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 .
Response to Arguments
Regarding claim interpretation
Examiner notes that the claim interpretations of claim 1 regarding “in response to determining…” have not been addressed by applicant’s arguments nor amendments and are maintained as the claim interpretation remains applicable despite other amendments to the claims.
Regarding 35 U.S.C. 112
Examiner notes that the previously set forth 112(b) rejections are withdrawn in view of the amendments to the claims, however, examiner notes New 112(b) rejections necessitated by amendment and upon further consideration.
Regarding prior art
Applicant's arguments filed 06/08/2026 have been fully considered but they are not persuasive.
For example, applicant argues “In this step, there is no comparison between the frame rate ratio and a threshold. The frame-rate between the main-volume and the sub-volume are set by the user input” and “even if the possible sub-volume to main-volume rate relationship ranges from 1 to… 4 , this sub-volume to main volume rate relationship is achieved by adjusting M and N, rather than a ratio of a current frame rate of an effective imaging region of the region of interest to a current frame rate of the global imaging region in an initial image, let alone any comparison with a threshold” and “in addition, in Henderson, as the above sub-volume to main-volume frame rate varies, there is no possibility of comparison with a specific threshold – whichever preset value is selected, the system will operate accordingly, without any “threshold” serving as a decision boundary” (REMARKS pg. 6-7). Examiner respectfully disagrees in that first it is noted that the claims as currently amended do not specifically recite comparing the ratio to the threshold, but rather require a determination of whether such a ratio is below the threshold. Therefore any arguments that the system/method of Henderson does not compare to a threshold is not found persuasive. Furthermore, it is noted that Henderson teaches such a determination in its broadest reasonable interpretation. For example, it is noted that upon setting of the relationship between the frame-rate between the main-volume and the sub-volume i.e. to a different or same relationship between the volume and sub-volume that the ratio the system must determine whether the ratio needs to be changed from its current configuration in order to determine whether M x N adjustments are required. Furthermore, Col. 15 lines 57-61 discloses that the controller 24 is configured to set the frame rates, such as finding a minimum product of N*M where M>N where a target frame rate occurs, thus it is noted that finding such a minimum product for a target frame rate necessarily requires that a determination of whether the target frame rate is met where the target frame rate is considered the threshold. In other words, the system must compare the frame rate of N*M to the target frame rate in order to find the correct minimum product to achieve such a target frame rate and would therefore necessarily include any comparison of the current frame rate (i.e. current N*M) to the desired or target frame rate (i.e. threshold) in order to “find” such a frame rate which meets the target frame rate. For at least these reasons, applicant’s arguments against the teachings of Henderson are not found persuasive.
Claim Interpretation
Claim 1 recites the limitations “in response to determining that the ratio is not less than the threshold”. Examiner notes that the limitation is contingent on the condition of determining that the relationship data satisfies the condition and determining that the relationship data does not satisfy the condition, respectively. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met (See MPEP 2111). Thus it is interpreted that the prior art need only teach determining whether the ratio is less than a threshold, but need not teach method steps performed in response to determining that the ratio is not less than the threshold (e.g. if the prior art method teaches steps performed in response to determining that the ratio is less than the threshold). Examiner recommends amending the claims to positively recite determining that the ratio is not less than the threshold in order to avoid such contingent language in the claims.
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 1-4, 6, 26, 35-36, 39-42, and 53-56 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.
Claims 1 and 26 recite the limitation “determine/determining whether enhancing the effective imaging region causes an increased count of transmission times or a lengthened transmission time duration by determining whether the ratio is less than a threshold”. The limitation is unclear as to what is meant by determining whether enhancing the effective imaging region causes an increased count of transmission times or a lengthened transmission time duration. In other words, the metes and bounds of what enhancing the effective imaging region entails and how it would or would not cause an increased count of transmission times or a lengthened transmission time duration. In other words, it is unclear what about enhancing an effective imaging region would cause such increased count or lengthened time and what the increased count of transmission times or a lengthened transmission time duration is with respect to and how one could enhance the effective imaging region without causing such an increased count or lengthened time duration . For examination purposes, it has been interpreted that the method/processor determines whether the ratio is less than a threshold, however, clarification is required.
The term “small” in claims 1 and 26 is a relative term which renders the claim indefinite. The term “small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what the metes and bounds of an effective imaging region being small. In other words, it is unclear how small the effective imaging region is and with respect to what in order to be indicated as such. For examination purposes, it has been interpreted that any effective imaging region smaller than the global region is considered small, however, clarification is required.
Claims 1 and 26 recite the limitation “performing a synchronous operation that includes: an enhanced imaging of the region of interest”. It is unclear if the enhanced imaging of the region of interest is the same enhanced imaging of the region of interest recited previously or if this is a different enhanced imaging. In other words, it is unclear if the claim is attempting to recite performing the enhanced imaging region of which it is determined whether or not it causes an increased count or if this is a different/distinct enhanced imaging. For examination purposes, it has been interpreted to mean any enhanced imaging, however, clarification is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 26, 35-36, 39-40, 42, 53-54 and 56 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henderson et al. (US 10194888 B2), hereinafter Henderson
Regarding claims 1 and 26,
Henderson discloses method for ultrasonic imaging, implemented on a computing device having at least one processing device and at least one storage device (pg. 17 which discloses the memory 26 is a non-transitory computer readable media. The instructions for implementing the processes/methods and/or techniques discussed herein are provided on the computer-readable storage media or memories, such as a cache, buffer, RAM, removal media, hard drive or other computer readable storage media), the method comprising:
Determining a region of interest in an initial image, where the initial image includes a global imaging region, and the region of interest is in the global imaging region (Col. 6 lines 1-9 which discloses processor detects anatomy from the data of the initial scan. The data representing the volume of the patient is processed to detect the anatomy of interest. For example, the user translates and/or rotates the field of view (i.e., moves the transducer) relative to the patient to locate the anatomy. Once the anatomy is in the field of view, the processor detects the anatomy. For example, a valve is automatically detected from B-mode data representing a volume including at least a portion of a heart and the processor assigns a sub-volume around or based on the detected anatomy. And Col. 6 lines 40-53 Where the detected anatomy is the anatomy of interest, the sub-volume is positioned to encompass the anatomy of interest with a minimum margin, such as 0.5 cm. When detected, the processor defines a sub-volume around the feature or anatomy. The sub-volume has any shape, such as a cube, sphere, or other shape. The sub-volume is sized to meet the margin while including all of the anatomy of interest. The sub-volume may be sized and shaped as the anatomy of interest with no or a given margin. In other embodiments, the sub-volume is positioned based on anatomy other than the anatomy of interest, such as positioning the sub-volume for a valve based on detection of a left ventricle);
Determining a ratio of a current frame rate of an effective imaging region of the region of interest to a current frame rate of the global imaging region, wherein the effective imaging region refers to an actual imaging region including the region of interest (Col. 7 lines 37-40 which discloses the sub-volume is scanned with a greater frame rate, resolution, contrast, or combinations thereof as compared to the larger volume and Col. 7 lines 32-55 which disclose in the valve example, the scan settings for the sub-volume scan are optimized for valve imaging such as having a greater frame rate than the volume. See also col. 8 lines 45-48 disclosing yielding an effective ratio between the sub-volume frame rate and the main-volume frame rate and Col. 9 lines 5-10 disclosing that other possible sub-volume to main-volume rate relationships include 1.0, 1.6, 2.0, 2.4, 3.0, 33.2, 4.0… in the example of fig. 2 and Col. 5 lines 60-67 which discloses in other embodiments, configurability of the sub-volume and/or volume imaging is still available during the live imaging) Examiner notes that such optimization/setting of frames rates requires determining a current ratio of a frame rate);
Determining whether performing an enhanced the effective imaging region causes an increased count of transmission times or a lengthen transmission time duration by determining whether the ratio is less than a threshold(Col. 7 lines 37-40 which discloses the sub-volume is scanned with a greater frame rate, resolution, contrast, or combinations thereof as compared to the larger volume and Col. 7 lines 32-55 which disclose in the valve example, the scan settings for the sub-volume scan are optimized for valve imaging such as having a greater frame rate than the volume. Examiner notes that such setting of scan settings to include determining whether that ratio between frame rate of the effective imaging region (i.e. the sub-volume) and the frame rate of the global region (i.e. the volume) is less than a threshold (i.e. 1/1, 1.6, 2.0, 2.4, 3.0 33.2, 4.0… as disclosed in Col. 9 lines 5-10). See also col. 8 lines 45-48 disclosing yielding an effective ratio between the sub-volume frame rate and the main-volume frame rate); wherein the threshold is dynamically set according to a minimum frame rate demand in an imaging scene associated with the initial image (Col. 9 lines 5-10 that other possible sub-volume to main-volume rate relationships include 1.0, 1.6, 2.0, 2.4, 3.0, 33.2, 4.0… in the example of fig. 2 and Col. 5 lines 60-67 which discloses in other embodiments, configurability of the sub-volume and/or volume imaging is still available during the live imaging. The user may alter one or more values of scan parameters without being required or expected to alter as part of the normal workflow. Examiner thus notes the threshold (e.g. 1.0, 1.6, etc.) is dynamically set. See also Col. 9 lines 10-15 which discloses the processor finds a minimum product M*N, with M>N, such that minimum target frame rate of sub-volume is achieved. Examiner thus notes that threshold is thus dynamically set according to the minimum target frame rate of the sub-volume) wherein the ratio being not less than the threshold indicates that the effective imaging region is small (Col. 6 lines 60-66 which discloses since the transducer and/or the anatomy of interest may move relative to the patient, the sub-volume may be sized to cover any movement and/or may be altered in position (see act 40) to account for motion. To optimize frame rate and/or image quality enhancement for the sub-volume, the size is smaller than to account for likely movement. And Col. 12 lines 2-5 which discloses by tracking automatically, the sub-volume may be made smaller, allowing for more optimized imaging of the anatomy while providing the context from the larger volume. Furthermore, Examiner notes that the effective imaging region is small compared to the global imaging), and performing the enhanced imaging of the region of interest would not cause the increased count of transmission times or the lengthened transmission time duration (Examiner notes that if adjustment to increase the count of transmission times is not required i.e. the frame rate or line density for the sub-volume stays the same or is reduced) and
In response to determining that the ratio is not less than the threshold, such that enhancing the effective imaging region will not cause the increased count of transmission times or the lengthened transmission time duration (Examiner notes that in response to the ratio of the current frames being greater than the threshold (i.e. if the threshold is adjusted to be 1/1 when the current ratio is 1.6 or higher) then the effective imaging region will not cause the increased count of transmission times or the lengthened transmission time duration);
Performing a synchronous operation that includes:
an enhanced imaging of a region of interest and a non-enhanced imaging covering the global imaging region to obtain an image of the global imaging region (Col. 3 lines 23-26 which disclose the volume and sub-volume scanning may be interleaved slice-by-slice, allowing more refined trade-off of frame rate with image quality than by interleaving full volume scan with full sub-volume scan. Interleaving of sub-volume and main-volume scanning may be performed on the basis of azimuth sweeps)
and performing an image compounding operation on the enhanced image and the global image to obtain an optimized image (Col. 9 lines 23-34 which discloses the data representing the sub-volume is combined with the data representing the volume. The samples acquired by separate scanning of the sub-volume and volume are combined by a filter or processor. Where the volume scan is of parts other than the sub-volume, the combination provides a data set representing the entire volume without overlap. Where the volume scan includes the sub-volume, the data for the overlap is averaged, a maximum selected, a minimum selected, or otherwise combined for any locations represented in both data sets. The resulting data after combination represents the volume, but with enhanced information in the sub-volume)
Examiner notes that the method of Henderson is necessarily performed by a system having corresponding structure and function of claim 26.
Regarding claims 2 and 35,
Henderson further discloses further comprising:
In response to determining that the ratio is less than the threshold, such that enhancing the effective imaging region will cause the increase count of transmission times or the lengthened transmission time duration, adjusting a transmission parameter of a transmission to enhance an ultrasonic wave of the region of interest (Col. 5 lines 30-54 which disclose the user may alter or change any of the values for the volume and/or sub-volume scan. And as another example, the user selects a relative frame-rate between the main-volume (e.g., entire volume) and the sub-volume. Examiner notes that upon altering or changing the value of the volume (i.e. to a value in which the ratio is less than the threshold or in other words the frame rate of the sub-volume is less than the frame rate of the volume), that the system/method adjusts a transmission parameter (e.g. frame rate or frequency and/or line density as disclosed in Col. 4 lines 30-54).
Regarding claims 3 and 36,
Henderson further discloses wherein the transmission parameter of the transmission includes at least one of: a transmission mode, a transmission aperture parameter, a transmission focal point parameter, a transmission frequency (Col. 5 lines 30-54 which disclose the user may alter or change any of the values for the volume and/or sub-volume scan. And As another example, the user selects a relative frame-rate between the main-volume (e.g., entire volume) and the sub-volume. I Examiner notes that upon altering or changing the value of the volume (i.e. to a value in which the ratio is less than the threshold or in other words the frame rate of the sub-volume is less than the frame rate of the volume), that the system/method adjusts a transmission parameter (e.g. frame rate or frequency and/or line density as disclosed in Col. 4 lines 30-54. Where examiner notes that transmission mode, transmission aperture parameter, transmission focal point parameter are broadly recited and thus include any parameter change/value change associating with transmission, apertures, or focal point including frame rate, frequency, line density, etc.)
Regarding claims 4 and 39,
Henderson further discloses wherein the transmission mode includes at least one of: a focused transmission (Claim 10 which discloses a focus depth or transmit focus on the scan of the sub-volume)
Regarding claim 6 and 53,
Henderson further discloses wherein the determining the region of interest in the initial image includes: determining the region of interest according to at least one of an artificial intelligence automatic identification algorithm, an automatic tracking algorithm, or a touch screen and/or non-touch screen operation instruction (Col. 6 lines 10-26 which discloses The detection is automatic during the live imaging. Rather than requiring user input of a location or locations for the anatomy, the processor applies filtering, edge detection, pattern matching, model matching, or other computer assisted classification to detect the anatomy in the data. In one embodiment, a machine-learnt classifier is applied. Haar, gradient, directional, or other features are calculated from the volume data and input to the machine-learnt classifier. The machine-learnt classifier, based on learning from training data with known truth distinguishing anatomy of interest from other tissue or fluid, indicates whether the anatomy is represented by the data for the volume and where. Any machine learning may be used, such as a probabilistic boosting tree, Bayesian network, neural network, or support vector machine. Any feature or feature set may be used)
Regarding claim 40 and 54,
Henderson further discloses wherein the enhanced imaging and the non-enhanced imaging are performed using an alternate transmission mode (Col. 3 lines 23-26 which disclose the volume and sub-volume scanning may be interleaved slice-by-slice where such enhanced imaging and non-enhanced imaging is considered an alternate transmission mode in its broadest reasonable interpretation), the alternate transmission mode is performed, based on same array transmission array elements at preset time points, using an alternate transmission to obtain the enhanced image of the region of interest and the global image of the global imaging region (Col. 3 lines 23-26 which disclose the volume and sub-volume scanning may be interleaved slice-by-slice where such enhanced imaging and non-enhanced imaging is considered an alternate transmission mode which is based on same array transmission array elements at preset times in its broadest reasonable interpretation)
Regarding claims 42 and 56,
Henderson further discloses wherein the performing the image compounding operation on the enhanced image and the global image includes: performing one or more operations of weighted compounding, frequency domain compounding, and edge enhancement on the enhanced image and the global image (Col. 10 lines 15-44 disclosing weighted averaging for combining the sub-volume data and the volume data)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 41 and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Henderson in view of Van Rens et al. (US 20180306919 A1), hereinafter Van Rens.
Regarding claims 41 and 55,
Henderson teaches the elements of claim 1 as previously stated. Henderson fails to explicitly teach wherein the adjusting the transmission parameter includes: analyzing, by performing a focal point sparsity analysis, a focal point distribution in a region outside the local imaging region to determine a compensation region which meets a preset focal point distribution condition, wherein the focal point distribution in the region outside the region of interest is an arrangement of focal points in the region outside the region of interest; and performing one or more additional transmissions to perform an ultrasonic wave energy compensation on the compensation region.
Van Rens, in a similar field of endeavor involving ultrasound imaging, teaches wherein the adjusting the transmission parameter includes: analyzing, by performing a focal point sparsity analysis ([0052] which discloses the identified location of strong reflectors, for example r1 and r2 are analyzed by the interferer analyzer. Examiner notes such analysis is considered a focal point sparsity analysis in its broadest reasonable interpretation) a focal point distribution in a region outside the region of interest to determine a compensation region which meets a preset focal point distribution ([0052] which discloses the identified location of the strong reflectors, for example r1 and r2 are analyzed by the interferer analyzer and see fig. 5 depicting R1 and R2 are outside of the local imaging region (ROI 82’). Such identification of the strong reflectors is considered an analysis of a focal point distribution and the compensation region which meets a preset focal point distribution is considered the region containing the strong reflectors R1 and R2 which meets a preset focal distribution (i.e. the focal point distribution of the strong reflectors already existing thus preset)), wherein the focal point distribution in the region outside of the region of interest is an arrangement of focal points in the region outside of the region of interest (i.e. the arrangement of the strong reflectors R1 and R2)
Performing one or more additional transmissions to perform an ultrasonic wave energy compensation on compensation region ([0052] which discloses the interferer analyzer further adapts the beam steering parameters of the beams steered within the ROI, such that the effect of the grating lobes originating from the strong reflectors is mitigated. This can be done by reducing the frequency of the beams within the ROI below the threshold value).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Henderson to include adjusting a transmission parameter as taught by Van Rens in order to mitigate the effect of grating lobes originating from strong reflectors (Van Rens [0052]), thereby further enhancing the quality of the data found in the local imaging region.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROOKE L KLEIN whose telephone number is (571)270-5204. The examiner can normally be reached Mon-Fri 7:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Kozak can be reached on 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BROOKE LYN KLEIN/Primary Examiner, Art Unit 3797
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