DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements submitted on 04/09/2024 have been considered by the Examiner and made of record in the application file.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 2021/0407082 A1) in view of Periaswamy (US 2010/0246912 A1).
Regarding claims 1 and 8, Smith discloses a medical image processing apparatus comprising processing circuitry configured to:
[claim 8: A non-transitory computer readable medium comprising instructions that cause a computer to execute: (paragraph 253)]
acquire a first image and a second image with respect to a target site of a subject, the first image and the second image being medical images with different imaging times, (paragraph 14: The first set of cross-sectional medical images is associated with a first timepoint. The second set of cross-sectional medical images includes cross-sectional images of the patient captured at a second timepoint that is different than the first timepoint.)
set a plurality of regions of interest (lesions are the ROIs therefore a plurality of lesions imply a plurality of ROIs for the timepoint image sets) in the first image and the second image, (paragraph 14: A plurality of entries including anatomic location information and annotation information associated with a plurality of lesions represented in a plurality cross-sectional medical images from a first set of cross-sectional medical images of a patient.)
specify pairs of corresponding regions of interest in the first image and the second image among the plurality of regions of interest, and (paragraph 14: identify a predicted matching cross-sectional medical image from the second set of cross-sectional medical images that corresponds to the particular cross-sectional medical image associated with the particular entry; paragraph 136: Certain aspects and/or features of the guided presentation described hereinabove referring to FIGS. 23-26 may also apply in later-timepoint analysis of previously analyzed lesions, as depicted in FIGS. 28-33. For instance, a user may select a control (e.g., a “Start Autopilot” button 2810, as shown in FIG. 28) to initiate a guided analysis of lesions represented in the second set of cross-sectional images 2804 based at least in part on information associated with the previously analyzed lesions).
cause a display to display the first image and the second image, and cause the display to display information corresponding to each of the plurality of regions of interest between the first image and the second image (paragraph 14: The system is configurable to display a respective representation of each of the plurality of entries of the first data structure and present a second set of cross-sectional medical images of the patient and present the predicted matching cross-sectional medical image simultaneously with the particular cross-sectional medical image, particular anatomic location information from the particular entry for the particular lesion, and particular annotation information from the particular entry for the particular lesion. Paragraph 122: The system provides a list of information related to analyzed lesions.)
but fails to specifically disclose in a manner such that regions of interest for which the pair has been specified are distinguished from regions of interest for which the pair has not been specified.
In related art, Periaswamy teaches regions of interest for which the pair has been specified are distinguished from regions of interest for which the pair has not been specified. (paragraph 8, 11 and 67: Periaswamy distinguishes matches vs unmatched ROIs using different display notations. In paragraph 8, matched set may be specially depicted using a first notation. Said first notation may be double circle. In paragraph 11, Periaswamy teaches unmatched ROIs: “to which no candidate suspicious anomaly in the registered second acquired anatomical colon image corresponds, whereby the said candidate suspicious anomaly is not part of a matched set, classifying the said unmatched candidate suspicious anomaly as belonging to a true positive class” and “The at least one unmatched candidate suspicious anomaly classified as belonging to a true positive class may be specially depicted using a second notation. Said second notation may be a single circle.”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Periaswamy into the teachings of Smith to effectively improve the automatic identification of anomalies in imaged structures.
Regarding claim 2, Smith, as modified by Periaswamy, discloses the claimed invention wherein the processing circuitry causes the display to arrange and display pairs of the information corresponding to the regions of interest for which the pair has been specified. (Smith: paragraphs 134-136)
Regarding claim 3, Smith, as modified by Periaswamy, discloses the claimed invention wherein the processing circuitry causes the display to display at least an image of the region of interest as the information corresponding to each of the plurality of regions of interest. (Smith: paragraph 14)
Regarding claim 4, Smith, as modified by Periaswamy, discloses the claimed invention wherein the setting of the region of interest by the processing circuitry is performed when an operator designates an area in the first image or the second image displayed on the display, and the processing circuitry causes the display to display an enlarged image corresponding to the area in response to the designation of the area. (Smith: paragraphs 92-93)
Regarding claim 5, Smith, as modified by Periaswamy, discloses the claimed invention wherein the processing circuitry receives selection of the information made by an operator, at least one of the first image and the second image is a three-dimensional medical image obtained by imaging a three-dimensional area of the subject, and when a region of interest corresponding to the information for which the selection has been received is a region set by the processing circuitry in the three-dimensional medical image, the processing circuitry causes the display to display a cross-section including the region of interest in the three-dimensional medical image. (Smith: paragraphs 14 and 70)
Regarding claim 6, Smith, as modified by Periaswamy, discloses the claimed invention wherein the processing circuitry supplements, as supplementary information, clinical information of the subject at a time phase, in which an image has been acquired, to at least one of the first image or the second image, determines a reliability of the pairs of the specified regions of interest based on the supplementary information, and causes the display to display information on the reliability along with the information. (Smith: paragraphs 77 and 132)
Regarding claim 7, Smith, as modified by Periaswamy, discloses the claimed invention wherein the processing circuitry specifies a region of interest anatomically close to a non-specified region of interest being a region of interest, for which no pair has not been specified in one of the first image or the second image, in the other of the first image or the second image, and causes the information corresponding to the non-specified region of interest to be displayed near the information corresponding to a region of interest specified in the other image. (Smith: paragraphs 77, 133-136 and 160)
Conclusion
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/BOBBAK SAFAIPOUR/Primary Examiner, Art Unit 2665