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 Arguments
Applicant's arguments filed 10/20/25 have been fully considered but they are not persuasive.
Applicant argues that Laine reference does not teach excluding image content of the ultrasound image that is not contained in the ROI.
Examiner would like to point out that Laine teaches excluding image content of the ultrasound image that is not contained in the ROI (fig. 2a-d teaches a ROI, and the excluded region in black, the enhancement 232 and 234 only enhances the ROI, and not the excluded black section), as such the rejection is maintained and made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 16, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 16 and 20, claims recite “excluding image content of the ultrasound image that is not contained in the ROI”. It is not clear what is meant by that limitation, it is not clear if the claims require “excluding image content” for the processing of the enhancement, or “excluding image content” means imaging only ROI, and excluding the area not in the ROI. Furthermore, how is the area not in ROI, excluded, no steps of focusing, or selecting or highlight the ROI has been claimed, appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by U. S. Publication No. 2008/0247618 to Laine et al.
Regarding Claims 1, 16, and 20, Laine teaches an ultrasound system comprising: an ultrasound scanner configured to transmit ultrasound at a patient anatomy and receive reflections of the ultrasound from the patient anatomy; a processor system configured to, as part of an ultrasound scanning workflow: generate an ultrasound image based on the reflections and system parameters of the ultrasound system (para 0025, claim 7 and figs. 1-3 teaches generating ultrasound data); determine a region of interest (ROI) in the ultrasound image; determine an enhancement property for the ROI; adjust at least one of the system parameters (para 0025, claim 7 and figs. 1-3 teaches generating ultrasound data and determining ROI); and perform the ultrasound scanning with the system parameters to generate, based on the at least one of the system parameters being adjusted, a ROI image having the enhancement property enhanced compared to the ROI in the ultrasound image (figs. 3 and para 007-12 and 045-047 teaches enhancement) while excluding image content of the ultrasound image that is not contained in the ROI (fig. 2a-d teaches a ROI, and the excluded region in black, the enhancement 232 and 234 only enhances the ROI, and not the excluded black section); and a display device configured to simultaneously display the ultrasound image and the ROI image (figs. 1, 2 and claims 1, 8, and 19 teaches simultaneous display of both images, enhanced and non-enhanced).
Regarding Claim 2, Laine teaches that the enhancement property is selected from the group consisting of resolution, penetration, contrast, speckle reduction, frame rate, flow resolution, flow density, and color sensitivity (para 010 teaches increase contrast).
Regarding Claim 3, Laine teaches that the processor system is implemented to determine a ROI image property for the ROI in the ultrasound image, and the adjustment of the at least one of the system parameters is based on the ROI image property (para 010 teaches an enhancement algorithm).
Regarding Claim 4, Laine teaches that the ROI image property is selected from the group consisting of a spectrum, a signal strength, a noise level, a signal-to-noise ratio, a brightness, a resolution, a clutter, grating lobes, artifacts, a dynamic range, a uniformity, an edge definition, a smoothness, a line connectivity, hole fillings, a flow strength, a flow continuity, and a flow dynamic range (para 010, 021, and 060 teaches ROI property as resolution).
Regarding Claim 5-7 and 18-19, Laine teaches that the at least one of the system parameters includes one or more of a transmit waveform, a transmit voltage, a transmit aperture, an analog gain, a digital gain, an analog-to-digital converter cutoff frequency, a dynamic range, a filter bandwidth, a compression curve, a persistence, a receive aperture, a receive weight, a color map, a color mask, and beam compounding parameters (para 0040 teaches gain).
Regarding Claim 8, Laine teaches that the processor system is implemented to obtain an adjustment value for the adjustment of the at least one of the system parameters from a memory storage device as part of a current ultrasound examination, the adjustment value having been determined as part of a previous ultrasound examination (para 011, 061, and 078 teaches adjustment values).
Regarding Claim 9, Laine teaches that the determination of the enhancement property for the ROI includes to receive a user selection of the enhancement property (abstract and claim1).
Regarding Claims 10-12, Laine teaches that the processor system is configured to implement a machine-learned model to determine the enhancement property for the ROI (para 006-011 teaches denoising and enhancement algorithms which are machine learning models).
Regarding Claims 13 and 14, Laine teaches that the processor system is implemented to determine an additional enhancement property for the ROI and generate an additional ROI image having the additional enhancement property enhanced compared to the ROI in the ultrasound image, wherein the display device is implemented to simultaneously display the ultrasound image, the ROI image, and the additional ROI image (abstract , fig.3 para 007-012).
Regarding Claims 15 and 21, Laine teaches that the display device is implemented to receive a user selection that refuses the ROI image, and the processor system is implemented to make the additional adjustment and generate the additional ROI image responsive to the user selection (fig. 1-3 and para 0047 teaches selection icon).
Regarding Claim 17, Laine teaches that the display device is implemented to receive a user selection of one of the ROI images, and the processor system is implemented to cause the adjustments to the one or more of the system parameters that correspond to the one of the ROI images to be stored in a memory storage device for use in a subsequent ultrasound examination (figs. 1-3 and para 007-011).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY CATTUNGAL whose telephone number is (571)272-1306. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at 571-270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3798