KONINKLIJKE PHILIPS N.V.Download PDFPatent Trials and Appeals BoardDec 13, 20212021003968 (P.T.A.B. Dec. 13, 2021) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/323,180 12/30/2016 Amir Mohmmad TAHMASEBI MARAGHOOSH 2013P01828WOUS 9377 24737 7590 12/13/2021 PHILIPS INTELLECTUAL PROPERTY & STANDARDS 1600 Summer Street 5th Floor Stamford, CT 06905 EXAMINER HOFFMAN, JOANNE M ART UNIT PAPER NUMBER 3794 NOTIFICATION DATE DELIVERY MODE 12/13/2021 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): katelyn.mulroy@philips.com marianne.fox@philips.com patti.demichele@Philips.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte AMIR MOHMMAD TAHMASEBI MARAGHOOSH Appeal 2021-003968 Application 15/323,180 Technology Center 3700 ____________ Before BRUCE T. WIEDER, KENNETH G. SCHOPFER, and ROBERT J. SILVERMAN, Administrative Patent Judges. SCHOPFER, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1, 5–7, 10–12, and 15. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as Koninklijke Philips N.V. Appeal Br. 3. Appeal 2021-003968 Application 15/323,180 2 BACKGROUND The Specification states: The present invention generally relates to an ultrasound workstation serving as a primary source for generating and/or displaying ultrasound images via an ultrasound transducer. The present invention specifically relates to an ultrasound tablet interfacing with the ultrasound workstation to serve as an alternative primary source or a secondary source for generating and/or displaying the ultrasound images. Spec. 1, ll. 4–9. CLAIMS Claims 1, 7, and 12 are the independent claims on appeal. Claim 1 is illustrative of the appealed claims and recites: 1. An ultrasound system, comprising: an ultrasound transducer configured to generate ultrasound signals representative of an ultrasound imaging of an anatomical region; an ultrasound workstation configured to communicate with the ultrasound transducer to generate an ultrasound image of the anatomical region in accordance with a user interface of the ultrasound workstation; and an ultrasound tablet configured to communicate with the ultrasound workstation to display at least a portion of the ultrasound image of the anatomical region as generated by the ultrasound workstation in accordance with a user interface of the ultrasound tablet, wherein the ultrasound tablet is attachable to and detachable from the ultrasound workstation, wherein the ultrasound tablet establishes wireless communication with the ultrasound workstation responsive to being detached from the ultrasound workstation, Appeal 2021-003968 Application 15/323,180 3 wherein the ultrasound tablet establishes wired communication with the ultrasound workstation responsive to being attached to the ultrasound workstation, wherein ultrasound workstation includes a workstation central controller configured to simultaneously adjust imaging parameters of a workstation display of the ultrasound workstation and a tablet display of ultrasound table when the ultrasound tablet is attached to the ultrasound workstation, and wherein the ultrasound tablet includes a tablet central controller configured to simultaneously adjust imaging parameters of the workstation display and the tablet display when the ultrasound tablet is detached from the ultrasound workstation. Appeal Br. 20–21 (Claims App.). REJECTION The Examiner rejects claims 1, 5–7, 10–12, and 15 under 35 U.S.C. § 103 as unpatentable over Koch2 in view of Serceki.3 Final Act. 3. DISCUSSION With respect to the rejection over Koch in view of Serceki, Appellant addresses independent claims 1, 7, and 12 together. See Appeal Br. 14. We select claim 1 as representative of this group of claims, and independent claims 7 and 12 will fall with claim 1. See 37 C.F.R. 41.37(c)(1)(iv) (2020). With respect to claim 1, the Examiner finds that Koch teaches an ultrasound system including an ultrasound transducer 112; a processing unit 110 in a workstation stand; and elements 104, 108 and displays 106, 109 in communication with the processing unit. Final Act. 3 (citing Koch Figs. 1A, 1B; ¶¶ 11–15). The Examiner explains that Koch teaches that “the 2 Koch et al., US 2014/0098049 A1, pub. Apr. 10, 2014. 3 Serceki, US 7,787,014 B2, iss. Aug. 31, 2010. Appeal 2021-003968 Application 15/323,180 4 different displays and interfaces . . . are in communication with each other and the ultrasound” and that the displays can remotely communicate with the processing unit. Id. at 3–4. The Examiner relies on Serceki for showing “that elements of a system can be in a wired and wireless communication which are seen as a workstation and tablet.” Id. at 4. The Examiner further clarifies that Serceki is relied upon to the extent that Koch does “not explicitly state that there are more than one controller or if the controller is only associated with the tablet.” Ans. 7. Thus, the Examiner relies upon Serceki to the extent Koch does not teach a wired and wireless connection of the tablet with the workstation or the use of separate controllers in the tablet and workstation, both for simultaneously adjusting imaging parameters, as required by the claim. See Final Act. 4; Ans. 7–9. In other words, Serceki is relied upon “to show that a portable imaging device is able to have its own control system and send data back to the host/workstation,” which is not explicitly provided for in Koch. Ans. 8–9. The Examiner further explains that the combination has “a control or processing unit in both the workstation and portable tablet allow[ing] for two way communication in a wired or wireless connection” for use in conjunction with Koch’s teaching showing “mirroring images on two different displays via a wired or wireless connection.” Id. at 9. We agree with and adopt the Examiner’s findings and reasoning in the rejection of claim 1 as provided in the Final Action and further explained in the Answer. As discussed below, we are not persuaded of error by Appellant’s arguments. Appellant argues that “Koch clearly fails describe, teach or suggest the single controller 110 for simultaneously adjusting imaging parameters of Appeal 2021-003968 Application 15/323,180 5 both the tablet display 104 and the workstation display 108 via the user interface of the table [sic: tablet] display 104 or via the user interface of the workstation display 108.” Appeal Br. 15. In support, Appellant asserts that Koch describes that the controller 110 independently controls the imaging parameters for the tablet display 104 via the user interface of the tablet and independently controls imaging parameters of the workstation display via the user interface of the workstation. Id. In other words, Appellant asserts that Koch’s controller independently controls the tablet image parameters and the workstation image parameters. We disagree. As the Examiner explains, Koch “teaches that both displays can act as a touchscreen (user input) and receive inputs [from] a user and [be] controlled by the processing unit.” Ans. 5 (citing Koch ¶ 12). More specifically, Koch discloses that “the displays 104 and 108 can be configured to receive input from the user” and that “the processing unit 110 can be configured to adjust the display outputs 106 and 109, respectively based on touch-based input received from an operator.” Koch ¶ 12. Koch further clarifies that both displays may be touch sensitive. Id. ¶ 15. Additionally, Koch discloses that “[i]n some embodiments, for example, the display output 109 may be similar or identical to the display output 106” and in other embodiments the display outputs may be different. Id. ¶ 14. Where the display output is the same, the controller needs to simultaneously adjust the imaging parameters as they are received from the input device. And contrary to Appellant’s assertions, because Koch discloses that both the tablet display 104 and workstation display 108 may be used for input, Koch at least suggests that either the workstation or the tablet may be used for input to the controller that would simultaneously adjust the imaging Appeal 2021-003968 Application 15/323,180 6 parameters of both the tablet and workstation displays in order for the displays to be identical. Appellant also argues that Koch does not “describe, teach, or suggest” a workstation with a workstation controller and a tablet with a tablet controller and that “Serceki fails to describe, teach or suggest a modification of Koch” to include separate and distinct controllers in the workstation and tablet. Appeal Br. 16. Yet, Appellant does not appear to address the Examiner’s findings and conclusion regarding the combination proposed. To the extent that Koch does not expressly teach both a workstation with a workstation controller and a tablet with a tablet controller, the Examiner relies on Serceki to fill this gap. The Examiner explains that “Serceki was brought in to show that there can be two separate controllers in both the main workstation and the tablet and that the flow of information and control signals can go from tablet to workstation and vice versa.” Ans. 7; see also Final Act. 2. In other words, the Examiner explains that Serceki “was used to show that a portable imaging device is able to have its own control system and send data back to the host/workstation.” Ans. 8–9. The Examiner further explains that the combination shows “that having a control or processing unit in both the workstation and portable tablet allows for two way communication in a wired or wireless connection and that the main reference showed mirroring images on two different displays via a wired or wireless connection.” Id. at 9. Appellant’s argument does not identify any error in the Examiner’s findings regarding Serceki or explain how the Examiner otherwise erred in relying on Serceki, as explained in the Answer. Based on the foregoing, we are not persuaded of error in the rejection of claim 1. Accordingly, we sustain the rejection of claim 1 and claims 7 Appeal 2021-003968 Application 15/323,180 7 and 12, which fall with claim 1. Regarding the dependent claims, Appellant relies on the same arguments as those addressed above. See Appeal Br. 17– 18. Accordingly, we also sustain the rejection of claims 5, 6, 10, 11, and 15. CONCLUSION We AFFIRM the rejection of claims 1, 5–7, 10–12, and 15. DECISION SUMMARY In summary: Claim(s) Rejected 35 U.S.C. § References/Basis Affirmed Reversed 1, 5–7, 10–12, 15 103 Koch, Serceki 1, 5–7, 10–12, 15 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136 (a). See 37 C.F.R. § 1.136 (a)(l)(iv). AFFIRMED Copy with citationCopy as parenthetical citation