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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/10/2025 has been entered.
Status of Claims
Claims 1 and 3-16 are pending.
All claims currently stand rejected.
Response to Arguments
Applicant’s arguments in Applicant’s responses filed 12/10/2025 with respect to the rejections of claims 1, 14, and 15 under 35 U.S.C. 102 have been fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Therefore, the claims stand rejected.
Claim Rejections - 35 USC § 102
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.
Claims 1, 4, 6-8, and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyachi, et al., US 20220022849 A1.
Regarding claim 1, Miyachi teaches an ultrasound diagnostic apparatus that generates a tomographic image of a subject by transmitting and receiving ultrasound (the abstract discloses “An ultrasound diagnostic apparatus (1) that includes a time phase search period specifying unit (16) that specifies a time phase search period in each heartbeat period on the basis of Doppler data; and a frame specifying unit (12) that specifies at least one of B-mode data of a frame with a maximum diameter of a blood vessel or B-mode data of a frame with a minimum diameter of the blood vessel in each heartbeat period by analyzing the B-mode data of a plurality of frames in the time phase search period specified by the time phase search period specifying unit (16)”), the ultrasound diagnostic apparatus comprising:
a hardware processor (processor of [0006]) that:
detects a region of a blood vessel appearing in the tomographic image ([0006] states discloses “a processor for the ultrasound diagnostic apparatus, which can easily and accurately specify at least one of B-mode data with the maximum diameter of the blood vessel or B-mode data with the minimum diameter of the blood vessel”);
calculates a diameter of the blood vessel in each of a plurality of frames obtained within a predetermined period of the tomographic image by analyzing the tomographic image ([0007] states that “a frame specifying unit that specifies at least one of the B-mode data of a frame with a maximum diameter of the blood vessel or the B-mode data of a frame with a minimum diameter of the blood vessel in each heartbeat period by analyzing the B-mode data of a plurality of frames in the time phase search period specified by the time phase search period specifying unit”);
specifies, based on the diameter of the blood vessel calculated in the each of the plurality of frames obtained within the predetermined period of the tomographic image, a frame of interest as a target to be measured from among the plurality of frames, the frame of interest corresponding to a frame obtained when the diameter of the blood vessel is maximum and/or minimum ([0012] states “the frame specifying unit can specify the B-mode data of the frame with the minimum diameter of the blood vessel on the basis of the B-mode data of the plurality of frames in the first period, and specifies the B-mode data of the frame with the maximum diameter of the blood vessel on the basis of the B-mode data of the plurality of frames in the second period, the blood vessel diameter calculation unit can calculate the minimum diameter of the blood vessel on the basis of the B-mode data of the frame with the minimum diameter of the blood vessel specified by the frame specifying unit, and calculates the maximum diameter of the blood vessel on the basis of the B-mode data of the frame with the maximum diameter of the blood vessel specified by the frame specifying unit, and the cross-sectional area calculation unit can calculate the cross-sectional area of the blood vessel using an average diameter of the blood vessel in each heartbeat period calculated from the minimum diameter of the blood vessel and the maximum diameter of the blood vessel calculated by the blood vessel diameter calculation unit”);
performs, after the frame of interest is specified, measurement on the blood vessel appearing in the frame of interest of the tomographic image, the measurement being measurement of a blood flow of the subject or a property of the blood vessel of the subject ([0009] states that “It is preferable that the ultrasound diagnostic apparatus further comprises a cross-sectional area calculation unit that calculates a cross-sectional area of the blood vessel using at least one of the maximum diameter or the minimum diameter of the blood vessel calculated by the blood vessel diameter calculation unit; a Doppler processing unit that acquires the Doppler data in each heartbeat period; a blood flow velocity calculation unit that calculates a blood flow velocity on the basis of the Doppler data acquired by the Doppler processing unit; and a blood flow rate measurement unit that measures a blood flow rate on the basis of the cross-sectional area calculated by the cross-sectional area calculation unit and the blood flow velocity calculated by the blood flow velocity calculation unit”); and
displays the frame of interest of the tomographic image at a predetermined timing ([0060] states that “The display control unit 8 performs predetermined processing on the B-mode image signal generated by the B-mode processing unit 6 and the Doppler waveform image signal generated by the Doppler processing unit 7, and causes the display device 9 to display the B-mode image and the Doppler waveform image, under the control of the device control unit 18”),
wherein in response to a measurement start instruction for performing the measurement being input by a user, the hardware processor specifies the frame of interest from among the plurality of frames obtained within the predetermined period that is before a time point at which the measurement start instruction is input ([0059] states that “The device control unit 18 controls each unit of the ultrasound diagnostic apparatus 1 on the basis of a program stored in advance in the storage unit 20 or the like and the user's input operation through the input device 19”, and [0072] states that “In a case where the frame specifying unit 12 calculates the diameter of the blood vessel in the B-mode image signal of each frame, for example, as illustrated in FIG. 9, the frame specifying unit 12 can specify positions of two points where the brightness of the B-mode image UB is higher than a certain value, on a straight line SL in a vertical direction set on the B-mode image UB by the user's input operation or the like through the input device 19, as a position of an anterior vascular wall W1 and a position of a posterior vascular wall W2, and can calculate a distance L between the specified two points on the B-mode image UB”).
Regarding claim 4, Miyachi further teaches wherein in response to specifying the frame of interest, the hardware processor displays the frame of interest of the tomographic image ([0063] states that “in a case where the user designates an appropriate position in the blood vessel region BR on the B-mode image UB through the input device 19 while watching the B-mode image UB displayed on the display device 9, the gate setting unit 10 disposes the Doppler gate DG at the position designated by the user. The Doppler gate DG set in this manner is superimposed on the B-mode image UB and is displayed on the display device 9”).
Regarding claim 6, Miyachi further teaches wherein based on the diameter of the blood vessel calculated in each of time-series frames of the tomographic image that is continuously generated, the hardware processor determines a periodic change in the diameter of the blood vessel associated with heartbeats, and specifies the frame of interest from among the plurality of frames obtained during the periodic change corresponding to one heartbeat ([0066] states that “The present inventors have found the relationship as illustrated in FIG. 7 by focusing on a time change of the blood flow velocity and a time change of the diameter of the blood vessel in the Doppler waveform image UD. Similar to the blood flow velocity, the diameter of the blood vessel is changed periodically between a minimum value D1 and a maximum value D2 according to the heartbeat period HC, but the diameter of the blood vessel has the minimum value V1 in a period including the time point T1 at which the blood flow velocity has the minimum value V1, that is, a first period FP from the time point T1 at which the blood flow velocity has the minimum value V1 to a time point T2 at which the blood flow velocity has a maximum value V2” and [0012] states that “the time phase search period specifying unit can specify the time phase search period having a first period including a time point at which the Doppler data has a minimum value in each heartbeat period and a second period including a time point at which the Doppler data has a maximum value in each heartbeat period, the frame specifying unit can specify the B-mode data of the frame with the minimum diameter of the blood vessel on the basis of the B-mode data of the plurality of frames in the first period, and specifies the B-mode data of the frame with the maximum diameter of the blood vessel on the basis of the B-mode data of the plurality of frames in the second period”).
Regarding claim 7, Miyachi further teaches wherein the hardware processor displays a temporal change in the diameter of the blood vessel calculated in each of time-series frames of the tomographic image that is continuously generated (see fig. 7 and [0063] which discloses the displaying of the information including the B-mode image).
Regarding claim 8, Miyachi further teaches wherein in a case where the plurality of frames obtained within the predetermined period include two or more candidate frames of the frame of interest in which the diameter of the blood vessel is maximum or minimum, the hardware processor displays each of the two or more candidate frames such that one of the two or more candidate frames is selectable as the frame of interest by a user operation ([0098] states that “in a case where the blood flow rate is measured on the basis of the B-mode image of the frame selected by the user because the image is clear among the B-mode images of the series of frames, the condition that the blood vessel has the minimum diameter or the condition that has the maximum diameter is different each time the blood flow rate is measured, and thus there is a problem that it is difficult to perform an accurate comparison in a case where the measurement value of the blood flow rate measured in the past and the value of the blood flow rate that is newly measured are compared for the same subject”, so in figs. 11 and 12, the displayed B-mode image and Doppler waveform image UD are the images selected from among a plurality of images, and displayed).
Regarding claim 10, Miyachi further teaches wherein the hardware processor enables a user setting to be made regarding which of a maximum-blood-vessel frame obtained when the diameter of the blood vessel is maximum, a minimum-blood-vessel frame obtained when the diameter of the blood vessel is minimum, and a set of the maximum-blood- vessel frame and the minimum-blood-vessel frame among the plurality of frames is regarded as the frame of interest which is a target to be specified by the hardware processor ([0098] states that “in a case where the blood flow rate is measured on the basis of the B-mode image of the frame selected by the user because the image is clear among the B-mode images of the series of frames, the condition that the blood vessel has the minimum diameter or the condition that has the maximum diameter is different each time the blood flow rate is measured, and thus there is a problem that it is difficult to perform an accurate comparison in a case where the measurement value of the blood flow rate measured in the past and the value of the blood flow rate that is newly measured are compared for the same subject” and at least suggests a user selection of a frame of interest from among the plurality of frames).
Regarding claim 11, Selzer further teaches wherein the hardware processor makes a target to be specified as the frame of interest settable for each of types of the measurement using the tomographic image or each of types of imaging target of the tomographic image ([0047] states that “Following image capture of a single frame, arterial diameter or IMT is measured as a two frame average. If a sequence of sequential frames are captured, the dynamic mechanical properties of the arterial wall are dynamically measured over several cardiac cycles with a computerized edge tracking, multi-frame processing methodology that measures arterial diameter and IMT in multiple sequential frames”).
Regarding claim 12, Miyachi further teaches wherein the measurement is flow volume (FV) measurement in the blood vessel of the subject or intima-media thickness (IMT) measurement in the blood vessel of the subject ([0009] states that “a blood flow velocity calculation unit that calculates a blood flow velocity on the basis of the Doppler data acquired by the Doppler processing unit; and a blood flow rate measurement unit that measures a blood flow rate on the basis of the cross-sectional area calculated by the cross-sectional area calculation unit and the blood flow velocity calculated by the blood flow velocity calculation unit”).
Regarding claim 13, Miyachi further teaches an ultrasound probe (ultrasound probe 21 fig. 1 and [0043]) that transmits the ultrasound toward the subject and receives a reflected wave echo of the ultrasound from an inside of the subject ([0044] states “The transducer array 2 of the ultrasound probe 21 illustrated in FIG. 1 has a plurality of transducers arranged in a one-dimensional or two-dimensional manner. According to a drive signal supplied from the transmission circuit 3, each of the transducers transmits an ultrasonic wave and receives an ultrasound echo from a subject to output a signal based on the ultrasound echo.”).
Regarding claim 14, Miyachi teaches a method for controlling an ultrasound diagnostic apparatus that generates a tomographic image of a subject by transmitting and receiving ultrasound ([0018] discloses that “A control method of an ultrasound diagnostic apparatus according to another aspect of the present invention is a control method of an ultrasound diagnostic apparatus in which B-mode data and Doppler data of a region including a blood vessel of a subject are continuously acquired for a predetermined period, and the control method includes specifying a time phase search period in each heartbeat period on the basis of the Doppler data; and specifying at least one of the B-mode data of a frame with a maximum diameter of the blood vessel or the B-mode data of a frame with a minimum diameter of the blood vessel in each heartbeat period by analyzing the B-mode data of a plurality of frames in the specified time phase search period”), the method comprising:
detecting a region of a blood vessel appearing in the tomographic image ([0006] states discloses “a processor for the ultrasound diagnostic apparatus, which can easily and accurately specify at least one of B-mode data with the maximum diameter of the blood vessel or B-mode data with the minimum diameter of the blood vessel”);
calculating a diameter of the blood vessel in each of a plurality of frames obtained within a predetermined period of the tomographic image by analyzing the tomographic image ([0007] states that “a frame specifying unit that specifies at least one of the B-mode data of a frame with a maximum diameter of the blood vessel or the B-mode data of a frame with a minimum diameter of the blood vessel in each heartbeat period by analyzing the B-mode data of a plurality of frames in the time phase search period specified by the time phase search period specifying unit”);
specifying, based on the diameter of the blood vessel calculated in the each of the plurality of frames obtained within the predetermined period of the tomographic image, a frame of interest as a target to be measured from among the plurality of frames, the frame of interest corresponding to a frame obtained when the diameter of the blood vessel is maximum and/or minimum ([0012] states “the frame specifying unit can specify the B-mode data of the frame with the minimum diameter of the blood vessel on the basis of the B-mode data of the plurality of frames in the first period, and specifies the B-mode data of the frame with the maximum diameter of the blood vessel on the basis of the B-mode data of the plurality of frames in the second period, the blood vessel diameter calculation unit can calculate the minimum diameter of the blood vessel on the basis of the B-mode data of the frame with the minimum diameter of the blood vessel specified by the frame specifying unit, and calculates the maximum diameter of the blood vessel on the basis of the B-mode data of the frame with the maximum diameter of the blood vessel specified by the frame specifying unit, and the cross-sectional area calculation unit can calculate the cross-sectional area of the blood vessel using an average diameter of the blood vessel in each heartbeat period calculated from the minimum diameter of the blood vessel and the maximum diameter of the blood vessel calculated by the blood vessel diameter calculation unit”);
performing, after the frame of interest is specified, measurement on the blood vessel appearing in the frame of interest of the tomographic image, the measurement being measurement of a blood flow of the subject or a property of the blood vessel of the subject ([0009] states that “It is preferable that the ultrasound diagnostic apparatus further comprises a cross-sectional area calculation unit that calculates a cross-sectional area of the blood vessel using at least one of the maximum diameter or the minimum diameter of the blood vessel calculated by the blood vessel diameter calculation unit; a Doppler processing unit that acquires the Doppler data in each heartbeat period; a blood flow velocity calculation unit that calculates a blood flow velocity on the basis of the Doppler data acquired by the Doppler processing unit; and a blood flow rate measurement unit that measures a blood flow rate on the basis of the cross-sectional area calculated by the cross-sectional area calculation unit and the blood flow velocity calculated by the blood flow velocity calculation unit”); and
displaying the frame of interest of the tomographic image at a predetermined timing ([0060] states that “The display control unit 8 performs predetermined processing on the B-mode image signal generated by the B-mode processing unit 6 and the Doppler waveform image signal generated by the Doppler processing unit 7, and causes the display device 9 to display the B-mode image and the Doppler waveform image, under the control of the device control unit 18”),
wherein in response to a measurement start instruction for performing the measurement being input by a user, the hardware processor specifies the frame of interest from among the plurality of frames obtained within the predetermined period that is before a time point at which the measurement start instruction is input ([0059] states that “The device control unit 18 controls each unit of the ultrasound diagnostic apparatus 1 on the basis of a program stored in advance in the storage unit 20 or the like and the user's input operation through the input device 19”, and [0072] states that “In a case where the frame specifying unit 12 calculates the diameter of the blood vessel in the B-mode image signal of each frame, for example, as illustrated in FIG. 9, the frame specifying unit 12 can specify positions of two points where the brightness of the B-mode image UB is higher than a certain value, on a straight line SL in a vertical direction set on the B-mode image UB by the user's input operation or the like through the input device 19, as a position of an anterior vascular wall W1 and a position of a posterior vascular wall W2, and can calculate a distance L between the specified two points on the B-mode image UB”).
Regarding claim 15, Selzer further teaches a non-transitory computer-readable recording medium storing a program for controlling an ultrasound diagnostic apparatus that generates a tomographic image of a subject by transmitting and receiving ultrasound ([0078] states that “The storage unit 20 stores an operation program and the like of the ultrasound diagnostic apparatus 1” and [0079] states that “he blood flow velocity calculation unit 17, and the device control unit 18 is configured by a central processing unit (CPU) and a control program for causing the CPU to execute various kinds of processing, but the processor 22 may be configured by using a field programmable gate array (FPGA), a digital signal processor (DSP), an application specific integrated circuit (ASIC), a graphics processing unit (GPU), or other integrated circuits (IC) or may be configured by a combination thereof”), the program causing a computer to perform:
detecting a region of a blood vessel appearing in the tomographic image ([0006] states discloses “a processor for the ultrasound diagnostic apparatus, which can easily and accurately specify at least one of B-mode data with the maximum diameter of the blood vessel or B-mode data with the minimum diameter of the blood vessel”);
calculating a diameter of the blood vessel in each of a plurality of frames obtained within a predetermined period of the tomographic image by analyzing the tomographic image ([0007] states that “a frame specifying unit that specifies at least one of the B-mode data of a frame with a maximum diameter of the blood vessel or the B-mode data of a frame with a minimum diameter of the blood vessel in each heartbeat period by analyzing the B-mode data of a plurality of frames in the time phase search period specified by the time phase search period specifying unit”);
specifying, based on the diameter of the blood vessel calculated in the each of the plurality of frames obtained within the predetermined period of the tomographic image, a frame of interest as a target to be measured from among the plurality of frames, the frame of interest corresponding to a frame obtained when the diameter of the blood vessel is maximum and/or minimum ([0012] states “the frame specifying unit can specify the B-mode data of the frame with the minimum diameter of the blood vessel on the basis of the B-mode data of the plurality of frames in the first period, and specifies the B-mode data of the frame with the maximum diameter of the blood vessel on the basis of the B-mode data of the plurality of frames in the second period, the blood vessel diameter calculation unit can calculate the minimum diameter of the blood vessel on the basis of the B-mode data of the frame with the minimum diameter of the blood vessel specified by the frame specifying unit, and calculates the maximum diameter of the blood vessel on the basis of the B-mode data of the frame with the maximum diameter of the blood vessel specified by the frame specifying unit, and the cross-sectional area calculation unit can calculate the cross-sectional area of the blood vessel using an average diameter of the blood vessel in each heartbeat period calculated from the minimum diameter of the blood vessel and the maximum diameter of the blood vessel calculated by the blood vessel diameter calculation unit”);
performing, after the frame of interest is specified, measurement on the blood vessel appearing in the frame of interest of the tomographic image, the measurement being measurement of a blood flow of the subject or a property of the blood vessel of the subject ([0009] states that “It is preferable that the ultrasound diagnostic apparatus further comprises a cross-sectional area calculation unit that calculates a cross-sectional area of the blood vessel using at least one of the maximum diameter or the minimum diameter of the blood vessel calculated by the blood vessel diameter calculation unit; a Doppler processing unit that acquires the Doppler data in each heartbeat period; a blood flow velocity calculation unit that calculates a blood flow velocity on the basis of the Doppler data acquired by the Doppler processing unit; and a blood flow rate measurement unit that measures a blood flow rate on the basis of the cross-sectional area calculated by the cross-sectional area calculation unit and the blood flow velocity calculated by the blood flow velocity calculation unit”); and
displaying the frame of interest of the tomographic image at a predetermined timing ([0060] states that “The display control unit 8 performs predetermined processing on the B-mode image signal generated by the B-mode processing unit 6 and the Doppler waveform image signal generated by the Doppler processing unit 7, and causes the display device 9 to display the B-mode image and the Doppler waveform image, under the control of the device control unit 18”),
wherein in response to a measurement start instruction for performing the measurement being input by a user, the hardware processor specifies the frame of interest from among the plurality of frames obtained within the predetermined period that is before a time point at which the measurement start instruction is input ([0059] states that “The device control unit 18 controls each unit of the ultrasound diagnostic apparatus 1 on the basis of a program stored in advance in the storage unit 20 or the like and the user's input operation through the input device 19”, and [0072] states that “In a case where the frame specifying unit 12 calculates the diameter of the blood vessel in the B-mode image signal of each frame, for example, as illustrated in FIG. 9, the frame specifying unit 12 can specify positions of two points where the brightness of the B-mode image UB is higher than a certain value, on a straight line SL in a vertical direction set on the B-mode image UB by the user's input operation or the like through the input device 19, as a position of an anterior vascular wall W1 and a position of a posterior vascular wall W2, and can calculate a distance L between the specified two points on the B-mode image UB”).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 5, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Miyachi in view of Selzer, et al., US 20040116813 A1.
Regarding claim 3, Miyachi teaches all the limitations of claim 1 above.
Miyachi fails to teach wherein in response to detecting that an imaging state of the blood vessel has become stable, the hardware processor specifies the frame of interest from among the plurality of frames obtained within the predetermined period that is before a time point at which the imaging state of the blood vessel becomes stable.
However, within the same field of endeavor, Selzer a system for obtaining accurate and reproducible images and measurements of vascular structures comprises a high resolution ultrasound system operating in B-mode and includes a high frequency transducer, the transducer developing ultrasound images in a plane oriented in accord with a major axis of the transducer. teaches wherein in response to detecting that an imaging state of the blood vessel has become stable, the hardware processor specifies the frame of interest from among the plurality of frames obtained within the predetermined period that is before a time point at which the imaging state of the blood vessel becomes stable, according to [0014]. Selzer teaches wherein in response to detecting that an imaging state of the blood vessel has become stable, the hardware processor specifies the frame of interest from among the plurality of frames obtained within the predetermined period that is before a time point at which the imaging state of the blood vessel becomes stable ([0074] states that “Current examination ultrasound frames are displayed on the other half of the split-screen display and evaluated against the reference frame in order to find the best match. The visual reference structures used to acquire the images also function to support a more reproducible match between images obtained and measured during the prior examination and those being evaluated for measurement during the current examination. Image matching during the measurement as well as the acquisition procedures reduces measurement variability and substantially improves the repeatability of arterial dimension measurements, thereby allowing effective long-term trend analysis”. Here, a match means that the image of the blood vessel in the current frame being examined is stable, since the reference structures match).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Miyachi, wherein in response to detecting that an imaging state of the blood vessel has become stable, the hardware processor specifies the frame of interest from among the plurality of frames obtained within the predetermined period that is before a time point at which the imaging state of the blood vessel becomes stable, as taught by Selzer, as such modification would provide a more accurately and cost-effectively screen individuals at risk for a cardiovascular or cerebrovascular event and to design therapies on an individual basis in the prevention and treatment of atherosclerotic disease according to [0011].
Regarding claim 5, Miyachi teaches all the limitations of claim 1 above.
Miyachi fails to teach wherein in response to specifying the frame of interest, the hardware processor causes a shift from a first screen mode of displaying a moving image of the tomographic image that is continuously generated to a second screen mode of displaying a still image of the frame of interest of the tomographic image.
However, Selzer further teaches wherein in response to specifying the frame of interest, the hardware processor causes a shift from a first screen mode of displaying a moving image of the tomographic image that is continuously generated to a second screen mode of displaying a still image of the frame of interest of the tomographic image ([0071] states “The image from the prior examination is placed on the left side of the split-screen display while the "Digitize" command implements real-time images from the videotape or transducer on the right side of the screen for comparison”, which amounts to a freezing of a frame of interest from the ultrasound video data being presented on the screen for comparison with an image from a previous examination).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Miyachi, wherein in response to specifying the frame of interest, the hardware processor causes a shift from a first screen mode of displaying a moving image of the tomographic image that is continuously generated to a second screen mode of displaying a still image of the frame of interest of the tomographic image, as taught by Selzer, as such modification would provide a more accurately and cost-effectively screen individuals at risk for a cardiovascular or cerebrovascular event and to design therapies on an individual basis in the prevention and treatment of atherosclerotic disease according to [0011].
Regarding claim 16 , Miyachi teaches all the limitations of claim 1 above.
Miyachi fails to teach wherein the hardware processor determines whether an imaging state of the blood vessel in the tomographic image is stable, and the diameter of the blood vessel is calculated after the imaging state is determined to be stable by analyzing each of each of a plurality of frames obtained within the predetermined period of the tomographic image.
However, Selzer further teaches wherein the hardware processor determines whether an imaging state of the blood vessel in the tomographic image is stable, and the diameter of the blood vessel is calculated after the imaging state is determined to be stable by analyzing each of each of a plurality of frames obtained within the predetermined period of the tomographic image (([0073] states that “Current examination ultrasound frames are displayed on the other half of the split-screen display and evaluated against the reference frame in order to find the best match. The visual reference structures used to acquire the images also function to support a more reproducible match between images obtained and measured during the prior examination and those being evaluated for measurement during the current examination. Image matching during the measurement as well as the acquisition procedures reduces measurement variability and substantially improves the repeatability of arterial dimension measurements, thereby allowing effective long-term trend analysis”. Here, a match means that the image of the blood vessel in the current frame being examined is stable, since the reference structures match.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Miyachi, wherein the hardware processor determines whether an imaging state of the blood vessel in the tomographic image is stable, and the diameter of the blood vessel is calculated after the imaging state is determined to be stable by analyzing each of each of a plurality of frames obtained within the predetermined period of the tomographic image, as taught by Selzer, as such modification would provide a more accurately and cost-effectively screen individuals at risk for a cardiovascular or cerebrovascular event and to design therapies on an individual basis in the prevention and treatment of atherosclerotic disease according to [0011].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Miyachi in view of Kim, et al., US 20160120508 A1.
Regarding claim 9, Miyachi teaches all the limitations of claim 1.
Miyachi fails to teach wherein the hardware processor displays, by a user operation, a cine bar that makes a target frame to be displayed selectable from among time-series frames of the tomographic image that is continuously generated, and adds, by a user operation, marker display indicating a position corresponding to the frame of interest to the cine bar.
However, Kim teaches an ultrasound diagnosis apparatus that includes a touch display configured to display a screen that includes the ultrasound image, and a controller configured to receive a touch input associated with the ultrasound image, and set a focus or depth of the ultrasound image to be displayed based on a touched position (abstract). Kim further discloses wherein the hardware processor (paragraph 80) displays, by a user operation (paragraph 173), a cine bar (1640 of paragraph 172) that makes a target frame to be displayed selectable from among time-series frames of the tomographic image that is continuously generated (paragraph 172 states “A cine bar 1640 is displayed on a lower end within the Freeze button 1610 during the paused state (b). The cine bar 1640 is a timeline that provides an interface for searching frames of the ultrasound image from the starting point of photographing the image to the pause point.”), and adds, by a user operation, marker (indicator 1750 of fig. 17 and paragraph 177) display indicating a position corresponding to the frame of interest to the cine bar (paragraph 177).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Miyachi, wherein the hardware processor displays, by a user operation, a cine bar that makes a target frame to be displayed selectable from among time-series frames of the tomographic image that is continuously generated, and adds, by a user operation, marker display indicating a position corresponding to the frame of interest to the cine bar, as taught by Kim, to provide easy manipulation of the displayed images and its content ([0005]-[0006]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Farouk A Bruce whose telephone number is (408)918-7603. The examiner can normally be reached Mon-Fri 8-5pm PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached on (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FAROUK A BRUCE/ Examiner, Art Unit 3797