DETAILED ACTION
This Office action is responsive to communications filed on 08/26/2026. Claims 1 & 4 have been amended. Presently, Claims 1-4 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 .
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. In other words, this application & its parent does not have the English translation of the foreign patent documents and non-patent literatures. Provide English translation of each cited foreign patent document and each non-patent literature.
Claim Objections
The following claims are objected to because of the following informalities and should recite:
Claim 1: “display [[a]]the calculated size of the wound region on the monitor,”
Response to Arguments
Previous rejections under 35 USC § 112(a) are withdrawn in view of the amendments filed on 08/26/2026.
Previous rejections under 35 USC § 112(b) are withdrawn in view of the amendments filed on 08/26/2026.
Previous non-statutory Double Rejection are withdrawn in view of the amendments filed on 08/26/2026.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-4 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-4 of prior U.S. Patent No. US12521092B2 (U.S. Application 18/171,026). This is a statutory double patenting rejection.
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 a 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, ‘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:”)
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 2, ‘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 size of the ultrasound probe with the measured pixel length of the extracted ultrasound probe and the detected contour shape determined by: (Claim 3, ‘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.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/N.A.R./Examiner, Art Unit 3798
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