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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/4/2026 has been entered.
Response to Arguments
Applicant's arguments below filed 1/12/2026 have been fully considered but they are not persuasive | moot in view of the new grounds of rejection.
Applicant’s arguments on page 7 with respect to the statistical distribution recited in claims 1 and 10 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.
The Applicant asserts on pages 7-8 of the Response:
“Applicant also reiterates that neither Garg et al. nor Ohishi teach or suggest the combination of a first image frame, last image frame, and intermediate image frames into an accumulation image. The Specification at Para. [0003] defines an accumulation image as multiple image frames acquired over time and combined by some statistical operator to form a single image. The Final Action at Page 3 alleges that Ohishi teaches a designation of an R, G, or B value to a pixel corresponding to a first arrival time. The Ohishi teaching is not an accumulation image.
Nor do Garg et al. or Ohishi teach or suggest the selection of those frames based on a determining of a parametric map value compares to a threshold or maximum value. Ohishi at most determines a pixel intensity, which is part of the image and not part of the parametric map.
Thus the automatically selecting limitations and the combine limitation in the processor function of amended Claim 1 are not disclosed or suggested by the Garg et al. and Ohishi reference combination. One of ordinary skill in the art would not be led by any reading of these references to do so because neither reference pertains to the generation of an accumulation image.”
In response the examiner respectfully asserts that as cited below Garg et al. discloses the mean image intensity calculated for each pixel using its surrounding eight neighboring pixels. Garg et al. also discloses a plurality of temporally spaced image frames. As cited below Ohishi discloses automatically selecting a first frame and a last frame based on a threshold value and a maximum value. The images including and between the first and last frame are used to form a two dimensional mapping image using R, G, B values to show the first arrival time phase of the contrast agent assigned to each pixel. Therefore the two dimensional mapping image using R, G, B values can be interpreted as an accumulation image because it is accumulating the first arrival time phase of the contrast agent from each image within the images including and between the first and last frame. Therefore the examiner finds the argument to be non-persuasive.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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, 4-7, 10-12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Garg (US 20070055161) and further in view of Tsui NPL 2009 (“Microvascular Flow Estimation by Contrast-Assisted Ultrasound B-Scan and Statistical Parametric Images”) and Ohishi (US 20160022236).
Regarding claim 1, Garg discloses an apparatus for processing ultrasound images (Abstract – “A method and system are described for displaying an ultrasonic parametric image”, [0039] – “processing the pixels within a region of interest”), the apparatus comprising:
at least one processor ([0044] – “perfusion parameter processor 156”) configured to:
for individual ones of a plurality of temporally spaced image frames, calculate a plurality of parametric values based, at least in part, on statistical […parameters] of corresponding ones of a plurality of groups of pixels of a corresponding image frame of the plurality of temporally spaced image frames, wherein the plurality of groups of pixels are defined, at least in part, on a multi-pixel window translated across the image frame (Fig. 3 shows temporally spaced image frames, [0039] – “for each pixel within the region of interest a mean image intensity value is calculated for a pixel and its surrounding eight neighboring pixels. Pixel values are calculated in this manner for each pixel in the myocardium 98 in this example…A is the final curve intensity, B is proportional to the initial slope of the curve… Parameters may then be formed using the values A, B, and combinations thereof”), wherein the plurality of temporally spaced image frames comprise contrast enhanced ultrasound images ([0033] – “The signals from the contrast signal processor 38…large number of ultrasonic images”); and
generate a plurality of parametric maps comprising the plurality of parametric values, wherein individual ones of the plurality of parametric maps correspond to the individual ones of the plurality of temporally spaced image frames (As cited above the intensity is used to calculate parameters of the pixels, [0039] also discloses “the process is repeated for every pixel in the same location for each image in the sequence”, [0041] – “produce a sequence of parametric images”).
As cited above Garg teaches the plurality of parametric maps conversely Garg does not teach calculate a plurality of parametric values based, at least in part, on statistical distributions of corresponding ones of a plurality of groups of pixels of a corresponding image frame of the plurality of temporally spaced image frames, […] wherein the parametric values comprise a signal-to-noise ratio, a Nakagami index, or a combination thereof;
automatically select a first frame from the plurality of temporally spaced image frames based, at least in part, on determining a parametric map of the plurality of parametric maps comprising a parametric value equal to or above a threshold value,
automatically select a last frame from the plurality of temporally spaced image frames based, at least in part, on determining a second parametric map of the plurality of parametric maps comprising a maximum parametric value; and
combine the first frame, the last frame, and any image frame of the plurality of temporally spaced image frames spaced between the first frame and the last frame on a per-pixel basis to generate an accumulation image.
However Tsui discloses calculate a plurality of parametric values based, at least in part, on statistical distributions of corresponding ones of a plurality of groups of pixels of a corresponding image frame of the plurality of temporally spaced image frames, […] wherein the parametric values comprise a signal-to-noise ratio, a Nakagami index, or a combination thereof (pg. 364 left col. – “There are about 1225 envelope data points in the sliding window for estimating one pixel in the Nakagami image (i.e., a local Nakagami parameter mw)”, Fig. 9 shows Nakagami parametric images and the Nakagami index calculated over a period of time, pg. 366 Fig. 9 description – “B-mode images at microbubble replenishment times of (a) 0.05, (b) 0.1, and (c) 0.15 s for an SNR of 5 dB and a flow velocity of 8 mm/s. (d)–(f) Nakagami images corresponding to the B-mode images in (a)–(c). (g) TICs and (h) TNCs for different SNRs”);
Tsui is an analogous art considering it is in the field of parametric imaging.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Garg to incorporate the Nakagami images of Tsui to achieve the same results. One would have motivation to combine because “parametric imaging method based on the Nakagami parameter of the Nakagami statistical distribution [15], [16] has a quite good potential for applying to measure the microbubble replenishment” (Tsui – pg. 361 right col.)
As cited above Garg teaches the plurality of parametric maps conversely Garg and Tsui do not teach automatically select a first frame from the plurality of temporally spaced image frames based, at least in part, on determining a parametric map of the plurality of parametric maps comprising a parametric value equal to or above a threshold value,
automatically select a last frame from the plurality of temporally spaced image frames based, at least in part, on determining a second parametric map of the plurality of parametric maps comprising a maximum parametric value; and
combine the first frame, the last frame, and any image frame of the plurality of temporally spaced image frames spaced between the first frame and the last frame on a per-pixel basis to generate an accumulation image.
However Ohishi discloses automatically select a first frame from the plurality of temporally spaced image frames based (Abstract – “The processing circuitry obtains first and second blood vessel image”, [0151] – “the initial time phases T11 and T21”), at least in part, on determining a parametric map of the plurality of parametric maps comprising a parametric value equal to or above a threshold value ([0151] – “the initial time phases T11 and T21 are set to inflow time phases of a contrast agent”, [0050] – “when a threshold value TH for detecting a rising up of the curve is set for values of the concentration change profile, it becomes possible to identify a time phase at a start of contrast agent inflow”, Fig. 2, each image is a parametric map of the intensity).
automatically select a last frame from the plurality of temporally spaced image frames (Abstract – “The processing circuitry obtains first and second blood vessel image”) based, at least in part, on determining a second parametric map of the plurality of parametric maps comprising a maximum parametric value ([0151] – “the ending time phases T12 and T22 are set to the maximum values of concentrations”, each image is a parametric map of the intensity); and
combine the first frame, the last frame, and any image frame of the plurality of temporally spaced image frames spaced between the first frame and the last frame on a per-pixel basis to generate an accumulation image ([0178] – “the color scale can be generated by designating the starting time phase T1 and the ending time phase T2 of the time phase period”, [0179] – “an R value, a G value, and a B value corresponding to the first arrival time phase of the contrast agent are assigned to each pixel”, Fig. 12, therefore image data from the starting time phase to the ending time phase is combined to generate an accumulation image showing the arrival time of each pixel).
Ohishi is an analogous art considering it is in the field of parametric imaging.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Garg to incorporate the selection of a first and last frame and generate an accumulation image of Ohishi to achieve the same results. One would have motivation to combine because by only obtaining data from a particular time phase the processing power would be decreased, the processing speed would be increased, and it would allow one to easily focus on data from the time phase to see arrival times within the particular time phase.
Regarding claim 4, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 1.
As cited above Garg teaches the plurality of parametric maps conversely Garg does not teach wherein the last frame corresponds to the second parametric map.
However Ohishi discloses wherein the last frame corresponds to the second parametric map ([0151] – “the ending time phases T12 and T22 are set to the maximum values of concentrations”, each image is a parametric map of the intensity).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Garg to incorporate the selection of a second image of Ohishi to achieve the same results. One would have motivation to combine because by only obtaining data from a particular time phase the processing power would be decreased, the processing speed would be increased, and it would allow one to easily focus on data from the time phase to see arrival times within the particular time phase.
Regarding claim 5, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 1.
Conversely Garg does not teach wherein the accumulation image comprises a time-of-arrival image.
However Ohishi discloses wherein the accumulation image comprises a time-of-arrival image ([0179] – “an R value, a G value, and a B value corresponding to the first arrival time phase of the contrast agent are assigned to each pixel”, Figs. 11-12, therefore image data from the starting time phase to the ending time phase is combined to generate an accumulation image showing the arrival time of each pixel).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Garg to incorporate the selection of a last frame and generate an accumulation image of Ohishi to achieve the same results. One would have motivation to combine because by only obtaining data from a particular time phase the processing power would be decreased, the processing speed would be increased, and it would allow one to easily focus on data from the time phase to see arrival times within the particular time phase.
Regarding claim 6, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claims 1 and 5.
Conversely Garg does not teach wherein at least one of a temporal gradient or a coding range of the time-of-arrival image is based, at least in part, on the plurality of parametric maps.
However Ohishi discloses wherein at least one of a temporal gradient or a coding range of the time-of-arrival image is based, at least in part, on the plurality of parametric maps ([0178]-[0179], Figs. 11-12, image data from the starting time phase to the ending time phase is combined to generate an accumulation image showing the arrival time of each pixel using a color scale).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Garg to incorporate the color scale of the time-of-arrival image of Ohishi to achieve the same results. One would have motivation to combine because it would allow one to visualize blood perfusion in one parametric image.
Regarding claim 7, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 1.
As cited above Garg teaches the plurality of parametric maps conversely Garg does not teach wherein the first frame corresponds to the parametric map of the plurality of parametric maps comprising the parametric value equal to or above the threshold value.
However Ohishi discloses wherein the first frame corresponds to the parametric map of the plurality of parametric maps comprising the parametric value equal to or above the threshold value ([0151] – “the initial time phases T11 and T21 are set to inflow time phases of a contrast agent”, [0050] – “when a threshold value TH for detecting a rising up of the curve is set for values of the concentration change profile, it becomes possible to identify a time phase at a start of contrast agent inflow”, Fig. 2, each image is a parametric map of the intensity).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Garg to incorporate the selection of a first image of Ohishi to achieve the same results. One would have motivation to combine because by only obtaining data from a particular time phase the processing power would be decreased, the processing speed would be increased, and it would allow one to easily focus on data from the time phase.
Regarding claim 10, Garg discloses a method for generating an ultrasound […] image (Title) […] comprising:
performing a contrast enhanced ultrasound (CEUS) examination with an ultrasound imaging system to obtain a plurality of temporally spaced image frames showing CEUS images ([0027] – “The ultrasonic energy transmitted by the scanhead 12 can be relatively high energy (high mechanical index or MI) which destroys or disrupts contrast agent in the image field, or it can be relatively low energy which enables the return of echoes from the contrast agent without substantially disrupting it”, [0033] – “The signals from the contrast signal processor 38…large number of ultrasonic images”);
translating a multi-pixel window across individual image frames of a plurality of temporally spaced image frames (Fig. 3 shows temporally spaced image frames, [0039] – “for each pixel within the region of interest a mean image intensity value is calculated for a pixel and its surrounding eight neighboring pixels. Pixel values are calculated in this manner for each pixel in the myocardium”),
generating from the plurality of parametric values a plurality of parametric maps corresponding to the individual image frames of the plurality of temporally spaced image frames (As cited above the intensity is used to calculate parameters of the pixels, [0039] also discloses “[0039] – “the process is repeated for every pixel in the same location for each image in the sequence”, [0041] – “produce a sequence of parametric images”).
As cited above Garg teaches the plurality of parametric maps conversely Garg does not teach a method for generating an […] accumulation image,
for each translation of the multi-pixel window: determining a statistical distribution of pixels of the individual image frames included in the multi-pixel window to generate a plurality of statistical distributions; calculating a parametric value based, at least in part, on a corresponding one of the plurality of statistical distribution to generate a plurality of parametric values wherein the parametric values comprise a signal-to-noise ratio, a Nakagami index, or a combination thereof;
automatically selecting a first frame of the plurality of temporally spaced image frames based, at least in part, on a first parametric map of the plurality of parametric maps comprising a first parametric value over a threshold value;
automatically selecting a second frame of the plurality of temporally spaced image frames based, at least in part, on a second parametric map of the plurality of parametric maps comprising a maximum parametric value of the plurality of parametric values, wherein the first frame and the second frame define, at least in part, a subsequence of the plurality of temporally spaced image frames; and combining the subsequence to generate an accumulation image.
However Tsui discloses for each translation of the multi-pixel window: determining a statistical distribution of pixels of the individual image frames included in the multi-pixel window to generate a plurality of statistical distributions; calculating a parametric value based, at least in part, on a corresponding one of the plurality of statistical distribution to generate a plurality of parametric values (pg. 364 left col. – “There are about 1225 envelope data points in the sliding window for estimating one pixel in the Nakagami image (i.e., a local Nakagami parameter mw)”, Fig. 9 shows Nakagami parametric images and the Nakagami index calculated over a period of time) wherein the parametric values comprise a signal-to-noise ratio, a Nakagami index, or a combination thereof (Fig. 9, pg. 366 Fig. 9 description – “B-mode images at microbubble replenishment times of (a) 0.05, (b) 0.1, and (c) 0.15 s for an SNR of 5 dB and a flow velocity of 8 mm/s. (d)–(f) Nakagami images corresponding to the B-mode images in (a)–(c). (g) TICs and (h) TNCs for different SNRs”);
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Garg to incorporate the Nakagami images of Tsui to achieve the same results. One would have motivation to combine because “parametric imaging method based on the Nakagami parameter of the Nakagami statistical distribution [15], [16] has a quite good potential for applying to measure the microbubble replenishment” (Tsui – pg. 361 right col.)
As cited above Garg teaches the plurality of parametric maps conversely Garg and Tsui do not teach a method for generating an […] accumulation image,
automatically selecting a first frame of the plurality of temporally spaced image frames based, at least in part, on a first parametric map of the plurality of parametric maps comprising a first parametric value over a threshold value;
automatically selecting a second frame of the plurality of temporally spaced image frames based, at least in part, on a second parametric map of the plurality of parametric maps comprising a maximum parametric value of the plurality of parametric values, wherein the first frame and the second frame define, at least in part, a subsequence of the plurality of temporally spaced image frames; and combining the subsequence to generate an accumulation image.
However Ohishi discloses a method for generating an […] accumulation image ([0025] – “a medical image processing method”, [0178]-[0179]),
automatically selecting a first frame of the plurality of temporally spaced image frames based, at least in part, on a first parametric map of the plurality of parametric maps comprising a first parametric value over a threshold value (Abstract – “The processing circuitry obtains first and second blood vessel image”, [0151] – “the initial time phases T11 and T21 are set to inflow time phases of a contrast agent”, [0050] – “when a threshold value TH for detecting a rising up of the curve is set for values of the concentration change profile, it becomes possible to identify a time phase at a start of contrast agent inflow”, Fig. 2, each image is a parametric map of the intensity);
automatically selecting a second frame of the plurality of temporally spaced image frames based, at least in part, on a second parametric map of the plurality of parametric maps comprising a maximum parametric value of the plurality of parametric values (Abstract – “The processing circuitry obtains first and second blood vessel image”, [0151] – “the ending time phases T12 and T22 are set to the maximum values of concentrations”, each image is a parametric map of the intensity), wherein the first frame and the second frame define, at least in part, a subsequence of the plurality of temporally spaced image frames (Fig. 12 shows a subsequence of the plurality of temporally spaced image frames between the first frame T11 and the second frame T12); and combining the subsequence to generate an accumulation image ([0178] – “the color scale can be generated by designating the starting time phase T1 and the ending time phase T2 of the time phase period”, [0179] – “an R value, a G value, and a B value corresponding to the first arrival time phase of the contrast agent are assigned to each pixel”, Fig. 12, therefore image data from the starting time phase to the ending time phase is combined to generate an accumulation image showing the arrival time of each pixel).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Garg to incorporate the selection of a first and last frame and generate an accumulation image of Ohishi to achieve the same results. One would have motivation to combine because by only obtaining data from a particular time phase the processing power would be decreased, the processing speed would be increased, and it would allow one to easily focus on data from the time phase to see arrival times within the particular time phase.
Regarding claim 11, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 10.
Conversely Garg does not teach wherein the parametric value comprises the combination of the signal-to-noise ratio and the Nakagami index.
However Tsui discloses wherein the parametric value comprises the combination of the signal-to-noise ratio and the Nakagami index (Fig. 9, pg. 366 Fig. 9 description – “B-mode images at microbubble replenishment times of (a) 0.05, (b) 0.1, and (c) 0.15 s for an SNR of 5 dB and a flow velocity of 8 mm/s. (d)–(f) Nakagami images corresponding to the B-mode images in (a)–(c). (g) TICs and (h) TNCs for different SNRs”);
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Garg to incorporate the Nakagami images combined with the signal-to-noise ratio of Tsui to achieve the same results. One would have motivation to combine because “parametric imaging method based on the Nakagami parameter of the Nakagami statistical distribution [15], [16] has a quite good potential for applying to measure the microbubble replenishment” (Tsui – pg. 361 right col.) and “we can use the intrinsic noise level in the ROI before microbubbles injection as the threshold value to remove most of them without affecting the features and statistical properties of microbubble signals” (Tsui – pg. 366 left and right col.).
Regarding claim 12, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 10.
Garg further discloses wherein the multi-pixel window comprises a square (Fig. 9B, [0039] – “mean image intensity value is calculated for a pixel and its surrounding eight neighboring pixels”).
Regarding claim 20, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 10.
Garg further discloses wherein the multi-pixel window is only translated across a region of interest in the individual image frames of the plurality of temporally spaced image frames, wherein the region of interest is smaller than the individual image frames ([0038] – “the area of interest may be further defined by a mask 96, as shown in FIG. 8 b, in which the area within the border trace is masked. All pixels under the mask are to be processed in this example, while pixels outside of the mask are not processed parametrically”).
Claims 8-9 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Garg (US 20070055161), Tsui NPL 2009 (“Microvascular Flow Estimation by Contrast-Assisted Ultrasound B-Scan and Statistical Parametric Images”), and Ohishi (US 20160022236) as applied to claims 1 and 10 above, and further in view of Berlin (US 20190154821).
Regarding claim 8, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 1.
Conversely Garg does not teach wherein at least one of the plurality of parametric maps corresponds to an image frame of the plurality of temporally spaced image frames acquired prior to arrival of a contrast agent, and the at least one processor is further configured to determine a maximum value of the plurality of parametric values of the at least one of the plurality of parametric maps; and
threshold remaining ones of the plurality of parametric maps corresponding to image frames of the plurality of temporally spaced image frames acquired after the image frame image frame of the plurality of temporally spaced image frames acquired prior to the arrival of the contrast agent.
However Berlin discloses wherein at least one of the plurality of parametric maps corresponds to an image frame of the plurality of temporally spaced image frames acquired prior to arrival of a contrast agent ([0009] – “imagery obtained prior to contrast agent arrival”), and the at least one processor is further configured to determine a maximum value of the plurality of parametric values of the at least one of the plurality of parametric maps ([0063] – “a composite image is formed by preserving the maximum intensity present in any of the pre-contrast-arrival image frames”); and
threshold remaining ones of the plurality of parametric maps corresponding to image frames of the plurality of temporally spaced image frames acquired after the image frame image frame of the plurality of temporally spaced image frames acquired prior to the arrival of the contrast agent ([0063] – “a composite image is formed by preserving the maximum intensity present in any of the pre-contrast-arrival image frames. In other words, if a pixel is ever brighter than the composite image, the composite image takes on the value of that pixel”).
Berlin is an analogous art considering it is in the field of contrast-enhanced ultrasound imaging.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Garg to incorporate the background removal of Berlin to achieve the same results. One would have motivation to combine because it provides “dramatically improved signal clarity required to reliably disambiguate contrast agent from other sources of signal intensity.” (Berlin – [0006]).
Regarding claim 9, Garg, Tsui, Ohishi, and Berlin disclose all the elements of the claimed invention as cited in claims 1 and 8.
Garg further discloses wherein the at least one processor is further configured to segment a feature from at least one image frame of the image frames of the plurality of temporally spaced image frames acquired after the image frame image frame of the plurality of temporally spaced image frames acquired prior to arrival of the contrast agent ([0034] – “The myocardium can be distinguished for analysis by segmentation”, [0038] – “border detection as shown in FIGS. 7 a-7 d. FIG. 7 a illustrates a contrast image sequence 90…The border outline 94 on the selected image is then used to automatically delineate the border on other images in the sequence 90”).
Conversely Garg does not teach segmenting based, at least in part, on corresponding thresholded ones of the remaining ones of the plurality of parametric maps.
However Berlin discloses segmenting based, at least in part, on corresponding thresholded ones of the remaining ones of the plurality of parametric maps ([0174] – “Ideally background has been removed from this residual image…The result of the closing is then segmented”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Garg to incorporate the segmentation of Berlin to achieve the same results. One would have motivation to combine because it provides “dramatically improved signal clarity required to reliably disambiguate contrast agent from other sources of signal intensity.” (Berlin – [0006]).
Regarding claim 17, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 10.
Conversely Garg does not teach determining a maximum parametric value of the plurality of parametric values corresponding to a first parametric map of the plurality of parametric maps; and thresholding the plurality of parametric values corresponding to remaining ones of the plurality of parametric maps to remove parametric values of the plurality of parametric values below the maximum parametric value.
However Berlin discloses teach determining a maximum parametric value of the plurality of parametric values corresponding to a first parametric map of the plurality of parametric maps ([0063] – “a composite image is formed by preserving the maximum intensity present in any of the pre-contrast-arrival image frames”); and thresholding the plurality of parametric values corresponding to remaining ones of the plurality of parametric maps to remove parametric values of the plurality of parametric values below the maximum parametric value ([0063] – “a composite image is formed by preserving the maximum intensity present in any of the pre-contrast-arrival image frames. In other words, if a pixel is ever brighter than the composite image, the composite image takes on the value of that pixel”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Garg to incorporate the background removal of Berlin to achieve the same results. One would have motivation to combine because it provides “dramatically improved signal clarity required to reliably disambiguate contrast agent from other sources of signal intensity.” (Berlin – [0006]).
Regarding claim 18, Garg, Tsui, Ohishi, and Berlin disclose all the elements of the claimed invention as cited in claims 10 and 17.
Garg further discloses further comprising segmenting at least one of the plurality of temporally spaced image frames ([0034] – “The myocardium can be distinguished for analysis by segmentation”, [0038] – “border detection as shown in FIGS. 7 a-7 d. FIG. 7 a illustrates a contrast image sequence 90…The border outline 94 on the selected image is then used to automatically delineate the border on other images in the sequence 90”).
Conversely Garg does not teach segmenting […] image frames corresponding to at least one of the remaining ones of the plurality of parametric maps.
However Berlin discloses segmenting […] image frames corresponding to at least one of the remaining ones of the plurality of parametric maps ([0174] – “Ideally background has been removed from this residual image…The result of the closing is then segmented”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Garg to incorporate the segmentation of Berlin to achieve the same results. One would have motivation to combine because it provides “dramatically improved signal clarity required to reliably disambiguate contrast agent from other sources of signal intensity.” (Berlin – [0006]).
Regarding claim 19, Garg, Tsui, Ohishi, and Berlin disclose all the elements of the claimed invention as cited in claims 10, 17, and 18.
Conversely Garg does not teach wherein segmenting comprises assigning pixels of the at least one of the plurality of temporally spaced image frames to a feature, wherein the pixels correspond to parametric values equal to or greater than a threshold value.
However Berlin discloses wherein segmenting comprises assigning pixels of the at least one of the plurality of temporally spaced image frames to a feature, wherein the pixels correspond to parametric values equal to or greater than a threshold value (Fig. 11, [0084] – “masked by areas in which the background-reduced signal strength is greater than a threshold (in this case the threshold is set to 0). As an added illustrative filtering effect, the results are drawn here only in regions (e.g. region of tumor site 1110 and other regions 1120, 1130 and 1140) where background is anticipated to be small”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Garg to incorporate the segmentation of Berlin to achieve the same results. One would have motivation to combine because it provides “dramatically improved signal clarity required to reliably disambiguate contrast agent from other sources of signal intensity.” (Berlin – [0006]).
Claim 14 is are rejected under 35 U.S.C. 103 as being unpatentable over Garg (US 20070055161), Tsui NPL 2009 (“Microvascular Flow Estimation by Contrast-Assisted Ultrasound B-Scan and Statistical Parametric Images”), and Ohishi (US 20160022236) as applied to claim 10 above, and further in view of Yao (US 20150257739).
Regarding claim 14, Garg, Tsui, and Ohishi disclose all the elements of the claimed invention as cited in claim 10.
Conversely Garg does not teach wherein the threshold value is based, at least in part, on a tissue type included in the plurality of temporally spaced image frames.
However Yao discloses wherein the threshold value is based, at least in part, on a tissue type included in the plurality of temporally spaced image frames (Fig. 5, [0063] discloses that each curve shows the brightness transition over time for regions 100, 101, and 102, [0054] discloses that region 100 is a tumor, region 101 is a portal vein, and region 102 is in a kidney, [0066] discloses a threshold value for determining a start time based on the brightness transition curve).
Yao is an analogous art considering it is in the field of contrast enhanced ultrasound imaging.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Garg to incorporate the threshold based on a tissue type of Yao to achieve the same results. One would have motivation to combine because “there is a possibility that the contrast echo method may be applied to the evaluation of abnormalities of tumor blood vessels” (Yao – [0006]).
Conclusion
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/R.C.L./ Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/ Supervisory Patent Examiner, Art Unit 3797