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
Examiner notes that the previously set forth 112(b) rejections and 112(f) claim interpretations are withdrawn in view of the amendments to the claims.
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive. For example, applicant argues “applicant contends that Fujii does not specialize in the search mode and the analysis mode for displaying information regarding the blood vessel shown in the ultrasound iamge as limited by amended claim 1, and does not describe displaying elements corresponding to the ‘first information’ and the ‘second information’ of amended claim 1” (remarks pg. 12). Examiner respectfully disagrees in that the data displayed by Fujii in either/both of the portrait/landscape mode has been interpreted to be the recited first information and second information respectively. In other words, the search mode and the analysis mode and corresponding first information and second information is broadly recited and absent any special definition upon which Applicant does not appear to rely, the scope of the claim was given its broadest reasonable interpretation such that the first information and second information has been interpreted to mean any information regarding the patient, image data, etc. which would be regarding the blood vessel(s) found in the image. Furthermore, it is noted that the specification does not provide any special definition of the first/second information and explicitly discloses that the information for the search mode is not particularly limited as long as the information is necessary for the user to search for the blood vessel shown in the ultrasound image/perform the puncture on the specific blood vessel ([0056]-[0057]). Examiner notes that all of the displayed information is considered to be necessary information to a user performing any procedure/searching in the image as it provides necessary diagnostic/image information to a user. Examiner notes that if applicant intends for the information to be more specific than merely patient/display condition data, it is recommended to amend the claims to recite elements which are intended. For at least these reasons applicant’s arguments against the teachings of Fujii are not found persuasive.
Claim Rejections - 35 USC § 102/103
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 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-4, 6, and 15-22 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Fujii et al. (US 20110301463 A1 and cited in applicant’s IDS filed 02/01/2024), or in the alternative under 35 U.S.C. 103 as obvious over Fujii et al. (US 20110301463 A1 and cited in applicant’s IDS filed 02/01/2024), hereinafter Fujii in view of Di Marco et al. (US 20090187102 A1), hereinafter Di Marco.
Regarding claims 1 and 22,
Fujii discloses an ultrasound diagnostic apparatus (see at least fig. 1) comprising:
an ultrasound probe (at least fig. 1 (10) and corresponding disclosure in at least [0025]);
and a handheld apparatus main body ([0027] Typically, the display unit 15 is a portable display connected to the main body of the ultrasonic image diagnostic apparatus via a flexible cable. Examiner notes that the display unit 15 in combination with the main body is considered the apparatus main body in its broadest reasonable interpretation and is considered to be handheld at least due to the portability of the display unit),
wherein the apparatus main body includes:
a monitor (at least fig. 1 (15) and corresponding disclosure in at least [0027] which discloses the display unit is provided with a display screen) that has a display screen having a rectangular shape (see at least figs. 3 and 4 depicting a rectangular shape), and
a processor (at least fig. 1 (12-17) and corresponding disclosure in at least [0026])
wherein the processor is configured to:
generate an ultrasound image including a short-axis view of a specific blood vessel ([0036] which discloses in general ultrasound diagnosis, measurement is performed on images to determine the size and thickness of a tumor or blood vessel wall) on the basis of a reception signal obtained by performing transmission and reception of an ultrasound beam with respect to a subject using the ultrasound probe ([0026] which discloses an image generation unit generates an ultrasonic image based on the reception signal output from the transmission/reception unit),
set association between a landscape posture in which the display screen is in a laterally long state and either a search mode in which a first information regarding each of all blood vessels shown in the ultrasound image is displayed or an analysis mode in which second information regarding the specific blood vessel shown in the ultrasound image is displayed, and set association between a portrait mode in which the display screen is in a vertically long state and the other of the search mode or the analysis mode ([0027] which discloses the control unit 17 discriminates whether the display screen is in a vertical posture in which the longitudinal direction of the display screen is almost parallel to the vertical direction upon vertical/horizontal rotation by the operator or in a horizontal posture in which the longitudinal direction of the display screen is almost parallel to the horizontal direction upon vertical/horizontal rotation by the operator and [0028] which discloses the operator can set in advance, via the operation unit 19, scanning conditions and display conditions to be changed in accordance with the rotation of the display screen of the display unit 15 The display conditions include the direction of the erect position of a display image relative to the longitudinal direction of the display screen, the transition angle of a vertical/horizontal posture change, the position and range of an ultrasonic image relative to the display screen, patient information to be superimposed on the image, the position and range of a scanning condition including an image quality condition, and a screen layout associated with the array of two ultrasonic images or two kinds of ultrasonic images in a combinational operation mode. See at least figs. 3-10 depicting what is interpreted to be a search mode in which displayed information (e.g. gain, filter, AP, depth, anatomical region, patient, time, etc.) on the left side in the landscape posture is considered to be first information regarding all (i.e. any) blood vessels shown in the ultrasound image shown in the ultrasound image in its broadest reasonable interpretation as information is broad and it is regarding the data in the ultrasound image, thus any/all blood vessels therein) and see at least figs. 3-10 depicting what is interpreted to be an analysis mode in which displayed information (e.g. gain, filter, AP, depth, anatomical region, patient, time, etc.) on the right side in the portrait posture is considered to be second information regarding the specific blood vessel shown in the ultrasound image in its broadest reasonable interpretation as information is broad and it is regarding the data in the ultrasound image, thus any/all blood vessels therein)),
wherein the apparatus main body includes a posture sensor (at least fig. 1 (18) and corresponding disclosure in at least [0027]) that detects whether a posture of the apparatus main body is the landscape posture or the portrait posture ([0027] which discloses the sensor 18 detects posture data necessary for the control unit 17 to discriminate whether the display screen is in a vertical posture in which the longitudinal direction of the display screen is almost parallel to the vertical direction upon vertical/horizontal rotation by the operator or in a horizontal posture in which the longitudinal direction of the display screen is almost parallel to the horizontal direction upon vertical/horizontal rotation by the operator),
wherein the processor is further configured to:
switch a display mode between the search mode and the analysis mode on the basis of the posture of the apparatus main body and the association (see at least figs. 3-10, [0029], [0031]-[0033]),
generate the first information regarding the search mode or the second information regarding the analysis mode, as third information regarding the display mode, on the basis of the display mode (see at least figs. 3-10 depicting information which is generated regarding the search mode or the second information regarding the analysis mode),
and display the ultrasound image and the third information regarding the display mode on the monitor (see at least figs. 3-10 in which the ultrasound image and the information for the display mode are displayed on the monitor).
Examiner notes that the system of Fujii would further perform the control method of claim 22 having corresponding method steps.
Alternatively, if the claim intends for the apparatus main body is configured to be fully handheld (e.g. the main body and display are handheld together), it is unclear if the apparatus main body of Fujii is considered a handheld apparatus main body under such an interpretation.
Nonetheless, Dimarco, in a similar field of endeavor involving ultrasound imaging teaches an ultrasound diagnostic apparatus (at least fig. 13 and corresponding disclosure in at least [0048])
an ultrasound probe (at least fig. 13 (106) and corresponding disclosure in at least [0025]);
and an apparatus main body (at least fig. 13 (176) and corresponding disclosure in at least [0048]),
wherein the apparatus main body includes a monitor (at least fig. 13 (142) and corresponding disclosure in at least [0048]) that has a display screen having a rectangular shape ([0048] which discloses first and second dimensions 260 and 262 may be different with respect to each other, where such different dimensions is understood to result in a rectangular shape),
an ultrasound image generation unit (at least fig. 1 (116) and corresponding disclosure in at least [0024]) that generates an ultrasound image including a short-axis view of a blood vessel ([0043] which discloses another example is when scanning with the transducer 106 in a sweeping motion, such as along a patient's leg to view vessels there-within) on the basis of a reception signal obtained by performing transmission and reception of an ultrasound beam with respect to a subject using the ultrasound probe ([0023]-[0024])
and a posture sensor (at least fig. 13 (120) and corresponding disclosure in at least [0027]) that detects whether a posture of the apparatus main body (176) is the landscape posture or the portrait posture ([0027] which discloses the position sensor… senses, detects, and/or indicates the orientation of the display 118)
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Fujii to include a handheld apparatus main body as taught by Di Marco in order to provide a miniaturized ultrasound system (Di Marco [0046]), thereby allowing for a high level of portability of the system (Di Marco [0047]). Such a modification would provide enhanced portability of the system of Fujii.
Examiner notes that the modified system of claim 1 would perform the method of claim 22 having corresponding method steps.
Regarding claim 3,
Fujii further discloses wherein in the analysis mode, in a case where the posture of the apparatus main body is the portrait posture, the processor is configured to display the ultrasound image in which the specific blood vessel is shown and the second information regarding the specific blood vessel in a row (See at least fig. 8 depicting the ultrasound image and information regarding the specific blood vessel (e.g. gain, filter, AP, depth are considered information regarding the specific blood vessel in its broadest reasonable interpretation as information is broad and it is regarding the data in the ultrasound image, thus the specific blood vessel therein) in a row)
Regarding claim 4,
Fujii further discloses wherein the processor is configured to associate one of the search mode or the analysis mode with the landscape posture, and associate the other of the search mode or the analysis mode with the portrait posture ([0029] which discloses in this embodiment, when the display screen of the display unit 15 is rotated from a horizontal posture to a vertical posture, scanning conditions and display conditions are automatically changed accordingly and [0028] which discloses the operator can set in advance (preset), via the operation unit 19, scanning conditions and display conditions to be changed in accordance with the rotation of the display screen of the display unit 15 typically when the display screen is rotated from a horizontal posture to a vertical posture).
Regarding claim 6,
Fujii further discloses wherein the processor is configured to the association on the basis of an instruction input from a user ([0028] which discloses the operator can set in advance (preset), via the operation unit 19, scanning conditions and display conditions to be changed in accordance with the rotation of the display screen of the display unit 15).
Regarding claim 15,
Wherein the processor is configured to change an information amount of the second information regarding the analysis mode according to a processing capacity of the apparatus main body (See at least fig. 9 in which the amount of information is changed for the analysis mode (i.e. the portrait posture on the right). Examiner notes that all information is necessarily according to the processing capacity of the apparatus main body (i.e. the main body has a processing capacity which allows the processing/display of information)).
Regarding claim 16,
Fujii, as modified, teaches the elements of claim 1 as previously stated. Fujii further teaches wherein the processor is further configured to output guidance that prompts a user’s operation ([0029] which discloses if it is necessary to change the probe, the control unit 17 controls switching of a connector which connects the probe 10 to the apparatus main body, or displays a message to prompt the operator to replace the probe 10 by another type of probe 10 (S15))
Regarding claim 17,
Fujii further teaches wherein in a case where a certain amount of time has elapsed in the search mode, the processor is configured to output first guidance (see at least figs. 3-10. Examiner notes that any displayed information (e.g. the ultrasound image itself or any other displayed data) is considered guidance in its broadest reasonable interpretation. Examiner notes that the guide unit functions to output such data depicted in the figures in any case including a case where a case where a certain amount of time has elapsed in the search mode) that prompts changing the posture of the apparatus main body (See at least figs 3-8, depicting ultrasound images and other data displayed, which are considered guidance which would prompt a user to change the posture of the apparatus main body (e.g. if the information is not presented as desired for example)).
Regarding claim 18,
Fujii further teaches wherein in a case where a motion of the ultrasound probe is smaller than a predetermined movement amount, the processor is configured to output first guidance (see at least figs. 3-10. Examiner notes that any displayed information (e.g. the ultrasound image itself or any other displayed data) is considered guidance in its broadest reasonable interpretation. Examiner notes that the processor functions to output such data depicted in the figures in any case including a case where a motion of the ultrasound probe is smaller than a predetermined movement amount) that prompts changing the posture of the apparatus main body (See at least figs 3-8, depicting ultrasound images and other data displayed, which are considered guidance which would prompt a user to change the posture of the apparatus main body (e.g. if the information is not presented as desired for example)).
Regarding claim 19,
Fujii further discloses wherein in the search mode, in a case where the specific blood vessel enters a specific range in the ultrasound image displayed on the monitor by the user moving the ultrasound probe, the processor is configured to output first guidance (see at least figs. 3-10. Examiner notes that any displayed information (e.g. the ultrasound image itself or any other displayed data) is considered guidance in its broadest reasonable interpretation. Examiner notes that the processor functions to output such data depicted in the figures in any case including a case where the specific blood vessel enters a specific range in the ultrasound image displayed on the monitor) that prompts changing the posture of the apparatus main body (See at least figs 3-8, depicting ultrasound images and other data displayed, which are considered guidance which would prompt a user to change the posture of the apparatus main body (e.g. if the information is not presented as desired for example)).
Regarding claim 20,
Fujii further discloses wherein in the search mode, in a case where the user selects the specific blood vessel by a touch operation from among the blood vessels shown in the ultrasound image displayed on the monitor, the processor is configured to output second guidance (see at least figs. 3-10. Examiner notes that any displayed information (e.g. the ultrasound image itself or any other displayed data) is considered guidance in its broadest reasonable interpretation. Examiner notes that the processor functions to output such data depicted in the figures in any case where the user selects the specific blood vessel by a touch operation from among the blood vessels shown in the ultrasound image displayed on the monitor) that prompts moving the ultrasound probe such that the specific blood vessel enters a specific range in the ultrasound image (See at least figs 3-8, depicting ultrasound images and other data displayed, which are considered guidance which would prompt a user to move the ultrasound probe (e.g. if the vessel is not in a desired range of the user based on the ultrasound image data)), and in a case where the specific blood vessel enters the specific range in the ultrasound image, the processor is configured to output first guidance that prompts changing the posture of the apparatus main body (See at least figs 3-8, depicting ultrasound images and other data displayed, which are considered guidance which would prompt a user to change the posture of the apparatus main body (e.g. if the information is not presented as desired for example)).
Regarding claim 21,
Fujii further discloses wherein in a case where the posture of the apparatus main body is the landscape posture and the ultrasound probe is moved in a vertical direction by an amount greater than a predetermined movement amount, or in a case where the posture of the apparatus main body is the portrait posture and the ultrasound probe is moved in a lateral direction by an amount greater than a predetermined movement amount, the processor is configured to output first guidance for prompting to change the posture of the apparatus main body (See at least figs 3-8, depicting ultrasound images and other data displayed, which are considered guidance which would prompt a user to change the posture of the apparatus main body (e.g. if the information is not presented as desired for example). Examiner notes that the processor functions to output such information in any case including in a case where the posture of the apparatus main body is in the landscape/portrait posture and the ultrasound probe is moved in a vertical/lateral direction by an amount greater than a predetermined movement amount).
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.
Claims 8 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii in view of Pinkovich et al. (US 20210077061 A1), hereinafter Pinkovich or, in the alternative, Fujii and Di Marco as applied to claim 1 above and further in view of Pinkovich.
Regarding claim 8,
Fujii or, Fujii as modified, teaches the elements of claim 1 as previously stated. Fujii fails to explicitly teach wherein the processor is further configured to detect all the blood vessels shown in the ultrasound image by analyzing the ultrasound image .
Pinkovich, in a similar field of endeavor involving ultrasound imaging, teaches wherein a processor detects all the blood vessels shown in an ultrasound image by analyzing the ultrasound image ([0030] The signal processor 132 may include an organ detection processor 140 that comprises suitable logic, circuitry, interfaces and/or code that may be operable to analyze acquired ultrasound images to identify and segment organs, such as nerves, vessels, or any suitable biological structures).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Fujii or Fujii, as currently modified, to include a blood vessel detection unit as taught by Pinkovich in order to allow for highlighting of identified structures to draw attention to said structures (Pinkovich [0039]) which would enhance analysis of vessels by a user of the ultrasound system of Fujii.
Regarding claim 12, Fujii, or Fujii, as modified, teaches the elements of claim 1 as previously stated. Fujii fails to explicitly teach wherein the processor is configured to generate a first emphasis image for emphasizing each of all the blood vessels shown in the ultrasound image, as the first information regarding the search mode, and
The processor is configured to superimpose and display the first emphasis image corresponding to each of all the blood vessels on each of all the blood vessels.
Pinkovich, in a similar field of endeavor involving ultrasound imaging, teaches a processor configured to generate a first emphasis image for emphasizing each of all blood vessels shown in the ultrasound image, as information for a search mode ([0039] The display and warning processor 170 may comprise suitable logic, circuitry, interfaces and/or code that may be operable to highlight and display the biological and/or artificial structures identified and segmented by the organ detection processor 140, the needle detection processor 150, and/or the anesthetic detection processor 160. For example, the display and warning processor 170 may highlight the identified and segmented structures identified by the output layer of each of the deep neural networks and [0030] which discloses [0030] The signal processor 132 may include an organ detection processor 140 that comprises suitable logic, circuitry, interfaces and/or code that may be operable to analyze acquired ultrasound images to identify and segment organs, such as nerves, vessels, or any suitable biological structures) and
The processor is configured to superimpose and display the first emphasis image corresponding to each of all the blood vessels on each of all the blood vessels ([0039] which discloses The highlighting may be overlaid on the ultrasound image and presented at the display system 134)
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Fujii, or Fujii, as modified, to include generating a first emphasis image for emphasizing all of the vessels as taught by Pinkovich in order to provide for needle guidance (Pinkovich [0001]). Such a modification would enhance the system of Fujii such that it may effectively be used for providing guidance during a needle insertion procedure, location-based warning, etc. based on the location of biological and/or artificial structures identified and highlighted in the ultrasound images (Pinkovich [0012]).
Regarding claim 13,
Fujii, or Fujii, as modified, teaches the elements of claim 1 as previously stated. Fujii fails to explicitly teach wherein the processor is configured to generate a second emphasis image for emphasizing the specific blood vessel, as the information for the analysis mode, and
The processor is configured to superimpose and display the second emphasis image on the specific blood vessel shown in the ultrasound image.
Pinkovich, in a similar field of endeavor involving ultrasound imaging, teaches a processor configured to generate a second emphasis image for emphasizing the specific blood vessel, as the information for the analysis mode ([0039] The display and warning processor 170 may comprise suitable logic, circuitry, interfaces and/or code that may be operable to highlight and display the biological and/or artificial structures identified and segmented by the organ detection processor 140, the needle detection processor 150, and/or the anesthetic detection processor 160. For example, the display and warning processor 170 may highlight the identified and segmented structures identified by the output layer of each of the deep neural networks and [0030] which discloses [0030] The signal processor 132 may include an organ detection processor 140 that comprises suitable logic, circuitry, interfaces and/or code that may be operable to analyze acquired ultrasound images to identify and segment organs, such as nerves, vessels, or any suitable biological structures, thus would emphasize a specific blood vessel), and
The processor is configured to superimpose and display the second emphasis image on the specific blood vessel shown in the ultrasound image ([0039] which discloses The highlighting may be overlaid on the ultrasound image and presented at the display system 134).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Fujii, or Fujii, as modified, to include generating a second emphasis image for emphasizing the specific blood vessel as taught by Pinkovich in order to provide for needle guidance (Pinkovich [0001]). Such a modification would enhance the system of Fujii such that it may effectively be used for providing guidance during a needle insertion procedure, location-based warning, etc. based on the location of biological and/or artificial structures identified and highlighted in the ultrasound images (Pinkovich [0012]).
Regarding claim 14,
Fujii or Fujii, as modified, teaches the elements of claim 1 as previously stated. Fujii fails to explicitly teach wherein the processor is further configured to recognize a puncture needle shown in the ultrasound image by analyzing the ultrasound image, and in the analysis mode, in a case where the puncture needle is recognized, the processor is configured to switch from the analysis mode to a needle tip emphasis mode in which a needle tip of the puncture needle shown in the ultrasound image is displayed in an emphasized manner.
Nonetheless, Pinkovich, in a similar field of endeavor involving ultrasound imaging, teaches a processor configured to recognize a puncture needle shown in the ultrasound image by analyzing the ultrasound image ([0033] which discloses the signal processor 132 may include needle detection processor 150 that comprises suitable logic, circuitry, interfaces and/or code that may be operable to analyze acquired ultrasound images to identify and segment artificial structures, such as a needle, an implantable device, or any suitable artificial structures) and in an analysis mode, in a case where the puncture needle is recognized, the processor is configured to switch from the analysis mode to a needle tip emphasis mode in which a needle tip of the puncture needle shown in the ultrasound image is displayed in an emphasized manner ([0039] The display and warning processor 170 may comprise suitable logic, circuitry, interfaces and/or code that may be operable to highlight and display the biological and/or artificial structures identified and segmented by the organ detection processor 140, the needle detection processor 150, and/or the anesthetic detection processor 160. For example, the display and warning processor 170 may highlight the identified and segmented structures identified by the output layer of each of the deep neural networks. The highlighting may include colorizing the pixels of the segmented structure, outlining the edges of the segmented structure, or any suitable highlighting for drawing attention to one or more structures identified and segmented by the organ detection processor 140, the needle detection processor 150, and/or the anesthetic detection processor 160. The highlighting may be overlaid on the ultrasound image and presented at the display system 134. Examiner notes that such highlighting is considered to be a switch to the needle tip emphasis mode which occurs in a case in which the puncture needle is identified (e.g. artificial structures are identified) in the ultrasound image. Furthermore the highlighting highlights all of the needle including the tip, thus all of the needle including the tip of the needle is displayed in an emphasized manner).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Fujii, or Fujii, as modified, to include the puncture needle recognition unit and displaying the puncture needle tip in the emphasized manner as taught by Pinkovich in order to provide for needle guidance (Pinkovich [0001]). Such a modification would enhance the system of Fujii such that it may effectively be used for providing guidance during a needle insertion procedure, location-based warning, etc. based on the location of biological and/or artificial structures identified and highlighted in the ultrasound images (Pinkovich [0012]).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii in view of Masuda et al. (US 20170007210 A1), hereinafter Masuda or in the alternative Fujii and Di Marco, as applied to claim 1 above and further in view of Masuda.
Regarding claim 9,
Fujii or Fujii, as modified, teaches the elements of claim 1 as previously stated. Fuji further teaches that measurement is performed on images to determine the size and thickness of a tumor or blood vessel wall in [0036], however, fails to explicitly teach wherein the processor is configured to acquire the second information regarding the specific blood vessel in the ultrasound imagy by analyzing the ultrasound image.
Masuda, in a similar field of endeavor involving ultrasound imaging, teaches a processor (at least fig. 4 (140) and corresponding disclosure in at least [0024]) configured to acquire information regarding the specific blood vessel shown in the ultrasound image by analyzing the ultrasound image ([0066] The blood vessel diameter calculating section 146 calculates the blood vessel diameter by using the pseudo long-axis tomographic image 180 produced by the tomographic image producing section 144 (step S112), and ends the operation of calculating the blood vessel diameter. The calculation of the blood vessel diameter is performed by calculating the distance from the center line 170a of the blood vessel to the vascular intima 164 obtained from the pseudo long-axis tomographic image 180. Specifically, the blood vessel diameter is obtained by adding together the length of a straight line which is dropped, perpendicularly to the center line 170a of the blood vessel, to the upper vascular intima 164, and that of a straight line which is dropped to the lower vascular intima 164).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Fujii to include a blood vessel information acquisition unit as taught by Masuda in order to provide additional diagnostic measurements to a patient especially when performing imaging on the vessel. Such a modification would further ensure an accurately measured blood vessel diameter of the artery irrespective of the skills of the operator Masuda [0002]).
Regarding claim 10,
Fujii teaches the elements of claim 9 as previously stated. Masuda, as applied to claim 9 above, further teaches wherein the processor is configured to acquire a blood vessel diameter as the second information regarding the specific blood vessel ([0066] The blood vessel diameter calculating section 146 calculates the blood vessel diameter by using the pseudo long-axis tomographic image 180 produced by the tomographic image producing section 144 (step S112)).
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 BROOKE L KLEIN whose telephone number is (571)270-5204. The examiner can normally be reached Mon-Fri 7:30-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Kozak can be reached at 5712700552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BROOKE LYN KLEIN/Primary Examiner, Art Unit 3797