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 .
Claims 1 – 14 are pending in this application.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/10/2024 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Applicants have not provided an explanation of relevance of cited document(s) discussed below.
Imamura (JP 2013169296 A) provides an image processing apparatus that includes an identification means for identifying a blood cell or a blood cell movement area from an acquired moving image of an eye; a measurement means for measuring at least one of a position, a shape and distribution, which are associated with the identified blood cell or blood cell movement area; and a determination means for determining a lesion candidate on the basis of measurement results.
Fumasa et al. (JP 2019093140 A) provide an optical ultrasonic diagnostic apparatus according to an embodiment includes an irradiation unit, a reception unit, an image generation unit, an estimation unit, and an output control unit. The irradiation unit applies light having a preset wavelength. The reception unit receives an optical ultrasonic wave generated in a subject by the application of the light. The image generation unit generates blood cell image data in which red blood cells are drawn on the basis of the optical ultrasonic wave. The estimation unit estimates a vascular structure of the subject on the basis of the blood cell image data generated over a predetermined period of time. The output control unit outputs information regarding the vascular structure.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 5 - 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jia et al. (U.S PreGrant Publication No. 2018/0242862 A1, hereinafter ‘Jia’) in view of Imamura (U.S Patent No. 9,307,903 B2, hereinafter ‘Imamura’).
With respect to claim 1, Jia teaches a direct imaging method for blood cells flowing in a vascular network (e.g., a method for blood cells in flowing blood in a vascular network, ¶0009 with ¶0088), comprising: obtaining sequential images of a biological sample (Jia: e.g., obtaining sequence of images of biological sample, ¶0008 with ¶0035, ¶0044 and ¶0086, Fig. 7); generating blood cell images by removing a background signal from the sequential images (e.g., generating blood images (e.g., averaged decorrelation images) by removing a background noise from the sequence of images, ¶0009, ¶0067 - ¶0071, Fig. 8); generating a vascular structure image of the biological sample using the blood cell images (e.g., structure image related to vascular linking to averaged decorrelation images should be generated, ¶0035, ¶0083, ¶0089 - ¶0090, Fig. 13); but fails to teach: generating a blood cell trajectory image based on trajectories of blood cells moving along a vascular network identified in the vascular structure image through the blood cell images; and obtaining hemodynamic information based on the blood cell trajectory image.
However, in the same field of endeavor of blood flowing in vascular (vasculature), the mentioned claimed limitations are well-known in the art as evidenced by Imamura. In particular, Imamura teaches: generating a trajectory image based on trajectories of blood cells moving along a vascular network identified in the vascular structure image through the images (e.g., generating spatiotemporal image based on path(s) of blood cells moving along a vascular branch(es) identified in a reference image, Col 4 (lines 1 – 17); Col 8 (lines 37 – 49), Fig. 9); and obtaining hemodynamic information based on the blood cell trajectory image (e.g., acquiring moving speed based on the generated spatiotemporal image, Col 1 (lines 40 – 54); Col 13 (lines 57) to Col 14 (line 10); information is displayed and changed over time, Col 14 (lines 31 – 43)).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the method of Jia as taught by Imamura since Imamura suggested with Col 1 (lines 4 - 54); Col 4 (lines 1 – 17) ; Col 14 (lines 10 – 43) that such modification would easily measure and display the change over time in order to observe blood flow dynamics.
With respect to claim 5, Jia in view of Imamura teaches the direct imaging method of claim 1, wherein the generating of the vascular structure image of the biological sample using the blood cell images comprises: generating the vascular structure image of the biological sample by averaging the blood cell images (e.g., the structure image related to vascular are used to average the blood image(s), ¶0009, ¶0044 - ¶0050, ¶0070 - ¶0073).
With respect to claim 6, Jia in view of Imamura teaches the direct imaging method of claim 1, wherein the generating of the vascular structure image of the biological sample using the blood cell images comprises: generating the vascular structure image of the biological sample be selecting a maximum pixel value for each pixel from the blood cell images (e.g., the structure image related to vascular by selecting maximum decorrelation value along an axial direction on each layer, ¶0073).
With respect to claim 7, Jia in view of Imamura teaches the direct imaging method of claim 1, wherein Imamura teaches the generating of the blood cell trajectory image based on the trajectories of the blood cells moving along the vascular network identified in the vascular structure image through the blood cell images comprises: generating the blood cell trajectory image based on trajectories of the blood cells moving along a central line of the vascular network through the blood cell images (e.g., the spatiotemporal image is generated based on path(s) of blood cells moving along a central axis of the vascular branch through the blood cell images, Col 13 (lines 22 – 30)).
With respect to claim 8, Jia in view of Imamura teaches the direct imaging method of claim 7, wherein Imamura teaches wherein the blood cell trajectory image represents trajectories along which the blood cells move over time (Inamura: e.g. the blood cell path represents the path along which blood cells move over time, Col 4 (lines 1 – 17); Col 13 (lines 22 – 30); Figs. 6A – 6G).
With respect to claim 9, Jia in view of Imamura and further in view of Imamura teaches the direct imaging method of claim 7, where Inamura teaches in the obtaining of the hemodynamic information based on the blood cell trajectory image comprises: obtaining a blood flow velocity in the vascular network based on the blood cell trajectory image (e.g., acquiring moving speed related to blood flow dynamic, Col 1 (lines 40 – 54); Col 2 (lines 18 – 31)).
With respect to claim 10, Jia in view of Imamura teaches the direct imaging method of claim 9, wherein Inamura teaches the blood cell trajectory image comprises a trajectory of at least one blood cell (e.g. the blood cell image comprises the path of at least a blood cell, Figs. 6A – 6G, Col 13 (lines 35 – 56)), wherein the obtaining of the blood flow velocity in the vascular network based on the blood cell trajectory image comprises: calculating a slope of the trajectory of the at least one blood cell (e.g., any movement speed in the vascular branch(es) can be obtained based on the blood cell image, Col 1 (lines 40 – 54); Col 13 (lines 57 – 67); Col 14 (lines 1 – 11); thereby calculating a slope of the path of the at least one blood cell, Col 13 (line 58) to Col 14 (line 10)).
With respect to claim 11, Jia in view of Inamura teaches the direct imaging method of claim 7, wherein Imamura teaches wherein the obtaining of the hemodynamic information based on the blood cell trajectory image comprises: obtaining a flux in the vascular network based on the blood cell trajectory image (Inamura: e.g., images (dynamic) are related to a path (trajectory) of blood cells, Figs. 6A – 6G; and measuring movement speed in vascular branches based on the path, Col 1 (lines 40 – 54); Col 2 (lines 18 – 43).
With respect to claim 12, Jia in view of Imamura teaches the direct imaging method of claim 11, wherein the obtaining of the flux in the vascular network based on the blood cell trajectory image comprises: calculating the number of blood cells passing through the vascular network per unit time (e.g., measuring an amount of change in sizes of blood cells in the vascular branches, Col 2 (lines 18 – 31); Col 3 (lines 62 – 67); Col 8 (lines 56 – 62)).
With respect to claim 13, it's rejected for the similar reasons as those described in connection with claim 1.
With respect to claim 14, Jia in view of Imamura teaches a non-transitory computer-readable storage medium storing instructions that, when executed by a processor, cause the processor to perform the direct imaging method of any one of claims 1 (e.g., portions of method can be performed by computer-executable instructions stored on computer-readable media, ¶0055 or ¶0060).
Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jia in view of Imamura and further in view of Matsumoto et al. (U.S Patent No. 2018/0143137 A1, hereinafter ‘Matsumoto’).
With respect to claim 2, Jia in view of Imamura teaches the direct imaging method of claim 1, but neither of them teaches: wherein the obtaining of the sequential images of the biological sample comprises: providing an output light by passing a light emitted from a light source through a multimode fiber; allowing the output light to be illuminated on a focal plane of the biological sample through a beam splitter and an objective lens, wherein in response to the output light being illuminated on the focal plane of the biological sample, a scattered light is provided from the biological sample; allowing at least a portion of the scattered light to be incident on a camera through the objective lens, the beam splitter, and a tube lens; and capturing sequential images of the focal plane of the biological sample by the camera.
However, the mentioned claimed limitations are well-known in the art as evidenced by Matsumoto. In particular, Matsumoto teaches wherein the obtaining of the sequential images of the biological sample comprises: providing an output light by passing a light emitted from a light source through a multimode fiber (While obtaining the images of the biological samples includes an output light by passing a light emitted from a light source through a fiber, ¶0088, ¶0093); allowing the output light to be illuminated on a focal plane of the biological sample through a beam splitter and an objective lens (e.g., the output light to be illuminated on a flat plane of the biological sample through a beam splitter and an objective lens, ¶0034 - ¶0038, Fig. 1), wherein in response to the output light being illuminated on the focal plane of the biological sample, a scattered light is provided from the biological sample (e.g., when the output light is being illuminated on the flat plane of the biological sample, a scattered light is provided from the biological sample, ¶0088, ¶0101); allowing at least a portion of the scattered light to be incident on a camera through the objective lens, the beam splitter, and a tube lens (e.g., even when the biological sample is irradiated with irradiation light with a certain light intensity, the fluorescence intensity to be observed is different between a deep position and a shallow position in the biological sample. This is due to scattering and an aberration of the irradiation light or fluorescence caused by an internal structure of the biological sample. One cause of occurrence of the scattering or the aberration is a change in the optical path caused by a refractive index difference between organs constituting, macroscopically, a structure of a blood vessel or the like and, microscopically, a cell. In particular, at a deep position in the biological sample, the optical path is changed due to the internal structure, and a condensing shape of the irradiation light is greatly changed. Thus, a decrease in the fluorescence intensity and the resolution which is observed and a decrease in an S/N ratio due to background noise occur, ¶0034, ¶0088); and capturing sequential images of the focal plane of the biological sample by the camera (e.g., the images captured of the flat plane of the biological sample by the camera, ¶0118, Fig. 1).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the method of Jia in view of Imamura as taught by Matsumoto since Matsumoto suggested within ¶0034, ¶0088 and ¶0118 that such modification would reduce influence of an aberration in order to obtain higher resolution image(s).
Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jia, Imamura and Matsumoto and further in view of Cooper (U.S PreGrant Publication No. 2014/0133017 A1, hereinafter ‘Cooper’).
With respect to claim 3, Jia in view of Imamura and further in view of Matsumoto teaches the direct imaging method of claim 2, but neither of them teaches wherein the sequential images comprise high-speed and high sensitivity images obtained by using a high-speed camera with a high full-well capacity and images without speckle noise generated by using spatially incoherent illumination.
However, in the same field of endeavor of camera, Cooper teaches wherein the sequential images comprise high-speed and high sensitivity images obtained by using a high-speed camera with a high full-well capacity and images without speckle noise generated by using spatially incoherent illumination (e.g., It’s simply a high-sensitivity camera configured to capture image(s) at high speed and high sensitivity in order to reduce/suppress speckle using illumination, ¶0012 - ¶0013, ¶0024 - ¶0027, ¶0063 and ¶0068 - ¶0073).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the integration of Jia, Imamura and Matsumoto as taught by Cooper since Cooper suggested within ¶0012 - ¶0013, ¶0024 - ¶0027, ¶0063 and ¶0068 - ¶0073 that such modification would improve efficiency of illumination in order to obtain better result(s).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With respect to claim 4, none of the cited references teaches the direct imaging method of claim 1, wherein the generating of the blood cell images by removing the background signals from the sequential images comprises:
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Conclusion
The prior art made of record and not relied upon are considered pertinent to applicant's disclosure:
Haase et al. (U.S PG Publication No. 2021/0161495 A1)1
Haase et al. (U.S PG Publication No. 2019/0076105 A1)2
1This reference teaches determining a hemodynamic value and a slope based on tracking image.
2This reference teaches that a tracking image 40 has been obtained using X-ray fluoroscopy. The tracking image 40 represents a vessel of interest 41, in which an intravascular measurement device has been introduced to acquire at least one intravascular hemodynamic parameter value in order to simulate fluid dynamics through vessels in a vasculature.
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/JUAN M GUILLERMETY/Primary Examiner, Art Unit 2682