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 .
Election/Restrictions
Claims 15 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group of inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/10/2025.
Applicant's election with traverse of group I, claims 1-14 in the reply filed on 11/11/2025 is acknowledged. The traversal is on the ground(s) that the applicant argues the following;
Applicant respectfully asserts that there is no serious burden in either the searching or the examination of all of Claims 1-16. In particular. Claim 15 recites the exact same image generator and display controller recited in Claim 1. Further, Claim 16 recites the same corresponding functionality as in Claims I and 15. Thus, in searching for and examining the features and elements of Claim 1, the Office would be required to merely search for the exact same features already recited in Claims 15 and 16. Thus, it is unclear to Applicants how additionally searching for the features of Claims 15 and 16 would be a serious burden. Rather, Applicants respectfully submit that it would clearly be a no additional burden at all since those exact features will have been searched for in examining elected claim 1.
Moreover, contrary to the assertion in the Office Action. Claims I and 15 are clearly related as all of the elements of Claim 15 are in claim 1! Moreover, Claim 16 is clearly related to Claims I and 15, contrary to the assertions in the Office Action on page 3. Claim 16 is just Claim 15 in method form.
Accordingly, Applicants respectfully traverse the restriction requirement with respect to independent Claims 1, 15, and 16, and respectfully submit that the conditions for imposing a restriction have not been met.
This is not found persuasive because; although, the portions of claim 1 as compared to claims 15 and 16 are potentially similar, the inventions have acquired a separate status in the art in view of their different classification due to their differences in between. Also, the inventions have acquired a separate status in the art due to their recognized divergent subject matter since claim 1 requires different features as compared to claims 15 and 16. Further, the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries). In addition, the prior art applicable to one invention would not likely be applicable to another invention. Furthermore, the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph due their subject matter being different statutory categories.
Therefore, the inventions in this action are deemed independent or distinct and there would be a serious search and/or examination burden at least for the reasons noted above.
The requirement is still deemed proper and is therefore made FINAL.
Accordingly, claims 1-14 have been examined on their merits.
Claim Interpretation
Claims 6 and 13 recite the limitation of “if” (as in e.g., “if a plurality of pieces of image data are generated”) which in an interpretation it may be construed as a conditional limitation where the limitations followed by the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case scenario of “if a plurality of pieces of image data” not being “generated”.
Claim 13 also recites similar “if” conditional limitation.
In the recent Ex parte Gopalan decision, the PTAB addressed a claim where all of the features were recited in a conditional manner. A first step of “identifying … an outlier” was performed if “traffic is outside of a prediction interval.” A second step of “identifying” was performed “only when a count of outliers … is greater than or equal to two, and exceeds an anomaly threshold.” These were the only two elements of the independent claim. Thus, if the traffic is never outside Gopalan’s prediction interval, then the steps of the method are never performed.
However, the PTAB distinguished Schulhauser and noted that this construction “would render the entire claim meaningless.” Gopalan at p. 5. The Board went on to state, “Although each of these steps is conditional, they are integrated into one method or path and do not cause the claim to diverge into two methods or paths, as in Schulhauser. Thus, we conclude that the broadest reasonable interpretation of claim 1 requires the performance of both steps…” Id. at p. 6.”
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
image generator in claim 1-5, 7-13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-13 recite the limitation “image generator” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The term “substantially” in claims 2, 7, 8, and 9 are a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For instance, claim 7 recites the limitation of “substantially the same” which the specification in the most pertinent sections (see e.g., [0066], [0096]) does not provide explanation as to how close the areas are considered as “substantially the same”.
Therefore, the claims are rendered indefinite.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim 1 recites “indicating an index of reliability at each of a plurality of positions” and “generates image data... assigned with a pixel value”
The limitation of “indicating an index of reliability”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is nothing in the claim element precludes the step from practically being performed in the mind. For example, “indicating an index of reliability” in the context of this claim encompasses the user manually identifying/calculating and indicating an index of reliability. Similarly, the limitation of “generates image data... assigned with a pixel value”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, “generates image data... assigned with a pixel value” in the context of this claim encompasses the user thinking pixel values and assigning them. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements of transmission unit and reception unit which are merely data gathering components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of image generator to perform “indicating an index of reliability at each of a plurality of positions” and “generates image data... assigned with a pixel value” steps amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
The depending claims also recite similar abstract ideas (e.g., calculates a displacement, determined time phases etc.) without additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application.
Therefore, the claims are not patent eligible.
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.
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2014/0276046) in view of Miyachi (US20110077518A1).
Regarding claim 1, Kim teaches an ultrasonic diagnosis apparatus comprising:
a transmission unit that causes an ultrasonic probe to transmit a displacement- producing ultrasonic wave for producing displacement in living tissue based on acoustic radiation force and causes the ultrasonic probe to transmit an observation ultrasonic wave for observing displacement, in living tissue in a predetermined scan area, that is produced based on the displacement-producing ultrasonic wave (“a system is provided for ARFI imaging. A transducer is configured to transmit a first acoustic impulse excitation into a patient, configured to scan with ultrasound a first line of the patient, configured to transmit a second acoustic impulse excitation into the patient, and configured to scan with ultrasound a second line of the patient” [0007]);
a reception unit that generates reflected-wave data based on a reflected wave received by the ultrasonic probe (“receive beamformer is configured to generate data representing the first and second lines at different times relative to the first and second acoustic impulse excitations, respectively” [0007]); and
a display controller that superimposes an image based on the image data on a medical image corresponding to an area including the scan area (“The ARFI image may be combined with other image information. For example, the ARFI image is displayed as a color overlay of a B-mode image. The ARFI image may be overlaid or combined with any one or more other modes of imaging. Where the ARFI image and other images represent the same spatial locations, one source (e.g., ARFI or B-mode) is used for display or the information from the different sources are combined” [0064]).
Kim does not point out the specifics of an image generator that acquires reliability information indicating an index of reliability at each of a plurality of positions in the scan area based on the reflected-wave data, generates image data including positions each assigned with a pixel value corresponding to the reliability information.
However, in the same field of endeavor, Miyachi teaches an ultrasonic diagnostic apparatus is composed of an ultrasonic probe, a processor, and a monitor. The processor forms multiple frames of cross-sectional images for the same object of interest. A displacement amount of an organ is obtained using multiple frames. Based on an elasticity index calculated using the displacement amount, an elasticity index image in which the organ is colored is generated and displayed on a monitor in associated with a color map showing a relation between the elasticity index and the color (abst). The elasticity index calculator 29 calculates distances between remaining representative points to obtain the maximum value and the minimum value thereof. A maximum change in the distance between the representative points is calculated. Then, strain ε is calculated using the calculated values. Here, the echo data of the scan line Ln is described as an example. The elasticity index calculator 29 calculates the strain ε for the tissue on all scan lines in the same manner as described above [0072].
After the strain ε is calculated by the elasticity index calculator 29, the image generator 28 colors the B mode image 41 of the blood vessel wall shown in FIG. 8A according to the color map indicating the magnitude of the strain ε. As shown in FIG. 8B, for example, a pixel on the scan line Ln is partitioned into areas by the representative points X0 to X8, and each area between the representative points is colored using a color map 52. In FIG. 8B, the color map 52 is shown on a gray scale for the sake of convenience. Actually, for example, the area with the high strain ε is colored with blue, and the color gets still more blue as the strain ε increases. On the contrary, the area with the low strain ε is colored with red, and the color gets still more red as the strain ε decreases [0073]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with acquires reliability information indicating an index of reliability and generates image data including positions each assigned with a pixel value corresponding to the reliability information as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 2, Kim teaches all the claimed limitations as shown above except for wherein the image generator calculates a displacement at each of the plurality of positions in the scan area over a plurality of time phases, determines a time phase when the calculated displacement is substantially maximum, for each of the positions acquires positions where the determined time phases are substantially the same, as the reliability information, and generates the image data including the positions each assigned with the pixel value corresponding to the reliability information.
However, in the same field of endeavor, Miyachi teaches displacement amount of an organ is obtained using multiple frames. Based on an elasticity index calculated using the displacement amount, an elasticity index image in which the organ is colored is generated and displayed on a monitor in associated with a color map showing a relation between the elasticity index and the color (abst). The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. The elasticity index calculator 29 calculates distances between remaining representative points to obtain the maximum value and the minimum value thereof. A maximum change in the distance between the representative points is calculated. Then, strain ε is calculated using the calculated values. Here, the echo data of the scan line Ln is described as an example. The elasticity index calculator 29 calculates the strain ε for the tissue on all scan lines in the same manner as described above [0072].
After the strain ε is calculated by the elasticity index calculator 29, the image generator 28 colors the B mode image 41 of the blood vessel wall shown in FIG. 8A according to the color map indicating the magnitude of the strain ε. As shown in FIG. 8B, for example, a pixel on the scan line Ln is partitioned into areas by the representative points X0 to X8, and each area between the representative points is colored using a color map 52. In FIG. 8B, the color map 52 is shown on a gray scale for the sake of convenience. Actually, for example, the area with the high strain ε is colored with blue, and the color gets still more blue as the strain ε increases. On the contrary, the area with the low strain ε is colored with red, and the color gets still more red as the strain ε decreases [0073]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with image generator calculates a displacement at each of the plurality of positions in the scan area over a plurality of time phases, determines a time phase when the calculated displacement is substantially maximum, for each of the positions acquires positions where the determined time phases are substantially the same, as the reliability information, and generates the image data including the positions each assigned with the pixel value corresponding to the reliability information as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 3, Kim teaches all the claimed limitations as shown above except for further comprising a calculator that calculates, for each position included in the image data, at least one of a variance of the determined time phases at individual positions in a predetermined area including the foregoing position and a value based on the variance and the magnitude of the displacement, wherein the image generator further assigns, to each position included in the image data, a pixel value corresponding to the variance or the value at the position.
However, in the same field of endeavor, Miyachi teaches the elasticity index calculator 29 determines representative points in each scan line based on properties of a waveform of the echo data of a selected frame. Next, in the predetermined number of frames of echo data, a position of each representative point is identified per scan line in each frame using pattern matching based on the phase and the amplitude of the echo data [0052]. The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. The elasticity index calculator 29 calculates distances between remaining representative points to obtain the maximum value and the minimum value thereof. A maximum change in the distance between the representative points is calculated. Then, strain ε is calculated using the calculated values. Here, the echo data of the scan line Ln is described as an example. The elasticity index calculator 29 calculates the strain ε for the tissue on all scan lines in the same manner as described above [0072].
After the strain ε is calculated by the elasticity index calculator 29, the image generator 28 colors the B mode image 41 of the blood vessel wall shown in FIG. 8A according to the color map indicating the magnitude of the strain ε. As shown in FIG. 8B, for example, a pixel on the scan line Ln is partitioned into areas by the representative points X0 to X8, and each area between the representative points is colored using a color map 52. In FIG. 8B, the color map 52 is shown on a gray scale for the sake of convenience. Actually, for example, the area with the high strain ε is colored with blue, and the color gets still more blue as the strain ε increases. On the contrary, the area with the low strain ε is colored with red, and the color gets still more red as the strain ε decreases [0073]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with a calculator that calculates, for each position included in the image data, at least one of a variance of the determined time phases at individual positions in a predetermined area including the foregoing position and a value based on the variance and the magnitude of the displacement, wherein the image generator further assigns, to each position included in the image data, a pixel value corresponding to the variance or the value at the position as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 4, Kim teaches all the claimed limitations as shown above except for wherein the image generator further acquires as the reliability information, an index value of a reliability of stiffness of living tissue based on a shear wave at each of the plurality of positions in the scan area, and generates image data including position each assigned with a pixel value corresponding to the index value of the reliability of stiffness.
However, in the same field of endeavor, Miyachi teaches an index (hereinafter referred to as elasticity index) indicating elasticity or stiffness of the blood vessel wall, such as a stiffness parameter β, strain, a strain rate, or an elastic modulus, is used in arteriosclerosis examinations with displacement measurements of the blood vessel wall of the carotid artery in accordance with the cardiac cycle [0006]. The elasticity index calculator 29 determines representative points in each scan line based on properties of a waveform of the echo data of a selected frame. Next, in the predetermined number of frames of echo data, a position of each representative point is identified per scan line in each frame using pattern matching based on the phase and the amplitude of the echo data [0052]. The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. The elasticity index calculator 29 calculates distances between remaining representative points to obtain the maximum value and the minimum value thereof. A maximum change in the distance between the representative points is calculated. Then, strain ε is calculated using the calculated values. Here, the echo data of the scan line Ln is described as an example. The elasticity index calculator 29 calculates the strain ε for the tissue on all scan lines in the same manner as described above [0072].
After the strain ε is calculated by the elasticity index calculator 29, the image generator 28 colors the B mode image 41 of the blood vessel wall shown in FIG. 8A according to the color map indicating the magnitude of the strain ε. As shown in FIG. 8B, for example, a pixel on the scan line Ln is partitioned into areas by the representative points X0 to X8, and each area between the representative points is colored using a color map 52. In FIG. 8B, the color map 52 is shown on a gray scale for the sake of convenience. Actually, for example, the area with the high strain ε is colored with blue, and the color gets still more blue as the strain ε increases. On the contrary, the area with the low strain ε is colored with red, and the color gets still more red as the strain ε decreases [0073]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with image generator further acquires as the reliability information, an index value of a reliability of stiffness of living tissue based on a shear wave at each of the plurality of positions in the scan area, and generates image data including position each assigned with a pixel value corresponding to the index value of the reliability of stiffness as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 5, Kim teaches all the claimed limitations as shown above except for wherein the image generator generates a plurality of pieces of image data corresponding to a plurality of different time phases out of the determined time phases and assigns, to the respective pieces of image data, pixel values corresponding to the different determined time phases.
However, in the same field of endeavor, Miyachi teaches the area former 27 reads multiple complex baseband signals from the memory 26, and performs phase matching and addition of the complex baseband signals. Thus, data of the object of interest in a depth direction (hereinafter referred to as echo data) is generated for each scan line [0050]. The elasticity index calculator 29 determines representative points in each scan line based on properties of a waveform of the echo data of a selected frame. Next, in the predetermined number of frames of echo data, a position of each representative point is identified per scan line in each frame using pattern matching based on the phase and the amplitude of the echo data [0052]. The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. The elasticity index calculator 29 calculates distances between remaining representative points to obtain the maximum value and the minimum value thereof. A maximum change in the distance between the representative points is calculated. Then, strain ε is calculated using the calculated values. Here, the echo data of the scan line Ln is described as an example. The elasticity index calculator 29 calculates the strain ε for the tissue on all scan lines in the same manner as described above [0072]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with image generator further acquires as the reliability information, an index value of a reliability of stiffness of living tissue based on a shear wave at each of the plurality of positions in the scan area, and generates image data including position each assigned with a pixel value corresponding to the index value of the reliability of stiffness as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 6, Kim teaches all the claimed limitations as shown above except for wherein if a plurality of pieces of image data are generated corresponding to the different determined time phases, the display controller displays the pieces of image data in order from the earlier determined time phase.
However, in the same field of endeavor, Miyachi teaches to calculate the strain ε with good reproducibility, it is necessary to obtain the echo data for “M” frames of B mode images within “T” seconds (for example, seconds of one cardiac cycle). To obtain one frame (that is, one piece of B image) of the echo data, the ultrasonic beams are transmitted “N” times [0055]. The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. The elasticity index calculator 29 calculates distances between remaining representative points to obtain the maximum value and the minimum value thereof. A maximum change in the distance between the representative points is calculated. Then, strain ε is calculated using the calculated values. Here, the echo data of the scan line Ln is described as an example. The elasticity index calculator 29 calculates the strain ε for the tissue on all scan lines in the same manner as described above [0072]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with wherein if a plurality of pieces of image data are generated corresponding to the different determined time phases, the display controller displays the pieces of image data in order from the earlier determined time phase as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 7, Kim teaches all the claimed limitations as shown above except for wherein the image generator further generates second image data representing positions where index values of stiffness of living tissue based on a shear wave at individual positions in the scan area are substantially the same as each other, and the display controller further displays an image based on the second image data on the medical image.
However, in the same field of endeavor, Miyachi teaches an index (hereinafter referred to as elasticity index) indicating elasticity or stiffness of the blood vessel wall, such as a stiffness parameter β, strain, a strain rate, or an elastic modulus, is used in arteriosclerosis examinations with displacement measurements of the blood vessel wall of the carotid artery in accordance with the cardiac cycle [0006]. The elasticity index calculator 29 determines representative points in each scan line based on properties of a waveform of the echo data of a selected frame. Next, in the predetermined number of frames of echo data, a position of each representative point is identified per scan line in each frame using pattern matching based on the phase and the amplitude of the echo data [0052]. The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. The elasticity index calculator 29 calculates distances between remaining representative points to obtain the maximum value and the minimum value thereof. A maximum change in the distance between the representative points is calculated. Then, strain ε is calculated using the calculated values. Here, the echo data of the scan line Ln is described as an example. The elasticity index calculator 29 calculates the strain ε for the tissue on all scan lines in the same manner as described above [0072].
After the strain ε is calculated by the elasticity index calculator 29, the image generator 28 colors the B mode image 41 of the blood vessel wall shown in FIG. 8A according to the color map indicating the magnitude of the strain ε. As shown in FIG. 8B, for example, a pixel on the scan line Ln is partitioned into areas by the representative points X0 to X8, and each area between the representative points is colored using a color map 52. In FIG. 8B, the color map 52 is shown on a gray scale for the sake of convenience. Actually, for example, the area with the high strain ε is colored with blue, and the color gets still more blue as the strain ε increases. On the contrary, the area with the low strain ε is colored with red, and the color gets still more red as the strain ε decreases [0073]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with generates second image data representing positions where index values of stiffness of living tissue based on a shear wave at individual positions in the scan area are substantially the same as each other, and the display controller further displays an image based on the second image data on the medical image as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 8, Kim teaches all the claimed limitations as shown above except for image data representing positions where the magnitudes of the displacement at individual positions in the scan area are substantially the same as each other.
However, in the same field of endeavor, Miyachi teaches an index (hereinafter referred to as elasticity index) indicating elasticity or stiffness of the blood vessel wall, such as a stiffness parameter β, strain, a strain rate, or an elastic modulus, is used in arteriosclerosis examinations with displacement measurements of the blood vessel wall of the carotid artery in accordance with the cardiac cycle [0006]. The elasticity index calculator 29 determines representative points in each scan line based on properties of a waveform of the echo data of a selected frame. Next, in the predetermined number of frames of echo data, a position of each representative point is identified per scan line in each frame using pattern matching based on the phase and the amplitude of the echo data [0052]. The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. The elasticity index calculator 29 calculates distances between remaining representative points to obtain the maximum value and the minimum value thereof. A maximum change in the distance between the representative points is calculated. Then, strain ε is calculated using the calculated values. Here, the echo data of the scan line Ln is described as an example. The elasticity index calculator 29 calculates the strain ε for the tissue on all scan lines in the same manner as described above [0072].
After the strain ε is calculated by the elasticity index calculator 29, the image generator 28 colors the B mode image 41 of the blood vessel wall shown in FIG. 8A according to the color map indicating the magnitude of the strain ε. As shown in FIG. 8B, for example, a pixel on the scan line Ln is partitioned into areas by the representative points X0 to X8, and each area between the representative points is colored using a color map 52. In FIG. 8B, the color map 52 is shown on a gray scale for the sake of convenience. Actually, for example, the area with the high strain ε is colored with blue, and the color gets still more blue as the strain ε increases. On the contrary, the area with the low strain ε is colored with red, and the color gets still more red as the strain ε decreases [0073]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with image data representing positions where the magnitudes of the displacement at individual positions in the scan area are substantially the same as each other as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 9, Kim teaches all the claimed limitations as shown above except for calculates an arrival time when a shear wave reaches each position in the scan area with a propagation speed of the shear wave in a predetermined area and generates fourth image data representing positions where the calculated arrival times are substantially the same as each other.
However, in the same field of endeavor, Miyachi teaches an index (hereinafter referred to as elasticity index) indicating elasticity or stiffness of the blood vessel wall, such as a stiffness parameter β, strain, a strain rate, or an elastic modulus, is used in arteriosclerosis examinations with displacement measurements of the blood vessel wall of the carotid artery in accordance with the cardiac cycle [0006]. The elasticity index calculator 29 determines representative points in each scan line based on properties of a waveform of the echo data of a selected frame. Next, in the predetermined number of frames of echo data, a position of each representative point is identified per scan line in each frame using pattern matching based on the phase and the amplitude of the echo data [0052]. The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. A time required for the ultrasonic waves to travel to the target and then return to the ultrasonic transducers 16 is expressed as “2D/(Vs×102)” where D represents the depth of the target, for example, in this case, the depth of the deepest area of the carotid artery [0054]. When the wide ultrasonic beams are transmitted at a pitch P (P=2) to shift or change the group (consisting of seven ultrasonic transducers) to be driven, the ultrasonic diagnostic apparatus 10 acquires the echo data at a rate approximately P times [0063]. Also see figs. 8-10 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with image data representing positions where the magnitudes of the displacement at individual positions in the scan area are substantially the same as each other as taught by Miyachi because it is difficult to calculate the elasticity index with high reliability if the IMT values are calculated with respect to different points which this provides an ultrasonic diagnostic apparatus and a method for calculating this elasticity index, capable of calculating an elasticity index with high reliability ([0012]-[0013] of Miyachi).
Regarding claim 10, Kim teaches all the claimed limitations as shown above except for a second image generator that generates, as the medical image, an image based on fifth image data in which a pixel value corresponding to a signal intensity in B mode is assigned to each position in the scan area.
However, in the same field of endeavor, Miyachi teaches the processor 12 generates cross-sectional images such as B mode images and M mode images from the received echo waves to display them on the monitor 14. The processor 12 calculates elasticity index such as strain and elastic modulus of living tissue being observed. The processor 12 generates a strain image, that is, an image colored according to such elasticity index, and displays it on the monitor [0042]. A position of each representative point is identified per scan line in each frame using pattern matching based on the phase and the amplitude of the echo data [0052]. The elasticity index calculator 29 reads echo data of a certain frame on a line-by-line basis to determine representative points based on the phase and amplitude of the echo data. For example, the elasticity index calculator 29 determines representative points [0068]. A time required for the ultrasonic waves to travel to the target and then return to the ultrasonic transducers 16 is expresse