DETAILED ACTION
This office action is in response to the communication received on 10/09/2024 concerning application no. 17/985,968 filed on 11/14/2022.
Claims 1-20 are pending (Claims 19-20 are withdrawn from consideration).
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 .
Election/Restrictions
Applicant’s election of Group I (Claims 1-18) in the reply filed on 10/09/2024 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Drawings
The drawings are objected to because:
The drawings (Figs. 4 and 6-7) are objected to because, according to MPEP 608.02 and 67 CFR 1.84, "India ink, or its equivalent that secures solid black lines, must be used for drawings". Drawings should be presented as India ink drawings unless the illustration is not capable of being accurately or adequately depicted by India ink drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
Claim 10, line 8, contains an optional limitation “when the handheld ultrasound system is operating in a cardiac imaging mode”. According to MPEP 2111.04, “The broadest reasonable interpretation of a method (or process) claim having contingent limitation acquires 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”.
Therefore, the claim element “the updating of the scan pattern comprises an adjustment of a combination of an azimuthal tilt and an elevational tilt of the acoustic beam” is not required to be performed.
Claim 10, line 11, contains an optional limitation “when the handheld ultrasound system is operating in a lung imaging mode”. According to MPEP 2111.04, “The broadest reasonable interpretation of a method (or process) claim having contingent limitation acquires 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”.
Therefore, the claim element “the updating of the scan pattern comprises an adjustment of a combination of an elevational tilt and a translation of an aperture of the two-dimensional array of ultrasound transducers emitting the acoustic beam” is not required to be performed.
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 1-18 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.
Claim 1 is indefinite for the following reasons:
Lines 9-10 and 14, recite “when the handheld ultrasound system is operating in a cardiac imaging mode” and “when the handheld ultrasound system is operating in a lung imaging mode”. This claim element is indefinite. It is unclear if these modes are implemented in addition to the “view of a desired anatomy” of line 6 or are forms of the desired anatomy. That is, it is unclear if it is subsequent to the view of the desired anatomy or if it is further defining the view of a desired anatomy.
For purposes of examination, the Office is considering it to be further defining the desired anatomy.
Claim 6 is indefinite for the following reasons:
Lines 1-2, recite “wherein the updating of the scan pattern is triggered by a user pressing a button”. This claim element is indefinite. It would be unclear if the updating is automatic as claim 1 establishes or if it is based on user input as required be the instant claim.
Applicant is encourage to provide clear and consistent language throughout the claims.
Claim 10 is indefinite for the following reasons:
Lines 8 and 11, recite “when the handheld ultrasound system is operating in a cardiac imaging mode” and “when the handheld ultrasound system is operating in a lung imaging mode”. This claim element is indefinite. It is unclear if these modes are implemented in addition to the “view of a desired anatomy” of line 5 or are forms of the desired anatomy. That is, it is unclear if it is subsequent to the view of the desired anatomy or if it is further defining the view of a desired anatomy.
For purposes of examination, the Office is considering it to be further defining the desired anatomy.
Claim 15 is indefinite for the following reasons:
Lines 1-2, recite “wherein the updating of the scan pattern is triggered by a user pressing a button”. This claim element is indefinite. It would be unclear if the updating is automatic as claim 1 establishes or if it is based on user input as required be the instant claim.
Applicant is encourage to provide clear and consistent language throughout the claims.
Claims that are not discussed above but are cited to be rejected under 35 U.S.C. 112(b) are also rejected because they inherit the indefiniteness of the claims they respectively depend upon.
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 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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Rothberg et al. (PGPUB No. US 2017/0360415) in view of Gonyeau et al. (PGPUB No. US 2019/0142388).
Regarding claim 1, Rothberg teaches a handheld ultrasound system, the handheld ultrasound system comprising:
an ultrasound device with a two-dimensional array of ultrasound transducers (Paragraph 0083 teaches that the probe can be a 2D array. Paragraph 0311 teaches that the probe can be a handheld); and
a smartphone or tablet comprising a processor (Paragraph 0116 teaches that the auxiliary device can be a smartphone. Paragraph 0071 teaches that a tablet can be used) that:
when the handheld ultrasound system is operating in a cardiac imaging mode (Paragraph 0310 teaches the operation of the ultrasound probe in a cardiac imaging mode),
the updating of the scan pattern comprises an adjustment of a combination of an azimuthal tilt and an elevational tilt of the acoustic beam (Paragraph 0126 teaches that the operating modes can have varying operating parameters. This includes the specifying of different azimuth aperture values, elevation aperture values, azimuth focus values, and elevation focus values. Paragraph 0128 teaches a first profile may have a first azimuth focus and first elevation focus. Tables 2-4 show the changing parameters in the modes),
when the handheld ultrasound system is operating in a lung imaging mode (Paragraph 0310 teaches the operation of the ultrasound probe in a lung imaging mode),
the updating of the scan pattern comprises an adjustment of a combination of an elevational tilt and a translation of an aperture of the two-dimensional array of ultrasound transducers emitting the acoustic beam (Paragraph 0126 teaches that the operating modes can have varying operating parameters. This includes the specifying of different azimuth aperture values, elevation aperture values, azimuth focus values, and elevation focus values. Paragraph 0127 teaches that the first and second elevation aperture and focus values can change according to the input mode).
However, Rothberg is silent regarding a handheld ultrasound system, comprising:
configures the ultrasound device to obtain at least one first ultrasound image frame,
using a scan pattern defining an acoustic beam,
automatically updates the scan pattern to optimize a view of a desired anatomy,
configures the ultrasound device to obtain a second ultrasound image frame using the updated scan pattern.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a handheld ultrasound system, comprising:
configures the ultrasound device to obtain at least one first ultrasound image frame (Paragraph 0026 teaches the processing device configures the ultrasound to operate with a first set of imaging parameters. This is for the purpose of imaging. See Fig. 1),
using a scan pattern defining an acoustic beam (Paragraph 0047 teaches the operation of the ultrasound device via beamforming),
automatically updates the scan pattern to optimize a view of a desired anatomy (Paragraph 0020 teaches that the ultrasound imaging system may automatically identify the anatomy that is being imaged and alter its parameters according to that determination. See Fig. 1),
configures the ultrasound device to obtain a second ultrasound image frame using the updated scan pattern (Paragraphs 0033-34 teaches that the second set of imaging parameters are used upon the determination that new presets must be used. See Fig. 1).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of changing presets according to what anatomy is being imaged. Gonyeau further teaches that there are imaging presets for cardiac and lung imaging like Rothberg. One with ordinary skill in the art would be able to implement the aperture and focus changes according to the elevation and azimuth as taught by Rothberg and implement than in the automatic identification and alteration of presets of Gonyeau. This modified apparatus would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 2, modified Rothberg teaches the handheld ultrasound system in claim 1, as discussed above.
However, Rothberg is silent regarding a handheld ultrasound system, wherein the updating of the scan pattern comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a plurality of search image frames, each of the search image frames captured with a different search scan pattern, and
obtaining the updated scan pattern for the second ultrasound image frame by selecting a search scan pattern from the different search scan patterns as the updated scan pattern,
wherein the selected search scan pattern is selected based on the associated search image frame being suitable for a diagnostic action to be performed using the second ultrasound image frame.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a handheld ultrasound system, wherein the updating of the scan pattern comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a plurality of search image frames, each of the search image frames captured with a different search scan pattern (Paragraph 0020 teaches that the probe operates in a preset and the system automatically changes the preset according to the anatomy that is being imaged. See Fig. 1), and
obtaining the updated scan pattern for the second ultrasound image frame by selecting a search scan pattern from the different search scan patterns as the updated scan pattern (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies),
wherein the selected search scan pattern is selected based on the associated search image frame being suitable for a diagnostic action to be performed using the second ultrasound image frame (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies. See Fig. 1. Paragraph 0003 teaches that the ultrasound devices are used in diagnosis).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of the alteration of imaging patterns according to suitability to perform diagnosis. This modified apparatus would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 3, modified Rothberg teaches the handheld ultrasound system in claim 2, as discussed above.
However, Rothberg is silent regarding a handheld ultrasound system, wherein the suitability of the search scan pattern is determined based on at least one selected from a group consisting of an amount of the desired anatomy being captured, and a degree of motion.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a handheld ultrasound system, wherein the suitability of the search scan pattern is determined based on at least one selected from a group consisting of an amount of the desired anatomy being captured, and a degree of motion (Paragraph 0020 teaches that the preset automatically changes according to the anatomy being imaged and if the probe is moved to another anatomical part. Paragraph 0032 teaches that the anatomy is assessed and if it is not the anatomy that that preset is intended for, it is altered. This is based on statistical modeling and determination of the anatomical structural associations for the anatomical locations. Paragraph 0021 teaches that the determination of the anatomical location is based on the ultrasound image analysis and the use of accelerometer data).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of assessing the suitability of the scan according to the anatomy imaged and the degree of motion. This modified apparatus would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 4, modified Rothberg teaches the handheld ultrasound system in claim 2, as discussed above.
Rothberg further teaches a handheld ultrasound system, wherein the obtaining of the plurality of search image frames comprises stepping through a scan pattern sequence of scan patterns (Paragraph 0176 teaches the implementation of an electronic sweep in the sector or curvilinear profile. Paragraphs 0054-55 teach the manipulation of the beamforming of ultrasound).
Regarding claim 5, modified Rothberg teaches the handheld ultrasound system in claim 4, as discussed above.
Rothberg further teaches a handheld ultrasound system, wherein the stepping through the scan pattern sequence is performed by one selected from a group consisting of:
a full sweep of the scan patterns in the scan pattern sequence (Paragraph 0176 teaches the implementation of an electronic sweep in the sector or curvilinear profile. Paragraphs 0054-55 teach the manipulation of the beamforming of ultrasound),
a coarse sweep to identify a range, followed by a fine sweep in the range, and
a decoupled elevational and azimuthal search through the scan patterns in the scan pattern sequence.
Regarding claim 6, modified Rothberg teaches the handheld ultrasound system in claim 1, as discussed above.
Rothberg further teaches a handheld ultrasound system, wherein the updating of the scan pattern is triggered by a user pressing a button (Paragraph 0141 teaches the implementation of a button for the selection of the operating mode).
Regarding claim 7, modified Rothberg teaches the handheld ultrasound system in claim 1, as discussed above.
However, Rothberg is silent regarding a handheld ultrasound system, wherein the updating of the scan pattern is triggered by the at least one first ultrasound image frame not being suitable for a diagnostic action, in absence of a user input.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a handheld ultrasound system, wherein the updating of the scan pattern is triggered by the at least one first ultrasound image frame not being suitable for a diagnostic action, in absence of a user input (Abstract teaches that the optimization of the device to image in the correct preset is performed automatically and without user input. Paragraphs 0018-19 teaches that the optimization for the anatomical features is performed via the presets).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of optimization of imaging based on automatic determination. This modified apparatus would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 8, modified Rothberg teaches the handheld ultrasound system in claim 1, as discussed above.
However, Rothberg is silent regarding a handheld ultrasound system, wherein the updating of the scan pattern comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a first search image frame, captured with a first search scan pattern,
making a first determination that the first search image frame is more suitable for a diagnostic action to be performed than the at least one first ultrasound image frame, and based on the first determination,
obtaining the updated scan pattern for the second ultrasound image frame by selecting the first search scan pattern as the updated scan pattern.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a handheld ultrasound system, wherein the updating of the scan pattern comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a first search image frame, captured with a first search scan pattern (Paragraph 0020 teaches that the probe operates in a preset and the system automatically changes the preset according to the anatomy that is being imaged. See Fig. 1), and
making a first determination that the first search image frame is more suitable for a diagnostic action to be performed than the at least one first ultrasound image frame, and based on the first determination (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies),
obtaining the updated scan pattern for the second ultrasound image frame by selecting the first search scan pattern as the updated scan pattern (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies. See Fig. 1. Paragraph 0003 teaches that the ultrasound devices are used in diagnosis).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of implementation of an updated preset change according to the anatomy being imaging. This modified apparatus would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 9, modified Rothberg teaches the handheld ultrasound system in claim 8, as discussed above.
However, Rothberg is silent regarding a handheld ultrasound system, wherein the updating of the scan pattern further comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a second search image frame, captured with a second search scan pattern,
making a second determination that the second search image frame is not more suitable for a diagnostic action to be performed than the second ultrasound image frame, and
based on the second determination, configuring the two-dimensional array of ultrasound transducers to obtain a third ultrasound image frame using the updated scan pattern as used for the obtaining of the second ultrasound image frame.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a handheld ultrasound system, wherein the updating of the scan pattern further comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a second search image frame, captured with a second search scan pattern (Paragraph 0020 teaches that the probe operates in a preset and the system automatically changes the preset according to the anatomy that is being imaged. See Fig. 1), and
making a second determination that the second search image frame is not more suitable for a diagnostic action to be performed than the second ultrasound image frame (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Then, the preset can change from the lung preset back to the cardiac preset. Additionally, the cardiac preset can change to another preset like the abdominal preset. See Fig. 1 that shows an iterative cycle of determination of the anatomy and implementation of the appropriate preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies), and
based on the second determination, configuring the two-dimensional array of ultrasound transducers to obtain a third ultrasound image frame using the updated scan pattern as used for the obtaining of the second ultrasound image frame (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Then, the preset can change from the lung preset back to the cardiac preset. Additionally, the cardiac preset can change to another preset like the abdominal preset. See Fig. 1 that shows an iterative cycle of determination of the anatomy and implementation of the appropriate preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of updating the acquisition for a third image frame according to the updated scan pattern. This modified apparatus would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 10, Rothberg teaches a method for operating a handheld ultrasound system, the method, performed by a processor of a smartphone or tablet of the handheld ultrasound system (Paragraph 0083 teaches that the probe can be a 2D array. Paragraph 0311 teaches that the probe can be a handheld. Paragraph 0116 teaches that the auxiliary device can be a smartphone. Paragraph 0071 teaches that a tablet can be used), comprising:
configuring, a two-dimensional array of ultrasound transducers disposed in an ultrasound probe of the handheld ultrasound system to obtain at least one first ultrasound image frame comprising a view of a desired anatomy (Paragraph 0083 teaches that the probe can be a 2D array. Paragraphs 0032-33 teaches the acquisition of ultrasound images via an ultrasound probe. This can be for specific anatomy like the heart),
when the handheld ultrasound system is operating in a cardiac imaging mode, the updating of the scan pattern comprises an adjustment of a combination of an azimuthal tilt and an elevational tilt of the acoustic beam (Paragraph 0126 teaches that the operating modes can have varying operating parameters. This includes the specifying of different azimuth aperture values, elevation aperture values, azimuth focus values, and elevation focus values. Paragraph 0128 teaches a first profile may have a first azimuth focus and first elevation focus. Tables 2-4 show the changing parameters in the modes),
when the handheld ultrasound system is operating in a lung imaging mode (Paragraph 0310 teaches the operation of the ultrasound probe in a lung imaging mode), the updating of the scan pattern comprises an adjustment of a combination of an elevational tilt and a translation of an aperture of the two-dimensional array of ultrasound transducers emitting the acoustic beam (Paragraph 0126 teaches that the operating modes can have varying operating parameters. This includes the specifying of different azimuth aperture values, elevation aperture values, azimuth focus values, and elevation focus values. Paragraph 0127 teaches that the first and second elevation aperture and focus values can change according to the input mode).
However, Rothberg is silent regarding a method, using a scan pattern defining an acoustic beam,
automatically updating the scan pattern to optimize the view of the desired anatomy, and
configuring the two-dimensional array of ultrasound transducers to obtain a second ultrasound image frame using the updated scan pattern.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a method, using a scan pattern defining an acoustic beam (Paragraph 0026 teaches the processing device configures the ultrasound to operate with a first set of imaging parameters. This is for the purpose of imaging. See Fig. 1. Paragraph 0047 teaches the operation of the ultrasound device via beamforming),
automatically updating the scan pattern to optimize the view of the desired anatomy (Paragraph 0020 teaches that the ultrasound imaging system may automatically identify the anatomy that is being imaged and alter its parameters according to that determination. See Fig. 1), and
configuring the two-dimensional array of ultrasound transducers to obtain a second ultrasound image frame using the updated scan pattern (Paragraphs 0033-34 teaches that the second set of imaging parameters are used upon the determination that new presets must be used. See Fig. 1).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of changing presets according to what anatomy is being imaged. Gonyeau further teaches that there are imaging presets for cardiac and lung imaging like Rothberg. One with ordinary skill in the art would be able to implement the aperture and focus changes according to the elevation and azimuth as taught by Rothberg and implement than in the automatic identification and alteration of presets of Gonyeau. This modified method would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 11, modified Rothberg teaches the method in claim 10, as discussed above.
However, Rothberg is silent regarding a method, wherein the updating of the scan pattern comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a plurality of search image frames, each of the search image frames captured with a different search scan pattern,
obtaining the updated scan pattern for the second ultrasound image frame by selecting a search scan pattern from the different search scan patterns as the updated scan pattern,
wherein the selected search scan pattern is selected based on the associated search image frame being suitable for a diagnostic action to be performed using the second ultrasound image frame.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a method, wherein the updating of the scan pattern comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a plurality of search image frames, each of the search image frames captured with a different search scan pattern (Paragraph 0020 teaches that the probe operates in a preset and the system automatically changes the preset according to the anatomy that is being imaged. See Fig. 1), and
obtaining the updated scan pattern for the second ultrasound image frame by selecting a search scan pattern from the different search scan patterns as the updated scan pattern (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies),
wherein the selected search scan pattern is selected based on the associated search image frame being suitable for a diagnostic action to be performed using the second ultrasound image frame (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies. See Fig. 1. Paragraph 0003 teaches that the ultrasound devices are used in diagnosis).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of the alteration of imaging patterns according to suitability to perform diagnosis. This modified method would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 12, modified Rothberg teaches the method in claim 11, as discussed above.
However, Rothberg is silent regarding a method, wherein the suitability of the search scan pattern is determined based on at least one selected from a group consisting of an amount of the desired anatomy being captured, and a degree of motion.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a method, wherein the suitability of the search scan pattern is determined based on at least one selected from a group consisting of an amount of the desired anatomy being captured, and a degree of motion (Paragraph 0020 teaches that the preset automatically changes according to the anatomy being imaged and if the probe is moved to another anatomical part. Paragraph 0032 teaches that the anatomy is assessed and if it is not the anatomy that that preset is intended for, it is altered. This is based on statistical modeling and determination of the anatomical structural associations for the anatomical locations. Paragraph 0021 teaches that the determination of the anatomical location is based on the ultrasound image analysis and the use of accelerometer data).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of assessing the suitability of the scan according to the anatomy imaged and the degree of motion. This modified method would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 13, modified Rothberg teaches the method in claim 1, as discussed above.
Rothberg further teaches a method, wherein the obtaining of the plurality of search image frames comprises stepping through a scan pattern sequence of scan patterns (Paragraph 0176 teaches the implementation of an electronic sweep in the sector or curvilinear profile. Paragraphs 0054-55 teach the manipulation of the beamforming of ultrasound).
Regarding claim 14, modified Rothberg teaches the method in claim 13, as discussed above.
Rothberg further teaches a method, wherein the stepping through the scan pattern sequence is performed by one selected from a group consisting of:
a full sweep of the scan patterns in the scan pattern sequence (Paragraph 0176 teaches the implementation of an electronic sweep in the sector or curvilinear profile. Paragraphs 0054-55 teach the manipulation of the beamforming of ultrasound),
a coarse sweep to identify a range, followed by a fine sweep in the range, and
a decoupled elevational and azimuthal search through the scan patterns in the scan pattern sequence.
Regarding claim 15, modified Rothberg teaches the method in claim 10, as discussed above.
Rothberg further teaches a method, wherein the updating of the scan pattern is triggered by a user pressing a button (Paragraph 0141 teaches the implementation of a button for the selection of the operating mode).
Regarding claim 16, modified Rothberg teaches the method in claim 10, as discussed above.
However, Rothberg is silent regarding a method, wherein the updating of the scan pattern is triggered by the at least one first ultrasound image frame not being suitable for a diagnostic action, in absence of a user input.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a method, wherein the updating of the scan pattern is triggered by the at least one first ultrasound image frame not being suitable for a diagnostic action, in absence of a user input (Abstract teaches that the optimization of the device to image in the correct preset is performed automatically and without user input. Paragraphs 0018-19 teaches that the optimization for the anatomical features is performed via the presets).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of optimization of imaging based on automatic determination. This modified method would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 17, modified Rothberg teaches the method in claim 10, as discussed above.
However, Rothberg is silent regarding a method, wherein the updating of the scan pattern comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a first search image frame, captured with a first search scan pattern,
making a first determination that the first search image frame is more suitable for a diagnostic action to be performed than the at least one first ultrasound image frame, and
based on the first determination, obtaining the updated scan pattern for the second ultrasound image frame by selecting the first search scan pattern as the updated scan pattern.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a method, wherein the updating of the scan pattern comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a first search image frame, captured with a first search scan pattern (Paragraph 0020 teaches that the probe operates in a preset and the system automatically changes the preset according to the anatomy that is being imaged. See Fig. 1),
making a first determination that the first search image frame is more suitable for a diagnostic action to be performed than the at least one first ultrasound image frame (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies), and
based on the first determination, obtaining the updated scan pattern for the second ultrasound image frame by selecting the first search scan pattern as the updated scan pattern (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies. See Fig. 1. Paragraph 0003 teaches that the ultrasound devices are used in diagnosis).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of implementation of an updated preset change according to the anatomy being imaging. This modified method would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Regarding claim 18, modified Rothberg teaches the method in claim 17, as discussed above.
However, Rothberg is silent regarding a method, wherein the updating of the scan pattern further comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a second search image frame, captured with a second search scan pattern,
making a second determination that the second search image frame is not more suitable for a diagnostic action to be performed than the second ultrasound image frame, and
based on the second determination,
configuring the two-dimensional array of ultrasound transducers to obtain a third ultrasound image frame using the updated scan pattern as used for the obtaining of the second ultrasound image frame.
In an analogous imaging field of endeavor, regarding cardiac and lung ultrasound imaging, Gonyeau teaches a method, wherein the updating of the scan pattern further comprises:
configuring the two-dimensional array of ultrasound transducers to obtain a second search image frame, captured with a second search scan pattern (Paragraph 0020 teaches that the probe operates in a preset and the system automatically changes the preset according to the anatomy that is being imaged. See Fig. 1),
making a second determination that the second search image frame is not more suitable for a diagnostic action to be performed than the second ultrasound image frame, and based on the second determination (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Then, the preset can change from the lung preset back to the cardiac preset. Additionally, the cardiac preset can change to another preset like the abdominal preset. See Fig. 1 that shows an iterative cycle of determination of the anatomy and implementation of the appropriate preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies),
configuring the two-dimensional array of ultrasound transducers to obtain a third ultrasound image frame using the updated scan pattern as used for the obtaining of the second ultrasound image frame (Paragraph 0020 teaches that the system is able to automatically change according to the anatomy that is being imaged. For example, the imaging can change from a cardiac preset to a lung preset. Then, the preset can change from the lung preset back to the cardiac preset. Additionally, the cardiac preset can change to another preset like the abdominal preset. See Fig. 1 that shows an iterative cycle of determination of the anatomy and implementation of the appropriate preset. Paragraphs 0018-19 teach that the presets have their respective parameters for the optimized imaging of their respective anatomies).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Rothberg with Gonyeau’s teaching of updating the acquisition for a third image frame according to the updated scan pattern. This modified method would allow the user to improve the quality and clinical value of ultrasound images that are collected (Paragraph 0020 of Gonyeau). Furthermore, the modification allows for the accurate identification of the anatomical locations in the image (Paragraph 0064 of Gonyeau). This would also allow the acquisition of the imaging to operate in real time (Paragraph 0049 of Gonyeau).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Gerard et al. (PGPUB No. US 2018/0322627): Teaches the automatic adjustment of scanning patterns in the lung and cardiac imaging context.
Harks et al. (PGPUB No. US 2019/0357987): Teaches the automatic adjustment of scanning patterns in the lung and cardiac imaging context.
Chiang et al. (PGPUB No. US 2019/0336101): Teaches the automatic adjustment of scanning patterns in the lung and cardiac imaging context.
Chiang et al. (PGPUB No. US 2021/0015456): Teaches the automatic adjustment of scanning patterns in the lung and cardiac imaging context.
Salgo et al. (PGPUB No. US 2003/0060710): Teaches the automatic adjustment of scanning patterns and the use of a tablet.
Poland et al. (PGPUB No. US 2021/0137498): Teaches the automatic adjustment of scanning patterns in the lung and cardiac imaging context.
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/ADIL PARTAP S VIRK/Primary Examiner, Art Unit 3798