DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 07/16/2026 have been fully considered but they are not persuasive.
Regarding rejection on claim 1, applicant argued that the clinician of Hamerslag controls the acquisition of live images directly, and it is the roadmap that then responds to this clinician control. In contrast, the user of claim 1 provides an input to a reference image, and it is the input to the reference image that in turn causes an adjustment to the live image feed. Hamerslag provides no disclosure by which the clinician can control the image acquisition machine solely by providing an input to a reference image, such as the roadmap. Applicant then argued there is no input to a reference image in Mine.
However, examiner respectfully disagrees. With respect to argued claim, unless a field of view of the reference image and a field of view of the living imaging feed are already part of each other, automatic alignment of different fields of view at different locations of vessels would be futile. To one ordinary skill in the art, “region of interest (corresponding to a field of view) of the live fluoroscopic imaging is shifted, the vessel roadmap display is corresponding shifted to maintain positional alignment between the live fluoroscopic imaging and the vessel roadmap” in Hamerslag (paragraph 0008) would be necessary. So, instead of being distinct, clinician's manual control in Hamerslag would be considered as embedded process but unclaimed in the argued claim. Also, it is doubtful that claimed "the one or more processors" can automatically adjust the live imaging feed based on the input to the reference image (page 3 of filed REMARKS).
In filed specification of instant application (PGPub US2023/0306620), “aligning the live imaging feed and the reference image using one or more processors identifying an area of interest on the reference image” is to convert the coordinates of the area of interest on the reference image to match the coordinates of the live imaging feed (paragraphs 0006, 0105).
Similarly, Hamerslag teach alignment of device phase field of view data (live image feed) and vessel phase filed of view data (reference image feed) (paragraphs 0010, 0017).
As for “receiving user input associated with the reference image, adjusting the field of view of the reference image based on the user input, and automatically adjusting the field of view of the live imaging feed based on the user input to the reference image. According to aspects of the disclosure, the user input may be a selected zoom level” in filed specification, it is under pre-condition that “objects represented in a field of view of the reference image correspond to objects represented in a field of view of the live imaging feed” (paragraphs 0005, 0009 of PGPub US2023/0306620). Such pre-condition is mentioned above and taught by Hamerslag.
When Hamerslag’s field of views between live feed and reference feed are aligned, can field of view on a live image be automatically aligned to user input (e.g., selected zoom) on a reference image? Hamerslag teach having field of view of reference image to automatically zoom based on live view (paragraph 0017). Nevertheless, Mine teach “the reference image and the live image are displayed in synchronism with each other so as to match temporal information or spatial information therebetween” (claims 9, 19), wherein “synchronism” implies either way, e.g., from the reference image to the live image or from the live image to the reference image. Mine also teaches selecting a frame from reference image as reference to execute processing of matching an observation angle, magnification, positional relationship, temporal information, and the like.
[0048] The display control unit 18 then performs predetermined image processing for the acquired past image (step S13). In this case, the predetermined image processing includes the processing of matching an observation angle, magnification, positional relationship, temporal information, and the like between the reference image and the live image and the processing of matching a luminance, dynamic range, and image filter between the reference image and the live image. For example, the display control unit 18 executes positional relationship matching with reference to a plurality of characteristic regions designated in advance. If a reference image is a moving image, for example, the display control unit 18 executes this processing with reference to an image subjectively determined as an equivalent frame by the operator. If, for example, a treatment target is the heart and a reference image is matched with information about a cardiac time phase, temporal information matching is executed to match the cardiac time phase of the reference image with that of the live image or the second reference image.
Mine does teach operator input to reference image (paragraphs 0036, 0042; zoom button shown in Figs. 3-4 for reference image). To one of ordinary skill in the art, Mine furthers advances teaching of Hamerslag, such that alignment between live image and reference image can go either way in response to user input. So, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Thus, rejection is proper and maintained.
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.
Claim(s) 1, 6 ,8-11, 16, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hamerslag (US2020/0029924) in view of Mine (US2008/0193004).
To claim 1, Hamerslag teach a method, comprising:
accessing, using one or more processors, a live imaging feed of a blood vessel (Fig. 2; paragraphs 0034, 0038, 0041, live fluoroscopic imaging data 26, intrabody angiographic imaging data 28);
receiving, using the one or more processors, a reference image of the blood vessel (Fig. 2; paragraph 0035, vessel map 14; paragraph 0044, angiographic vessel mask image 40, fluoroscopic mask image 42);
aligning, using the one or more processors, the live imaging feed and the reference image such that objects represented in a field of view of the reference image correspond to objects represented in a field of view of the live imaging feed (paragraphs 0008, 0016, 0035-0036, 0050, 0060, correspondingly pans the vessel map 14 and overlays the live fluoroscopic imaging 26; paragraphs 0045-0046, correspond the angiographic vessel mask image 40 from the angiographic vessel imaging 28, correspond the fluoroscopic mask image 42 from the live fluoroscopic image 26);
receiving user input associated with the reference image; adjusting, using the one or more processors, the field of view of the reference image based on the user input (paragraphs 0008, 0012, 0017, 0033, 0051, 0054, 0056, user’s entries through the user interface cause field of view changes to be carried out); and automatically adjusting, using the one or more processors, the field of view of the live imaging feed based on the user input to the reference image (paragraphs 0036-0037, display capable of presenting a combination of live fluoroscopic image 26 and vessel map 14, user interface 114, in embodiments, to allow a clinician to control a field of view of the image acquisition machine 30. In particular, a field of view size and iso-center position is able to be changed through the user interface 114; paragraph 0042, the vessel roadmap 14 pans automatically; paragraph 0064, adapted to operate automatically and/or to execute the orders of a user).
But, Hamerslag teach the live imaging feed is simultaneously displayed with respect to the reference image; user input indicating a change in field of view for the reference image; automatically adjusting the field of view of the live imaging feed that is simultaneously displayed with respect to the reference image.
Mine teach an image acquisition system simultaneously displaying reference image and live image (S13 of Fig. 5A; paragraph 0048), manually inputting indication a change in field of view for the reference image (S14 of Fig. 5A; paragraphs 0036, 0042, set a region of interest, etc.), and automatically adjusting the field of view of the live imaging feed that is simultaneously displayed with respect to the reference image (paragraphs 0048, 0060, claim 9 on page 5; displays the reference image and the live image in synchronism with each other so as to match temporal information or spatial information therebetween; matching an observation angle, magnification, positional relationship, temporal information, and the like between the reference image and the live image and the processing of matching a luminance, dynamic range, and image filter between the reference image and the live image).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate teaching of Mine into the method of Hamerslag, in order to implement synchronism for imaging comparison.
To claim 6, Hamerslag and Mine teach claim 1.
Hamerslag teach wherein object includes at least a portion of a blood vessel (abstract).
To claim 8, Hamerslag and Mine teach claim 1.
Hamerslag teach wherein the reference image comprises a still extraluminal image co-registered with intravascular data, wherein the intravascular data is derived from an intravascular device that collects data using at least one of optical coherence tomography (OCT), intravascular ultrasound, near-infrared spectroscopy, or micro-OCT (paragraph 0044, angiographic vessel mask image 40, fluoroscopic mask image 42).
To claim 9, Hamerslag and Mine teach claim 1.
Hamerslag teach wherein the reference image further comprises a surgical guide overlay (abstract, paragraph 0016).
To claim 11, Hamerslag and Mine teach a system (Figs. 1-2; as explained in response to claim 1 above).
To claim 16, Hamerslag and Mine teach claim 11.
Hamerslag teach wherein object includes at least a portion of a blood vessel (abstract).
To claim 18, Hamerslag and Mine teach claim 11.
Hamerslag teach wherein the reference image comprises a still extraluminal image co-registered with intravascular data, wherein the intravascular data is derived from an intravascular device that collects data using at least one of optical coherence tomography (OCT), intravascular ultrasound, near-infrared spectroscopy, or micro-OCT (paragraph 0044, angiographic vessel mask image 40, fluoroscopic mask image 42).
To claim 19, Hamerslag and Mine teach claim 11.
Hamerslag teach wherein the reference image further comprises a surgical guide overlay (abstract, paragraph 0016).
To claims 10 and 20, Hamerslag and Mine teach claims 1 and 11.
Hamerslag and Mine teach wherein the adjusting the reference image and the live imaging feed, the user input comprises simultaneously panning the live imaging feed and the reference image (Mine, paragraph 0048, observation angle, positional relationship).
Claim(s) 2, 7, 12, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hamerslag (US2020/0029924) in view of Mine (US2008/0193004) and Anderson et al. (US10751015).
To claims 2 and 12, Hamerslag and Mine teach claims 1 and 11.
Hamerslag and Mine teach wherein the user input comprises a selected zoom level (Mine, paragraph 0048, magnification, obvious by operator input).
Anderson teach user input comprises a selected zoom level (618, 620 of Fig. 6; column 14 lines 20-30), which would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate into the method and system of Hamerslag and Mine, in order to provide zoom control.
To claims 7 and 17, Hamerslag and Mine teach claims 1 and 11.
Hamerslag and Mine teach wherein the live imaging feed comprises an intravascular image derived from an imaging system based on angiography, fluoroscopy, x-ray, nuclear magnetic resonance, or computer aided tomography (Hamerslag, abstract).
Anderson teach the live imaging feed comprises an intravascular image derived from an imaging system based on angiography, fluoroscopy, x-ray, nuclear magnetic resonance, or computer aided tomography (column 2 lines 23-41, column 22 lines 20-41), which would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate into the method of Hamerslag and Mine, in order to expand imaging area.
Claim(s) 3-5, 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hamerslag (US2020/0029924) in view of Mine (US2008/0193004), Anderson et al. (US10751015) and Cohen et al. (US11197651).
To claims 3 and 13, Hamerslag, Mine and Anderson teach claims 2 and 12.
Hamerslag, Mine and Anderson teach wherein aligning the live imaging feed and the reference image further comprises: identifying, using one or more processors, an area of interest on the reference image (Hamerslag, paragraphs 0051-0054; Anderson, abstract); calculating, using one or more processors, a scale factor based on a size of the objects represented in the field of view of the reference image and a size of the objects represented in the field of view of the live imaging feed (Anderson, column 14 lines 20-30), but do not expressly disclose wherein the fields of view are associated with a grid; identifying, using one or more processors, a point of origin of the grid associated with the live imaging feed; transposing, using one or more processors, the point of origin onto the reference image; calculating, using one or more processors, a distance coordinate based on the distance between the area of interest and the transposed point of origin; and converting, using one or more processors, coordinates of the area of interest to match coordinates of the live imaging feed, based on the scale factor and the distance coordinate.
Cohen teach the fields of view are associated with a grid; identifying, using one or more processors, a point of origin of the grid associated with the live imaging feed; transposing, using one or more processors, the point of origin onto the reference image; calculating, using one or more processors, a distance coordinate based on the distance between the area of interest and the transposed point of origin; and converting, using one or more processors, coordinates of the area of interest to match coordinates of the live imaging feed, based on the scale factor and the distance coordinate (abstract, column 49 lines 53-56, column 65 lines 11-29), which would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of Hamerslag, Mine and Anderson, in order to further presentation feature.
To claims 4 and 14, Hamerslag, Mine, Anderson and Cohen teach claims 3 and 13.
Hamerslag, Mine, Anderson and Cohen teach wherein the scale factor is based on the selected zoom level and is calculated as a ratio of a zoomed reference image and a non-zoomed reference image (Cohen, column 65 lines 11-29; specific implementation of scale factor is well-known in the art which would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate by design preference, hence Official Notice is taken).
.
To claims 5 and 15, Hamerslag, Mine, Anderson and Cohen teach claims 3 and 13.
Hamerslag, Mine, Anderson and Cohen teach further comprising simultaneously displaying, using one or more processors, the converted area of interest on the reference image based on the converted coordinates and the live imaging feed (Cohen, column 52 lines 51-67, simultaneously adjustment would be obvious since user control is with respect to a live imaging feed).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHIYU LU whose telephone number is (571)272-2837. The examiner can normally be reached Weekdays: 8:30AM - 5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen R Koziol can be reached at (408) 918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ZHIYU . LU
Primary Examiner
Art Unit 2669
/ZHIYU LU/Primary Examiner, Art Unit 2665 September 13, 2026
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