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 .
DETAILED ACTION
Response to Amendment
The present Office Action is in response to the Request for Continued Examination dated 02/19/2026.
In the amendment dated 02/19/2026, the following occurred: Claims 1, 3-12 and 17-20 have been amended. Claims 2 and 13-16 were canceled.
Claims 1, 3-12 and 17-20 are currently pending.
Request for Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/19/2026 has been entered.
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 1-3-12 and 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1, 19 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a system, an apparatus and a non-transitory computer readable medium for information output on use of the contrast agent, which are within a statutory category.
Regarding claims 1, 19 and 20, the limitation of (claim 1 being representative) collecting a contrast image, acquire an upper limit of a use amount of the contrast agent available for the subject during the procedure, acquire an analysis result for each contrast imaging condition about the subject; and output information on a use of the contrast agent based on the upper limit of the use amount of the contrast agent and the analysis result, wherein the information on a use of the contrast agent includes a number of times with which the contrast agent is able to be injected into the subject and further regarding claim 19- the additional limitation of collect a contrast image of a subject as crafted, is/are processes that, under the broadest reasonable interpretation, covers certain methods of organizing human activity (i.e., managing personal behavior including following rules or instructions) but for recitation of generic computer components. That is other than reciting (in claim 1) a medical information processing system, a medical image diagnostic apparatus, an injector, first processing circuitry, a medical information processing apparatus and second processing circuitry, (in claim 19) processing circuitry and an injector and (in claim 20) a non-transitory computer readable medium, a computer and an injector, the claimed invention amounts to managing personal behavior or interaction between people. For example, but for the medical information processing system, the medical image diagnostic apparatus, the injector, the first processing circuitry, the second processing circuitry, the medical information processing apparatus, the processing circuitry, the non-transitory computer readable medium and the computer, the claims encompass collecting a contract image, acquiring a total amount of a contrast agent available, acquiring an analysis result for each contrast imaging condition and outputting information on use of the contrast agent and the analysis result in the manner described in the identified abstract idea, supra. The Examiner notes that certain “method[s] of organizing human activity” includes a person’s interaction with a computer (see MPEP 2106.04(a)(2)(II)). If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, claim 1 recites the additional elements of a medical information processing system, a medical image diagnostic apparatus, an injector, first processing circuitry, a medical information processing apparatus and processing circuitry. Claim 19 recites the additional element of processing circuitry and an injector. Claim 20 recites the additional element of a non-transitory computer readable medium, a computer and an injector. These additional elements are not exclusively defined by the applicant and are recited at a high-level of generality (i.e., a generic server for enabling access to medical information or generic computer components for performing generic computer functions) such that they amounts to no more than mere instructions to apply the exception using a generic computer component. As set forth in MPEP 2106.04(d) “merely including instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Claims 1, 19 and 20 further recite the additional element of controlling an operation of the injector to inject a contrast agent into a blood vessel of a subject during a procedure. This additional element is recited at a high level of generality (i.e. a general means to collect collecting a contrast image) and amounts to the mere collection of data, which is a form of extra-solution activity. Applicant disclosure at page 12 states that the injection of the contrast agent may be performed manually by the user. MPEP 2106.04(d)(I) indicates that extra-solution data gathering activity cannot provide a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of the medical information processing system, the medical image diagnostic apparatus, the injector, the first processing circuitry, the second processing circuitry, the medical information processing apparatus, the processing circuitry, the non-transitory computer readable medium and the computer to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). Moreover, using generic computer components to perform abstract ideas does not provide a necessary inventive concept. See Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention”). Therefore, whether considered alone or in combination, the additional elements do not amount to significantly more than the abstract idea.
Also as discussed above with respect to integration of the abstract idea into a practical application, the additional element of controlling an operation of the injector to inject a contrast agent into a blood vessel of a subject during a procedure was considered extra-solution activity. This has been re-evaluated under “significantly more” analysis and determined to be well-understood, routine and conventional activity in the field. The prior art of record indicates that controlling an operation of the injector to inject a contrast agent into a blood vessel of a subject during a procedure, thereby collecting contrast image, is well-understood, routine, conventional activity (see Sasaki at [0108] and [0109] and Chino at [0026] and [0044]). Well-understood, routine, conventional activity cannot provide an inventive concept (“significantly more”). As such the claim is not patent eligible.
The examiner notes that: A well-known, general-purpose computer has been determined by the courts to be a well-understood, routine and conventional element (see, e.g., Alice Corp. v. CLS Bank; see also MPEP 2106.05(d)); Receiving and/or transmitting data over a network (“a communications network”) has also been recognized by the courts as a well - understood, routine and conventional function (see, e.g., buySAFE v. Google; MPEP 2016(d)(II)); and Performing repetitive calculations is/are also well-understood, routine and conventional computer functions when they are claimed in a merely generic manner (see, e.g., Parker v. Flook; MPEP 2016.05(d)).
Claims 3-12 and 17-18 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination. Claim(s) 3 and 5 further merely describe(s) the information on the use of the contrast agent. Claim(s) 4, 7, 10, 11, 12 and 17 further merely describe(s) outputting/displaying information. Claim(s) 6, 8 and 9 further merely describe(s) the information on change. Claim(s) 18 further merely describe(s) the analysis result. As can be see, all of dependent claims further define/narrow the abstract idea. Claim(s) 17 also include the additional element of “an X-ray diagnostic apparatus ” which is analyzed the same as the medical image diagnostic apparatus above and does not provide practical application or significantly more. Claims 3-12 and 17-18 further define the abstract idea and are rejected for the same reason presented above with respect to claims 1, 19 and 20.
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.
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.
Claims 1-3-12 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki (US 2022/0031277), in view of Chino (US 2016/0051200) and in further view of Kalafut (US 2010/0114064).
REGARDING CLAIM 19
Sasaki discloses a medical image diagnostic apparatus comprising an injector and processing circuitry configured to collect a contrast image of a subject ([0060] teaches acquires the X-ray images acquired by the X-ray diagnostic apparatus (interpreted by Examiner as the medical image diagnostic apparatus), [0111] teaches acquire the blood vessel images from the X-ray diagnostic apparatus and at [0109] teaches acquiring plurality of contrast images (interpreted by Examiner as the a contrast image of a subject)), wherein the processing circuitry is configured to control an operation of the injector to inject the contrast agent into a blood vessel of the subject during the procedure, thereby collecting the contrast image ([0108] teaches a contrast medium is injected into his/her blood vessel by the X-ray diagnostic apparatus. The contrast medium may be manually injected by the user such as a doctor, or may be automatically injected by an injector disposed on the X-ray diagnostic apparatus. [0109] teaches the acquisition function acquires a plurality of contrast images by repeatedly emitting X-rays after the contrast medium is injected into the blood vessel of the subject (interpreted by examiner as wherein the processing circuitry is configured to control an operation of the injector to inject the contrast agent into a blood vessel of the subject during the procedure, thereby collecting the contrast image)),
Sasaki does not explicitly disclose, however Chino discloses:
acquire an analysis result for each contrast imaging condition about the subject (Chino at [0044] teaches acquires contrast agent injection information such as the injection amount of the contrast agent (interpreted by examiner as acquire the an upper limit of the use amount of the contrast agent available for the subject during a procedure)); and output information on use of the contrast agent based on the upper limit of the use amount of the contrast agent and the analysis result (Chino at [0007] teaches an output unit that outputs the contrast agent injection information associated with the slice image and [0028] teaches providing the user with useful information for the diagnosis of a patient (interpreted by Examiner as the output information on use of the contrast agent based on the upper limit of the use amount of the contrast agent, of Kalafut below, and the analysis result)),
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the medical image processing apparatus of Sasaki to incorporate the medical imaging system and contrast agent as taught by Chino, with the motivation of providing a medical imaging program system capable of easily checking the imaging timing of an image and the injection timing of a contrast agent. (Chino at [0006]).
Sasaki and Chino does not explicitly disclose, however Kalafut discloses:
acquire, for a contrast agent used for collection of the contrast image, an upper limit of the use amount of the contrast agent available for the subject during a procedure (Kalafut at [0102] teaches taking measures to reduce the amount of contrast agent used during the imaging procedure and [0072] teaches patient past history of contrast usage and considers height, weight, body surface area (BSA), creatinine level, body mass index (BMI) etc. [0076] teaches for example, if contrast dose and history exceeds some set amount, the contrast delivery system may provide the operator with an alert or automatically adjust the contrast injection parameters such as total contrast dose or dilution (interpreted by examiner as acquire, for a contrast agent used for collection of the contrast image, an upper limit of the use amount of the contrast agent available for the subject during a procedure)); and the information on a use of the contrast agent includes a number of times with which the contrast agent is able to be injected into the subject (Kalafut at [0079] teaches injection or delivery of additional contrast agent dose may be reduced or delayed by some recommended time to reduce risk, [0082] teaches clearance rate information coupled with contrast dose and contrast dose timing information may be used to predict the time needed for sufficient levels of contrast to clear before it is safe to administer more contrast to the patient and the time required until there is sufficient recovery for further contrast enhanced imaging (interpreted by Examiner as means to includes a number of times with which the contrast agent is able to be injected into the subject)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the medical image processing apparatus of Sasaki and the medical imaging system and contrast agent of Chino to incorporate the upper limit of the use amount of the contrast agent available for the subject during a procedure as taught by Kalafut, with the motivation of reducing the potential risk of Contrast induced nephropathy (CIN). (Kalafut at [0076]).
REGARDING CLAIMS 1 and 20
Claims 1 and 20 are analogous to Claim 19 thus Claims 1 and 20 are similarly analyzed and rejected in a manner consistent with the rejection of Claim 19.
REGARDING CLAIM 3
Sasaki, Chino and Kalafut disclose the limitation of claim 1.
Sasaki and Kalafut do not explicitly disclose wherein the information on use of the contrast agent includes a use plan of the contrast agent based on at least one of the number of times, the time during which, and the amount with which the contrast agent is able to be injected into the subject, however Chino further discloses:
The medical information processing system according to claim 1, wherein the information on use of the contrast agent includes a use plan of the contrast agent based on at least one of the number of times, the time during which, and the amount with which the contrast agent is able to be injected into the subject (Chino at [0044] teaches the contrast agent injection unit injects a contrast agent into the subject. When injecting a contrast agent into the subject, the contrast agent injection unit acquires contrast agent injection information (interpreted by Examiner as the use plan of the contrast agent). The contrast agent injection information is information indicating the injection time of the contrast agent, the injection duration of the contrast agent, the injection pressure of the contrast agent, the injection rate of the contrast agent, the injection amount of the contrast agent, the amount of iodine, and/or the type of the contrast agent (interpreted by Examiner as based on at least one of the number of times, the time during which, and the amount with which the contrast agent is able to be injected into the subject). The contrast agent injection unit supplies the contrast agent injection information to the injection information acquisition unit).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the medical image processing apparatus of Sasaki and the use of contrast agent available for the subject during a procedure of Kalafut to incorporate the information on use of the contrast agent includes a use plan of the contrast agent based on at least one of the number of times, the time during which, and the amount with which the contrast agent is able to be injected into the subject as taught by Chino, with the motivation of providing a medical imaging program system capable of easily checking the imaging timing of an image and the injection timing of a contrast agent. (Chino at [0006]).
REGARDING CLAIM 4
Sasaki, Chino and Kalafut disclose the limitation of claim 1.
Sasaki and Kalafut do not explicitly disclose wherein the second processing circuitry outputs at least one of the number of times, the time during which, and the amount with which the contrast agent is able to be injected into the subject together with at least one of an injection position at which the contrast agent is injected into the subject, a cumulative amount of the contrast agent used for the subject during the procedure, and the total amount, however Chino further discloses:
The medical information processing system according to claim 1, wherein the second processing circuitry outputs at least one of the number of times, the time during which, and the amount with which the contrast agent is able to be injected into the subject together with at least one of an injection position at which the contrast agent is injected into the subject, a cumulative amount of the contrast agent used for the subject during the procedure, and the total amount (Chino at [0064] teaches the output unit can display the injection position of the contrast agent (interpreted by Examiner as wherein the processing circuitry outputs an injection position at which the contrast agent is injected into the subject) Moreover, [0075] teaches displaying the amount of contrast agent at the imaging time of the image).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the medical image processing apparatus of Sasaki and the use of contrast agent available for the subject during a procedure of Kalafut to incorporate outputting at least one of the number of times, the time during which, and the amount with which the contrast agent is able to be injected into the subject together with at least one of an injection position at which the contrast agent is injected into the subject, a cumulative amount of the contrast agent used for the subject during the procedure, and the total amount as taught by Chino, with the motivation of providing a medical imaging program system capable of easily checking the imaging timing of an image and the injection timing of a contrast agent. (Chino at [0006]).
REGARDING CLAIM 5
Sasaki, Chino and Kalafut disclose the limitation of claim 1.
Sasaki further discloses:
The medical information processing system according to claim 1, wherein the information on use of the contrast agent includes, when a value of at least one of a number of times, a time during which, and an amount with which the contrast agent is injected into the subject is able to be acquired, information on change to the contrast imaging condition under which the value can be achieved (Sasaki at [0041] teaches the filter in the X-ray diaphragm changes radiation quality of the X-rays to be transmitted due to a material or a thickness thereof for the purpose of reducing an exposure dose for the subject P1 and improving image quality of the X-ray image, and reduces a soft ray component that is easily absorbed by the subject P1, or reduces a high energy component that causes deterioration in contrast of the X-ray image. The filter changes the dose and the irradiation range of the X-rays due to a material, a thickness, a position, and the like thereof, and attenuates the X-rays so that the X-rays emitted from the X-ray tube to the subject P1 are distributed in a predetermined manner (interpreted by Examiner as wherein the information on use of the contrast agent includes, when a value of at least one of a number of times, a time during which, and an amount with which the contrast agent is injected into the subject is able to be acquired, information on change to the contrast imaging condition under which the value can be achieved)).
REGARDING CLAIM 6
Sasaki, Chino and Kalafut disclose the limitation of claims 1 and 5.
Sasaki further discloses:
The medical information processing system according to claim 5, wherein the information on change includes a change in an injection position at which the contrast agent is injected into the subject (Sasaki at [004] teaches filter changes the dose and the irradiation range of the X-rays due to a material, a thickness, a position, and the like thereof (interpreted by examiner as wherein the information on change includes a change in an injection position)).
REGARDING CLAIM 7
Sasaki, Chino and Kalafut disclose the limitation of claims 1 and 5.
Sasaki further discloses:
The medical information processing system according to claim 5, wherein the second processing circuitry displays, as the information on change, an injection position before change and at least one injection position after change on a contrast image in which a blood vessel of the subject is contrasted and further displays an amount of the contrast agent to be reduced by changing the injection position in association with the at least one injection position after change (Sasaki at [0108] teaches previously acquiring the blood vessel image acquired from the subject P1. By way of example, the blood vessel image can be acquired by imaging the subject P1 in a state in which a contrast medium is injected into his/her blood vessel by the X-ray diagnostic apparatus. [0041] teaches the filter in the X-ray diaphragm changes radiation quality of the X-rays to be transmitted due to a material or a thickness thereof for the purpose of reducing an exposure dose for the subject P1 and improving image quality of the X-ray image, and reduces a soft ray component that is easily absorbed by the subject P1, or reduces a high energy component that causes deterioration in contrast of the X-ray image. [0042] teaches adjusting a position of the filter to control dose distribution of the X-rays emitted to the subject P1 and [0114] teaches improving accuracy in synthesis of the X-ray image I13t and the blood vessel image I14t by also applying the rotation/translation matrix W to the blood vessel image I14t to change the position and orientation thereof similarly to the X-ray image I13t (interpreted by Examiner as displays, as the information on change, an injection position before change and at least one injection position after change on a contrast image in which a blood vessel of the subject is contrasted and further displays an amount of the contrast agent to be reduced by changing the injection position in association with the at least one injection position after change)).
REGARDING CLAIM 8
Sasaki, Chino and Kalafut disclose the limitation of claims 1 and 5.
Sasaki and Kalafut do not explicitly disclose wherein the information on change includes a reduction in a concentration of the contrast agent to be injected into the subject, however Chino further discloses:
The medical information processing system according to claim 5, wherein the information on change includes a reduction in a concentration of the contrast agent to be injected into the subject (Chino at [0048] teaches change in injection amount of contrast agent (interpreted by Examiner as the reduction in a concentration of the contrast agent to be injected into the subject)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the medical image processing apparatus of Sasaki and the use of contrast agent available for the subject during a procedure of Kalafut to incorporate the information on change includes a reduction in a concentration of the contrast agent to be injected into the subject as taught by Chino, with the motivation of providing a medical imaging program system capable of easily checking the imaging timing of an image and the injection timing of a contrast agent. (Chino at [0006]).
REGARDING CLAIM 9
Sasaki, Chino and Kalafut disclose the limitation of claims 1 and 5.
Sasaki further discloses:
The medical information processing system according to claim 5, wherein the information on change includes a change in a medical device for injecting the contrast agent into the subject (Sasaki at [0064] teaches movement of device and moving forward and backward (interpreted by Examiner as a change in a medical device for injecting the contrast agent into the subject)).
REGARDING CLAIM 10
Sasaki, Chino and Kalafut disclose the limitation of claims 1 and 5.
Sasaki and Kalafut do not explicitly disclose wherein the processing circuitry outputs the information on change together with an amount of the contrast agent to be reduced by changing the contrast imaging condition, however Chino further discloses:
The medical information processing system according to claim 5, wherein the second processing circuitry outputs the information on change together with an amount of the contrast agent to be reduced by changing the contrast imaging condition (Chino at [0048] teaches a graph showing change in the injection amount of the contrast agent and [0061]teaches outputting image captured and outputting contrast agent injection information (interpreted by Examiner as means to output the information on change together with an amount of the contrast agent to be reduced by changing the contrast imaging condition)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the medical image processing apparatus of Sasaki and the use of contrast agent available for the subject during a procedure of Kalafut to incorporate outputting the information on change together with an amount of the contrast agent to be reduced by changing the contrast imaging condition as taught by Chino, with the motivation of providing a medical imaging program system capable of easily checking the imaging timing of an image and the injection timing of a contrast agent. (Chino at [0006]).
REGARDING CLAIM 11
Sasaki, Chino and Kalafut disclose the limitation of claims 1 and 5.
Sasaki further discloses:
The medical information processing system according to claim 5, wherein the second processing circuitry outputs the information on change together with information corresponding to each contrast imaging condition before and after change, the information being at least either at least one of a number of times, a time during which, and an amount with which the contrast agent is able to be injected into the subject or an injection position at which the contrast agent is injected into the subject (Sasaki at [0108] teaches previously acquiring the blood vessel image acquired from the subject P1. By way of example, the blood vessel image can be acquired by imaging the subject P1 in a state in which a contrast medium is injected into his/her blood vessel by the X-ray diagnostic apparatus. [0041] teaches the filter in the X-ray diaphragm changes radiation quality of the X-rays to be transmitted due to a material or a thickness thereof for the purpose of reducing an exposure dose for the subject P1 and improving image quality of the X-ray image, and reduces a soft ray component that is easily absorbed by the subject P1, or reduces a high energy component that causes deterioration in contrast of the X-ray image. [0042] teaches adjusting a position of the filter to control dose distribution of the X-rays emitted to the subject P1 and [0114] teaches improving accuracy in synthesis of the X-ray image I13t and the blood vessel image I14t by also applying the rotation/translation matrix W to the blood vessel image I14t to change the position and orientation thereof similarly to the X-ray image I13t (interpreted by Examiner as displays, as the information on change, an injection position before change and at least one injection position after change on a contrast image in which a blood vessel of the subject is contrasted and further displays an amount of the contrast agent to be reduced by changing the injection position in association with the at least one injection position after change)).
REGARDING CLAIM 12
Sasaki, Chino and Kalafut disclose the limitation of claims 1 and 5.
Sasaki and Kalafut do not explicitly disclose wherein the processing circuitry outputs the information on change together with at least either a cumulative amount of the contrast agent used for the subject during the procedure or the total amount, however Chino further discloses:
The medical information processing system according to claim 5, wherein the second processing circuitry outputs the information on change together with at least either a cumulative amount of the contrast agent used for the subject during the procedure or the total amount (Chino at [0007] teaches an output unit that outputs the contrast agent injection information associated with the slice image and [0028] teaches providing the user with useful information for the diagnosis of a patient (interpreted by Examiner as means to output the information on change together with at least either a cumulative amount of the contrast agent used for the subject during the procedure or the total amount)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the medical image processing apparatus of Sasaki and the use of contrast agent available for the subject during a procedure of Kalafut to incorporate outputting the information on change together with at least either a cumulative amount of the contrast agent used for the subject during the procedure or the total amount as taught by Chino, with the motivation of providing a medical imaging program system capable of easily checking the imaging timing of an image and the injection timing of a contrast agent. (Chino at [0006]).
REGARDING CLAIM 18
Sasaki, Chino and Kalafut disclose the limitation of claim 1.
Sasaki and Kalafut do not explicitly disclose wherein the processing circuitry acquires the analysis result based on luminal structure information of a blood vessel of the subject, a position of a region of interest, and an injection position at which the contrast agent is injected into the subject, however Chino further discloses:
The medical information processing system according to claim 1, wherein the second processing circuitry acquires the analysis result based on luminal structure information of a blood vessel of the subject, a position of a region of interest, and an injection position at which the contrast agent is injected into the subject (Chino at [0064] teaches the information acquisition unit segments the blood vessels, and acquires information indicating the position of the subject, at which the contrast agent has been injected, based on the image management information and the contrast agent injection information. Then, the information acquisition unit estimates the arrival position of the contrast agent based on the position, the injection time included in the contrast agent injection information, and the imaging time of the slice image included in the image management information corresponding to the slice image. Then, the output unit can display the injection position of the contrast agent and the arrival position of the contrast agent (interpreted by Examiner as acquires the analysis result based on luminal structure information of a blood vessel of the subject, a position of a region of interest, and an injection position at which the contrast agent is injected into the subject)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the medical image processing apparatus of Sasaki and the use of contrast agent available for the subject during a procedure of Kalafut to incorporate acquiring the analysis result based on luminal structure information of a blood vessel of the subject, a position of a region of interest, and an injection position at which the contrast agent is injected into the subject as taught by Chino, with the motivation of providing a medical imaging program system capable of easily checking the imaging timing of an image and the injection timing of a contrast agent. (Chino at [0006]).
Response to Arguments
Rejection under 35 U.S.C. § 101
Regarding the rejection of claims 1, 3-12 and 17-20, the Examiner has considered the Applicant’s arguments, but does not find them persuasive. Applicant argues:
Applicant amended independent claims 1, 19 and 20 to recite a tangible practical application (i.e., an injector and a "control operation of the injector to inject a contrast agent into a blood vessel of a subject during a procedure"). Accordingly, Applicant respectfully submits that the claims recite patent eligible subject matter and requests that the rejection of claims 1-20 under 35 USC § 101 be withdrawn.
Regarding 1, The Examiner respectfully disagrees. Controlling an operation of the injector to inject a contrast agent into a blood vessel of a subject during a procedure, thereby collecting contrast images was analyzed as an additional element, that is recited at a high level of generality (i.e. a general means to collect collecting a contrast image) and amounts to the mere collection of data, which is a form of extra-solution activity. Moreover, Applicant disclosure at page 12 states that the injection of the contrast agent may be performed manually by the user. MPEP 2106.04(d)(I) indicates that extra-solution data gathering activity cannot provide a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application.
Rejection under 35 U.S.C. § 103
Regarding the rejection of claims 1, 3-12 and 17-20, the Examiner has considered the Applicant’s arguments, but does not find them persuasive. Applicant argues:
… The contrast agent injection information of Chino (i.e., a record) is not based on "the upper limit of the use amount of the contrast agent and the analysis result." As such, Chino does not disclose "a number of times with which the contrast agent is able to be injected into the subject." Accordingly, Applicant respectfully submits that Chino fails to disclose or suggest at least the aforementioned features recited in amended independent claims 1, 19 and 20..
Regarding 1, The Examiner respectfully submits that Chino is not relied upon to teach the "a number of times with which the contrast agent is able to be injected into the subject", but Kalafut is. Please refer to the new rejection under 35 U.S.C. § 103.
…These paragraphs of Kalafut disclose information regarding the contrast dose, but do not disclose "a number of times with which the contrast agent is able to be injected into the subject." Accordingly, Applicant respectfully submits that Kalafut fails to disclose or suggest at least the aforementioned features recited in amended independent claims 1, 19 and 20.
Regarding 2, The Examiner respectfully submits that the paragraphs the Applicant refers to are not cited by the Examiner to teach the above mentioned limitation. Please refer to the new rejection under 35 U.S.C. § 103 that discloses Kalafut at para. [0079] teaches injection or delivery of additional contrast agent dose may be reduced or delayed by some recommended time to reduce risk and at para. [0082] teaches clearance rate information coupled with contrast dose and contrast dose timing information may be used to predict the time needed for sufficient levels of contrast to clear before it is safe to administer more contrast to the patient and the time required until there is sufficient recovery for further contrast enhanced imaging. This is interpreted by Examiner as means to includes a number of times with which the contrast agent is able to be injected into the subject.
Given the broadest reasonable interpretation, the cited references in combination teach the claimed feature.
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). Given the broadest reasonable interpretation, the cited references teach the argued feature(s)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIZA TONY KANAAN whose telephone number is (571)272-4664. The examiner can normally be reached on Mon-Thu 9:00am-6:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Morgan can be reached on 571-272-6773. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.T.K./Examiner, Art Unit 3683
/ROBERT W MORGAN/Supervisory Patent Examiner, Art Unit 3683