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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 17, 19-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 17, the claim limitation “generating only one frame of the strain elasticity image based on the echo data of at least two different moments acquired from the second ultrasonic echo data and the third ultrasonic echo data respectively” in lines 22-24 was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification discloses generating only one frame of strain elasticity image based on echo data of at least two different moments from second ultrasound echo data (see par. [0063] of the PG Pub. version of the specification) and generating only one frame of strain elasticity image based on echo data of at least two different moments from third ultrasound echo data (see par. [0064] of the PG Pub. version of the specification), but specification does not explicitly disclose generating only one frame of the strain elasticity image based from two different moments acquired from both the second and third ultrasound echo data.
Claim 19-20 are rejected as they depend from rejected claim 17.
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.
Claims 1, 3-10 and 17, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sonoyama (US 2019/0183461), in view of Perrey et al. (US 2018/0125460; hereinafter Perrey), and in view of Azuma (US 2010/0256494).
Regarding claim 1, Sonoyama discloses an ultrasonic diagnostic device. Sonoyama shows an elasticity imaging method (see abstract), comprising: controlling an ultrasonic probe to transmit first ultrasonic waves to a target object to generate shear waves propagating in a region of interest of the target object (see fig. 1 and 2; par. [0034], [0035]); controlling the ultrasonic probe to transmit second ultrasonic waves to the region of interest to track the shear waves propagating in the region of interest and receive echoes of the second ultrasonic waves (see abstract; par. [0014], [0034], [0035]), and acquiring second ultrasonic echo data based on the echoes of the second ultrasonic waves (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2); generating a shear wave elasticity image (see abstract; par. [0014], [0015], [0034], [0035]) and generating a strain elasticity image using the second ultrasonic echo data (abstract; see abstract; par. [0014], [0015], [0034], [0035]; and displaying the shear wave elasticity image and the strain elasticity image (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2). Sonoyama shows acquiring echo data of at least two different moments from the second ultrasonic echo data (see abstract; par. [0014], [0034], [0035]).
But, Sonoyama fails to explicitly state using the same ultrasound echo data to generate the shear wave and strain elasticity image, wherein the same second ultrasonic echo data is ultrasound echo data corresponding to the second ultrasonic waves for tracking shear waves, wherein generating the strain elasticity image based on the same second ultrasonic echo data comprises: generating only one frame of the strain elasticity image based on the echo data of at least two different moments.
Perrey discloses a methods and systems for medical imaging systems. Perrey teaches using the same ultrasound echo data to generate the shear wave and strain elasticity image (see par. [0024], [0055]), wherein the same second ultrasonic echo data is ultrasound echo data corresponding to the second ultrasonic waves for tracking shear waves (see par. [0024], [0055]), and acquiring echo data of at least two different moments from the second ultrasonic echo data (see fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of using the same ultrasound echo data to generate the shear wave and strain elasticity image, wherein the same second ultrasonic echo data is ultrasound echo data corresponding to the second ultrasonic waves for tracking shear waves in the invention of Sonoyama, as taught by Perrey, to be able to display and process ultrasound data at a fast pace and using less data storage by using the same data to create separate images.
But, Sonoyama and Perrey fail to explicitly state generating only one frame of the strain elasticity image based on the echo data of at least two different moments.
Azuma discloses ultrasonic imaging system. Azuma also teaches acquiring echo data of at least two different moments from the second ultrasonic echo data (see fig. 1). Furthermore, Azuma teaches generating only one frame of the strain elasticity image based on the echo data of at least two different moments (see fig. 1; par. [0054]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of generating only one frame of the strain elasticity image based on the echo data of at least two different moments in the invention of Sonoyama and Perrey, to be able to process and generate image with increase efficiency and reduce processing and storage requirements.
Regarding claim 3, Sonoyama shows wherein the echo data of at least two different moments that is configured for generating one frame of the strain elasticity image is the echo data of at least two different moments that is configured for generating one same frame of the shear wave elasticity image (see fig. 2-4).
Regarding claim 4, Sonoyama shows wherein the echo data of at least two different moments that is configured for generating one frame of the strain elasticity image is the echo data of a first moment and the echo data of a last moment that are configured for generating one same frame of the shear wave elasticity image (see fig. 2-4, see par. [0024], [0034], [0035], [0044], [0046], [0048], [0053]).
Regarding claim 5, Sonoyama shows wherein the echo data of at least two different moments that is configured for generating one frame of the strain elasticity image is the echo data of two moments that is configured for generating different frames of the shear wave elasticity images(see fig. 2-4, see par. [0024], [0034], [0035], [0044], [0046], [0048], [0053])..
Regarding claim 6, Sonoyama shows controlling the ultrasonic probe to at least transmit third ultrasonic waves to the region of interest and receive echoes of the third ultrasonic waves (see fig. 2 and 3), and acquiring third ultrasonic echo data based on the echoes of the third ultrasonic waves (see fig. 2 and 3); generating an ultrasound image reflecting at least a tissue of the region of interest of the target object based on the third ultrasonic echo data; and displaying the ultrasound image (see fig. 2 and 3).
Regarding claim 7, Sonoyama shows acquiring echo data of at least two different moments from the third ultrasonic echo data (see fig. 2-3); and generating a strain elasticity image based on said echo data of at least two different moments (see fig. 2-3).
Regarding claim 8, Sonoyama shows after receiving the echoes of the second ultrasonic waves for a last time (see fig. 2-3), controlling the ultrasonic probe to at least press the region of interest to acquire the echo data of at least two different moments from the third ultrasonic echo data (see fig. 2-3).
Regarding claim 9, Sonoyama shows determining a first measuring frame in the shear wave elasticity image and a second measuring frame in the strain elasticity image ((see abstract; par. [0014], [0015], [0034], [0035], [0056]; fig. 2); acquiring a shear wave elasticity parameter in the first measuring frame and a strain elasticity parameter in the second measuring frame (see abstract; par. [0014], [0015], [0034], [0035], [0056]; fig. 2); and displaying at least one of the shear wave elasticity parameter and the strain elasticity parameter (see abstract; par. [0014], [0015], [0034], [0035], [0056]; fig. 2).
Regarding claim 10, Sonoyama shows determining a third measuring frame in the ultrasound image, and automatically acquiring the first measuring frame and/or the second measuring frame based on matching with the third measuring frame (see fig. 2-4, see par. [0024], [0034], [0035], [0044], [0046], [0048], [0053]).
Regarding claim 17, Sonoyama discloses an ultrasonic diagnostic device. Sonoyama shows an elasticity imaging method (see abstract), comprising: controlling an ultrasonic probe to transmit first ultrasonic waves to a target object to generate shear waves propagating in a region of interest of the target object (see fig. 1 and 2; par. [0034], [0035]); controlling the ultrasonic probe to transmit second ultrasonic waves to the region of interest to track shear waves propagating in the region of interest and receive echoes of the second ultrasonic waves to acquire second ultrasonic echo data based on the echoes of the second ultrasonic wave (see abstract; par. [0014], [0034], [0035]); controlling the ultrasonic probe to at least transmit third ultrasonic waves to the region of interest and receive echoes of the third ultrasonic waves (see fig. 2 and 3), and acquiring third ultrasonic echo data based on the echoes of the third ultrasonic waves (see fig. 2 and 3); generating a shear wave elasticity image ((see abstract; par. [0014], [0015], [0034], [0035]; fig. 2) and generating a strain elasticity image based second ultrasonic echo data and the third ultrasonic echo data; and displaying the shear wave elasticity image and the strain elasticity image (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2). Sonoyama shows acquiring at least echo data from a first moment from second ultrasonic echo data (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2)), acquiring at least echo data of a second moment from a third ultrasonic echo (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2)).
But, Sonoyama fails to explicitly state using the same ultrasound echo data to generate the shear wave and strain elasticity image, wherein the same second ultrasonic echo data is ultrasound echo data corresponding to the second ultrasonic waves for tracking shear waves, and generating only one frame of the strain elastic image based on echo data of at least two different moments from second and third ultrasound echo data respectively.
Perrey discloses a methods and systems for medical imaging systems. Perrey teaches using the same ultrasound echo data to generate the shear wave and strain elasticity image (see par. [0024], [0055]), wherein the same second ultrasonic echo data is ultrasound echo data corresponding to the second ultrasonic waves for tracking shear waves (see par. [0024], [0055]), acquiring echo data of at least two different moments from the second ultrasonic echo data (see fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of using the same ultrasound echo data to generate the shear wave and strain elasticity image, wherein the same second ultrasonic echo data is ultrasound echo data corresponding to the second ultrasonic waves for tracking shear waves in the invention of Sonoyama, as taught by Perrey, to be able to display and process ultrasound data at a fast pace and using less data storage by using the same data to create separate images.
But, Sonoyama and Perrey fail to explicitly state generating only one frame of the strain elastic image based on echo data of at least two different moments from second and third ultrasound echo data respectively.
Azuma discloses ultrasonic imaging system. Azuma also teaches acquiring echo data of at least two different moments from ultrasonic echo data (see fig. 1). Furthermore, Azuma teaches generating only one frame of the strain elastic image based on echo data of at least two different moments from second and third ultrasound echo data respectively (see fig. 1; par. [0054]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of generating only one frame of the strain elastic image based on echo data of at least two different moments from second and third ultrasound echo data respectively in the invention of Sonoyama and Perrey, to be able to process and generate image with increase efficiency and reduce processing and storage requirements.
Regarding claim 19, Sonoyama shows determining a first measuring frame in the shear wave elasticity image and a second measuring frame in the strain elasticity image (see fig. 2-4, par. [0014], [0015], [0034], [0035], [0056]; fig. 2).; acquiring a shear wave elasticity parameter in the first measuring frame and a strain elasticity parameter in the second measuring frame (see fig. 2-4, see par. [0024], [0034], [0035], [0044], [0046], [0048], [0056]); and displaying at least one of the shear wave elasticity parameter and the strain elasticity parameter (see abstract; par. [0014], [0015], [0034], [0035], [0056]; fig. 2).
Regarding claim 20, Sonoyama shows determining a third measuring frame in the ultrasound image (see fig. 2-3), and automatically determining the first measuring frame and/or the second measuring frame based on matching with the third measuring frame (see fig. 2-4, see par. [0024], [0034], [0035], [0044], [0046], [0048], [0053]).
Claims 11, 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sonoyama (US 2019/0183461), in view of Yao et al. (US 2015/0087980; hereinafter Yao), and in view of Azuma (US 2010/0256494).
Regarding claim 11, Sonoyama discloses an ultrasonic diagnostic device. Sonoyama shows an elasticity imaging method (see abstract), comprising: controlling an ultrasonic probe to transmit first ultrasonic waves to a target object to generate shear waves propagating in a region of interest of the target object(see fig. 1 and 2; par. [0034], [0035]); controlling the ultrasonic probe to transmit second ultrasonic waves to the region of interest to track shear waves propagating in the region of interest and receive echoes of the second ultrasonic waves (see abstract; par. [0014], [0034], [0035]), and acquiring second ultrasonic echo data based on the echoes of the second ultrasonic wave (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2); generating a shear wave elasticity image based on the second ultrasonic echo data (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2); controlling the ultrasonic probe to at least transmit third ultrasonic waves to the region of interest and receive echoes of the third ultrasonic waves (see fig. 2 and 3), and acquiring third ultrasonic echo data based on the echoes of the third ultrasonic waves to generate a B-mode ultrasound image (see fig. 2 and 3); generating a strain elasticity image based on the ultrasonic echo data; and displaying the shear wave elasticity image and the strain elasticity image (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2). Sonoyama shows the second ultrasonic echo data and the B-mode echo data are acquired alternatively (see abstract; par. [0014], [0015], [0034], [0035]; fig. 2-3), and acquiring echo data of at least two different moments, before and after the second ultrasonic echo data for generating the shear wave elasticity image, from the B-model echo data (see fig. 2-3).
But, Sonoyama fails to explicitly state generating the strain elasticity based on B-mode echo data; and performing speckle tracking based on the echo data of at least two different moments to generate only one frame of the strain elasticity image.
Yao discloses an ultrasound diagnosis apparatus. Yao teaches generating the strain elasticity based on B-mode echo data, acquiring echo data of at least two different moments from the B-model each data (see par. [0051]-[0053]); and performing speckle tracking based on the echo data of at least two different moments to generate the strain elasticity image (see par. [0051]-[0053]).
Therefore, it would have obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to have utilized the teaching of generating the strain elasticity based on B-mode echo data, acquiring echo data of at least two different moments from the B-model each data; and performing speckle tracking based on the echo data of at least two different moments to generate the strain elasticity image in the invention of Sonoyama, as taught by Yao, to be able to provide a more accurate stain analysis by tracking the motion of natural acoustic marker (speckle).
But, Sonoyama and Yao fail to explicitly state generating only one frame of the strain elasticity image based on the echo data of at least two different moments.
Azuma discloses ultrasonic imaging system. Azuma also teaches Azuma teaches generating only one frame of the strain elasticity image based on the echo data of at least two different moments (see fig. 1; par. [0054]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of generating only one frame of the strain elasticity image based on the echo data of at least two different moments in the invention of Sonoyama and Perrey, to be able to process and generate image with increase efficiency and reduce processing and storage requrements.
Regarding claim 13, Sonoyama shows generating the B-mode ultrasound image reflecting at least a tissue of the region of interest of the target object based on the B-mode ultrasonic echo data (see fig. 2 and 3; (see abstract; par. [0014], [0015], [0034], [0035]); and displaying the ultrasound image (see fig. 2 and 3; (see abstract; par. [0014], [0015], [0034], [0035]).
Regarding claim 14, Sonoyama shows after receiving the echoes of the second ultrasonic waves for a last time, controlling the ultrasonic probe to at least press the region of interest to acquire echo data of at least two different moments from the third ultrasonic echo data (see fig. 2-3), and generating the strain elasticity image based on said echo data of at least two different moments (see fig. 2 and 3; (see abstract; par. [0014], [0015], [0034], [0035]).
Regarding claim 15, Sonoyama shows determining a first measuring frame in the shear wave elasticity image and a second measuring frame in the strain elasticity image (see fig. 2 and 3); acquiring a shear wave elasticity parameter in the first measuring frame (see fig. 2 and 3; ee abstract; par. [0014], [0015], [0034], [0035]; par. [0056]) and a strain elasticity parameter in the second measuring frame (see fig. 2 and 3; (see abstract; par. [0014], [0015], [0034], [0035]; par. [0056]); and displaying at least one of the shear wave elasticity parameter and the strain elasticity parameter (see fig. 2 and 3; see abstract; par. [0014], [0015], [0034], [0035]; [0056]).
Regarding claim 16, Sonoyama shows determining a third measuring frame in the B-mode ultrasound image (see fig. 2 and 3), and automatically acquiring the first measuring frame and/or the second measuring frame based on matching with the third measuring frame (see fig. 2-4, see par. [0024], [0034], [0035], [0044], [0046], [0048], [0053]).
Response to Arguments
Applicant’s arguments with respect to prior art rejection have been considered but are moot because the new ground of rejection does not rely on any rejection applied in the prior office action of record for any teaching or matter specifically challenged in the argument. The examiner has provided new prior arts Azum.
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 SHAHDEEP MOHAMMED whose telephone number is (571)270-3134. The examiner can normally be reached Monday to Friday, 9am to 5pm.
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/SHAHDEEP MOHAMMED/ Primary Examiner, Art Unit 3797