DETAILED ACTION
Claims 4, 5, 8, 13, 16 and 18 are cancelled.
Claims 1-3, 6, 7, 9-12, 14, 15, 17, 19 and 20 are currently pending.
The previous objection to the title of the invention is withdrawn due to Applicant’s amendment.
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 6, 7, 9-12, 14, 15, 17, 19 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It is noted that the amendment to claim 1 is more substantial than merely incorporating the features of claims 4, 5 and 8. For instance, claim 1 has been amended to recite “obtain[ing] an updated medical image and updated scan-related information of the secondary scan”. Such a limitation was not present in the earlier versions of claims 4, 5 and 8.
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 1-3, 6, 10-12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Thattari Kandiyil et al. US Publication 2015/0272553 (hereafter “Thattari Kandiyil”), Zhuang US Publication 2014/0263616 (hereafter “Zhuang”) and Halmann et al. US Publication 2017/0086797 (hereafter “Halmann”).
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), 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); 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),
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);
control the scanning probe to perform a secondary scan on the subject based on the scan-related information (paragraph 24, The monitor 302 presents the ultrasound images to the person 308 for examining the condition of the patient 300).
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.
Thattari Kandiyil does not disclose expressly obtaining an updated medical image and updated scan-related information of a secondary scan.
Halmann discloses performing a secondary scan
control the scanning probe to perform a secondary scan on the subject based on the scan-related information (paragraph 38, the controller circuit 236 may determine and/or detect the examination or scan to be performed based on information within the PHI);
obtain an updated medical image and updated scan-related information of the secondary scan based on adjusted information of at least one of the scan parameter information and the body marker information (paragraph 80, At 414, the controller circuit 236 transmits the updated PHI to the second remote system. The updated PHI may include the medical a data acquired by the controller circuit 236 during the scan performed at 412. For example, the controller circuit 236 may acquire one or more ultrasound images from the scan performed at 412); and
store the updated scan-related information of the secondary scan in the identifiable medium (paragraph 80, The controller circuit 236 may add and/or burn portions of the PHI into the one or more ultrasound images to form the updated PHI. Additionally or alternatively, the controller circuit 236 may include timing and location information on when the scan was performed, which medical device 102 performed the scan, the user of the scanning medical device 102, and/or the like to the PHI received from the first remote system to form the updated PHI).
Before the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to obtain an updated medical image and updated scan-related information of a secondary scan. The motivation for doing so would have been to better management a patient’s health information in a hospital environment. Therefore, it would have been obvious to combine Zhuang and Halmann 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 claim 6, Halmann 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 38, the controller circuit 236 may determine and/or detect the examination or scan to be performed based on information within the PHI).
Referring to claim 17, Halmann 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 38, the controller circuit 236 may determine and/or detect the examination or scan to be performed based on information within the PHI); 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, Zhuang US Publication 2014/0263616 and Halmann et al. US Publication 2017/0086797 (hereafter “Halmann”) as applied to claims 1, 6 and 10 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
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 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
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