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 the remarks filed on 01/02/2026.
The amendment filed 01/06/2026 has been entered. Claims 16-35 remain pending in the application, claims 1-15 have been canceled, and claims 21-35 have been newly added.
The 35 USC § 101 rejection has been withdrawn in light of the claim amendments.
The 112(b) rejection has been withdrawn in light of claim amendments.
Claim Interpretation
The claims recite “dynamic panoramic three-dimensional ultrasound image”. For examination purposes, a “dynamic panoramic three-dimensional ultrasound image” will be interpreted as plurality of image frames acquired at different points in time based on paragraph [0017] of the specification “dynamic images include a plurality of image frames acquired at different points in time” If applicant does not intend to have the “dynamic panoramic three-dimensional ultrasound image” of claim 16 interpreted as such, applicant may amend the claim.
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.
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 16-21 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Halmann (US 20210350539 A1, hereinafter Halmann '539) and Shahedi et al. (US 20240260945 A1, hereinafter “Shahedi”).
Regarding claim 16, Halmann '539 teaches an ultrasound imaging system (ultrasound imaging system [0017]), comprising:
a display device (display device 11 [0019]);
an ultrasound probe (display device 11 [0019]) configured to acquire dynamic three-dimensional ultrasound image data (three-dimensional image data [0024]); and
a processor in electronic communication with the ultrasound probe and the display device (and a processor in electronic communication with the ultrasound probe and the display device [0006]), wherein the processor is configured with computer-readable instructions stored on non-transitory memory that (non-transitory computer-readable storage media [0023]), when executed, cause the processor to:
generate a plurality of three-dimensional rib space segments from the dynamic three-dimensional ultrasound image data (The ultrasound image data that is acquired (as described herein) may represent portions of the thoracic cavity 200, including lungs 208, a plurality of ribs… a plurality of intercostal spaces located between the ribs [0025])
generate a dynamic panoramic three-dimensional ultrasound image (displaying the ultrasound image data as a panoramic view comprising a plurality of videos, wherein each of the plurality of videos is based on a different one of the plurality of segments of interest [0005]; The ultrasound image data includes a plurality of frames of ultrasound image data, each acquired at a different time [0040]) depicting the plurality of three-dimensional rib space segments in an anatomical order wherein the anatomical order is a same anatomical order as the imaging subject (As the probe is being translated during the acquisition of the ultrasound data during step 402, the anatomy being acquired in each frame of the ultrasound image data is different. …. Likewise, the processor 116 may be configured to identify the frame in the ultrasound image data where the ultrasound image data transitions from a particular intercostal space with a relatively high intensity to the adjacent (next) rib shadow with a relatively low intensity [0040]); and
display, on the display device, the dynamic panoramic three-dimensional ultrasound image, wherein the plurality of three-dimensional rib space segments takes a same amount of time to play (Temporally scaling the ultrasound image data enables the display of a panoramic view, such as the panoramic view 600, where each of the video takes the same amount of time to play before repeating. The processor 116 may also synchronize all the videos in the panoramic view so each of the videos transitions from an end of the loop to a start of the loop (i.e., loops) at the same time. [0053]; intercostal space/rib space segments are shown as disclosed in fig 2 and [0025]).
Halmann, however, does not teach: temporally scale each of the plurality of three-dimensional rib space segments relative to one another such that each of the plurality of three-dimensional rib space segments takes a same amount of time to play; temporally synchronize the plurality of three-dimensional rib space segments to a respiratory cycle of the imaging subject; the dynamic panoramic three-dimensional ultrasound image consolidated into a single display, the single display comprising simultaneous output of the plurality of three-dimensional rib space segments that are each temporally scaled relative to one another and are temporally synchronized to the respiratory cycle of the imaging subject.
Shahedi is analogous to the instant application as “Four-dimensional lung ultrasound imaging for image-guided interventional procedures”.
Shahedi teaches:
temporally scale each of the plurality of three-dimensional rib space segments relative to one another such that each of the plurality of three-dimensional rib space segments takes a same amount of time to play (Step 210 states to generate 2D ultrasound image slices of the lung over multiple breath cycles. With additional reference to FIGS. 6-7, an ultrasound transducer or probe 202 is operable to obtain a set of 2D image slices 204 of the lung 206 by moving the probe across the patient 208 while the patient is breathing [0053]; an image sequence can be computed and rendered according to natural breathing or anticipated breathing motion. The lung may be shown during a portion of a breathing cycle, for the entire breathing cycle, or across multiple breathing cycles [0072])
temporally synchronize the plurality of three-dimensional rib space segments to a respiratory cycle of the imaging subject (an image sequence can be computed and rendered according to natural breathing or anticipated breathing motion. The lung may be shown during a portion of a breathing cycle, for the entire breathing cycle, or across multiple breathing cycles [0072])
the dynamic panoramic three-dimensional ultrasound image consolidated into a single display, the single display comprising simultaneous output of the plurality of three-dimensional rib space segments that are each temporally scaled relative to one another and are temporally synchronized to the respiratory cycle of the imaging subject (Step 210 states to generate 2D ultrasound image slices of the lung over multiple breath cycles. With additional reference to FIGS. 6-7, an ultrasound transducer or probe 202 is operable to obtain a set of 2D image slices 204 of the lung 206 by moving the probe across the patient 208 while the patient is breathing [0053]; an image sequence can be computed and rendered according to natural breathing or anticipated breathing motion. The lung may be shown during a portion of a breathing cycle, for the entire breathing cycle, or across multiple breathing cycles [0072]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Halmann ‘539 to include temporally scale each of the plurality of three-dimensional rib space segments relative to one another such that each of the plurality of three-dimensional rib space segments takes a same amount of time to play; temporally synchronize the plurality of three-dimensional rib space segments to a respiratory cycle of the imaging subject, and the dynamic panoramic three-dimensional ultrasound image consolidated into a single display, the single display comprising simultaneous output of the plurality of three-dimensional rib space segments that are each temporally scaled relative to one another and are temporally synchronized to the respiratory cycle of the imaging subject, as taught by Shahedi. Doing so would assist a physician reach a target in the lung during a procedure, as suggested by Shahedi ([0046]).
Regarding claim 17, modified Halmann '539 further teaches the ultrasound imaging system of claim 16, as discussed above. Halmann '539 further teaches a wherein the ultrasound probe is configured to capture dynamic three-dimensional ultrasound image data as the ultrasound probe is swept over an imaging subject ([0035], [0039]-[0040] discloses recording data while ultrasound probe is translated/swept across while acquiring data; [0024] discloses formation of three-dimensional images).
Regarding claim 18, modified Halmann '539 teaches the ultrasound imaging system of claim 17, as discussed above. Halmann further teaches wherein the ultrasound probe is a matrix array probe (matrix array probe [0017]).
Regarding claim 19, modified Halmann '539 teaches the ultrasound imaging system of claim 16, discussed above. Halmann further teaches wherein the processor is further configured with instructions in the non-transitory memory that, when executed, cause the processor to:
generate the plurality of three-dimensional ([0024] discloses formation of three-dimensional images) rib space segments in real-time (The data may be processed in real-time during a scanning session as the echo signals are received) as the ultrasound probe is swept over a corresponding rib space (The processor 116 can examine the image data acquired by the ultrasound probe 106 to determine how quickly the probe 106 is moving relative to the body of the person 204. For example, as new or additional ultrasound image data is acquired of new or different areas of the lung 208, ribs, or the like, the processor 116 can determine that the ultrasound probe 106 is being moved. These new or different areas can include image data of additional intercostal spaces and/or rib shadow [0035]); and
identify and expose a pleural surface of each of the plurality of three-dimensional rib space segments (The ultrasound probe 106 can be moved along the outside of the person 204 along the thoracic cavity 200 to acquire ultrasound image data of the lungs 208 of the person 204 [0027]; the segments of interest correspond to the intercostal spaces and show data acquired from the person's lung [0040])
Regarding claim 20, modified Halmann '539 teaches the ultrasound imaging system of claim 16, as discussed above. Halmann '539, however, does not teach wherein the processor is further configured with instructions in the non-transitory memory that, when executed, cause the processor to: temporally synchronize the plurality of three-dimensional rib space segments to the respiratory cycle of the imaging subject by identifying the respiratory cycle in each of the plurality of three-dimensional rib spaces, and synchronizing the plurality of three-dimensional rib spaces to the respiratory cycle; and output the dynamic panoramic three-dimensional ultrasound image for display as a video.
Regarding claim 21, modified Halmann '539 teaches the ultrasound imaging system of claim 16, as discussed above. Halmann '539, however does not teach wherein the processor is further configured with instructions in the non-transitory memory that, when executed, cause the processor to: temporally synchronize the plurality of three-dimensional rib space segments to the respiratory cycle of the imaging subject by identifying the respiratory cycle in each of the plurality of three-dimensional rib spaces, and synchronizing the plurality of three-dimensional rib spaces to the respiratory cycle; and output the dynamic panoramic three-dimensional ultrasound image for display as a video.
Shahedi, however, teaches:
wherein the processor is further configured with instructions in the non-transitory memory that, when executed, cause the processor to:
temporally synchronize the plurality of three-dimensional rib space segments to the respiratory cycle of the imaging subject by identifying the respiratory cycle in each of the plurality of three-dimensional rib spaces (Step 210 states to generate 2D ultrasound image slices of the lung over multiple breath cycles. With additional reference to FIGS. 6-7, an ultrasound transducer or probe 202 is operable to obtain a set of 2D image slices 204 of the lung 206 by moving the probe across the patient 208 while the patient is breathing [0053]; an image sequence can be computed and rendered according to natural breathing or anticipated breathing motion. The lung may be shown during a portion of a breathing cycle, for the entire breathing cycle, or across multiple breathing cycles [0072]), and
synchronizing the plurality of three-dimensional rib spaces to the respiratory cycle (an image sequence can be computed and rendered according to natural breathing or anticipated breathing motion. The lung may be shown during a portion of a breathing cycle, for the entire breathing cycle, or across multiple breathing cycles [0072]); and
output the dynamic panoramic three-dimensional ultrasound image for display as a video (an image sequence can be computed and rendered according to natural breathing or anticipated breathing motion. The lung may be shown during a portion of a breathing cycle, for the entire breathing cycle, or across multiple breathing cycles [0072]; The lung video may be shown for a portion or phase of a breathing cycle, an entire breathing cycle, or across multiple breathing cycles [0060]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Halmann ‘539 to include however does not teach wherein the processor is further configured with instructions in the non-transitory memory that, when executed, cause the processor to: temporally synchronize the plurality of three-dimensional rib space segments to the respiratory cycle of the imaging subject by identifying the respiratory cycle in each of the plurality of three-dimensional rib spaces, and synchronizing the plurality of three-dimensional rib spaces to the respiratory cycle; and output the dynamic panoramic three-dimensional ultrasound image for display as a video, as taught by Shahedi. Doing so would assist a physician reach a target in the lung during a procedure, as suggested by Shahedi ([0046]).
Regarding claim 26, modified Halmann ‘539 teaches the ultrasound imaging system of claim 21, as discussed above. Halmann further teaches wherein temporally synchronizing the plurality of three-dimensional rib space segments includes instructions to apply temporal scaling to expand and/or contract one or more of the plurality of three- dimensional rib space segment such that a start time and an end time of display for each of the three-dimensional rib space segments occurs simultaneously during display of the plurality of three-dimensional rib space segments (each of the segments of interest may be ultrasound image data acquired from a different intercostal space of a patient's lung region [0051]); the processor 116 may temporally expand some of the segments of interest while temporally contracting other segments of interest [0045]).
Regarding claim 27, modified Halmann ‘539 teaches the ultrasound imaging system of claim 21, as discussed above. Halmann further teaches wherein the dynamic three- dimensional ultrasound image data are acquired by sweeping a three-dimensional ultrasound probe across multiple rib spaces while acquiring the dynamic three-dimensional ultrasound image data (The processor 116 may calculate the vertical position of the COM at each location in the direction of the translation or sweep of the ultrasound probe 106. At locations where there is a rib and a rib shadow, the COM tends to be close to the surface of the ultrasound probe 106 (i.e., at shallower depths in the image), while the COM tends to be deeper for portions of the image with an intercostal space. The processor 116 may determine the positions of rib shadows and intercostal spaces based on the COM calculation with respect to either time or distance [0039]).
Regarding claim 28, modified Halmann ‘539 teaches the ultrasound imaging system of claim 27, as discussed above. Halmann further teaches wherein the three-dimensional ultrasound probe is swept across multiple rib spaces in a sagittal motion from a bottom of a thoracic cavity to a top of the thoracic cavity, or vice versa (The ultrasound probe 106 may be translated in a direction substantially parallel to the sagittal plane 202 in order to acquire the ultrasound image data [0040]; sagittal plane is across the rib spaces/thoracic cavity as shown in fig.2 and disclosed in [0040]).
Claims 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Halmann (US 20210350539 A1, hereinafter Halmann '539) in view of Shahedi et al. (US 20240260945 A1) and Halmann et al. (US 20190328361 A1, of record, hereinafter Halmann '361).
Regarding claim 22, modified Halmann ‘539 teaches the ultrasound imaging system of claim 21, as discussed above. Halmann ‘539 further teaches wherein the instructions to generate the plurality of three-dimensional rib space segments comprises instructions to:
automatically identify a plurality of rib shadows in the dynamic three-dimensional ultrasound image data ([0036]-[0037] discloses identification of rib blocks/shadows; [0038] The processor 116 may also use artificial intelligence, such as by using a neural network to identify the segments of interest in the ultrasound image data);
define boundaries between each of a plurality of rib spaces using the plurality of rib shadows (The processor 116 can examine the image data acquired by the ultrasound probe 106 to determine how quickly the probe 106 is moving relative to the body of the person 204. For example, as new or additional ultrasound image data is acquired of new or different areas of the lung 208, ribs, or the like, the processor 116 can determine that the ultrasound probe 106 is being moved. These new or different areas can include image data of additional intercostal spaces and/or rib shadows…, it may be desirable to identify segments of interest corresponding to the intercostal spaces, such as the first intercostal space 231… [0035]).
Halmann ‘539, however, is silent regarding split the dynamic three-dimensional ultrasound image data into multiple volumes, based on the boundaries between each of the plurality of rib spaces.
Halmann ‘361 is considered analogous to the instant application as “Ultrasound imaging system and method” is disclosed (title).
Halmann ‘361 teaches split the dynamic three-dimensional ultrasound image data into multiple volumes, based on the boundaries between each of the plurality of rib spaces (automatically divide the ultrasound image data into segments of interest based on where the ultrasound image data was acquired [0105]; A segment of interest can be a subset or portion of the combined image data that is selected based on characteristics of the image data [0057]; A zone of interest can be one or more internal volumes of the person 204 that is sought to be imaged using the probe 106. For example, a zone of interest can include several (or all) intercostal spaces in one lung of the person 204, can include several (or all) ribs of one lung of the person 204 [0080]; [0081] discloses selecting volumes of the person in the zone of interest, [0089] discloses automatic dividing, i.e. splitting of the image data, based off the segment of interest).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Halmann ‘539 to include split the dynamic three-dimensional ultrasound image data into multiple volumes, based on the boundaries between each of the plurality of rib spaces, as taught by Halmann ‘361. Doing so would allow for the improved presentation of real-time image data to an operator so that the operator can concurrently view different portions of an imaged body, as suggested by Halmann ‘361 ([0027]).
Regarding claim 23, modified Halmann ‘539 teaches the ultrasound imaging system of claim 22, as discussed above. Halmann ‘539 further teaches wherein the plurality of rib shadows are detected by tracking motion of the ultrasound probe used to capture the dynamic three-dimensional ultrasound image data during an imaging scan (The processor 116 may calculate the vertical position of the COM at each location in the direction of the translation or sweep of the ultrasound probe 106. At locations where there is a rib and a rib shadow, the COM tends to be close to the surface of the ultrasound probe 106 (i.e., at shallower depths in the image), while the COM tends to be deeper for portions of the image with an intercostal space. The processor 116 may determine the positions of rib shadows and intercostal spaces based on the COM calculation with respect to either time or distance. For example, according to an exemplary embodiment, the processor 116 may identify positions of ribs and rib shadow by identifying regions of the image where the COM calculation is relatively high; and the processor 116 may identify positions of intercostal spaces or pleural regions in the image by identifying regions of the image where the COM calculations are relatively low. [0039]).
Regarding claim 24, Halmann ‘539 teaches the ultrasound imaging system of claim 22, as discussed above. Halmann ‘539 further teaches wherein the plurality of rib shadows are detected by intensity and/or brightness of pixels of the dynamic three- dimensional ultrasound image data (the processor 116 may be configured to automatically identify segments of interest in the ultrasound image data. A segment of interest can be a subset or portion of the combined image data that is selected based on characteristics of the image data. The processor 116 can examine characteristics of the pixels (or other subsets of the image data) to identify the segments of interest, such as the color, intensity, brightness, or the like, of the pixels in the image data [0033]; The processor 116 can identify the segments of interest, such as the intercostal spaces, based on changes in the characteristics of the image data, such as changes in intensity (e.g., increasing in intensity when an additional intercostal space is being imaged or decreasing in brightness when a rib is being imaged [0035]).
Claims 25, 29-31, 33, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Halmann (US 20210350539 A1, hereinafter Halmann '539) in view of Shahedi et al. (US 20240260945 A1, hereinafter "Shahedi") and Wang et al. (US 20190105013 A1, hereinafter "Wang").
Regarding claim 25, modified Halmann ‘539 teaches the ultrasound imaging system of claim 21, as discussed above. Halmann ‘539, however does not teach wherein depicting the plurality of three-dimensional rib space segments in the anatomical order includes further instructions to identify and expose a pleural surface of each three-dimensional rib space segment, and order the plurality of three-dimensional rib space segments according to the anatomical order based on the pleural surface.
Wang is considered analogous to the instant application as “Ultrasound system and method for detecting lung sliding” is disclosed (title).
Wang teaches wherein depicting the plurality of three-dimensional rib space segments in the anatomical order includes further instructions to identify and expose a pleural surface of each three-dimensional rib space segment, and order the plurality of three-dimensional rib space segments according to the anatomical order based on the pleural surface ([0026], [0030]-[0031] and [0059] extracting sub-regions within ultrasound image frames, including pleura and rib, [0011] and [0057] discloses that data frames can come from 3D images, and [0067] discloses calculation of depth of the ribs [0009] discloses regions containing pleural interfaces).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Halmann ‘539 to include identify and expose a pleural surface of each three-dimensional rib space segment, and order the plurality of three-dimensional rib space segments according to the anatomical order based on the pleural surface, as taught by Wang. Doing so would provide an ultrasound system and method capable of deriving and presenting quantitative and/or qualitative information so as to facilitate understanding and/or interpretation of ultrasound data of the lung region, as suggested by Wang ([0008])
Regarding claim 29, modified Halmann ‘539 teaches the ultrasound imaging system of claim 16, as discussed above. Halmann ‘539 further teaches wherein the processor is further configured with instructions in the non-transitory memory that, when executed, cause the processor to:
sequentially align the plurality of three-dimensional rib space segments according to the anatomical order using image characteristics of the pleural surface (As the probe is being translated during the acquisition of the ultrasound data during step 402, the anatomy being acquired in each frame of the ultrasound image data is different. …. Likewise, the processor 116 may be configured to identify the frame in the ultrasound image data where the ultrasound image data transitions from a particular intercostal space with a relatively high intensity to the adjacent (next) rib shadow with a relatively low intensity [0040]);
synchronize a timing of display of each rib space segment of the plurality of three- dimensional rib space segments such that a start and an end of display of each rib space occurs simultaneously (The image data 500 may be a video showing movement of one or more portions of the intercostal spaces 504 and/or rib shadows 506. [0034]; According to one embodiment, the processor 116 may use the intensity information in order to identify the start time and the end time associated with each of the segments of interest. The processor 116 may be configured to identify the times associated with the transition from rib shadow to intercostal space and the transition from the intercostal space to rib shadow [0040]; Temporally scaling the ultrasound image data enables the display of a panoramic view, such as the panoramic view 600, where each of the video takes the same amount of time to play before repeating. The processor 116 may also synchronize all the videos in the panoramic view so each of the videos transitions from an end of the loop to a start of the loop (i.e., loops) at the same time. [0053]); and
display the dynamic three-dimensional ultrasound image data as the dynamic panoramic three-dimensional ultrasound image (Temporally scaling the ultrasound image data enables the display of a panoramic view, such as the panoramic view 600, where each of the video takes the same amount of time to play before repeating. The processor 116 may also synchronize all the videos in the panoramic view so each of the videos transitions from an end of the loop to a start of the loop (i.e., loops) at the same time. [0053]; intercostal space/rib space segments are shown as disclosed in fig 2 and [0025]).
Halmann ‘539, however is silent regarding identify and expose a pleural surface in each of the plurality of three-dimensional rib space segments, and sequentially align the plurality of three-dimensional rib space segments according to the anatomical order using image characteristics of the pleural surface
Wang is considered analogous to the instant application as “Ultrasound system and method for detecting lung sliding” is disclosed (title).
Wang teaches identify and expose a pleural surface in each of the plurality of three-dimensional rib space segments ([0026], [0030]-[0031] and [0059] extracting sub-regions within ultrasound image frames, including pleura and rib, [0011] and [0057] discloses that data frames can come from 3D images, and [0067] discloses calculation of depth of the ribs [0009] discloses regions containing pleural interfaces),
and sequentially align the plurality of three-dimensional rib space segments according to the anatomical order using image characteristics of the pleural surface ([0026], [0030]-[0031] and [0059] extracting sub-regions within ultrasound image frames, including pleura and rib, [0011] and [0057] discloses that data frames can come from 3D images, [0059] discloses mapping of the image frames based off of the extracted data).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Halmann ‘539 to include identify and expose a pleural surface of each three-dimensional rib space segment, and order the plurality of three-dimensional rib space segments according to the anatomical order based on the pleural surface, as taught by Wang. Doing so would provide an ultrasound system and method capable of deriving and presenting quantitative and/or qualitative information so as to facilitate understanding and/or interpretation of ultrasound data of the lung region, as suggested by Wang ([0008])
Regarding claim 30, modified Halmann ‘539 teaches the ultrasound imaging system of claim 29, as discussed above. Although Halmann discloses distinguishing the healthy pleura from irregular pleura ([0539]), Halmann does not explicitly teach sequentially align the plurality of three-dimensional rib space segments includes instructions to align the plurality of three-dimensional rib space segments based on characteristics of each rib space of the plurality of three-dimensional rib space segments, including characteristics of the pleural surface.
Wang, however, teaches sequentially align the plurality of three-dimensional rib space segments includes instructions to align the plurality of three-dimensional rib space segments based on characteristics of each rib space of the plurality of three-dimensional rib space segments, including characteristics of the pleural surface ([0026], [0030]-[0031] and [0059] extracting sub-regions within ultrasound image frames, including pleura and rib, [0011] and [0057] discloses that data frames can come from 3D images, [0059] discloses mapping of the image frames based off of the extracted data).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Halmann ‘539 to include sequentially align the plurality of three-dimensional rib space segments includes instructions to align the plurality of three-dimensional rib space segments based on characteristics of each rib space of the plurality of three-dimensional rib space segments, including characteristics of the pleural surface, as taught by Wang. Doing so would provide an ultrasound system and method capable of deriving and presenting quantitative and/or qualitative information so as to facilitate understanding and/or interpretation of ultrasound data of the lung region, as suggested by Wang ([0008])
Regarding claim 31, modified Halmann ‘539 teaches the ultrasound imaging system of claim 29, as discussed above. Halmann ‘539 further teaches wherein the instructions to synchronize the timing of display comprises instructions to adjust a playback speed of display of one or more rib spaces (According to another embodiment, the processor 116 may generate one or more interpolated frames in order to ensure that playback of each of the videos in the panoramic image takes the same amount of time. For example, the processor 116 may insert interpolated frames in order to adjust the time it takes for the video based on the particular segment of interest to play [0046]).
Regarding claim 33, modified Halmann ‘539 teaches the ultrasound imaging system of claim 29, as discussed above. Halmann further teaches wherein the instructions to identify the plurality of three-dimensional rib space segments in the dynamic three- dimensional ultrasound image data includes:
instructions to detect a plurality of rib shadows in the dynamic three-dimensional ultrasound image data (FIG. 5A includes a plurality of segments of interest and a plurality of rib shadows. The rib shadows indicate locations where passage of the pulsed ultrasonic signals was blocked by the ribs. [0032]), and
use the plurality of rib shadows as boundaries between each of the plurality of three-dimensional rib space segments (The processor 116 may determine the positions of rib shadows and intercostal spaces based on the COM calculation with respect to either time or distance. For example, according to an exemplary embodiment, the processor 116 may identify positions of ribs and rib shadow by identifying regions of the image where the COM calculation is relatively high; and the processor 116 may identify positions of intercostal spaces or pleural regions in the image by identifying regions of the image where the COM calculations are relatively low… The processor 116 may identify the relative peaks 562 in the COM plot 560 and the relative valleys 564 in the COM plot 560. The relative peaks 562 correspond to regions of the image with ribs and rib shadows whereas the relative valleys 564 correspond to regions of the image obtains from intercostal spaces/pleural regions [0039]).
Regarding claim 35, modified Halmann ‘539 teaches the ultrasound imaging system of claim 29, as discussed above. Halmann ‘539 further teaches wherein the instructions to sequentially align the plurality of three-dimensional rib space segments includes instructions to arrange the plurality of three-dimensional rib space segments according to the anatomical order based on image characteristics of each rib space (As the probe is being translated during the acquisition of the ultrasound data during step 402, the anatomy being acquired in each frame of the ultrasound image data is different. …. Likewise, the processor 116 may be configured to identify the frame in the ultrasound image data where the ultrasound image data transitions from a particular intercostal space with a relatively high intensity to the adjacent (next) rib shadow with a relatively low intensity [0040]);
Claims 32 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Halmann (US 20210350539 A1, hereinafter Halmann '539) in view of Shahedi et al. (US 20240260945 A1), Wang et al. (US 20190105013 A1, hereinafter "Wang"), and Halmann et al. (US 20190328361 A1, hereinafter "Halmann '361").
Regarding claim 32, modified Halmann ‘539 teaches the ultrasound imaging system of claim 29, as discussed above. Halmann ‘539, however, does not teach synchronize the timing of display comprises instructions to identify a respiratory cycle in each of the plurality of three-dimensional rib space segments, and synchronize the respiratory cycle of the plurality of three-dimensional rib space segments.
Halmann ‘361 is considered analogous to the instant application as “Ultrasound imaging system and method” is disclosed (title).
Halmann ‘361 teaches synchronize the timing of display comprises instructions to identify a respiratory cycle in each of the plurality of three-dimensional rib space segments, and (The respiratory cycle can be measured or estimated by the processor 116 based on movement of one or more portions of the image data. [0060]; The processor 116 can use the calculated, estimated, or reported respiratory rate or cycle to synchronize the video image data associated with the different segments of interest 610 [0061]; [0080] discloses identification of intercostal spaces in the lung).
synchronize the respiratory cycle of the plurality of three-dimensional rib space segments (the segments of interest 610 represent different intercostal spaces 504, and are separated from each other by boundaries 612 (shown in FIG. 6, but appearing in FIGS. 6 through 11), which may be visible on the display device 118 to aid the operator in viewing and/or selecting one or more segments of interest 610. The segments of interest 610 optionally can be referred to as inter-rib segments. [0058]; The processor 116 can synchronize the videos of the different segments of interest 610 based on respiratory cycle timing of the person 204 being imaged [0060]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Halmann ‘539 to include synchronize the timing of display comprises instructions to identify a respiratory cycle in each of the plurality of three-dimensional rib space segments, and synchronize the respiratory cycle of the plurality of three-dimensional rib space segments, as taught by Halmann ‘361. Doing so would allow for the improved presentation of real-time image data to an operator so that the operator can concurrently view different portions of an imaged body, as suggested by Halmann ‘361 ([0027]).
Regarding claim 34, modified Halmann ‘539 teaches the ultrasound imaging system of claim 33, as discussed above. Halmann ‘539, however, does not teach wherein using the plurality of rib shadows as boundaries comprises splitting the dynamic three-dimensional ultrasound image data into multiple volumes that show portions of the dynamic three-dimensional ultrasound image data that each include a single rib space.
Halmann ‘361, however, teaches wherein using the plurality of rib shadows as boundaries comprises splitting the dynamic three-dimensional ultrasound image data into multiple volumes that show portions of the dynamic three-dimensional ultrasound image data that each include a single rib space (the ultrasound image data acquired of first and second ribs 206 and the intercostal space between these first and second ribs 206 can be displayed in one part of the display device 118, the ultrasound image data acquired of second and third ribs 206 and the intercostal space between the second and third ribs 206 can be displayed in another part of the display device 118 (e.g., adjacent to or abutting the image data portion of the first and second ribs 206 and corresponding intercostal space), and so on [0050]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Halmann ‘539 to include wherein using the plurality of rib shadows as boundaries comprises splitting the dynamic three-dimensional ultrasound image data into multiple volumes that show portions of the dynamic three-dimensional ultrasound image data that each include a single rib space, as taught by Halmann ‘361. Doing so would allow for the improved presentation of real-time image data to an operator so that the operator can concurrently view different portions of an imaged body, as suggested by Halmann ‘361 ([0027]).
Response to Arguments
Applicant's arguments filed 01/02/2026 have been fully considered but they are moot.
Regarding the 35 USC 103 rejection of claim 16, the applicant arguments are premised upon the assertion that that the Halmann ‘539 does not teach the newly added amendment regarding “temporally scale each of the plurality of three-dimensional rib space segments relative to one another such that each of the plurality of three-dimensional rib space segments takes a same amount of time to play ;temporally synchronize the plurality of three-dimensional rib space segments to a respiratory cycle of the imaging subject… the dynamic panoramic three-dimensional ultrasound image consolidated into a single display, the single display comprising simultaneous output of the plurality of three-dimensional rib space segments that are each temporally scaled relative to one another and are temporally synchronized to the respiratory cycle of the imaging subject. This argument is moot in view of new grounds of rejection which relies upon Shahedi et al. (US 20240260945 A1, hereinafter “Shahedi”) to teach this rejection. Accordingly, this argument is moot.
Regarding the 35 USC 103 rejection of the remaining dependent claims. Applicant argues that the claims are allowable due to dependency on an allowable claim 16. The examiner respectfully disagrees for the reasons discussed above.
Conclusion
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.
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/N.B./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798
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