DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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
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 1-6, 8, 10-13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Thattari Kandiyil et al. US Publication 2015/0272553 (hereafter “Thattari Kandiyil”) and Zhuang US Publication 2014/0263616 (hereafter “Zhuang”).
Referring to claims 1 and 10, Thattari Kandiyil discloses a medical device, comprising:
a scanning probe, the scanning probe configured to scan a subject (paragraph 15, The system 100 includes an ultrasound probe 102);
a memory storing instructions’ and a processor configured to execute the instructions to:
obtain a medical image and scan-related information obtained by scanning the subject with the scanning probe (paragraph 18, The ultrasound probe 102 is used for capturing ultrasound images from the patient which is communicated to the central server 106) (paragraph 16, The central sever 106 transmits the set-up information based on the patient data to the controller 108. The set-up information in the context of ultrasound imaging may include imaging presets, imaging parameters, health parameters to be monitored for the patient, number of scans to be performed, dosage and so on); and
storing the scan-related information in an identifiable medium (paragraph 16, The central sever 106 transmits the set-up information based on the patient data to the controller 108).
While Thattari Kandiyil discloses obtaining scan-related information, Thattari Kandiyil does not disclose expressly storing the scan-related information in an identifiable medium, the identifiable medium being provided in a portable mobile carrier.
Zhuang discloses storing the scan-related information in an identifiable medium (paragraph 61, Step 305: the therapy and/or status information of the medical device is transformed to a barcode or barcodes), the identifiable medium being provided in a portable mobile carrier (paragraph 44, A data reading device 105 is adapted to scan the barcodes output by the medical device 100, and to generate a therapy report according to the information obtained from parsing the scanned barcodes and send the therapy report generated to a medical institution or third party).
Before the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to store scan-related information in an identifiable medium provided in a portable mobile carrier. The motivation for doing so would have been to receive medical device information with existing code reading devices used in hospitals. Therefore, it would have been obvious to combine Zhuang with Thattari Kandiyil to obtain the invention as specified in claims 1 and 10.
Referring to claims 2 and 11, Zhuang discloses wherein the identifiable medium comprises at least one of a barcode, a two-dimensional code, a three-dimensional code, an NFC tag, and an RFID tag (paragraph 61, Step 305: the therapy and/or status information of the medical device is transformed to a barcode or barcodes).
Referring to claims 3 and 12, Zhuang discloses wherein the portable mobile carrier comprises at least one of an electronic mobile terminal, a printable medium, and an integrated circuit card (paragraph 48, the data reading device could be integrated with an existing mobile terminal).
Referring to claims 4 and 13, Thattari Kandiyil discloses wherein the scan-related information comprises at least one of scan parameter information, body marker information, and scanning result information (paragraph 16, The central sever 106 transmits the set-up information based on the patient data to the controller 108. The set-up information in the context of ultrasound imaging may include imaging presets, imaging parameters, health parameters to be monitored for the patient, number of scans to be performed, dosage and so on).
Referring to claims 5 and 16, Thattari Kandiyil discloses wherein the processor is further configured to:
identify the scan-related information in the identifiable medium (paragraph 16, The central sever 106 transmits the set-up information based on the patient data to the controller 108); and
control the scanning probe to perform a secondary scan on the subject based on the scan-related information (paragraph 25, Once the person 308 completes examination of the patient 300 then the person 308 i.e. doctor can move to another patient and perform the same procedure using an electronically readable card of this patient. The set-up information for this patient may be completely different from the patient 300).
Referring to claim 6, Thattari Kandiyil discloses wherein the processor is further configured to execute the instructions to set a scan parameter of the secondary scan based on the scan parameter information (paragraph 25, Once the person 308 completes examination of the patient 300 then the person 308 i.e. doctor can move to another patient and perform the same procedure using an electronically readable card of this patient. The set-up information for this patient may be completely different from the patient 300).
Referring to claims 8 and 18, Thattari Kandiyil discloses wherein the processor is further configured to execute the instructions to:
obtain an updated medical image and updated scan-related information based on adjusted information of at least one of the scan parameter information and the body marker information (paragraph 25, Once the person 308 completes examination of the patient 300 then the person 308 i.e. doctor can move to another patient and perform the same procedure using an electronically readable card of this patient. The set-up information for this patient may be completely different from the patient 300); and
store the updated scan-related information in the identifiable medium (paragraph 16, The central sever 106 transmits the set-up information based on the patient data to the controller 108).
Referring to claim 17, Thattari Kandiyil discloses wherein the performing the secondary scan based on the scan-related information comprises at least one of the following:
setting, according to the scan parameter information, a scan parameter of the secondary scan (paragraph 25, Once the person 308 completes examination of the patient 300 then the person 308 i.e. doctor can move to another patient and perform the same procedure using an electronically readable card of this patient. The set-up information for this patient may be completely different from the patient 300); and
determining, according to the body marker information, the position and the pose of a scanning probe used in the secondary scan.
Claims 7, 9, 14, 15, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Thattari Kandiyil et al. US Publication 2015/0272553 and Zhuang US Publication 2014/0263616 as applied to claims 5, 6, 13 and 16 above, and further in view of Nielsen et al. US Publication 2015/0294495 (hereafter “Nielsen”).
Referring to claim 7, Thattari Kandiyil discloses performing the secondary scan, but does not disclose expressly wherein the position and the pose of the scanning probe are determined according to body marker information.
Nielsen discloses wherein the position and the pose of the scanning probe (paragraph 4, The user then places the graphical indicia 116 with respect to the body marker 102 to provide the clinician with a graphic that shows the approximate location and orientation of the transducer array during data acquisition) when performing the secondary scan are determined according to the body marker information (paragraph 8, superimposing a 3D body mark over a 3D body mark region of a display region, wherein the display region concurrently displays an ultrasound image of scanned tissue of interest in an image display region of the display region, and wherein the 3D body mark includes a region of the body including the scanned tissue of interest).
Before the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to use body marker information to determine the position and the pose of the scanning probe. The motivation for doing so would have been to inform the operator of the correct positioning of the scanning probe. Therefore, it would have been obvious to combine Nielsen with Thattari Kandiyil to obtain the invention as specified in claim 7.
Referring to claims 9 and 20, Thattari Kandiyil discloses a display (paragraph 20, The touch input display 204 displays the menu selections and also presents ultrasound images captured from the patient), but does not disclose expressly generating a body marker image.
Nielsen discloses wherein the processor is further configured to execute the instructions to:
generate a body marker image according to the body marker information of the scan-related information, the body marker image comprising a visual representation image of a scanned site and a scanning probe icon superimposed and displayed on the visual representation image (paragraph 4, The user then places the graphical indicia 116 with respect to the body marker 102 to provide the clinician with a graphic that shows the approximate location and orientation of the transducer array during data acquisition); and
control the display to display a superimposed body marker image on a medical image obtained by the secondary scan (paragraph 8, superimposing a 3D body mark over a 3D body mark region of a display region, wherein the display region concurrently displays an ultrasound image of scanned tissue of interest in an image display region of the display region, and wherein the 3D body mark includes a region of the body including the scanned tissue of interest).
Before the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to use body marker information to display a superimposed body marker image. The motivation for doing so would have been to inform the operator of the correct positioning of the scanning probe. Therefore, it would have been obvious to combine Nielsen with Thattari Kandiyil to obtain the invention as specified in claims 9 and 20.
Referring to claim 14, Thattari Kandiyil discloses wherein the scan parameter information comprises at least one of a scanning mode, a scanning presetting, a scan parameter adjustment, and a scanning time (paragraph 16, The imaging presets may include for example imaging depth, intensity of imaging signals, type of imaging (such as cardiac, abdominal, obstetric etc.), and other imaging parameters based on the body structure of the patient); and
the scanning result information comprises at least one of a measurement result and diagnostic information (paragraph 16, The set-up information in the context of ultrasound imaging may include imaging presets, imaging parameters, health parameters to be monitored for the patient, number of scans to be performed, dosage and so on).
Thattari Kandiyil does not disclose expressly body marker information.
Nielsen discloses the body marker information comprises body marker type information and position and pose information of a scanning probe icon (paragraph 4, The user then places the graphical indicia 116 with respect to the body marker 102 to provide the clinician with a graphic that shows the approximate location and orientation of the transducer array during data acquisition);
the position and pose information comprises at least one of position information of the scanning probe icon and angle of rotation information of the scanning probe icon (paragraph 8, superimposing a 3D body mark over a 3D body mark region of a display region, wherein the display region concurrently displays an ultrasound image of scanned tissue of interest in an image display region of the display region, and wherein the 3D body mark includes a region of the body including the scanned tissue of interest).
Before the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to use body marker information to use body marker information. The motivation for doing so would have been to inform the operator of the correct positioning of the scanning probe. Therefore, it would have been obvious to combine Nielsen with Thattari Kandiyil to obtain the invention as specified in claim 14.
Referring to claim 15, Nielsen discloses wherein the position and pose information is information of the position of the scanning probe icon and/or the angle of rotation of the scanning probe icon in a visual representation image coordinate system of a scanned site (paragraph 4, The user then places the graphical indicia 116 with respect to the body marker 102 to provide the clinician with a graphic that shows the approximate location and orientation of the transducer array during data acquisition).
Referring to claim 19, Thattari Kandiyil discloses performing a secondary scan, but does not disclose expressly superimposing and displaying the scan-related information on a medical image obtained by the secondary scan.
Nielsen discloses superimposing and displaying the scan-related information on a medical image obtained by the secondary scan (paragraph 8, superimposing a 3D body mark over a 3D body mark region of a display region, wherein the display region concurrently displays an ultrasound image of scanned tissue of interest in an image display region of the display region, and wherein the 3D body mark includes a region of the body including the scanned tissue of interest).
Before the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to display a superimposed body marker image. The motivation for doing so would have been to inform the operator of the correct positioning of the scanning probe. Therefore, it would have been obvious to combine Nielsen with Thattari Kandiyil to obtain the invention as specified in claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER K HUNTSINGER whose telephone number is (571)272-7435. The examiner can normally be reached Monday - Friday 8:30 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benny Q Tieu can be reached at 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER K HUNTSINGER/Primary Examiner, Art Unit 2682