DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This Office action is in response to amendment filed 9/9/2025.
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.
Claims 1, 3-9, 11-16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Budz et al. (US 2022/0122717 A1, hereinafter Budz) in view of Engel (US 2022/0044472 A1).
Regarding claim 1, Budz discloses a computer-implemented method for supplying a 3D model of a three-dimensional object represented by volume data ([0096], a method for use in generating a computer-based visualization of 3D medical image data), the computer- implemented method comprising: supplying the volume data (figure 1, 102 and [0215], receiving 3D medical image data and the 3D medical image data may represent an imaged volume); ascertaining a parameter set for actuating an image synthesis algorithm, the image synthesis algorithm being configured for visualizing the three-dimensional object by mapping the volume data onto visualization pixels of a two-dimensional visualization image ([0207]-[0208] and [222], the grid points, referred to as voxels, of which the value of the variable is ascertained and a three-dimensional representation of the examined object or body is generated from the voxels on a two-dimensional representation surface such that differently, voxels are mapped on pixels of a two-dimensional visualization image to visualize the volume data); and supplying the 3D model ([0241], a rendering process for generating a visualization of the 3D medical image data). Budz differs from the claimed invention in not specifically teaching the steps of generating a plurality of different visualization images by mapping the volume data based on the parameter set using the image synthesis algorithm, each among the plurality of different visualization images corresponding to a different view of the three-dimensional object; and calculating the 3D model based on the set of the plurality of different visualization images. However, Engel teaches a computer-implemented method is for visualization of a three-dimensional object represented by volume data for a user in the form of a two-dimensional visualization image having a plurality of different visualization modules are implemented in the image synthesis algorithm, which different visualization modules take into account in each case different mapping effects when mapping the volume data ([0111]) such that the image synthesis algorithm can have different visualization modules, which can be selectively activated and deactivated, in particular, for each visualization pixel and/or can be set in terms of their computing effort for calculation of the mapping onto the visualization pixels VP ([0171]) in order to enable shorter calculation times for visualization images ([0009]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Budz in having the steps of generating a plurality of different visualization images by mapping the volume data based on the parameter set using the image synthesis algorithm, each among the plurality of different visualization images corresponding to a different view of the three-dimensional object; and calculating the 3D model based on the set of the plurality of different visualization images, as per teaching of Engel, in order to enable shorter calculation times for visualization images.
Regarding claim 3, Budz discloses that the parameter set comprises: a first parameterization of mapping properties of the volume data ([0099]-[0100]), a parameter of the analysis process is based on the given type of the first anatomical object). Budz differs from the claimed invention in not specifically teaching a second parameterization for generating a plurality of different views of the three-dimensional object with the first parameterization to generate the plurality of different visualization images. However, Engel teaches that an arithmetic unit can have different elements, read as a second parameterization, for calculation of the visualization image VB based upon the input data ([0170]) in order to reduce the computing effort ([0180]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Budz in having a second parameterization for generating a plurality of different views of the three-dimensional object with the first parameterization to generate the plurality of different visualization images, as per teaching of Engel, in order to reduce the computing effort.
Regarding claim 4, Budz discloses that a transfer function for at least one of mapping the volume data onto the two-dimensional visualization image, or segmenting of at least one of the three-dimensional object or a clipping mask ([0140] and [0143], image synthesis algorithm to map the volume data on a two-dimensional projection surface or to render the volume of the three-dimensional body or to perform volume rendering of the three-dimensional body and transfer functions or which partial objects of the object to be visualized are particularly relevant to the visualization).
Regarding claim 5, Engel discloses that the ascertaining, the generating and the calculating are performed in a first computing device (figure 1, 20 and [0164], arithmetic unit 20 is basically designed for calculation of a visualization image VB of a three-dimensional object based upon volume data VD describing the three-dimensional object); the supplying the 3D model includes supplying the 3D model to a second computing device (figure 2, 50), the second computing device being different from the first computing device; and the second computing device includes a portable end user device ([0167], once the visualization image VB has been calculated, it should be displayed to the user via the interface to a reproduction device, and the reproduction device can have a screen of a PC, laptop, tablet or smartphone) in order to make user friendly.
Regarding claim 6, Budz teaches that the image synthesis algorithm implements a path tracing method or a ray casting method ([0177], the calculation is implemented using a volume rendering algorithm based on ray casting and/or path tracing).
Regarding claim 7, Budz discloses that the volume data is generated by a medical imaging method, the volume data representing one or more organs of a patient; and the ascertaining ascertains the parameter set based on the patient information of the patient ([0138], he volume data can be provided by a medical imaging method and the three-dimensional object can comprise one or more organs of the patient).
Regarding claim 8, Budz discloses that the supplying of the 3D model supplies the 3D model as further patient information for the patient ([0281], patient data is received which comprises image data and non-image data including a plurality of 3D medical image datasets).
Regarding claim 9, Budz discloses the steps of determining one or more selected organs for presentation in the 3D model based on the patient information; and generating a segmenting mask for segmenting the one or more selected organs in the volume data ([0224] and [0276], the parameter of the selection process may define the selection process as a segmentation process for segmenting a given type of organ, such as bone, or, alternatively, as a segmentation process for segmenting the liver and the selection process the volume may be segmented to form a plurality of segmentation mask); wherein the generating the plurality of different visualization images includes generating the plurality of different visualization images based on the segmenting mask ([0278], if the sample point is determined to be within the first portion the first visual parameter mapping is applied to determine visual parameter data for the sample point, while if the sample point is determined to be within the second portion the second visual parameter mapping is applied, and if sample point is determined not to be within the first portion 210 or the second portion a different visual parameter mapping may be applied).
Regarding claim 11, Budz discloses that the supplying supplies the 3D model in a viewing application configured such that different views of the 3D model are selectable and viewable ([0145], dedicated viewing angle, a dedicated scene lighting, and a dedicated color scheme for imaging the volume data can be chosen for a visualization of the liver).
Regarding claim 12, Budz discloses the ascertaining ascertains the parameter set by applying a trained function, the trained function being configured to ascertain the parameter set based on the volume data ([0172]-[0173], the adaptation of the partial mapping rules is implemented by the application of a trained function such that one or more parameters of the trained function can be determined and/or adapted by training).
Regarding claim 13, the claimed limitations are similar to claim 1 and Engel discloses the apparatus comprising: an interface (figure 1, 30) and a computing device (figure 1, 20). Thus, claim 13 are rejected as the same reasons as set forth in claim 1.
Regarding claim 14, Engel discloses a storage device (figure 1, 60) of an apparatus for supplying a 3D model and the combination of Budz and Engel teaches the computer program having program segments configured to carry out the computer-implemented method as claimed in claim 1 when the program segments are executed by the apparatus. Thus, claim 14 are rejected as the same reasons as set forth in claim 1.
Regarding claim 15, the limitations of the claim are rejected as the same reasons as set forth in claim 1.
Regarding claim 16, Budz discloses that patient information includes a medical report on diagnostic findings for the patient ([0144], the assigned data may comprise one or more medical reports, physician's letters, records of consultations with other users or patients, medical histories, laboratory data and/or demographic information items about the patient).
Regarding claim 18, , the limitations of the claim are rejected as the same reasons as set forth in claim 5.
Regarding claim 19, the limitations of the claim are rejected as the same reasons as set forth in claim 7.
Claims 2 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Budz et al. (US 2022/0122717 A1, hereinafter Budz) in view of Engel (US 2022/0044472 A1) as applied in claims above, and further in view of Collart (US 2020/0104522 A1).
Regarding claim 2, the combination of Budz and Engel different from the claimed invention in not specifically teaching that the calculating the 3D model utilizes photogrammetry. However, it is old and notoriously well known in the art of calculating 3D model utilizes photogrammetry, for example see Collart ([0146], system may also utilize a variety of technologies for capturing detail of a location, determining viewing angle/direction, and establishing proximity such as techniques to create a 3D scan including digital photogrammetry, LiDAR, infrared or structured light 3D scanning, laser scans, as well as visual and audio positioning methodologies. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in calculating the 3D model utilizes photogrammetry, as per teaching of Collart, in order to improve compatibility of the system.
Regarding claim 17, Engel discloses that the ascertaining, the generating and the calculating are performed in a first computing device (figure 1, 20 and [0164], arithmetic unit 20 is basically designed for calculation of a visualization image VB of a three-dimensional object based upon volume data VD describing the three-dimensional object); the supplying the 3D model includes supplying the 3D model to a second computing device (figure 2, 50), the second computing device being different from the first computing device; and the second computing device includes a portable end user device ([0167], once the visualization image VB has been calculated, it should be displayed to the user via the interface to a reproduction device, and the reproduction device can have a screen of a PC, laptop, tablet or smartphone) in order to make user friendly.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Budz et al. (US 2022/0122717 A1, hereinafter Budz) in view of Engel (US 2022/0044472 A1) as applied in claims above, and further in view of Zingaretti et al. (US 11,191,423 B1, hereinafter Zingaretti).
Regarding claim 10, the combination of Budz and Engel differs from the claimed invention in not specifically teaching that the patient information includes an annotation based on the three-dimensional object; and the generating includes inserting the annotation into the 3D model. However, Zingaretti teach a method for improving medical procedure including a display as shown in figure 4 may include area (figure 4, 33) that contains patient information, annotation and messaging that is pertinent to the procedure to manipulate capture views to complete the 3D model and/or 2D flat image (col. 11 lines 27-37). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in having that the patient information includes an annotation based on the three-dimensional object; and the generating includes inserting the annotation into the 3D model, in order to enhance the medical imaging system.
Regarding claim 20, the limitations of the claim are rejected as the same reasons as set forth in claim 10.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Budz et al. (US 2022/0122717 A1, hereinafter Budz) in view of Engel (US 2022/0044472 A1) as applied in claims above, and further in view of Lilliestrale et al. (US 2018/0365827 A1).
Regarding claim 21, the combination of Budz and Engel differs from the claimed invention in not specifically teaching that the ascertaining ascertains the parameter set to specify generation of N different visualization images, N being equal to or greater than 6. However, Lilliestrale teaches to generate each medical image stack using a specific sequence comprising a unique set of parameters that differs from the set of parameters used for generating the other medical image stacks such that different sets of parameters may be used to generate medical image stacks with different types of detail ([0038]) in order to enhance the geometrical accuracy and visual quality. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention in having that the ascertaining ascertains the parameter set to specify generation of N different visualization images, N being equal to or greater than 6, as per teaching of Lilliestrale, in order to enhance the geometrical accuracy and visual quality.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Knoplioch et al. (US 2021/0208567 A1) discloses a method for generating and displaying a volume rendering from volumetric imaging data to identify probe gestures (abstract and figures 3A-3B).
Kretschmer et al. (US 2017/0236308 A1) discloses a method for imaging a three-dimensional object comprises a parameter surface-determining unit adapted to define a three-dimensional parameterized surface which is conformal with the anatomical structure of the three-dimensional object ([0018]-[0028]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE ENG whose telephone number is (571)272-7495. The examiner can normally be reached Flex M to F, 7 am to 3 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alford Kindred can be reached at 571-272-4037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE ENG/Supervisory Patent Examiner, Art Unit 2699
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