body surface side of the subject, based on the positional information of the ultrasound probe detected during generating the plurality of ultrasound images and the cross section of the abnormal portion recognized from each of the plurality of ultrasound images, (Claim 1, ‘detect a contour shape of the abnormal portion viewed from a body surface side of the subject, based on the positional information of the ultrasound probe detected during generating the plurality of ultrasound images and the cross section of the abnormal portion recognized from each of the plurality of ultrasound images,’)
perform registration processing of the detected contour shape of the abnormal portion and the optical image based on the positional information of the ultrasound probe detected during generating the plurality of ultrasound images, (Claim 1, ‘perform registration processing of the detected contour shape of the abnormal portion and the optical image based on the positional information of the ultrasound probe detected during generating the plurality of ultrasound images,’)
display the detected contour shape of the abnormal portion on the monitor superimposed on the optical image, (Claim 1, ‘display the detected contour shape of the abnormal portion on the monitor superimposed on the optical image,’)
calculate a size of the detected contour shape of the abnormal portion based on the comparing of the predetermined size of the ultrasound probe with the measured pixel length of the extracted ultrasound probe and the detected contour shape determined by: (Claim 1, ‘calculating a length per pixel in the optical image by comparing the predetermined size of the ultrasound probe with a measured pixel length of the extracted ultrasound probe, [...] calculate a size of the detected contour shape of the abnormal portion based on the comparing of the predetermined length per pixel in the ultrasound image with the detected contour shape determined by:’)
calculating a third pixel measurement line as a major axis diameter of the detected contour shape and (Claim 1, ‘calculating a third pixel measurement line as a major axis diameter of the detected contour shape and’)
calculating a fourth pixel measurement line as a minor axis diameter of the detected contour shape, and (Claim 1, ‘calculating a fourth pixel measurement line as a minor axis diameter of the detected contour shape, and’)
converting the major axis diameter and the minor axis diameter of the detected contour shape into the calculated size of the detected contour shape, and (Claim 1, ‘converting the major axis diameter and the minor axis diameter of the detected contour shape into the calculated size of the detected contour shape, and’)
display the calculated size and a shape of the detected contour shape of the abnormal portion on the monitor superimposed on the optical image including the wound region, such that a user of the ultrasound diagnostic apparatus is able view the wound region on the body surface of the subject together with the abnormal portion inside the subject. (Claim 1, ‘display the calculated size and a shape of the detected contour shape of the abnormal portion on the monitor superimposed on the optical image including the wound region, such that a user of the ultrasound diagnostic apparatus is able to view the wound region on the body surface of the subject together with the abnormal portion inside the subject.’)
Claim 2: US12521092B2 teaches: The ultrasound diagnostic apparatus according to claim 1, wherein the first pixel measurement line is longer than the second pixel measurement line.
Claim 3: US12521092B2 teaches: The ultrasound diagnostic apparatus according to claim 2, wherein the second pixel measurement line is orthogonal to the first pixel measurement line. (Claim 4, ‘The ultrasound diagnostic apparatus according to claim 2, wherein the second pixel measurement line is orthogonal to the first pixel measurement line.’)
Claim 4: US12521092B2 teaches: A control method of an ultrasound diagnostic apparatus, the control method comprising: (Claim 3, ‘A control method of an ultrasound diagnostic apparatus, the control method comprising:’)
capturing an optical image including a wound region located on a body surface of a subject and an ultrasound probe having a predetermined size; (Claim 3, ‘capturing an optical image including a wound region located on a body surface of a subject and an ultrasound probe having a predetermined size;’)
generating a plurality of ultrasound images for the wound region by performing transmission and reception of an ultrasound beam using the ultrasound probe; (Claim 3, ‘generating a plurality of ultrasound images for the wound region by performing transmission and reception of an ultrasound beam using the ultrasound probe;’)
detecting positional information of the ultrasound probe during generating the plurality of ultrasound images by using a sensor; (Claim 3, ‘detecting positional information of the ultrasound probe during generating the plurality of ultrasound images by using a sensor;’)
recognizing a cross section of an abnormal portion, located inside the subject, in each of the plurality of ultrasound images by analyzing each of the plurality of ultrasound images; (Claim 3, ‘recognizing a cross section of an abnormal portion, located inside the subject, in each of the plurality of ultrasound images by analyzing each of the plurality of ultrasound images;’)
displaying the optical image and the plurality of ultrasound images; (Claim 3, ‘displaying the optical image and the plurality of ultrasound images;’
extracting the wound region and the ultrasound probe from the optical image; (Claim 3, ‘extracting the wound region and the ultrasound probe from the optical image;’)
calculating a size of the wound region by: (Claim 3, ‘calculating a size of the wound region by:’)
calculating a length per pixel in the optical image by comparing the predetermined size of the ultrasound probe with a measured pixel length of the extracted ultrasound probe, (Claim 3, ‘calculating a length per pixel in the optical image by comparing the predetermined size of the ultrasound probe with a measured pixel length of the extracted ultrasound probe,’)
calculating a first pixel measurement line as a major axis diameter of the extracted wound region and calculating a second pixel measurement line as a minor axis diameter of the extracted wound region, and (Claim 3, ‘calculating a first pixel measurement line as a major axis diameter of the extracted wound region and calculating a second pixel measurement line as a minor axis diameter of the extracted wound region, and’)
converting the major axis diameter and the minor axis diameter of the extracted wound region into the calculated size of the wound region, (Claim 3, ‘converting the major axis diameter and the minor axis diameter of the extracted wound region into the calculated size of the wound region,’)
displaying the calculated size of the wound region on a monitor; (Claim 3, ‘displaying the calculated size of the wound region on a monitor;’)
detecting a contour shape of the abnormal portion viewed from a body surface side of the subject, based on the positional information of the ultrasound probe detected during generating the plurality of ultrasound images and the cross section of the abnormal portion recognized from each of the plurality of ultrasound images; (Claim 3, ‘detecting a contour shape of the abnormal portion viewed from a body surface side of the subject, based on the positional information of the ultrasound probe detected during generating the plurality of ultrasound images and the cross section of the abnormal portion recognized from each of the plurality of ultrasound images;’)
performing registration processing of the detected contour shape of the abnormal portion and the optical image based on the positional information of the ultrasound probe detected during generating the plurality of ultrasound images; (Claim 3, ‘performing registration processing of the detected contour shape of the abnormal portion and the optical image based on the positional information of the ultrasound probe detected during generating the plurality of ultrasound images;’)
displaying the detected contour shape of the abnormal portion on the monitor superimposed on the optical image; (Claim 3, ‘displaying the detected contour shape of the abnormal portion on the monitor superimposed on the optical image;’)
calculating a size of the detected contour shape of the abnormal portion based on the comparing of the predetermined length per pixel in the ultrasound image with the detected contour shape determined by: (Claim 3, ‘calculating a length per pixel in the optical image by comparing the predetermined size of the ultrasound probe with a measured pixel length of the extracted ultrasound probe, [...] calculating a size of the detected contour shape of the abnormal portion based on the comparing of the predetermined size of the ultrasound probe with the measured pixel length of the extracted ultrasound probe and the detected contour shape determined by:’)
calculating a third pixel measurement line as a major axis diameter of the detected contour shape and calculating a fourth pixel measurement line as a minor axis diameter of the detected contour shape, and (Claim 3, ‘calculating a third pixel measurement line as a major axis diameter of the detected contour shape and calculating a fourth pixel measurement line as a minor axis diameter of the detected contour shape, and’)
converting the major axis diameter and the minor axis diameter of the detected contour shape into the calculated size of the detected contour shape, and (Claim 3, ‘converting the major axis diameter and the minor axis diameter of the detected contour shape into the calculated size of the detected contour shape, and’)
displaying the calculated size and shape of the detected contour shape of the abnormal portion on the monitor superimposed on the optical image including the wound region, such that a user of the ultrasound diagnostic apparatus is able to view the wound region on the body surface of the subject together with the abnormal portion inside the subject. (Claim 3, ‘displaying the calculated size and shape of the detected contour shape of the abnormal portion on the monitor superimposed on the optical image including the wound region, such that a user of the ultrasound diagnostic apparatus is able view the wound region on the body surface of the subject together with the abnormal portion inside the subject.’)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gurcan et al (US 2016/0284084 A1) discloses, a ultrasound diagnostic apparatus for monitoring the size, area, or boundary of wound images.
Pelissier et al (US 2020/0268344 A1) discloses, an ultrasound diagnostic apparatus configured to detect positional information of the probe & generate ultrasound images.
Okamura et al (US 2011/0184291 A1) discloses, determining cross sectional abnormal portion in each of plurality of ultrasound images by analyzing each image and detecting a contour shape of the abnormal portion based on the cross-section of the abnormal portion in each of the ultrasound images.
Murakami (JP 2015136563 A) discloses, detecting contour shapes based on positional information of the probe during ultrasound image generation.
Nakamura et al (US 2014/0187936) discloses, ultrasound imaging involving displaying of contour shapes of abnormal portions on a monitor being superimposed on optical images.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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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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