DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2, 4-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kanda (Pub. No.: US 2006/0170714)
Regarding claim 1, Kanda discloses a medical information processing apparatus comprising
processing circuitry configured to:
determine whether or not a plurality of ultrasonic images are images collected by a stress
echocardiography method by analyzing the plurality of ultrasonic images [see fig 8, 0014, 0003, 0006, 0008-0009, 0030-0033, 0069-0071, 0078] by disclosing the data acquired during a suspension of a stress echo protocol are stored with affixed index data regarding the suspended stress echo protocol [see 0014];
As disclosed herein, Kanda disclose two different types of imaging modes, the stress mode and a normal mode and any images without affixed index data are considered being acquired via normal mode (emphasis added, 0014, 0078, claim 2).
add attribute information index data) to each of the ultrasonic images if it is determined that the ultrasonic images are images collected by the stress echocardiography method [see figs 4-5, 8-9, 0014, 0019, 0069-0071];
the attribute information concerning at least one of a stress state ("no stress", "10 gamma", "20
gamma" and "40 gamma", see 0071) of a subject and a slice of the ultrasonic image [see 0071, fig 8];
wherein the stress state of the subject includes information indicating one of a pre-stress state
(no stress), a during-stress state ("10 gamma", "20 gamma" and "40 gamma") and a post-stress state
[see figs 4-5, 8-9, 0019, 0069-0071].
Regarding claim 2, Kanda discloses wherein the processing circuitry determines, based on a type
("kind of data") of slices of the ultrasonic images [see 0030-0033] and a situation in which the ultrasonic
images are collected, whether or not the ultrasonic images are images acquired by the stress
echocardiography method.
Regarding claim 4, Kanda discloses wherein the attribute information further includes
information concerning a type of stress ("10 gamma", "20 gamma" and "40 gamma") [see fig 8, 0008,
0071] and also discloses a special mode for collecting images for performing stress echography for which
some stress is given to an object (a patient) [see 0003] and a stress echo inspection (echography) is widely applied in which some stress of motion or a medicine is given to a patient's body in order to observe changes or variations of cardiac muscles of the heart in accordance with an amount of the given
stress [see 0006].
Regarding claim 5, Kanda discloses wherein the processing circuitry determines, based on at
least one of:
a type ("kind of data") of slices of the ultrasonic images [see 0030-0033],
a camera image in an examination room,
audio data acquired in the examination room,
information of a heart rate of the subject when the ultrasonic images are acquired, whether or
not the ultrasonic images are images collected by the stress echocardiography method [see figs 4-5, 8-9,
0019, 0070-0071].
Regarding claim 6, Kanda discloses notify a user of an inquiry whether or not ultrasonic images
are collected by the stress echocardiography method (prescribed stress protocol) [see 0015-0017];
determine that an examination is being executed by the stress echocardiography method if the
user has replied that the ultrasonic images have been collected by the stress echocardiography method
[see 0015, 0017].
Regarding claim 7, Kanda discloses display the ultrasonic images and the attribute information in
association with each other and display a user interface configured to accept editing (via user input)
from the user [see 0015, fig 8].
Regarding claim 8, Kanda discloses activate application software (inherently disclosed, emphasis
added) used for a stress echocardiography examination if it is determined that the ultrasonic images are images collected by the stress echocardiography method [see 0015, 0033] by clicking an icon for SEP in
order to drive the SEP [see 0015].
Kanda discloses the apparatus having a special mode for collecting received data from the
stressed object based on a prescribed collecting protocol. Thus, the ultrasound diagnostic apparatus
includes: a control unit configured to control the transmission and reception of ultrasound and to
control a collecting and displaying sequence for a plurality of stress image data that are acquired based
on a plurality of different conditions of the stress [see 0015].
Regarding claim 9, Kanda discloses imports and display an ultrasonic image to which the
attribute information is added [see figs 4-5, 8-9, 0019, 0069-0071] by disclosing the image data with
index data that includes data indicating an image collecting mode under a stress echo protocol, data
indicating stress echo inspection [see 0019].
Regarding claim 10, Kanda discloses a non-transitory computer readable medium including
computer executable instructions, wherein the instructions, when executed by a processor, cause the
processor to perform a method comprising:
determining whether or not a plurality of ultrasonic images are images collected by a stress
echocardiography method ("SE (Stress Echo)") by analyzing (via observation mode) the plurality of
ultrasonic images [see fig 8, 0003, 0006, 0008-0009, 0014, 0030-0033, 0069-0071]; by disclosing the data acquired during a suspension of a stress echo protocol are stored with affixed index data regarding the suspended stress echo protocol [see 0014];
As disclosed herein, Kanda disclose two different types of imaging modes, the stress mode and a normal mode and any images without affixed index data are considered being acquired via normal mode (emphasis added, claim 2, 0078).
adding attribute information ("no stress", "10 gamma", "20 gamma" and "40 gamma", see 0071)
to each of the ultrasonic images if it is determined that the ultrasonic images are images collected by
the stress echocardiography method [see figs 4-5, 8-9, 0019, 0069-0071];
the attribute information concerning at least one of a stress state ("no stress", "10 gamma", "20
gamma" and "40 gamma", see 0071) of a subject and a slice of the ultrasonic image [see 0071, fig 8];
wherein the stress state of the subject includes information indicating one of a pre-stress state
(no stress), a during-stress state ("10 gamma", "20 gamma" and "40 gamma") and a post-stress state
[see figs 4-5, 8-9, 0019, 0069-0071].
Regarding claim 11, Kanda discloses an ultrasonic diagnostic apparatus comprising:
an ultrasonic probe [see 0035, 0040]; and
processing circuitry (CPU 11) [see 0036] configured to:
generate ultrasonic images by using echo signals received by the ultrasonic probe [see 0008-0009, 0015-0019, 0035];
determine whether or not a plurality of ultrasonic images are images collected by a stress
echocardiography method ("SE (Stress Echo)") by analyzing (via observation mode) the plurality of
ultrasonic images [see fig 8, 0003, 0006, 0008-0009, 0014, 0030-0033, 0069-0071]; by disclosing the data acquired during a suspension of a stress echo protocol are stored with affixed index data regarding the suspended stress echo protocol [see 0014];
As disclosed herein, Kanda disclose two different types of imaging modes, the stress mode and a normal mode and any images without affixed index data are considered being acquired via normal mode (emphasis added, 0014, 0078, claim 2).
add attribute information ("no stress", "10 gamma", "20 gamma" and "40 gamma", see 0071) to
each of the ultrasonic images if it is determined that the ultrasonic images are images collected by the
stress echocardiography method [see figs 4-5, 8-9, 0019, 0069-0071];
the attribute information concerning at least one of a stress state ("no stress", "10 gamma", "20
gamma" and "40 gamma", see 0071) of a subject and a slice of the ultrasonic image [see 0071, fig 8];
wherein the stress state of the subject includes information indicating one of a pre-stress state (no
stress), a during-stress state ("10 gamma", "20 gamma" and "40 gamma") and a post-stress state [see
figs 4-5, 8-9, 0019, 0069-0071].
Response to Arguments
Applicant's arguments filed 3/6/26 have been fully considered but they are not persuasive.
Applicant argues the system of Kanda operates on the premise that it has already performed a stress echocardiography examination and the protocol data is added to the image data in this examination. In contrast, the processing circuitry in Claim 1 is configured to determine whether or not a plurality of ultrasonic images are images collected by a stress echocardiography method by analyzing the plurality of ultrasonic images,
Kanda does not analyze images to determine if they are collected by stress echocardiography and then add attribute information. The protocol data is added during generation of the stress image data. Kanda cannot add attribute data to images when the stress echocardiography mode is not activated.
The examiner disagrees because by disclosing the data acquired during a suspension of a stress echo protocol are stored with affixed index data regarding the suspended stress echo protocol [see 0014, 0078];
As disclosed herein, Kanda disclose two different types of imaging modes, the stress mode and a normal mode and any images without affixed index data are considered being acquired via normal mode (emphasis added, 0014, 0078, claim 2).
Conclusion
THIS ACTION IS MADE FINAL. 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 JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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/JOEL F BRUTUS/ Primary Examiner, Art Unit 3797