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 .
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.
Claim(s) 1, 11-21 & 24-26 is/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 1 & 18-20
The independent claims state, “the color scale is composed of a component color scale”. This claim limitation is confusing as it is not understood how a whole element can be a component of itself. For the purpose of examination, the Examiner is interpreting the claim limitation to mean that the color scale is a component of the color scale period. Additionally it is unclear
Regarding Claim 17
Claim 17 recites, “in color phase”. It is not understood what phase is referring to. The Examiner is interpreting the claim term to mean, for example, a change from light to dark in red color.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 11-12, 17, 19-21 & 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rottger (U.S. Patent Application 2008/0232666 A1) and further in view of Yoshiara et al. (U.S. Patent Application 2012/0177265 A1).
Claim 1: Rottger teaches –
A medical image processing apparatus [an image computer] (Para 0015) [computed tomography scanner] (Para 0031), comprising:
processing circuitry [processor] (Para 0043) configured to:
determine [determined] (Abstract), for each pixel [each voxel] (Abstract) of a plurality of pixels [volume data records] (Para 0007) in a blood vessel region [visualize vessels such as arteries and/or veins] (Para 0005) of X-ray contrast image data acquired in digital subtraction angiography (DSA) image data [digital subtraction angiography] (Para 0009) acquired in the time series [temporal sequence] (Abstract), a time [one time value] (Abstract) at which a concentration [the maximum value of the signal (=MIPt: maximum intensity projection over time) is defined as the extremal value] (Para 0007) of a contrast agent [contrast agents] (Para 0007) satisfies a specific condition [time of the signal value of the voxel reaching a predetermined or given fraction of the extremal value, can be defined as well] (Para 0007) [the maximum value (as extremal value) is also known as the time-to-peak (TTP)] (Para 0007);
Examiner’s Note: The extremal value is the specific condition of TPP.
generate a color scale [TTP values in this case vary from red at an early time via blue to green at a later time] (Para 0035) that maps a respective color [TTP value is mapped onto the hue parameter in the HSV color space] (Para 0034) to each of the determined times [transfer function is applied to the previously determined time and extremal values so that each voxel of the examination volume is assigned a color value and opacity value] (Para 0008);
generate blood vessel image data [rendered image] from the determined times by assigning [appropriately assigned] a color to each pixel [In the illustrated rendered image, the temporal progression of the contrast agent diffusion, and thus the perfusion, hence become apparent, provided that the color value(s) have been appropriately assigned…a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color] (Para 0011) based on the generated color scale [The voxels are then displayed on a monitor with these color and opacity values, using a volume rendering technique] (Para 0008); and
display the generated blood vessel image data [The voxels are then displayed on a monitor] (Para 0008),
wherein the processing circuitry is further configured to shift the color scale over time [an automatic shift can also be provided for the transfer function, so that a temporally smooth shift of the transfer function is carried out] (Para 0038 and Figure 4A-4D), so that the blood vessel image data is generated as a moving image [simulated continuously] (Para 0036 and Figure 4A-4D) in which, for each pixel of the plurality of pixels, the assigned color at the pixel changes periodically [In FIG. 4a, the step in the transfer function has already been set at an early time, so that the values for all later times are masked out. Thus, FIG. 4a shows an image in which only vessels highlighted with a contrast agent at an early time can be recognized. By shifting the step in the transfer function to later times, the further highlighting can be observed (FIG. 4b/c)] (Para 0037),
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[AltContent: textbox (Exhibit 1 – Figure 15 of Yoshiara)]a color scale period over which the color scale is defined is a period from an initial time to an ending time during which the concentrations of the contrast agent change [a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color. Time values between these two extremes can then be represented by the corresponding intermediate colors] (Para 0011),
Rottger fails to teach the color scale period that repeats multiple times within the color scale. However, Yoshiara teaches –
the color scale (Figure 15, Element Hue 1, 2 & 3) is composed of a component color scale (Figure 15, Element Hue 1), having a period shorter than the color scale period (as shown in Figure 15), that repeats multiple times [same type of color is applied to each of the hue 1, the hue 2, and the hue 3] (Para 0114) within the color scale (Figure 15, Element Hue 1, 2 & 3 and See the example given in Para 0114) in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the color scale of Rottger with the repeating color scale period of Yoshiara in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116).
Claim 11/1: Rottger teaches wherein the processing circuitry is configured to generate the blood vessel image data [rendered image] (Para 0011) to have, for each pixel [each voxel] (Abstract), a brightness value [maximum value (as extremal value) is also known as the time-to-peak (TTP)] (Para 0007) according to the concentration [the maximum value of the signal (=MIPt: maximum intensity projection over time) is defined as the extremal value] (Para 0007) of the contrast agent [contrast agents] (Para 0007) at the specific condition [time of the signal value of the voxel reaching a predetermined or given fraction of the extremal value, can be defined as well] (Para 0007).
Examiner’s Note: Intensity of the signal is the brightness value.
Claim 12/1: Rottger teaches wherein the specific condition is maximum values the maximum value of the signal (=MIPt: maximum intensity projection over time) is defined as the extremal value] (Para 0007), a predetermined ratio of the maximum values, or a threshold value [time of the signal value of the voxel reaching a predetermined or given fraction of the extremal value, can be defined as well] (Para 0007).
Claim 17/1: Rottger and Yoshiara fail to teach wherein the processing circuitry is further configured to generate the color scale by assigning [appropriately assigned] a continuous change [simulated continuously] (Para 0036 and Figure 4A-4D) in color phase to the determined times [In the illustrated rendered image, the temporal progression of the contrast agent diffusion, and thus the perfusion, hence become apparent, provided that the color value(s) have been appropriately assigned…a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color] (Para 0011).
Claim 19: Rottger teaches –
A medical image processing method [an image computer] (Para 0015), comprising:
determining [determined] (Abstract), for each pixel [each voxel] (Abstract) of a plurality of pixels [volume data records] (Para 0007) in a blood vessel region [visualize vessels such as arteries and/or veins] (Para 0005) of X-ray contrast image data acquired in digital subtraction angiography image data [digital subtraction angiography] (Para 0009) acquired in the time series [temporal sequence] (Abstract), a time [temporal sequence] at which a concentration [the maximum value of the signal (=MIPt: maximum intensity projection over time) is defined as the extremal value] (Para 0007) of the contrast agent satisfies a specific condition [time of the signal value of the voxel reaching a predetermined or given fraction of the extremal value, can be defined as well] (Para 0007) [the maximum value (as extremal value) is also known as the time-to-peak (TTP)] (Para 0007);
Examiner’s Note: The extremal value is the specific condition of TPP.
generating a color scale [TTP values in this case vary from red at an early time via blue to green at a later time] (Para 0035) that maps a respective color TTP value is mapped onto the hue parameter in the HSV color space] (Para 0034) to each of the determined times [transfer function is applied to the previously determined time and extremal values so that each voxel of the examination volume is assigned a color value and opacity value] (Para 0008);
generating blood vessel image data [rendered image] from the determined times by assigning [appropriately assigned] a color to each pixel [In the illustrated rendered image, the temporal progression of the contrast agent diffusion, and thus the perfusion, hence become apparent, provided that the color value(s) have been appropriately assigned…a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color] (Para 0011) based on the generated color scale [The voxels are then displayed on a monitor with these color and opacity values, using a volume rendering technique] (Para 0008); and
displaying the generated blood vessel image data [The voxels are then displayed on a monitor] (Para 0008),
wherein the method further comprises shifting the color scale over time [an automatic shift can also be provided for the transfer function, so that a temporally smooth shift of the transfer function is carried out] (Para 0038 and Figure 4A-4D), so that the blood vessel image data is generated as a moving image [simulated continuously] (Para 0036 and Figure 4A-4D) in which, for each pixel of the plurality of pixels, the assigned color at the pixel changes periodically [In FIG. 4a, the step in the transfer function has already been set at an early time, so that the values for all later times are masked out. Thus, FIG. 4a shows an image in which only vessels highlighted with a contrast agent at an early time can be recognized. By shifting the step in the transfer function to later times, the further highlighting can be observed (FIG. 4b/c)] (Para 0037),
a color scale period over which the color scale is defined is a period from an initial time to an ending time during which the concentrations of the contrast agent change [a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color. Time values between these two extremes can then be represented by the corresponding intermediate colors] (Para 0011)
Rottger fails to teach the color scale period that repeats multiple times within the color scale. However, Yoshiara teaches –
the color scale (Figure 15, Element Hue 1, 2 & 3) is composed of a component color scale (Figure 15, Element Hue 1), having a period shorter than the color scale period (as shown in Figure 15), that repeats multiple times within the color scale [same type of color is applied to each of the hue 1, the hue 2, and the hue 3] (Para 0114) within the color scale (Figure 15, Element Hue 1, 2 & 3 and See the example given in Para 0114) in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the color scale of Rottger with the repeating color scale period of Yoshiara in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116).
Claim 20: Rottger teaches –
An X-ray diagnostic method [computed tomography scanner] (Para 0031), comprising:
acquiring X-ray contrast image data [a sequence of 3D volume data records…generated by a computed tomography scanner] (Para 0031) from an object [examined volume of the patient's body] (Para 0031);
determining [determined] (Abstract), for each pixel [each voxel] (Abstract) of a plurality of pixels [volume data records] (Para 0007) in a blood vessel region [visualize vessels such as arteries and/or veins] (Para 0005) of the X-ray contrast image data acquired in digital subtraction angiography image data [digital subtraction angiography] (Para 0009) acquired in the time series [temporal sequence] (Abstract), a time [one time value] (Abstract) at which a concentration [the maximum value of the signal (=MIPt: maximum intensity projection over time) is defined as the extremal value] (Para 0007) of the contrast agent satisfies a specific condition [time of the signal value of the voxel reaching a predetermined or given fraction of the extremal value, can be defined as well] (Para 0007) [the maximum value (as extremal value) is also known as the time-to-peak (TTP)] (Para 0007);
Examiner’s Note: The extremal value is the specific condition of TPP.
generating a color scale [TTP values in this case vary from red at an early time via blue to green at a later time] (Para 0035) that maps a respective color [TTP value is mapped onto the hue parameter in the HSV color space] (Para 0034) to each of the determined times [transfer function is applied to the previously determined time and extremal values so that each voxel of the examination volume is assigned a color value and opacity value] (Para 0008);
generating blood vessel image data [rendered image] from the determined times by assigning [appropriately assigned] a color to each pixel [In the illustrated rendered image, the temporal progression of the contrast agent diffusion, and thus the perfusion, hence become apparent, provided that the color value(s) have been appropriately assigned…a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color] (Para 0011) based on the generated color scale [The voxels are then displayed on a monitor with these color and opacity values, using a volume rendering technique] (Para 0008); and
displaying the generated blood vessel image data [The voxels are then displayed on a monitor] (Para 0008),
wherein the method further comprises shifting the color scale over time [an automatic shift can also be provided for the transfer function, so that a temporally smooth shift of the transfer function is carried out] (Para 0038 and Figure 4A-4D), so that the blood vessel image data is generated as a moving image [simulated continuously] (Para 0036 and Figure 4A-4D) in which, for each pixel of the plurality of pixels, the assigned color at the pixel changes periodically [In FIG. 4a, the step in the transfer function has already been set at an early time, so that the values for all later times are masked out. Thus, FIG. 4a shows an image in which only vessels highlighted with a contrast agent at an early time can be recognized. By shifting the step in the transfer function to later times, the further highlighting can be observed (FIG. 4b/c)] (Para 0037),
a color scale period over which the color scale is defined is a period from an initial time to an ending time during which the concentrations of the contrast agent change [a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color. Time values between these two extremes can then be represented by the corresponding intermediate colors] (Para 0011),
Rottger fails to teach the color scale period that repeats multiple times within the color scale. However, Yoshiara teaches –
the color scale (Figure 15, Element Hue 1, 2 & 3) is composed of a component color scale (Figure 15, Element Hue 1), having a period shorter than the color scale period (as shown in Figure 15), that repeats multiple times within the color scale [same type of color is applied to each of the hue 1, the hue 2, and the hue 3] (Para 0114) within the color scale (Figure 15, Element Hue 1, 2 & 3 and See the example given in Para 0114) in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the color scale of Rottger with the repeating color scale period of Yoshiara in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116).
Claim 21/1: Rottger teaches wherein the processing circuitry is further configured to generate the blood vessel image data [rendered image] for blood vessels [visualize vessels such as arteries and/or veins] (Para 0005) by assigning appropriately assigned] colors to the determined times [In the illustrated rendered image, the temporal progression of the contrast agent diffusion, and thus the perfusion, hence become apparent, provided that the color value(s) have been appropriately assigned…a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color] (Para 0011), which are corresponding arrival times of the contrast agent to the blood vessels [start time of the injection of the contrast agent].
Claim 25/1: Rottger fails to teach the color scale period is constant within the color scale. However, Yoshiara teaches wherein the period of the component color scale is constant [same hue] (Para 0062 and See Figure 8B) and does not vary [hue conversion table of a single color] (Para 0113) within the color scale period (as shown in Figure 15) in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the color scale of Rottger with the repeating color scale period of Yoshiara in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116).
Claim 26/1: Rottger teaches wherein the initial time is an acquisition time of an initial frame of the contrast image data or the DSA image data and the ending time is an acquisition time of an end frame of the contrast image data or the DSA image data [ at least one extremal value and one time value are determined for each voxel from the temporal sequence of the measured signal values for this voxel. The time value describes a time lag of the extremal value or a value derived therefrom compared to a fixed time during the recording of the volume data records. By way of example, the fixed time can be the start time of the recording of the first volume data record or the start time of the injection of the contrast agent. The time lag between the time of injection of the contrast agent and the maximum value (as extremal value) is also known as the time-to-peak (TTP). However, a different time value, such as the time lag between the time of injection and the time of the signal value of the voxel reaching a predetermined or given fraction of the extremal value, can be defined as well] (Para 0007).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rottger (U.S. Patent Application 2008/0232666 A1) and Yoshiara et al. (U.S. Patent Application 2012/0177265 A1) and further in view of Baumgart et al. (U.S. Patent Application 2009/0110252 A1).
Claim 18: Rottger teaches –
An X-ray diagnostic apparatus [computed tomography scanner] (Para 0031), comprising:
processing circuitry [an image computer] (Para 0015) configured to:
determine [determined] (Abstract), for each pixel [each voxel] (Abstract) of a plurality of pixels [volume data records] (Para 0007) in a blood vessel region [visualize vessels such as arteries and/or veins] (Para 0005) of the X-ray contrast image data acquired in digital subtraction angiography image data [digital subtraction angiography] (Para 0009) acquired in the time series [temporal sequence] (Abstract), a time [temporal sequence] at which a concentration [the maximum value of the signal (=MIPt: maximum intensity projection over time) is defined as the extremal value] (Para 0007) of the contrast agent satisfies a specific condition [time of the signal value of the voxel reaching a predetermined or given fraction of the extremal value, can be defined as well] (Para 0007) [the maximum value (as extremal value) is also known as the time-to-peak (TTP)] (Para 0007);
Examiner’s Note: The extremal value is the specific condition of TPP.
generate a color scale [TTP values in this case vary from red at an early time via blue to green at a later time] (Para 0035) that maps a respective color to each of the determined times [transfer function is applied to the previously determined time and extremal values so that each voxel of the examination volume is assigned a color value and opacity value] (Para 0008);
generate blood vessel image data [rendered image] from the determined times by assigning [appropriately assigned] a color to each pixel [In the illustrated rendered image, the temporal progression of the contrast agent diffusion, and thus the perfusion, hence become apparent, provided that the color value(s) have been appropriately assigned…a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color] (Para 0011) based on the generated color scale [The voxels are then displayed on a monitor with these color and opacity values, using a volume rendering technique] (Para 0008); and
display the generated blood vessel image data [The voxels are then displayed on a monitor] (Para 0008),
wherein the processing circuitry is further configured to shift the color scale over time [an automatic shift can also be provided for the transfer function, so that a temporally smooth shift of the transfer function is carried out] (Para 0038 and Figure 4A-4D), so that the blood vessel image data is generated as a moving image [simulated continuously] (Para 0036 and Figure 4A-4D) in which, for each pixel of the plurality of pixels, the assigned color at the pixel changes periodically [In FIG. 4a, the step in the transfer function has already been set at an early time, so that the values for all later times are masked out. Thus, FIG. 4a shows an image in which only vessels highlighted with a contrast agent at an early time can be recognized. By shifting the step in the transfer function to later times, the further highlighting can be observed (FIG. 4b/c)] (Para 0037),
a color scale period over which the color scale is defined is a period from an initial time to an ending time during which the concentrations of the contrast agent change [a small time value corresponding to an early time can, in this case, be displayed in a red color and a large time value corresponding to a later time can be displayed in a blue color. Time values between these two extremes can then be represented by the corresponding intermediate colors] (Para 0011),
Rottger fails to teach the color scale period that repeats multiple times within the color scale. However, Yoshiara teaches –
the color scale (Figure 15, Element Hue 1, 2 & 3) is composed of a component color scale (Figure 15, Element Hue 1), having a period shorter than the color scale period (as shown in Figure 15), that repeats multiple times within the color scale [same type of color is applied to each of the hue 1, the hue 2, and the hue 3] (Para 0114) within the color scale (Figure 15, Element Hue 1, 2 & 3 and See the example given in Para 0114) in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the color scale of Rottger with the repeating color scale period of Yoshiara in order to easily observe the flow of blood inside the vascular channel since the flow of the contrast agent is displayed by gradation (Para 0116).
Rottger and Yoshiara fail to teach the details of the X-ray tube and detector. However, Baumgart teaches –
an X-ray tube [x-ray tube] and an X-ray detector [a detector] (Para 0004) for acquiring at least X-ray contrast image data from an object [in that during an angiography, a stream of contrast agent (dyes) is injected into the vessels] (Para 0004) in order to enable a healthcare professional to diagnose pathology of vessels such as blockage caused by plaque build up (Para 0003)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the computed tomography scanner of Rottger and Yoshiara with the X-ray details as taught by Baumgart in order to enable a healthcare professional to diagnose pathology of vessels such as blockage caused by plaque build up (Para 0003).
Claim(s) 13-16 & 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rottger (U.S. Patent Application 2008/0232666 A1) and Yoshiara et al. (U.S. Patent Application 2012/0177265 A1) and further in view of Yoshikawa et al. (U.S. Patent Application 2013/0116557 A1).
Claim 13/1: Rottger and Yoshiara fail to teach data and sampling intervals. However, Yoshikawa teaches wherein the processing circuitry (as shown in Figure 1) is further configured to generate the blood vessel image data [inflow of the contrast agent into the focused vessel] (Para 0034) based on the determined times [image data at a predetermined time] (Claim 4), which have a data interval [3 to 5 frames of the TIC] (Para 0039) shorter than a sampling interval [6 seconds from 2 second start and 8 second end] (See Figure 5, Element 52) of the concentrations of the contrast agent [start arrow is typically set at a time immediately before or immediately after the inflow of a contrast agent to the object] (Para 0034) in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processing circuity of Rottger and Yoshiara to include the data and sampling intervals as taught by Yoshikawa in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039).
Claim 14/13/1: Rottger and Yoshiara fail to teach interpolation processing. However, Yoshikawa teaches wherein the processing circuitry (as shown in Figure 1) is further configured to obtain the determined times [image data at a predetermined time] (Claim 4) having the data interval [3 to 5 frames of the TIC] (Para 0039) shorter than the sampling interval [6 seconds from 2 second start and 8 second end] (See Figure 5, Element 52) of the concentrations of the contrast agent [start arrow is typically set at a time immediately before or immediately after the inflow of a contrast agent to the object] (Para 0034) in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039), by interpolation processing [interpolation function] (Abstract and Claim 12) in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processing circuity of Rottger and Yoshiara to include the data and sampling intervals as taught by Yoshikawa in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039).
Claim 15/1: Rottger and Yoshiara fail to teach averaging processing. However, Yoshikawa teaches wherein the processing circuitry (as shown in Figure 1) is further configured to generate the blood vessel image data [inflow of the contrast agent into the focused vessel] (Para 0034) based on the determined times [image data at a predetermined time] (Claim 4), after performing average processing in the time direction [averaging about 3 to 5 frames of the TIC] (Para 0039) in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039)
Examiner’s Note: Where the frames are taken over a time direction and averaged.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processing circuity of Rottger and Yoshiara to include the data and sampling intervals as taught by Yoshikawa in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039).
Claim 16/1: Rottger and Yoshiara fail to teach low-pass filtering. However Yoshikawa teaches wherein the processing circuitry is further configured to generate the blood vessel image data [inflow of the contrast agent into the focused vessel] (Para 0034) based on the determined times [image data at a predetermined time] (Claim 4), after low-pass filtering processing [Low-Pass Filter] (Para 0054) in at least one of spatial directions [the distribution of .DELTA.I can be smoothed spatially] (Para 0054) in order to enable checking pixels to be removed on the image as a result of the designation of the range for mapping for more precise adjustment (Para 0053)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processing circuity of Rottger and Yoshiara to include the low-pass filtering as taught by Yoshikawa in order to enable checking pixels to be removed on the image as a result of the designation of the range for mapping for more precise adjustment (Para 0053).
Claim 24/1: Rottger teaches wherein the moving image [simulated continuously] (Para 0036 and Figure 4A-4D) has blood vessels where pixel values of pixels in the blood vessels change periodically [In FIG. 4a, the step in the transfer function has already been set at an early time, so that the values for all later times are masked out. Thus, FIG. 4a shows an image in which only vessels highlighted with a contrast agent at an early time can be recognized. By shifting the step in the transfer function to later times, the further highlighting can be observed (FIG. 4b/c)] (Para 0037)
Rottger and Yoshiara fail to teach the frame interval. However Yoshikawa teaches corresponding to a frame interval of the moving image [setting the initial value as 0 second or may be frame numbers setting the initial value at 1] (Para 0034) in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processing circuity of Rottger and Yoshiara to include the frame intervals as taught by Yoshikawa in order to remove the influences of electrical noise included in the image data from the TIC (Para 0039).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 11-21 & 24-26 have been considered but are moot because the new ground of rejection does not rely on the manner in which the reference(s) was/were applied in the prior rejection of record. As a result of the extensive amendments of the Claims by the Applicant, the rejection is not based on Baumgart et al. (U.S. Patent Application 2009/0110252) as the primary reference. The rejections above are:
Claim(s) 1, 11-12, 17, 19-21 & 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rottger (U.S. Patent Application 2008/0232666 A1) and further in view of Yoshiara et al. (U.S. Patent Application 2012/0177265 A1).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rottger (U.S. Patent Application 2008/0232666 A1) and Yoshiara et al. (U.S. Patent Application 2012/0177265 A1) and further in view of Baumgart et al. (U.S. Patent Application 2009/0110252 A1).
Claim(s) 13-16 & 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rottger (U.S. Patent Application 2008/0232666 A1) and Yoshiara et al. (U.S. Patent Application 2012/0177265 A1) and further in view of Yoshikawa et al. (U.S. Patent Application 2013/0116557 A1).
The arguments within the Remarks, filed 10/10/2025, are directed to Baumgart are moot. However, the Applicant submitted arguments with respect to Yoshiara et al. (U.S. Patent Application 2012/0177265 A1). The arguments with respect to the component color scale repeats multiple times within the color scale are relevant and will be addressed.
On Page 13, the Applicant contends that Yoshiara teaches a single color scale composed of three colors, with no type of repetition. The Examiner respectfully disagrees. The Examiner notes that the claim limitation with regard to “a component color scale” is rejection under 35 USC § 112 above. Thus, the rebuttal herein as best understood by the Examiner. The Examiner contends that Yoshiara teaches different embodiments with regard to the color scale: 1) same hues [same hue] (Para 0062) and 2) different hues [different hues] (Para 0134). As shown in Figure 15 of Yoshiara, a component color scales repeated multiple times. The claim limitation is unclear as to what the color scale period is.
At the bottom of Page 13, the Applicant asserts that Yoshiara is silent with respect to the moving image. However the rejection of record above, Yoshiara is not relied on for the teaching of the moving image.
The rejection is deemed proper and is hereby maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Arakita et al. (U.S. Patent Application 2010/0067767 A1) – Arakita teaches an apparatus has a perfusion data acquisition unit generating perfusion data of an object based on X-ray detection data detected by exposing an X-ray to the object with injecting contrast medium into the object. A perfusion parameter calculating unit calculates perfusion parameters corresponding to regions of interest based on time variations in density of the medium for the regions of interest. The images correspond to the time ranges and mutually different time phases respectively, and are masked to make the regions of interest at which the parameters show values displayed.
Yoshiara et al. (U.S. Patent Application 2010/0094133 A1) – Yoshiara teaches an imaging generator acquires frames of ultrasound image data by scanning target region of patient to whom contrast agent is administered, with ultrasound waves. A color coding unit obtains a relative time when contrast against is flowed into each region with reference to determined reference time, and generates image data representing the color of each region with a hue corresponding to relative time. A display controller displays an image based on image data representing the hue, on a display.
Arai (W/O 2006/051831 A1; enclosed herein) – Arai teaches a method and a device for creating an image enabling a user to easily comprehend the information on temporal variation of a tissue by a contrast medium. A color image where at least a partial area is colored is created by repeating following steps while changing the pixel, i.e. a step for acquiring a plurality of image data of different time phases and then acquiring the luminance value of a pixel at the same position from each of the plurality of image data of different time phases, a step for acquiring one or more feature amounts representing temporal variation in luminance value by the contrast medium based on the time variation in luminance value, a step for converting one or more feature amounts into different color information, and a step for coloring the pixel so as to represent the information on temporal variation in luminance value based on one or more color information.
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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/Helene Bor/Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797