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 .
Notice of Reply
This communication is response to Applicant’s amendment(s) and/or argument(s) filed 11/13/25. The previous ground(s) of rejection is/are withdrawn and the following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hyuga (US 2015/0272541 A1).
For claim 1, Ishihara discloses a thickness calculation method (Figs 13-23B) ([0155-0201]) for calculating a thickness of a predetermined tissue in a living body by at least one processor (1200a), the thickness calculation method comprising inter alia:
acquiring, by the least one processor, a reception signal (1220) from an ultrasonic probe (probe for 1210) (Figs 13-23B) ([0155-0201]), the ultrasonic probe being configured to output the reception signal by transmitting an ultrasonic wave into the living body and receiving the ultrasonic wave reflected in the living body (Figs 13-23B) ([0155-0201]);
extracting, by the least one processor, a plurality of boundary candidates (1420) (Figs 13-23B) ([0155-0201]) from the reception signal;
acquiring, by the least one processor, feature information based on at least one change in the reception signal (Figs 13-23B) ([0155-0201]), wherein the feature information includes physical information on the living body (Figs 13-23B) ([0155-0201]);
applying, by the least one processor, a machine learning model ([0195]) to the feature information and the plurality of boundary candidate (Figs 13-23B) ([0155-0201]) ; and
acquiring, by the at least one processor, boundary information based on the application of the machine learning model, wherein the boundary information indicates whether at least one boundary candidate of the plurality of boundary candidates is a boundary of the predetermined tissue in the living body (Figs 13-23B) ([0155-0201]); and
calculating, by the at least one processor, the thickness of the predetermined tissue based on the boundary information (1450).
For claim 2, Hyuga discloses the thickness calculation method according to claim 1, further comprising inter alia:
acquiring, by the at least one processor, a plurality of reception signals (1220) acquired from the ultrasonic probe including a plurality of ultrasonic transmission and reception units that transmit and receive a plurality of ultrasonic waves along different lines (Figs 13-23B) ([0155-0201]), wherein
the plurality of reception signals is output from the plurality of ultrasonic transmission and reception units (Figs 13-23B) ([0155-0201]),
the plurality of reception signals includes the reception signal (Figs 13-23B) ([0155-0201]), and
the plurality of ultrasonic waves includes the ultrasonic wave (Figs 13-23B) ([0155-0201]);
extracting, by the at least one processor, the plurality of boundary candidate of each of the plurality of reception signals (Figs 13-23B) ([0155-0201]);
acquiring, by the at least one processor, the feature information of each of the plurality of reception signals (Figs 13-23B) ([0155-0201]); and
applying, by the at least one processor, the machine learning model to the plurality of boundary candidates and the feature information acquired from each of the plurality of reception signals (Figs 13-23B) ([0155-0201]).
For claim 3, Hyuga discloses the thickness calculation method according to claim 1, wherein the boundary information includes:
first boundary information indicating a position of a boundary between a first tissue and a second tissue adjacent to the first tissue in the living body (Figs 13-23B) ([0155-0201]); and
second boundary information indicating a position of a boundary between the second tissue and a third tissue adjacent to the second tissue in the living body (Figs 13-23B) ([0155-0201]),
the thickness calculation method further comprises, by the at least one processor, a thickness of the second tissue based on the first boundary information and the second boundary information (Figs 13-23B) ([0155-0201]), and
the second tissue corresponds to the predetermined tissue (Figs 13-23B) ([0155-0201]).
For claim 4, Hyuga discloses the thickness calculation method according to claim 2, wherein the boundary information includes:
first boundary information indicating a position of a boundary between a first tissue and a second tissue adjacent to the first tissue in the living body (Figs 13-23B) ([0155-0201]); and
second boundary information indicating a position of a boundary between the second tissue and a third tissue adjacent to the second tissue in the living body (Figs 13-23B) ([0155-0201]),
the thickness calculation method further comprises calculating, by the at least one processor, a thickness of the second tissue based on the first boundary information and the second boundary information (Figs 13-23B) ([0155-0201]), and
the second tissue corresponds to the predetermined tissue (Figs 13-23B) ([0155-0201]).
For claim 5, Hyuga discloses the thickness calculation method according to claim 1, further comprising inter alia:
acquiring, by the at least one processor, the feature information including a standard deviation ([0178]) of the reception signal within a predetermined range centered on the at least one boundary candidate of the reception signal (Figs 13-23B) ([0155-0201]) .
For claim 6, Hyuga discloses the thickness calculation method according to claim 4, further comprising inter alia:
acquiring, by the at least one processor, the feature information including a standard deviation ([0178]) of the reception signal within a predetermined range centered on the at least one boundary candidate of the reception signal (Figs 13-23B) ([0155-0201]).
For claim 10, Hyuga discloses a non-transitory computer-readable storage medium (software of 1200a) (Figs 13-23B) ([0155-0201]) storing a thickness calculation program (Figs 13-23B) ([0155-0201]) that is readable and executable by a computer (1200a), the program causing the computer to perform the thickness calculation method according to claim 1 (Figs 13-23B) ([0155-0201]) .
Response to Arguments
Applicant’s arguments, see pages 11-14, filed 11/13/25, with respect to the statutory nature of the claims in view of the amendments have been fully considered and are persuasive. The 101 rejection of the claims has been withdrawn.
Applicant’s arguments with respect to claim(s) 11/13/25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791