KONINKLIJKE PHILIPS N.V.

Patent Trials and Appeals BoardAug 4, 2020

14409542 - (D) (P.T.A.B. Aug. 4, 2020)

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. 14/409,542 12/19/2014 GARY LEE ANDREWS 2012P01035WOUS 1379 24737 7590 08/04/2020 PHILIPS INTELLECTUAL PROPERTY & STANDARDS 465 Columbus Avenue Suite 340 Valhalla, NY 10595 EXAMINER SANTOS RODRIGUEZ, JOSEPH M ART UNIT PAPER NUMBER 3793 NOTIFICATION DATE DELIVERY MODE 08/04/2020 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 GARY LEE ANDREWS, VIJAY PARTHASARATHY, GARY CHENG-HOW NG, DOUGLAS ALLEN STANTON, ANDREW LEE ROBINSON, JOCHEN KRUECKER, CHRISTOPHER STEPHEN HALL, JAMES ROBERTSON JAGO, and VIJAY SHAMDASANI ____________ Appeal 2019-006853 Application 14/409,542 Technology Center 3700 ____________ Before PHILLIP J. KAUFFMAN, TARA L. HUTCHINGS, and ALYSSA A. FINAMORE, Administrative Patent Judges. HUTCHINGS, Administrative Patent Judge. Appeal 2019-006853 Application 14/409,542 2 DECISION ON APPEAL STATEMENT OF THE CASE Appellant1 appeals under 35 U.S.C. § 134(a) from the Examiner’s final rejection of claims 1–5 and 7–20.2 We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. CLAIMED INVENTION Appellant’s invention relates to “medical diagnostic ultrasound systems and, in particular, to ultrasonic diagnostic imaging systems [that] enable the visualization and guidance of biopsy needle insertion in real time.” Spec. 1. Claim 1, reproduced below, is the sole independent claim on appeal and is representative of the claimed subject matter: 1. An ultrasonic imaging system comprising: a 3D ultrasonic imaging probe which is capable of scanning different imaging planes of a volumetric region while the imaging probe is in a stationary position with respect to the volumetric region; a needle guide having a plurality of needle insertion positions to guide a needle for insertion into the volumetric region through a plurality of different needle insertion planes, each of the plurality of different needle insertion planes 1 We use the term “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Our decision references Appellant’s Specification (“Spec.,” filed Dec. 19, 2014), Appeal Brief (“Appeal Br.,” filed Mar. 19, 2019) and Reply Brief (“Reply Br., filed Sept. 20, 2019), and the Examiner’s Answer (“Ans.,” mailed July 23, 2019) and Final Office Action (“Final Act.,” mailed Nov. 1, 2018). Appellant identifies Koninklijke Philips N.V. as the real party in interest. Appeal Br. 3. 2 The Examiner indicated that claim 6 contains allowable subject matter. Final Act. 14. Appeal 2019-006853 Application 14/409,542 3 corresponding to one of the different imaging planes, wherein the needle guide is configured to produce a plane identification signal responsive to insertion of the needle at a given one of the plurality of needle insertion positions, the plane identification signal identifying a needle insertion plane corresponding to the given one of the plurality of needle insertion positions; and an ultrasound system coupled to the probe and configured to produce, responsive to the plane identification signal, a 2D image at a selected one of a plurality of different imaging planes of the volumetric region, wherein the selected one of the plurality of different imaging planes corresponds to the needle insertion plane identified by the plane identification signal. REJECTIONS3 Claims 1, 2, 10, 11, 14–17, 19, and 20 are rejected under 35 U.S.C. § 103(a) as unpatentable over Imling (US 6,203,499 B1, iss. Mar. 20, 2001), Miller (US 5,758,650, iss. June 2, 1998), and Pelissier (US 2010/0298704 A1, pub. Nov. 25, 2010). Claims 3, 4, and 7–9 are rejected under 35 U.S.C. § 103(a) as unpatentable over Imling, Miller, Pelissier, and Solar (US 2006/0122628 A1, pub. June 8, 2006). Claim 5 is rejected under 35 U.S.C. § 103(a) as unpatentable over Imling, Miller, Pelissier, Solar, and Williams (US 8,527,033 B1, iss. Sept. 3, 2013). Claims 12, 13, and 18 are rejected under 35 U.S.C. § 103(a) as unpatentable over Imling, Miller, Pelissier, and Paltieli (US 6,216,029 B1, iss. Apr. 10, 2001). 3 The Examiner has withdrawn the provisional nonstatutory obviousness- type double patenting rejection of claims 1, 10, and 11. Ans. 14. Appeal 2019-006853 Application 14/409,542 4 ANALYSIS Independent Claim 1 and Dependent Claims 2, 10, 11, 14–17, 19, and 20 We are persuaded by Appellant’s argument that the Examiner erred in rejecting independent claim 1 under 35 U.S.C. § 103(a), because Imling, does not teach or suggest at least “a 3D ultrasonic imaging probe which is capable of scanning different imaging planes of a volumetric region while the imaging probe is in a stationary position with respect to the volumetric region,” as recited in claim 1. Appeal Br. 5; Reply Br. 2–3. As background, Imling relates to a multiple angle needle guide that guides a needle into a scan plane of an ultrasonic diagnostic imaging system probe. Imling 1:3–6. The scan plane of a probe produced by a one- dimensional transducer array has two dimensions: an area covered by the scan plane itself, and a thickness (elevation) of the scan plane. Id. at 1:22– 25. During a biopsy, a needle is inserted within the probe’s scan plane to be detected and displayed. Id. at 1:47–57. Because it is difficult to insert the needle within the scan plane using a freestyle technique (insertion of a needle without a needle guide), needle guides are used to help insert the needle within the scan plane for detection by the transducer array. Id. at 1:58–59; 2:1–3, 26–33. Known needle guides use pre-selected paths to ensure the needle falls within the scan plane. Id. at 2:29–33. However, even with pre-selected paths, a needle may fall outside of the scan plane due to movement after insertion, causing the needle to not remain completely within the scan plane. Id. at 2:33–37. As scan plans reduce thickness for better resolution, these difficulties increase. Id. at 1:25–30, 2:33–39. In addition, known needle guides have eliminated the advantage of being able Appeal 2019-006853 Application 14/409,542 5 to select multiple angles of insertion and freely maneuver the needle and change its angle once inserted into the body being examined. Id. at 2:39–43. Imling seeks to address these concerns by providing a needle guide that consistently guides a needle into a two-dimensional scan plane. Id. at 3:40–44. Imling’s probe 12 includes a one-dimensional transducer array 16 that transmits beams in scan plane 18 having thickness 20 as one of its two dimensions. Id. at 3:64–4:1, Fig. 1 (showing transducer array 16 as a one- dimensional transducer array). Once target 26 is detected by scan plane 18, needle 22 is placed into slot 44 of needle guide 10 at a desired angle and inserted through surface 24 of a body. Id. at 4:5–11, Fig. 1. As the user inserts needle 22 through surface 24, needle 22 enters scan plane 18 within elevation dimension 20. Id. at 4:14–16. Transducer array 16 detects needle 22 and sends information back to the ultrasonic diagnostic imaging system for display of the position of needle 22 within scan plane 18. Id. at 4:16–20. Because needle 22 enters scan plane 18 and elevation dimension 20 upon initial insertion, the user will not have to re-insert the needle. Id. at 4:20–22. The Examiner finds that Imling teaches a three-dimensional (“3D”) imaging probe. Final Act. 5 (citing Imling 3:60–65). Specifically, the Examiner reasons that because Imling’s scan plane 18 has a thickness 20, the probe provides for volumetric or 3D scanning. Id.; see also Ans. 15–16. As an initial matter, as set forth above, Imling does not disclose a 3D imaging probe. Rather, Imling discloses a two-dimensional imaging probe that scans in two dimensions: the scan plane and the thickness of the scan plane. Imling 1:21–25. Further, the recited “3D ultrasonic imaging probe” of claim 1 must be “capable of scanning different imaging planes of a volumetric region while Appeal 2019-006853 Application 14/409,542 6 the imaging probe is in a stationary position with respect to the volumetric region.” In contrast, Imling’s probe 12 is not capable of scanning different imaging planes while the probe is in a stationary position. Instead, probe 12 scans the same scan plane — scan plane 18 — regardless of how a user positions needle 22 within slot 44. See, e.g., Imling, 3:64–66, 4:7–16, Fig. 1. Moreover, Imling makes clear that the thickness of the scan plane relates to the focus of the transducer, not to imaging different imaging planes. Id. at 1:28–30. The Examiner has not adequately shown how Imling’s probe 12 with one-dimensional transducer array 16 for scanning two-dimensional scan plane 18 discloses a 3D imaging probe capable of scanning different imaging planes of a volumetric region while the probe is in a stationary position with the respect to the volumetric region, as required by claim 1. The Examiner’s reliance on Miller and Pelissier does not cure this deficiency. Therefore, we do not sustain the rejection of independent claim 1 and dependent claims 2, 10, 11, 14–17, 19, and 20 under 35 U.S.C. § 103(a) as unpatentable over Imling, Miller, and Pelissier. Dependent Claims 3–5, 7–9, 12, 13, and 18 The Examiner’s rejections of claims 3–5, 7–9, 12, 13, and 18 do not cure the deficiencies set forth above with respect to independent claim 1. Therefore, we do not sustain the rejections of claims 3–5, 7–9, 12, 13, and 18 under 35 U.S.C. § 103(a). Appeal 2019-006853 Application 14/409,542 7 CONCLUSION In summary: Claim(s) Rejected 35 U.S.C. § References Affirmed Reversed 1, 2, 10, 11, 14–17, 19, 20 103(a) Imling, Miller, Pelissier 1, 2, 10, 11, 14–17, 19, 20 3, 4, 7–9 103(a) Imling, Miller, Pelissier, Solar 3, 4, 7–9 5 103(a) Imling, Miller, Pelissier, Solar, Williams 5 12, 13, 18 103(a) Imling, Miller, Pelissier, Paltieli 12, 13, 18 Overall Outcome 1–5, 7–20 REVERSED