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
Regarding 35 U.S.C. 101
Examiner notes that the 101 rejections previously set forth are withdrawn in view of the amendments to the claims. Specifically, it is noted that the additional elements of the compression member, radiation source, ultrasound unit, first sensor and second sensor when considered in combination with the judicial exception are found to integrate the judicial exception into a practical application.
Regarding claim interpretation
Examiner notes that the interpretation of contingent language is withdrawn in view of the amendments to the claims and the 112(f) claim interpretations are withdrawn in view of the amendments to the claims as well as upon further consideration.
Regarding 35 U.S.C. 112
Examiner notes that while amendments are made to claims 1, 11, and 12, it is noted that the claims remain unclear as “which are changeable” remains to be recited and “an upper surface” is recited in two separate places without clarifying whether they are the same or different.
Examiner notes that 112(b) rejections specific to the dependent claim language is withdrawn in view of the amendments to the claims.
Regarding prior art
Applicant's arguments filed 03/04/2026 have been fully considered but they are not persuasive. For example, applicant argues “Applicant submits that Mikami fails to describe or suggest a determination based on the detected location of the ultrasonic probe 16, or associating the determination with the specification of the in-plane position of the ultrasonic probe 16” and “Applicant submits that Mikami fails to identically describe or suggest the step of specifying, based on a result of the determination, a first position that is the in-plane position of the ultrasound unit in a predetermined period including a point in time at which the predetermined condition is satisfied” (REMARKS pg. 9-10). Examiner respectfully disagrees in that first it is noted that the claims do not require a determination based on the detected location of the ultrasonic probe nor associating the determination with the specification of the in-plane position of the ultrasonic probe, but rather merely recites making a determination whether the height of indicated by the heigh information satisfies a predetermined condition (which does not necessarily require any basis from the detected location) and specifying based on a result of the determination, a first position. Nonetheless, it is noted that the determination of whether or not the height indicated by the height information satisfies a predetermined condition is taught by Mikami and further that the determination is based on the detected location by the first sensor. For example, as cited previously [0058] disclosing that the measurement value “D” obtained by the probe location/posture detecting unit 50 with a predetermined value “C” and controls the probe movement mechanism 17 such that the measurement value based on a comparison result thereof, thereby, the distance between the ultrasonic probe 16 and the compression plate 13 is controlled to take the predetermined value “C”. Thus the comparison between D and C and resulting control of the probe movement mechanism is considered a determination of whether the height (D) indicated by the height information satisfies a predetermined condition (D=C) which is based on the detected location by the first sensor (171/141/50). Furthermore, because the Mikami acquires images while moving according to X-axis and Y-axis direction locations as specified according to the location sensor 18 ([0053] and [0049]) while the measurement value D is approximately equal to C ([0058]), it is noted that the specification of the first position (e.g. position detected by the location sensor 18) is necessarily based on the determination result (i.e. D=C). In other words, based on is broadly recited and it is noted that the specified position/location is necessarily based on the determination result regarding whether or not D = C. For at least the reasons listed above, applicant’s arguments against the teachings of Mikami are not found persuasive.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 and 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “an ultrasound unit that is configured to capture and ultrasound image of the breast put into the compressed state by the compression member, that is disposed on a side of an upper surface of the compression member opposite to a contact surface with the breast, and that has an in-plane position in a plane direction of an upper surface and a height from the upper surface, which are changeable”. The limitation is unclear as to what “which are changeable refers to”. In other words, it is unclear if the claim is attempting to define that elements of the ultrasound unit, the compression member, the upper surface, the in-plane position, and/or the height is referred to as the claim does not clearly set forth which elements are referred to as “changeable”. For examination purposes, it has been interpreted that the in-plane position and the height from the upper surface are capable of being changed (e.g. via movement of the ultrasound probe), however, clarification is required.
Claim 1 recites the limitation “the processor”. The limitation lacks sufficient antecedent basis. In this case, the limitation previously recited “at least one processor” and it is therefor unclear which of the at least one processor, the processor refers to. For examination purposes, it has been interpreted to mean the at least one processor, however, clarification is required.
Claims 1, 11, and 12 recite the limitation “that is disposed on a side of an upper surface of the compression member”, “a plane direction of an upper surface”, and “a height from the upper surface”. The limitations in combination are unclear as to whether the second instance of the upper surface is the same as or different form the upper surface of the compression member and if they are different elements it is unclear what an upper surface in the second instance refers to as it does not clearly define what the upper surface is with respect to. For examination purposes, it has been interpreted that they are the same or different, however, clarification is required.
Claims 11 and 12 recite the limitation “capturing, by an ultrasound unit, an ultrasound image of the breast put into the compressed state by the compression member, that is disposed on a side of an upper surface of the compression member opposite to a contact surface with the breast, and that has an in-plane position in a plane direction of an upper surface and a height from the upper surface, which are changeable”. The limitation is unclear for a plurality of reasons. First it is unclear what “that” is referring to as the subject of the claim appears to be an ultrasound image, thus appears to be referring to an ultrasound image that is disposed on a side of an upper surface and an ultrasound image that has an in-plane position and a height from the upper surface, however, it is unclear how an image has such features. Additionally, the limitation is unclear as to what “which are changeable refers to”. In other words, it is unclear if the claim is attempting to define that elements of the ultrasound image, the ultrasound unit, the compression member, the upper surface, the in-plane position, and/or the height is referred to as the claim does not clearly set forth which elements are referred to as “changeable”. For examination purposes, it has been interpreted that “that” refers to the ultrasound unit and the in-plane position and the height from the upper surface are capable of being changed (e.g. via movement of the ultrasound probe), however, clarification is required.
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.
(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.
Claims 1 and 6-8, and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mikami (US 20100030078 A1), hereinafter Mikami.
Regarding claims 1, 11, and 12,
Mikami discloses an imaging system (see at least fig. 1) comprising:
an imaging apparatus (at least fig. 1 (10, 12, 13, 16, 17, 18, 50, 171, and 141) and corresponding disclosure in at least [0027]-[0028] and [0049]-[0051]),
wherein the imaging apparatus (10, 12, 13, 16, 17, 18, 50, 171, and 141) includes:
a compression member (13) that is configured to put a breast into a compressed state between the compression member and an imaging table ([0027] which discloses a compression plate 13 for compressing a breast as the object see also fig. 2 depicting the compression member putting a breast into a compressed state between the compression member and an imaging table);
a radiation source (10) that is configured to irradiate the breast put into the compressed state by the compression member with radiation ([0027] which discloses an X-ray generated by the X-ray tube 10 and transmitted through an object to be inspected 1 and a compression plate 13 for compressing a breast as the object);
an ultrasound unit (16) that is configured to capture an ultrasound image of the breast put into the compressed state by the compression member, that is disposed on a side of an upper surface of the compression member opposite to a contact surface with the breast, and that has an in-plane position in a plane direction of an upper surface and a height from the upper surface, which are changeable (see at least fig. 2);
a first sensor (171 and 141 and/or 50) that is configured to detect the height of the ultrasound unit from the upper surface ([0050] which discloses an absolute coordinate of a home position of the compression plate 13 in the Z-axis direction and an absolute coordinate of a home position of the ultrasonic probe 16 in the Z-axis direction are registered in advance. The compression plate location detecting unit 141 detects a distance of the compression plate 13 from the home position in the Z-axis direction, and the compression plate location detecting unit 141 detects a distance of the ultrasonic probe 16 from the home position in the Z-axis direction. The movement control unit 20 calculates the distance between the compression plate 13 and the ultrasonic probe 16 based on detection results of the compression plate location detecting unit 141 and the probe location detecting unit 171 and [0051] which discloses the probe location/posture detecting unit 50 detects the location and/or the posture of the ultrasonic probe 16 relative to the compression plate 13 based on the reflected image of the compression plate 13 in an ultrasonic image represented by the envelope signals generated by the signal processing unit 45 or the B-mode image data generated by the B-mode image data generating unit 46 and alternatively the location and/or the posture of the ultrasonic probe relative to the compression plate may be optically detected by using a video camera as the probe location/posture detecting unit 50);
and a second sensor (18) that detects the in-plane position of the ultrasound unit ([0049] which discloses the locations of the ultrasonic probe 16 in the X-axis direction and the Y-axis direction are detected by the location sensor 18), and
a control apparatus (at least fig. 1 (20, 30, 40, 60, 80) and corresponding disclosure in at least [0028]) comprising at least one processor (at least fig. 1 (20, 30, 40, 60, 80) and corresponding disclosure in at least [0028]), wherein the processor is configured to:
Acquire, in an order of time, height information indicating the height of the ultrasound unit from the upper surface ([0050] which discloses the movement control unit calculates the distance between the compression plate 13 and the ultrasonic probe 16 based on detection results of the compression plate location detecting unit 141 and the probe location detecting unit. See also [0051] which discloses further, the location in the Z-axis direction and/or posture of the ultrasonic probe 16 relative to the compression plate 13 are detected with no contact by the probe location/posture detecting unit 50. For example, the probe location/posture detecting unit 50 detects the location and/or the posture of the ultrasonic probe 16 relative to the compression plate 13 based on the reflected image of the compression plate 13 in an ultrasonic image represented by the envelope signals generated by the signal processing unit 45 or the B-mode image data generated by the B-mode image data generating unit 46. Alternatively, the location and/or the posture of the ultrasonic probe 16 relative to the compression plate 13 may be optically detected by using a video camera as the probe location/posture detecting unit 50)
Determine whether or not the height indicated by the height information satisfies a predetermined condition ([0058] which discloses the movement control unit 20 compares the measurement value “D” obtained by the probe location/posture detecting unit 50 with a predetermined value “C” and controls the probe movement mechanism 17 such that the measurement value “D” satisfies D is approximately equal to C based on a comparison result thereof); and
Specify, in a case in which it is determined that the height indicated by the height information satisfies the predetermined condition, a first position that is the in-plane position of the ultrasound unit in a predetermined period including a point in time at which the predetermined condition is satisfied ([0053] which discloses when ultrasonic imaging is performed, the probe movement mechanism 17 first sets the ultrasonic probe 16 in the home position and then moves the ultrasonic probe 16 in a predetermined direction. The ultrasonic probe 16 transmits and receives ultrasonic waves while moving, and thereby, ultrasonic imaging is performed, [0049] which discloses the locations of the ultrasonic probe 16 in the X-axis direction and the Y-axis direction are detected by the location sensor 18 and [0028] which discloses a movement control unit for controlling the probe movement mechanism and [0047] which discloses Furthermore, above the compression plate 13, the ultrasonic probe 16 moving along the upper surface of the compression plate 13 is supported by the probe movement mechanism and [0048] which discloses the probe movement mechanism includes a first moving member 17a movable in the Z-axis direction, a second moving member 17b movable in the Y-axis direction relative to the first moving member 17a, a third moving member 17c movable in the X-axis direction relative to the second moving member 17b, a first rotating member 17d rotatable around the Y-axis direction relative to the third moving member 17c, and a second rotating member 17e rotatable around the X-axis direction relative to the first rotating member 17d. These moving members and rotating members are driven by stepping motors or the like under the control of the movement control unit 20 and [0058] which discloses the movement control unit 20 compares the measurement value "D" obtained by the probe location/posture detecting unit 50 with a predetermined value "C", and controls the probe movement mechanism 17 such that the measurement value "D" satisfies D.apprxeq.C based on a comparison result thereof. Specifically, in FIG. 3, the location of the first moving member 17a in the Z-axis direction is controlled. Thereby, the distance between the ultrasonic probe 16 and the compression plate 13 is controlled to take the predetermined value "C". As a result, even when the compression plate 13 is curved in the traveling direction (X-axis direction) of the ultrasonic probe 16, the distance between the ultrasonic probe 16 and the compression plate 13 can be kept constant, and they can be prevented from contacting each other too strongly or separating from each other too distantly to cause acoustic disconnection)
Examiner notes that the system of Mikami would perform the control method of claim 11 and would comprise the non-transitory computer-readable storage medium of 12 having corresponding method steps.
Regarding claim 6,
Mikami further discloses wherein the processor is configured to determine whether or not the height satisfies the predetermined condition by determining whether or not a temporal change amount of the height of the ultrasound unit from the upper surface in a predetermined period is equal to or greater than a predetermined threshold value, as the predetermined condition ([0058] which discloses Specifically, in FIG. 3, the location of the first moving member 17a in the Z-axis direction is controlled. Thereby, the distance between the ultrasonic probe 16 and the compression plate 13 is controlled to take the predetermined value "C", As a result, even when the compression plate 13 is curved in the traveling direction (X-axis direction) of the ultrasonic probe 16, the distance between the ultrasonic probe 16 and the compression plate 13 can be kept constant, and they can be prevented from contacting each other too strongly or separating from each other too distantly to cause acoustic disconnection. Thus the processor determines whether or not a temporal change amount of the height in a predetermined period is equal to or greater than a predetermined threshold value by keeping it constant).
Regarding claim 7,
Mikami further discloses wherein the processor determines whether or not the heigh satisfies the predetermined condition by determining whether or not an absolute value of the height of the ultrasound unit from the upper surface is smaller than a predetermined threshold value, as the predetermined condition ([0059] Here, it is desirable that the predetermined value "C" is set equal to or more than zero and equal to or less than 2 mm to 3 mm and [0058] which discloses The movement control unit 20 compares the measurement value "D" obtained by the probe location/posture detecting unit 50 with a predetermined value "C", and controls the probe movement mechanism 17 such that the measurement value "D" satisfies D approximately equal to C based on a comparison result thereof.).
Regarding claim 8,
Mikami further discloses wherein the processor specifies, in a case in which it is determined that the height indicated by the height information satisfies the predetermined condition, an angle of the ultrasound unit with respect to the upper surface in the predetermined period including the point in time at which the predetermined condition is satisfied, in addition to the first position ([0056] which discloses the angle of the second rotating member 17e around the X-axis is controlled. Thereby, the tilt of the ultrasonic probe 16 relative to the compression plate 13 within the ultrasonic slice plane is controlled to be minimum. As a result, the tilt of the ultrasonic probe 16 relative to the compression plate 13 is corrected as shown in FIG. 5A, and the reference line indicating the leading end of the ultrasonic probe 16 and the reflected image of the compression plate 13 are substantially in parallel to each other in the ultrasonic image as shown in FIG. 5B. [0051] which discloses further, the location in the Z-axis direction and/or posture of the ultrasonic probe 16 relative to the compression plate 13 are detected with no contact by the probe location/posture detecting unit 50. For example, the probe location/posture detecting unit 50 detects the location and/or the posture of the ultrasonic probe 16 relative to the compression plate 13 based on the reflected image of the compression plate 13 in an ultrasonic image represented by the envelope signals generated by the signal processing unit 45 or the B-mode image data generated by the B-mode image data generating unit 46. Alternatively, the location and/or the posture of the ultrasonic probe 16 relative to the compression plate 13 may be optically detected by using a video camera as the probe location/posture detecting unit 50. [0052] The movement control unit 20 controls the probe movement mechanism 17 based on a detection result of the probe location/posture detecting unit 50. Thereby, the location and/or the posture of the ultrasonic probe 16 relative to the compression plate 13 are controlled. When an air layer exists between the ultrasonic probe 16 and the compression plate 13, ultrasonic waves are reflected at a boundary of the air layer and no ultrasonic image can be generated. Accordingly, echo gel or the like is applied to the upper surface of the compression plate 13. [0062] which discloses the case where the location and/or the posture of the ultrasonic probe 16 relative to the compression plate 13 is controlled in real time has been explained).
Regarding claim 10,
Mikami further teaches wherein the imaging apparatus further includes:
a first drive device (at least fig. 1 (17a) and corresponding disclosure in at least [0048]) including a first drive source (17a) that moves the ultrasound unit between at least two states of an approach state in which the ultrasound unit approaches the upper surface, and a separation state in which the ultrasound unit is separated from the upper surface as compared to the approach state ([0048] which discloses the first moving member movable in the Z-axis direction and These moving members and rotating members are driven by stepping motors or the like under the control of the movement control unit 20 and [0058] which discloses the location of the first moving member 17a in the Z-axis direction is controlled. Thereby, the distance between the ultrasonic probe 16 and the compression plate 13 is controlled to take the predetermined value "C"); and
a second drive device (at least fig. 1 (17b and/or 17c) and corresponding disclosure in at least [0048]) including a second drive source (17b and/or 17c) that moves the ultrasound unit put into the separation state by the first drive device in the plane direction of the upper surface ([0048] which discloses a second movement member movable in the Y-axis direction and a third moving member movable in the X-axis direction, these moving members and rotating members are driven by stepping motors or the like under the control of the movement control unit 20. Examiner notes that the second drive mechanism functions to move the ultrasound unit in any instance)
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 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Mikami in view of Foreign Hisayuki (JP 2010162058 A), hereinafter Hisayuki. Examiner notes that citations to Hisayuki are with reference to the translated copy provided herein.
Regarding claim 2,
Mikami teaches the elements of claim 1 as previously stated. Mikami further teaches wherein the processor is configured to acquire a radiation image of the breast put into the compressed state by the compression member ([0036] which discloses a radiation image data generating unit 34 and [0037] which discloses the radiation image data generating unit 34 generates radiation image data based on the radiation detection signals and [0045] which discloses the image processing unit 60 performs necessary image processing such as gradation process on the radiation image data outputted from the radiation imaging control division 30 and the B-mode image data outputted from the ultrasonic imaging control division 40 to generate image data for display);
Associate first coordinates of the radiation image with the in-plane position ([0045] which discloses a radiation image, and an ultrasonic image are displayed on the display units 61 and 62, respectively, thus associating the images and coordinates/position thereof); and
Mikami fails to explicitly teach wherein the processor is configured to specify the first coordinates of the radiation image corresponding to the specified first position.
Hisayuki, in a similar field of endeavor involving medical imaging, teaches wherein a processor is configured to specify first coordinates of a radiation image corresponding to a specified first position of an ultrasound unit ([0080] which discloses the probe position detection unit 24 detects the position of the ultrasonic probe 21 in the ultrasonic coordinate system and the position of the origin (for example, the position of the isocenter) of the X-ray coordinate system in the ultrasonic coordinate system. The probe position detection unit 24 outputs the coordinate information of the ultrasonic probe 21 in the ultrasonic coordinate system and the coordinate information of the origin of the X-ray coordinate system in the ultrasonic coordinate system to the ultrasonic image storage unit 25 and the second control unit 26 and [0053] which discloses image combining unit 42 combines the probe marker at the position indicated by the probe shape information in the X-ray image data, and the display control unit 4 causes the display unit 51 to display the X-ray image combined with the probe marker. As a result, the probe marker is displayed on the display unit 51 in a state of being superimposed at the position indicated by the probe shape information in the X-ray image).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Mikami to include specifying first coordinates of the radiation image as taught by Hisayuki in order to allow the operator to easily grasp the positional relationship between the X-ray image 100 and the ultrasound image 200 by correlating the position at which the X-ray image is acquired with the position of the ultrasound probe 21 (Hisayuki [0008] and [0076]).
Regarding claim 3,
Mikami, as modified, teaches the elements of claim 2 as previously stated. Hisayuki, as applied to claim 2 above, further teaches wherein the processor is configured to perform control of storing the radiation image and the first coordinates in a storage unit in association with each other ([0080] which discloses the probe position detection unit 24 detects the position of the ultrasonic probe 21 in the ultrasonic coordinate system and the position of the origin (for example, the position of the isocenter) of the X-ray coordinate system in the ultrasonic coordinate system. The probe position detection unit 24 outputs the coordinate information of the ultrasonic probe 21 in the ultrasonic coordinate system and the coordinate information of the origin of the X-ray coordinate system in the ultrasonic coordinate system to the ultrasonic image storage unit 25 and the second control unit 26).
Regarding claim 4,
Mikami, as modified, teaches the elements of claim 2 as previously stated. Hiyusaki, as applied to claim 2 above, further teaches wherein the processor is configured to perform control of displaying, on a display, a first marker (at least figs 4 and 6 (120) and corresponding disclosure in at least [0097]) indicating the specified first coordinates in a state of being superimposed on the radiation image (at least figs. 4 and 6 (100) and corresponding disclosure in at least [0097]) ([0053] which discloses image combining unit 42 combines the probe marker at the position indicated by the probe shape information in the X-ray image data, and the display control unit 4 causes the display unit 51 to display the X-ray image combined with the probe marker. As a result, the probe marker is displayed on the display unit 51 in a state of being superimposed at the position indicated by the probe shape information in the X-ray image).
Regarding claim 5,
Mikami, as modified, teaches the elements of claim 4 as previously stated. Mikami further teaches wherein the processor is configured to: specify, in a case in which it is determined that the height indicated by the height information does not satisfy the predetermined condition, a second position that is the in-plane position of the ultrasound unit in a predetermined period including a point in time at which the predetermined condition is not satisfied ([0058] which discloses the movement control unit 20 compares the measurement value "D" obtained by the probe location/posture detecting unit 50 with a predetermined value "C", and controls the probe movement mechanism 17 such that the measurement value "D" satisfies D approximately equal to C based on a comparison result thereof and [0049] which discloses the locations of the ultrasonic probe 16 in the X-axis direction and the Y-axis direction are detected by the location sensor 18 and [0028] which discloses a movement control unit for controlling the probe movement mechanism and [0047] which discloses Furthermore, above the compression plate 13, the ultrasonic probe 16 moving along the upper surface of the compression plate 13 is supported by the probe movement mechanism and [0048] The probe movement mechanism includes a first moving member 17a movable in the Z-axis direction, a second moving member 17b movable in the Y-axis direction relative to the first moving member 17a, a third moving member 17c movable in the X-axis direction relative to the second moving member 17b, a first rotating member 17d rotatable around the Y-axis direction relative to the third moving member 17c, and a second rotating member 17e rotatable around the X-axis direction relative to the first rotating member 17d. These moving members and rotating members are driven by stepping motors or the like under the control of the movement control unit 20 and [0058] which discloses e movement control unit 20 compares the measurement value "D" obtained by the probe location/posture detecting unit 50 with a predetermined value "C", and controls the probe movement mechanism 17 such that the measurement value "D" satisfies D.apprxeq.C based on a comparison result thereof. Specifically, in FIG. 3, the location of the first moving member 17a in the Z-axis direction is controlled. Thereby, the distance between the ultrasonic probe 16 and the compression plate 13 is controlled to take the predetermined value "C". As a result, even when the compression plate 13 is curved in the traveling direction (X-axis direction) of the ultrasonic probe 16, the distance between the ultrasonic probe 16 and the compression plate 13 can be kept constant, and they can be prevented from contacting each other too strongly or separating from each other too distantly to cause acoustic disconnection. Examiner thus notes that the processor specifies the in-plane position (e.g. through movement of the ultrasound probe) in all cases including in a case in which it is determined that the height indicated by the height information does not satisfy a predetermined condition (i.e. when the ultrasonic probe 16 is a part from the compression plate 13, the measurement value D is a large value as shown in 6A));
Mikami, as modified, fails to explicitly teach wherein the processor is configured to specify second coordinates of the radiation image corresponding to the specified second position; and perform control of displaying, on the display, a second marker that indicates the specified second coordinates and has a different form from the first marker in a state of being superimposed on the radiation image.
Nonetheless, Hisayuki further teaches wherein the processor is configured to specify second coordinates of the radiation image corresponding to the specified second position ([0080] which discloses the probe position detection unit 24 detects the position of the ultrasonic probe 21 in the ultrasonic coordinate system and the position of the origin (for example, the position of the isocenter) of the X-ray coordinate system in the ultrasonic coordinate system. The probe position detection unit 24 outputs the coordinate information of the ultrasonic probe 21 in the ultrasonic coordinate system and the coordinate information of the origin of the X-ray coordinate system in the ultrasonic coordinate system to the ultrasonic image storage unit 25 and the second control unit 26); and perform control of displaying, on the display, a second marker that indicates the specified second coordinates and has a different form from the first marker in a state of being superimposed on the radiation image ([0053] which discloses image combining unit 42 combines the probe marker at the position indicated by the probe shape information in the X-ray image data, and the display control unit 4 causes the display unit 51 to display the X-ray image combined with the probe marker. As a result, the probe marker is displayed on the display unit 51 in a state of being superimposed at the position indicated by the probe shape information in the X-ray image. Examiner notes that the second marker is considered in a different form as it corresponds to a second different position and thus would be in a different form in position, orientation, etc.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Mikami to include specifying second coordinates of the radiation image and displaying the second marker as taught by Hisayuki in order to allow the operator to easily grasp the positional relationship between the X-ray image 100 and the ultrasound image 200 by correlating the position at which the X-ray image is acquired with the position of the ultrasound probe 21 (Hisayuki [0008] and [0076]).
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.
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/BROOKE LYN KLEIN/Primary Examiner, Art Unit 3797