DETAILED ACTION
This office action is in response to the communication received on 09/30/2025 concerning application no. 18/190,756 filed on 03/27/2023.
Claims 1-2, 4-6, 8, 10-15, and 19-20 are pending (Claim 19 is withdrawn from consideration).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 .
Response to Arguments
Applicant’s arguments with respect to claims 1 and 2 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.
Applicant's arguments filed 09/30/2025 have been fully considered but they are not persuasive.
Regarding the rejection of claim 11, Applicant argues that Tabaru uses the viscosity coefficient in ROI control. Applicant argues that it fails to perform the determination of the elements and parameters according the length and width of the ROI.
Examiner disagrees. MPEP 2145 establishes “If a prima facie case of obviousness is established, the burden shifts to the applicant to come forward with arguments and/or evidence to rebut the prima facie case. See, e.g., In re Dillon, 919 F.2d 688, 692, 16 USPQ2d 1897, 1901 (Fed. Cir. 1990) (en banc). Rebuttal evidence and arguments can be presented in the specification, In re Soni, 54 F.3d 746, 750, 34 USPQ2d 1684, 1687 (Fed. Cir. 1995), by counsel, In re Chu, 66 F.3d 292, 299, 36 USPQ2d 1089, 1094-95 (Fed. Cir. 1995), or by way of an affidavit or declaration under 37 CFR 1.132, e.g., Soni, 54 F.3d at 750, 34 USPQ2d at 1687; In re Piasecki, 745 F.2d 1468, 1474, 223 USPQ 785, 789-90 (Fed. Cir. 1984). However, arguments of counsel cannot take the place of factually supported objective evidence. See, e.g., In re Huang, 100 F.3d 135, 139-40, 40 USPQ2d 1685, 1689 (Fed. Cir. 1996); In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196 (Fed. Cir. 1984).” In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the preclusion of the use of a viscosity coefficient) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). 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). Tabaru in paragraph 0079 teaches that the size of the ROI is assessed and the angle theta is according to the width in the lateral and depth directions of the ROI. While it may also use a viscosity coefficient, nothing in the claim precludes the use of the use of the coefficient. The use of the width in the lateral and depth directions of the ROI are also being used according to Tabaru.
Examiner maintains the rejection.
Drawings
The drawings were received on 09/30/2025. These drawings are acceptable.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein before beam-forming, by the beam former, the multiple groups of channel data at the first group of beam-forming points by using the first beam-forming procedure, the method further comprises: obtaining an imaging setting of current ultrasonic imaging, and determining a beam-forming procedure matching the imaging setting from a plurality of predetermined beam-forming procedures as the first beam-forming procedure based on the imaging setting, wherein the imaging setting comprises at least one of an ultrasonic probe type, a probe scan mode, and a type of the biological tissue under examination” (Claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Specification
The amendment filed 09/30/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: It removes optional limitations and changes the equations and its variables.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 2 and 20 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 2 is indefinite for the following reasons:
Recites “segmenting a part other than the region of interest from the first ultrasonic image, splicing the second ultrasonic image of the region of interest with the part other than the region of interest segmented from the first ultrasonic image to obtain a fused image, and displaying the fused image”. This claim element is indefinite. It would be unclear to one with ordinary skill in the art if the image is fused or spliced together. Fusion involves the merging of the image data while splicing is the stitching of image data.
Applicant is encouraged to provide consistent and clear language.
Claim 20 is indefinite for the following reasons:
Recites “wherein the first beam- forming procedure differing from the second beam-forming procedure in principles comprises that the first beam-forming procedure and the second beam-forming procedure use different algorithms, wherein the algorithm comprises: a delay and sum beam forming procedure, a minimum variance beam forming procedure, a coherent factor beam forming procedure, an incoherent beam forming procedure, or a frequency domain beam forming procedure”. This claim element is indefinite. The claim establishes different algorithms. It would be unclear to one with ordinary skill in the art what algorithm is being referred to.
Applicant is encouraged to provide consistent and clear language.
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, 4-6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Dittmer et al. (PGPUB No. US 2018/0246208) in view of Call et al. (PGPUB No. US 2013/0253325) further in view of Wilkening et al. (PGPUB No. US 2012/0215110).
Regarding claim 1, Dittmer teaches the ultrasonic imaging method, performed by an ultrasonic imaging apparatus comprising an ultrasonic probe, a beam former, a display and a processor (Fig. 1 shows a beamformer, processor, display, and ultrasound probe), the method comprising:
controlling, by the processor, the ultrasonic probe to transmit ultrasonic waves to a biological tissue under examination and receive echoes from the biological tissue under examination to obtain multiple groups of channel data (Paragraph 0030 teaches the transmission and reception of ultrasound for the imaging oof a volumetric region. The microbeamformers allows for sub-array manipulation to control the number of amount of channels that are used);
beam-forming, by the beam former, the multiple groups of channel data at a first group of beam-forming points by using a first beam-forming procedure to obtain beam-formed data of the first group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information);
generating, by the processor, a first ultrasonic image of the biological tissue under examination according to the beam-formed data of the first group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information);
determining, by the processor, a region of interest in the first ultrasonic image (Paragraph 0032 teaches that the ROI can be identified within the image);
beam-forming, by the beam former, the multiple groups of channel data at a second group of beam-forming points by using a second beam-forming procedure to obtain beam-formed data of the second group of beam-forming points, the second group of beam-forming points corresponding to respective location points in the region of interest (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI and its coordinate information. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. See Fig. 5);
generating, by the processor, a second ultrasonic image of the region of interest according to the beam-formed data of the second group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. See Fig. 5); and
displaying, by the display, the first ultrasonic image and the second ultrasonic image in a fusion manner (Paragraphs 0049-50 teaches that the ROI image’s detailed view is shown within the volumetric region. See Fig. 6),
wherein before beam-forming, by the beam former, the multiple groups of channel data at the first group of beam-forming points by using the first beam-forming procedure, the method further comprises: obtaining an imaging setting of current ultrasonic imaging, and determining a beam-forming procedure matching the imaging setting from a plurality of predetermined beam-forming procedures as the first beam-forming procedure based on the imaging setting (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity. These patterns are displayed for selection and allow for a feedback loop for optimization and control).
However, Dittmer is silent regarding an ultrasonic imaging method, comprising:
the first group of beam-forming points corresponding to respective location points in the biological tissue under examination in a space covered by the ultrasonic waves; and
wherein the imaging setting comprises at least one of an ultrasonic probe type, a probe scan mode, and a type of the biological tissue under examination.
In an analogous imaging field of endeavor, regarding beamforming ultrasound waves, Call teaches an ultrasonic imaging method, comprising:
the first group of beam-forming points corresponding to respective location points in the biological tissue under examination in a space covered by the ultrasonic waves (Paragraph 0102 teaches that the beamforming is controlled based on the location of the ROI points and the corresponding pixels based on time delays between a transmit time and a receive time).
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 Dittmer with Call’s teaching of control of beamforming according to location position of the biological tissue. This modified apparatus would allow the user to assess physical location of an ROI point represented by a given image pixel may be determined (relative to the probe) with a high degree of accuracy (Paragraph 0107 of Call). Furthermore, the modification improving the quality of ultrasound images (Abstract of Call). Also, the modification allows for the consideration of the variation between an assumed speed-of-sound and an actual value for a particular scatterer path that may cause errors in beamforming (Paragraph 0102 of Call).
However, Call is silent regarding a method, wherein the imaging setting comprises at least one of an ultrasonic probe type, a probe scan mode, and a type of the biological tissue under examination.
In an analogous imaging field of endeavor, regarding beamforming ultrasound, Wilkening teaches a method, wherein the imaging setting comprises at least one of an ultrasonic probe type, a probe scan mode, and a type of the biological tissue under examination (Paragraph 0103 teaches the control of beamforming according to the user input of the anatomy type).
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 Dittmer and Call with Wilkening’s teaching of user input for the image setting. This modified method allows for improved clinical diagnosis (Paragraph 0021 of Wilkening). Furthermore, the modification allows for the acquisition and accurate analysis of the imaged area (Paragraph 0022 of Wilkening).
Regarding claim 4, modified Dittmer teaches the method in claim 3, as discussed above.
Dittmer further teaches a method, wherein the imaging setting further comprises an imaging parameter for ultrasonic imaging (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity).
Regarding claim 5, modified Dittmer teaches the method in claim 1, as discussed above.
Dittmer further teaches a method, before said beam-forming, by the beam former, the multiple groups of channel data at the second group of beam-forming points by using the second beam-forming procedure, further comprising:
determining the second beam-forming procedure from the plurality of predetermined beam-forming procedures based on a region image within the region of interest in the first ultrasonic image (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity. These patterns are displayed for selection and allow for a feedback loop for optimization and control); or
displaying a plurality of beam-forming selection items on a display interface after determining the region of interest, each beam-forming selection item being associated with at least one beam-forming procedure; and detecting a selection instruction generated based on a user's selection instruction on the beam-forming selection items to determine the second beamforming procedure based on the selection instruction (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity. These patterns are displayed for selection and allow for a feedback loop for optimization and control).
Regarding claim 6, modified Dittmer teaches the method in claim 5, as discussed above.
Dittmer further teaches a method, wherein said determining the second beam-forming procedure from a plurality of predetermined beam-forming procedures based on a region image within the region of interest in the first ultrasonic image comprises:
obtaining tissue information contained in the region image within the region of interest in the first ultrasonic image, and determining the second beam-forming procedure from the plurality of predetermined beam-forming procedures based on the tissue information (Paragraph 0032 teaches that the user input can define the location and size of the ROI within the wide view. Figs. 5-6 show the ROI in the wide view. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. Paragraph 0050 teaches that the ROI is updated in real time).
Regarding claim 8, modified Dittmer teaches the method in claim 1, as discussed above.
Dittmer further teaches a method, wherein the plurality of predetermined beam-forming procedures comprise at least two of a delay and sum beam forming procedure, a minimum variance beam forming procedure, a coherent factor beam forming procedure, an incoherent beam forming procedure, and a frequency domain beam forming procedure (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0031 teaches that the beamformed signals are coherent echo signals).
Regarding claim 10, modified Dittmer teaches the method in claim 1, as discussed above.
Dittmer further teaches a method, wherein the first beam-forming procedure differs from the second beam-forming procedure in at least one of principles, steps and parameters (Paragraph 0032 teaches that the user input can define the location and size of the ROI within the wide view. Figs. 5-6 show the ROI in the wide view. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. Paragraph 0050 teaches that the ROI is updated in real time).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Dittmer et al. (PGPUB No. US 2018/0246208) in view of Call et al. (PGPUB No. US 2013/0253325) further in view of Somphone et al. (PGPUB No. US 2019/0216439).
Regarding claim 2, Dittmer teaches an ultrasonic imaging method performed by an ultrasonic imaging apparatus comprising an ultrasonic probe, a beam former, a display and a processor (Fig. 1 shows a beamformer, processor, display, and ultrasound probe), the method comprising:
controlling, by the processor, the ultrasonic probe to transmit ultrasonic waves to a biological tissue under examination and receive echoes from the biological tissue under examination to obtain multiple groups of channel data (Paragraph 0030 teaches the transmission and reception of ultrasound for the imaging oof a volumetric region. The microbeamformers allows for sub-array manipulation to control the number of amount of channels that are used);
beam-forming, by the beam former, the multiple groups of channel data at a first group of beam-forming points by using a first beam-forming procedure to obtain first beam-formed data of the first group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information);
generating, by the processor, a first ultrasonic image of the biological tissue under examination according to the first beam-formed data of the first group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information);
determining, by the processor, a region of interest in the first ultrasonic image (Paragraph 0032 teaches that the ROI can be identified within the image);
generating, by the processor, a second ultrasonic image of the region of interest according to the beam-formed data of the second group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. See Fig. 5); and
displaying the fused image (Paragraphs 0049-50 teaches that the ROI image’s detailed view is shown within the volumetric region. See Fig. 6).
However, Dittmer is silent regarding an ultrasonic imaging method, comprising:
the first group of beam-forming points corresponding to respective location points in the biological tissue under examination in a space covered by the ultrasonic waves;
beam-forming, by the beam former, the multiple groups of channel data at the first group of beam-forming points by using a second beam-forming procedure to obtain second beam-formed data of the first group of beam-forming points;
selecting, by the processor, data corresponding to location points falling within the region of interest from the first group of beam-forming points as beam-formed data of second group of beam-forming points;
segmenting a part other than the region of interest from the first ultrasonic image, splicing the second ultrasonic image of the region of interest with the part other than the region of interest segmented from the first ultrasonic image to obtain a fused image.
In an analogous imaging field of endeavor, regarding beamforming ultrasound waves, Call teaches an ultrasonic imaging method, the first group of beam-forming points corresponding to respective location points in the biological tissue under examination in a space covered by the ultrasonic waves (Paragraph 0102 teaches that the beamforming is controlled based on the location of the ROI points and the corresponding pixels based on time delays between a transmit time and a receive time);
beam-forming, by the beam former, the multiple groups of channel data at the first group of beam-forming points by using a second beam-forming procedure to obtain second beam-formed data of the first group of beam-forming points (Paragraph 0080 teaches that the weighting factor values are applied during the beamforming. Paragraphs 0142-43 teaches that the obstacles can be weighted to reduce the noise that is generated during the beamforming. Paragraph 0117 teaches that the transmit and receive apertures with respect to the ROI point can be determined and the weighting factors are considered according to a look up table. Tables 1-2 teach the weighting for the blocked transmit aperture. Paragraphs 0102-03 teach that the beamforming is done in order to determine the location of the ROI points and the corresponding pixels based on the time delays. Paragraph 0109 teaches that the beamforming may be automated),
selecting, by the processor, data corresponding to location points falling within the region of interest from the first group of beam-forming points as beam-formed data of second group of beam-forming points (Paragraphs 0102-03 teach that the beamforming is done in order to determine the location of the ROI points and the corresponding pixels based on the time delays. Paragraph 0109 teaches that the beamforming may be automated).
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 Dittmer with Call’s teaching of control of beamforming according to location position of the biological tissue. This modified apparatus would allow the user to assess physical location of an ROI point represented by a given image pixel may be determined (relative to the probe) with a high degree of accuracy (Paragraph 0107 of Call). Furthermore, the modification improving the quality of ultrasound images (Abstract of Call). Also, the modification allows for the consideration of the variation between an assumed speed-of-sound and an actual value for a particular scatterer path that may cause errors in beamforming (Paragraph 0102 of Call).
However, Call is silent regarding an ultrasonic imaging method, segmenting a part other than the region of interest from the first ultrasonic image, splicing the second ultrasonic image of the region of interest with the part other than the region of interest segmented from the first ultrasonic image to obtain a fused image.
In an analogous imaging field of endeavor, regarding image fusion, Somphone teaches an ultrasonic imaging method, segmenting a part other than the region of interest from the first ultrasonic image, splicing the second ultrasonic image of the region of interest with the part other than the region of interest segmented from the first ultrasonic image to obtain a fused image (Paragraph 0016 teaches the splicing of the previous and current images together to have the ROI present in the current image in a stabilized manner. Paragraph 0044 teaches the image data is segmented. See Figs. 4-7).
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 the combination of Dittmer and Call with Somphone’s teaching of splicing ROI between images. This modified method allows for the user to stabilize ultrasound images (Paragraph 0001 of Somphone). Furthermore, the modification will increase the clarity and ease of viewing (Paragraph 0005 of Somphone).
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Dittmer et al. (PGPUB No. US 2018/0246208) in view of Call et al. (PGPUB No. US 2013/0253325) further in view of Tabaru et al. (PGPUB No. US 2015/0133783).
Regarding claim 11, Dittmer teaches a ultrasonic imaging method, performed by an ultrasonic imaging apparatus comprising an ultrasonic probe, a beam former, a display and a processor (Fig. 1 shows a beamformer, processor, display, and ultrasound probe), the method comprising:
controlling, by the processor, the ultrasonic probe to transmit first ultrasonic waves to a biological tissue under examination and receive echoes from the biological tissue under examination to obtain a first channel data (Paragraph 0030 teaches the transmission and reception of ultrasound for the imaging oof a volumetric region. The microbeamformers allows for sub-array manipulation to control the number of amount of channels that are used);
beam-forming, by the beam former, the first channel data at a first group of beam-forming points using a first beam-forming procedure to obtain beam-formed data of the first group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information);
generating, by the processor, a first ultrasonic image of the biological tissue under examination according to the beam-formed data of the first group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information);
determining, by the processor, a region of interest based on the first ultrasonic image (Paragraph 0032 teaches that the ROI can be identified within the image);
controlling, by the processor, the ultrasonic probe to transmit second ultrasonic waves to the region of interest and receive echoes from the region of interest to obtain a second channel data (Paragraph 0032 teaches that the user input can define the location and size of the ROI. Paragraph 0058 teaches that the parameters for the imaging can be defined and the drive mechanism is controlled accordingly for the optimization of the ROI. Paragraph 0050 teaches that the ROI is updated in real time);
beam-forming, by the beam former, the second channel data at a second group of beamforming points using a second beam-forming procedure to obtain beam-formed data of the second group of beam-forming points, the second group of beam-forming points corresponding to respective location points in the region of interest, wherein the first beam-forming procedure differs from the second beam-forming procedure in at least one of principles, steps or parameters (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI and its coordinate information. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. See Fig. 5. Paragraph 0032 teaches that the user input can define the location and size of the ROI within the wide view. Figs. 5-6 show the ROI in the wide view. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. Paragraph 0050 teaches that the ROI is updated in real time);
generating, by the processor, a second ultrasonic image according to the beam-formed data of the second group of beam-forming points (Paragraph 0031 teaches the partial beamforming from a group of transducers. The beamforming signal is representing the ultrasound data and the ultrasound signal can be converted to an image format via coordinate information. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. See Fig. 5); and
displaying, by the display, the first ultrasonic image and the second ultrasonic image in a fusion manner (Paragraphs 0049-50 teaches that the ROI image’s detailed view is shown within the volumetric region. See Fig. 6).
However, Dittmer is silent regarding an ultrasonic imaging method, the first group of beam-forming points corresponding to respective location points in the biological tissue under examination in a space covered by the ultrasonic waves:
calculating data about a length and a width of the region of interest, determining transmitting array elements and transmitting beam parameters according to the data about the length and the width of the region of interest, and controlling the transmitting array elements on the ultrasonic probe to transmit the second ultrasonic waves to the region of interest according to the transmitting beam parameters.
In an analogous imaging field of endeavor, regarding beamforming ultrasound waves, Call teaches an ultrasonic imaging method, the first group of beam-forming points corresponding to respective location points in the biological tissue under examination in a space covered by the ultrasonic waves (Paragraph 0102 teaches that the beamforming is controlled based on the location of the ROI points and the corresponding pixels based on time delays between a transmit time and a receive time).
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 Dittmer with Call’s teaching of control of beamforming according to location position of the biological tissue. This modified apparatus would allow the user to assess physical location of an ROI point represented by a given image pixel may be determined (relative to the probe) with a high degree of accuracy (Paragraph 0107 of Call). Furthermore, the modification improving the quality of ultrasound images (Abstract of Call). Also, the modification allows for the consideration of the variation between an assumed speed-of-sound and an actual value for a particular scatterer path that may cause errors in beamforming (Paragraph 0102 of Call).
However, Call is silent regarding an ultrasonic imaging method,
calculating data about a length and a width of the region of interest, determining transmitting array elements and transmitting beam parameters according to the data about the length and the width of the region of interest, and controlling the transmitting array elements on the ultrasonic probe to transmit the second ultrasonic waves to the region of interest according to the transmitting beam parameters
In an analogous imaging field of endeavor, regarding ultrasound imaging, Tabaru teaches an ultrasound imaging method, calculating data about a length and a width of the region of interest, determining transmitting array elements and transmitting beam parameters according to the data about the length and the width of the region of interest, and controlling the transmitting array elements on the ultrasonic probe to transmit the second ultrasonic waves to the region of interest according to the transmitting beam parameters (Paragraphs 0079 teaches that the size of the ROI is assessed and the angle theta is according to the width in the lateral and depth directions of the ROI. This is used to control the values that are set with respect to the focal point. The feedback parameter changes and can be the center frequency viscosity, and the angle theta is used for the conditions for applying the displacement generating ultrasonic wave beam such as the F value, frequency, focal length, and the push pulse transmission conditions and the pushing beam application).
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 the combination of Dittmer and Call with Tabaru’s teaching of control according to ROI features for the ultrasound transmission. This modified method allows for the user to visually confirm the ROI and control the transmission according to ROI based feedback (Paragraph 0080 of Tabaru). The modification provides that evaluation performance is improved and evaluation time is shortened (Paragraph 0084 of Tabaru).
Regarding claim 12, modified Dittmer teaches the method in claim 11, as discussed above.
Dittmer further teaches a method, before beam-forming, by the beam former, the first channel data at the first group of beam-forming points using the first beam-forming procedure, further comprising:
obtaining an imaging setting of current ultrasonic imaging, and determining a beam-forming procedure matching the imaging setting from a plurality of predetermined beam-forming procedures as the first beam-forming procedure based on the imaging setting (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity. These patterns are displayed for selection and allow for a feedback loop for optimization and control); or
displaying a plurality of beam-forming selection items on a display interface, each beam- forming selection item being associated with at least one beam-forming procedure; and detecting a first selection instruction generated based on a user's selection instruction on the beam-forming selection items to determine the first beam-forming procedure based on the first selection instruction (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity. These patterns are displayed for selection and allow for a feedback loop for optimization and control).
Regarding claim 13, modified Dittmer teaches the method in claim 12, as discussed above.
Dittmer further teaches a method, wherein the imaging setting comprises at least one of an ultrasonic probe type, a probe scan mode, a type of the biological tissue under examination, and an imaging parameter for ultrasonic imaging (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity).
Regarding claim 14, modified Dittmer teaches the method in claim 11, as discussed above.
Dittmer further teaches a method, before said beam-forming by the beam former, the second channel data at the second group of beam-forming points using the second beam-forming procedure, further comprising:
determining the second beam-forming procedure from a plurality of predetermined beam- forming procedures based on a region image within the region of interest in the first ultrasonic image (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity. These patterns are displayed for selection and allow for a feedback loop for optimization and control); or
displaying a plurality of beam-forming selection items on a display interface after determining the region of interest, each beam-forming selection item being associated with at least one beam-forming procedure; and detecting a second selection instruction generated based on a user's selection instruction on the beam-forming selection items to determine the second beam- forming procedure based on the second selection instruction (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0032 teaches that the beamforming parameters like frequency can be set via the user. Paragraph 0058 teaches that the user interface can control other patterns via a display such as axial noise, lateral speckle, axial intensity. These patterns are displayed for selection and allow for a feedback loop for optimization and control).
Regarding claim 15, modified Dittmer teaches the method in claim 14, as discussed above.
Dittmer further teaches a method, wherein said determining the second beam-forming procedure from a plurality of predetermined beam-forming procedures based on a region image within the region of interest in the first ultrasonic image comprises:
obtaining tissue information contained in the region image within the region of interest in the first ultrasonic image, and determining the second beam-forming procedure from the plurality of predetermined beam-forming procedures based on the tissue information (Paragraph 0032 teaches that the user input can define the location and size of the ROI within the wide view. Figs. 5-6 show the ROI in the wide view. Paragraph 0032 teaches that the beamformer can be adjusted to provide imaging in association to the identified ROI. Paragraph 0049 teaches that the steered beamforming can target the ROI with higher spatial resolution than the wide view. Paragraph 0050 teaches that the ROI is updated in real time).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Dittmer et al. (PGPUB No. US 2018/0246208) in view of Call et al. (PGPUB No. US 2013/0253325) in view of Tabaru et al. (PGPUB No. US 2015/0133783) further in view of Bandaru et al. (PGPUB No. US 2017/0086781).
Regarding claim 20, modified Dittmer teaches the method in claim 11, as discussed above.
Dittmer further teaches a method, wherein the algorithm comprises: a delay and sum beam forming procedure, a minimum variance beam forming procedure, a coherent factor beam forming procedure, an incoherent beam forming procedure, or a frequency domain beam forming procedure (Claim 13 teaches that the first emission is according to a setting of a first frequency. Paragraph 0031 teaches that the beamformed signals are coherent echo signals).
However, the combination of Dittmer, Call, and Tabaru is silent regarding a method, wherein the first beam- forming procedure differing from the second beam-forming procedure in principles comprises that the first beam-forming procedure and the second beam-forming procedure use different algorithms.
In an analogous imaging field of endeavor, regarding beamforming ultrasound waves, Bandaru teaches a method, wherein the first beam- forming procedure differing from the second beam-forming procedure in principles comprises that the first beam-forming procedure and the second beam-forming procedure use different algorithms, wherein the algorithm comprises: a delay and sum beam forming procedure, a minimum variance beam forming procedure, a coherent factor beam forming procedure, an incoherent beam forming procedure, or a frequency domain beam forming procedure (Paragraph 0063 teaches the use of different beamforming techniques and the use of delay and sum beam forming).
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 the combination of Dittmer, Call, and Tabaru with Bandaru’s teaching of differing beamforming procedures’ techniques. This modified method would allow the user to improve detecting and tracking coherent reflectors (Paragraph 0007 of Bandaru). Furthermore, the modification provides accurate positional information regarding the interventional device (Paragraph 0002 of Bandaru).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Deischinger et al. (PGPUB No. US 2006/0058605): Teaches splicing of the ROI in various images.
Ziv-Ari et al. (PGPUB No. US 2012/0004545): Teaches inputting imaging settings and the use of differing beamforming techniques.
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 extension fee 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 date of this final action.
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/ADIL PARTAP S VIRK/Primary Examiner, Art Unit 3798