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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a Judicial Exception in the form of an Abstract Idea, without significantly more:
Beginning with independent claim 1, a process claim, which recites:
A method for processing photoacoustic images, comprising - obtaining a temporal succession of images of a sample acquired by a photoacoustic imaging system for M, excitation pulse wavelengths with N images acquired per wavelength; - multispectral spatio-temporal filtering by singular value decomposition applied to all the N*Mx images acquired so as to obtain N*Mx filtered images; - for each wavelength, calculating a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength; - for each wavelength, correcting (150A) the filtered variance image by subtracting a variance of the residual electronic noise after the multispectral spatio-temporal filtering produced by the ultrasonic wave sensors of the photoacoustic imaging system.
The claim recites abstract ideas:
“obtaining” is mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity.
“calculating” explicitly recites performing mathematical calculations, the limitation falls within the “mathematical concepts” grouping of abstract ideas.
A process that encompass a human performing the steps mentally with or without a physical aid in the form of the “correcting” step, with the “obtaining” step, “filtering” step, “calculating” step being pre-solution acts of processing information which could be performed visually and/or mentally; and
A method of organizing human behavior in the form of a social activity of following rules or instructions informing a person to perform the “obtaining” step, “filtering” step, “calculating” step and the “correcting” steps.
These two abstract ideas will be considered together for analysis as a single abstract idea per MPEP 2106:
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This judicial exception is not integrated into a practical application because there are no recited additional elements that amount to a practical application, such as but no limited to the following as noted in MPEP 2106:
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The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the same reason: There are not additional elements other than the abstract idea.
Regarding to claim 9, a photoacoustic image processing device, comprising a processor, a memory, and a computer program that is stored in the memory and capable of being executed the processor to perform the method disclosed in claim 1 is considered being performed by a generic computer. Therefore, If the apparatus, processor and memory are removed from the claim, the method can be easily performed by a human being without the need of any of a computer component. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Regarding to claims 10 and 11, a computer program that is stored in the memory and capable of being executed the processor to perform the method disclosed in claim 1 is considered being performed by a generic computer. Therefore, If the apparatus, processor and memory are removed from the claim, the method can be easily performed by a human being without the need of any of a computer component. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Independent claims 1 and 9-11 are merely a generic computer implementation of the abstract ideas and likewise do not amount to significantly more. See MPEP 2106:
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Likewise, the following dependent claims have been analyzed and do not recite elements that recite a practical application or significantly more and remain rejected under 35 USC 101: Claims 2-8
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 10 and 11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
A computer program is merely a set of instructions capable of being implemented by a computer. However, by itself without being encoded onto a non-transitory computer-readable medium is not realizable. Hence, claim 16 contains merely nonstatutory functional descriptive material. See MPEP 2106: IV(B)(1)(a), last paragraph.
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 (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 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 1-3, 5, 6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Photoacoustic fluctuation imaging: theory and application to blood flow imaging and further in view of Xi-pan’172 (CN 111481172 A), Mestha’284 (US 2013/0016284), A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow.
With respect to claim 1, Photoacoustic fluctuation imaging: theory and application to blood flow imaging teaches a method for processing photoacoustic images (abstract), comprising
- obtaining a temporal succession of images of a sample acquired by a photoacoustic imaging system (abstract) N images (section A2, page 7);
- spatio-temporal filtering by singular value decomposition gapplied to all the images acquired so as to obtain filtered images (section A2, page 8);
- calculating a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength (section A2, page 8);
Photoacoustic fluctuation imaging: theory and application to blood flow imaging does not teach the obtained temporal succession of images is for M, excitation pulse wavelengths with N images acquired per wavelength; multispectral spatio-temporal filtering by singular valtue decomposition applied to all the N*Mx images acquired so as to obtain N*Mx filtered images; for each wavelength, calculating (140) a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength; - for each wavelength, correcting (150A) the filtered variance image by subtracting a variance of the residual electronic noise after the multispectral spatio-temporal filtering produced by the ultrasonic wave sensors of the photoacoustic imaging system.
Xi-pan’172 teaches the obtained temporal succession of images is for M, excitation pulse wavelengths with N images acquired per wavelength (Fig.3 and paragraph 6).
Therefore, 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 invention of Photoacoustic fluctuation imaging: theory and application to blood flow imaging according to the teaching of Xi-pan’172 to obtain the reconstructed photoacoustic image associated with each wavelength because this will allow the tissue to be analyzed more effectively.
The combination of Photoacoustic fluctuation imaging: theory and application to blood flow imaging and Xi-pan’172 does not teach multispectral spatio-temporal filtering by singular valtue decomposition applied to all the N*Mx images acquired so as to obtain N*Mx filtered images; for each wavelength, calculating (140) a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength; - for each wavelength, correcting (150A) the filtered variance image by subtracting a variance of the residual electronic noise after the multispectral spatio-temporal filtering produced by the ultrasonic wave sensors of the photoacoustic imaging system..
Mestha’284 teaches Singular Value Decomposition (SVD) based spectral filtering method was used on the original band imagery (paragraph 56).
Therefore, 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 Photoacoustic fluctuation imaging: theory and application to blood flow imaging and Xi-pan’172 according to the teaching of Mestha’284 to use the Singular Value Decomposition (SVD) based spectral filtering method on all the N*Mx images acquired so as to obtain N*Mx filtered images (multispectral spatio-temporal filtering by singular valtue decomposition applied to all the N*Mx images acquired so as to obtain N*Mx filtered images) because this will allow the photoacoustic images to be obtained more effectively.
The combination of Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 and Mestha’284 does not teach for each wavelength, calculating (140) a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength; - for each wavelength, correcting (150A) the filtered variance image by subtracting a variance of the residual electronic noise after the multispectral spatio-temporal filtering produced by the ultrasonic wave sensors of the photoacoustic imaging system.
Since Photoacoustic fluctuation imaging: theory and application to blood flow imaging has suggested calculating a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength (section A2, page 8) and Xi-pan’172 teaches the obtained temporal succession of images is for M, excitation pulse wavelengths with N images acquired per wavelength (Fig.3 and paragraph 6), therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to obtain the numbers (N) of images per wavelength and then to calculate a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength for each wavelength (for each wavelength, calculating (140) a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength) because this will allow the photoacoustic images to be obtained and processed effectively.
Therefore, 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 Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 and Mestha’284 to obtain the numbers (N) of images per wavelength and then to calculate a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength for each wavelength (for each wavelength, calculating (140) a filtered variance image from the N filtered images, one pixel of coordinate r in the filtered variance image being equal to the variance of the distribution of pixel values of the same coordinate r in the filtered images obtained for that wavelength) because this will allow the photoacoustic images to be obtained and processed effectively.
The combination of Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 and Mestha’284 does not teach for each wavelength, correcting (150A) the filtered variance image by subtracting a variance of the residual electronic noise after the multispectral spatio-temporal filtering produced by the ultrasonic wave sensors of the photoacoustic imaging system.
A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow teaches for each wavelength, correcting (150A) the filtered variance image by subtracting a variance of the residual electronic noise after the multispectral spatio-temporal filtering produced by the ultrasonic wave sensors of the photoacoustic imaging system [the detection noise can be deleted by SVD filtering, and indicates that this noise is predominant in singular vectors with lowest singular values (section 3.1.2)].
Therefore, 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 Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 and Mestha’284 according to the teaching of a unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow to delete the detection noise on photoacoustic images using SVD filtering because this will allow the photoacoustic images to be processed effectively.
With respect to claim 2, which further limits claim 1, the combination of Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 and Mestha’284 does not teach for each wavelength, a determination of a corrected image of fluctuations, each pixel of which the corrected image of fluctuations is being equal to the square root of the corresponding pixel of the corrected variance image obtained by said the subtraction for the wavelength considered.
A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow teaches for each wavelength, a determination of a corrected image of fluctuations, each pixel of which the corrected image of fluctuations is being equal to the square root of the corresponding pixel of the corrected variance image obtained by said the subtraction for the wavelength considered (sections 2.2.2, 2.3.1 and 3.1.2)
Therefore, 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 Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 and Mestha’284 according to the teaching of a unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow to correct photoacoustic images because this will allow the photoacoustic images to be processed effectively.
With respect to claim 3, which further limits claim 1, the combination of Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 and Mestha’284 does not teach estimating the variance of the residual electronic noise produced by the ultrasonic wave sensors on the images, the variance of the residual electronic noise produced by the ultrasonic wave sensors on the images being estimated as a function of a variance of the electronic noise produced in the photoacoustic signals acquired in the absence of a sample corrected by an amount of noise eliminated by the multispectral spatio-temporal filtering by decomposition into singular values, the amount of noise eliminated being estimated based on the singular values corresponding to the lowest energy components removed by the multispectral spatio-temporal filtering by singular decomposition.
A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow teaches estimating the variance of the residual electronic noise produced by the ultrasonic wave sensors on the images, the variance of the residual electronic noise produced by the ultrasonic wave sensors on the images being estimated as a function of a variance of the electronic noise produced in the photoacoustic signals acquired in the absence of a sample corrected by an amount of noise eliminated by the multispectral spatio-temporal filtering by decomposition into singular values, the amount of noise eliminated being estimated based on the singular values corresponding to the lowest energy components removed by the multispectral spatio-temporal filtering by singular decomposition [the "detection noise" can be deleted by SVD filtering, and indicating that this noise is predominant in singular vectors with lowest singular values (sections 3.1.2)].
Therefore, 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 Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 and Mestha’284 according to the teaching of a unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow to delete the detection noise on photoacoustic images using SVD filtering because this will allow the photoacoustic images to be processed effectively.
With respect to claim 5, which further limits claim 1, Photoacoustic fluctuation imaging: theory and application to blood flow imaging teaches wherein the multispectral spatio-temporal filtering by singular value decomposition comprises selecting the components corresponding to the highest energy singular values to be removed and removing selected components, the selection being made by choosing, from a set of index values, an index identifying the first component to be kept for which a contrast-to-noise ratio is maximum, the contrast-to-noise ratio determined for an index being determined for filtered variance images calculated by multispectral spatio-temporal filtering by decomposition into singular values applying the index in order to identify the first component to be kept (section A.2).
With respect to claim 6, which further limits claim 5, Photoacoustic fluctuation imaging: theory and application to blood flow imaging teaches wherein the contrast-to-noise ratio is determined by eliminating the contrast due to the mean value of the images acquired for at least one wavelength (section A.2).
With respect to claim 9, it is being analyzed and rejected for the same reason set forth in the rejection of claim 1. In addition, the detection system shown in Photoacoustic fluctuation imaging: theory and application to blood flow imaging is inherent disclosed with at least one data processor to execute a program to performed the method as disclosed in claim 1.
With respect to claims 10 and 11, they are being analyzed and rejected for the same reason set forth in the rejection of claim 1.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 (CN 111481172 A), Mestha’284 (US 2013/0016284), A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow and further in view of Toru’524 (CN 103826524).
With respect to claim 4, which further limits claim 1, the combination of Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172, Mestha’284 and A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow does not teach for each wavelength considered, normalizing the image of fluctuations corrected by a function of the laser pulse fluence of the photoacoustic imaging system, so as to obtain an image of absorption fluctuations representative of the absorption fluctuations due to the sample.
Toru’524 teaches for each wavelength considered, normalizing the image of fluctuations corrected by a function of the laser pulse fluence of the photoacoustic imaging system, so as to obtain an image of absorption fluctuations representative of the absorption fluctuations due to the sample [the normalization coefficient is the integral value of the spectrum image data of each wavelength in a predetermined wavelength region (claim 11)].
Therefore, 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 Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172, Mestha’284 and A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow according to the teaching of a unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow according to the teaching of Toru’524 to perform normalization process on the spectrum image data of each wavelength because this will allow the photoacoustic images to be processed effectively.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172 (CN 111481172 A), Mestha’284 (US 2013/0016284), A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow, Toru’524 (CN 103826524),
and further in view of Enhancement of in vivo cardiac photoacoustic signal specificity using spatiotemporal singular value decomposition.
With respect to claim 7, which further limits claim 4, the combination of Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172, Mestha’284, A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow and Toru’524 does not teach the method comprising calculating an image of the oxygen saturation rate from at least two images of absorption fluctuations obtained for at least two corresponding wavelengths.
Enhancement of in vivo cardiac photoacoustic signal specificity using spatiotemporal singular value decomposition teaches the method comprising calculating an image of the oxygen saturation rate from at least two images of absorption fluctuations obtained for at least two corresponding wavelengths (abstract or page 13).
Therefore, 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 Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172, Mestha’284 and A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow according to the teaching of a unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow and Toru’524 according to the teaching of Enhancement of in vivo cardiac photoacoustic signal specificity using spatiotemporal singular value decomposition to calculate an image of the oxygen saturation rate from photoacoustic images because this will allow the oxygen distribution in specific tissues or organs to be visualized more effectively.
With respect to claim 8, which further limits claim 7, the combination of Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172, Mestha’284, A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow and Toru’524 does not wherein the calculation of an image of the oxygen saturation rate is performed based on a model expressing, for each pixel of coordinate r, a relation between a total hemoglobin concentration, an oxygen saturation rate and the value at pixel r of the image of absorption fluctuations.
Enhancement of in vivo cardiac photoacoustic signal specificity using spatiotemporal singular value decomposition teaches wherein the calculation of an image of the oxygen saturation rate is performed based on a model expressing, for each pixel of coordinate r, a relation between a total hemoglobin concentration, an oxygen saturation rate and the value at pixel r of the image of absorption fluctuations (abstract or page 13).
Therefore, 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 Photoacoustic fluctuation imaging: theory and application to blood flow imaging, Xi-pan’172, Mestha’284 and A unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow according to the teaching of a unified framework for photoacoustic fluctuation imaging. Application to visibility enhancement with fluctuations induced by blood flow and Toru’524 according to the teaching of Enhancement of in vivo cardiac photoacoustic signal specificity using spatiotemporal singular value decomposition to calculate an image of the oxygen saturation rate from photoacoustic images because this will allow the oxygen distribution in specific tissues or organs to be visualized more effectively.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUO LONG CHEN whose telephone number is (571)270-3759. The examiner can normally be reached on M-F 9am - 5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tieu, Benny can be reached on (571) 272-7490. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HUO LONG CHEN/Primary Examiner, Art Unit 2682