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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/08/2026 has been entered. Claims 1-13 remain pending in the application.
Response to Amendment
Claims 1-13 remain pending in the application in response to the applicant’s amendments to the rejections previously set forth in the Final Office Action mailed 10/22/2025.
Response to Arguments
Applicant’s arguments filed 12/15/2025 with respect to claim(s) 1 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.
Given the amendments to claims 1 and 8, reference to Mougenot is being relied upon to teach dependent claims 2-5 and 9-11 more-consistently with the instant claim language, as shown below.
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.
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 1-5 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Mougenot et al. (US 20130338485 A1, published December 19, 2013) in view of Thiemann et al. (US 20080275339 A1, published November 6, 2008), hereinafter referred to as Mougenot and Thiemann, respectively.
Regarding claim 1, and similarly for claim 8, Mougenot teaches a method of calibrating an ultrasound imaging system (Fig. 1-2), the method comprising:
capturing with the ultrasound imaging system ultrasound image data including a first tissue and a second tissue, the ultrasound image data captured based on a predetermined single speed of ultrasound waves through both the first tissue and the second tissue being the same; generating a sonogram based on the ultrasound image data (see para. 0097 – “In step 202 ultrasound data is acquired using an ultrasound transmitter and receiver. Data is acquired for at least two paths through the subject.” Where generating an ultrasound image based on transmitting a single speed of sound to tissues is inherent and known in the art);
segmenting the first tissue and the second tissue in the sonogram utilizing an image processing unit of the ultrasound imaging system (see para. 0097 – “In step 204 the medical image data is segmented into at least two tissue types. The number of paths through the subject should be at least as large as the number of tissue types.”);
identifying a first depth of the first tissue and a second depth of the second tissue based on the sonogram utilizing the imaging processing unit of the ultrasound imaging system (see para. 0097 – “In step 206 the distance traveled [depth] in each of the at least two tissue types is determined.”); and
identifying an actual first speed of ultrasound waves through the first tissue and an actual second speed of ultrasound waves through the second tissue, wherein the actual first speed is different than the actual second speed (see para. 0097 – “In step 208 the speed of ultrasound in each of the at least two tissue types is calculated.”).
Mougenot teaches identifying different speeds of sounds through different tissue depths in an image, but does not explicitly teach repositioning pixels of the image based on the identified different speeds of sounds through different tissue depths.
Whereas, Thiemann, in an analogous field of endeavor, teaches generating a calibrated image by repositioning pixels of the sonogram (scaling) based on the actual first speed of ultrasound waves through the first tissue and the actual second speed of ultrasound waves through the second tissue (see para. 0022 – “In this manner, a calibrated spatial distribution of the speed of sound in the body structure is obtained. This spatial distribution may be used to increase the accuracy in scaling ultrasound images.”; see para. 0023 – “If the different speed of sound corresponding to the different types of body structure is taken into account and then calibrated in accordance with the method described above by measuring the mean speed of sound, it is possible to further increase the accuracy in scaling.”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified identifying different speeds of sounds through different tissue depths in an image, as disclosed in Mougenot, by also repositioning pixels of the image (scaling) based on the identified different speeds of sounds through different tissue depths, as disclosed in Thiemann. One of ordinary skill in the art would have been motivated to make this modification in order to obtain more accurate ultrasound images, as taught in Thiemann (see para. 0060).
Furthermore, regarding claim 2, Mougenot further teaches wherein the image processing unit utilizes an algorithm to segment the first tissue and the second tissue in the sonogram (see para. 0097 – “In step 204 the medical image data is segmented into at least two tissue types. The number of paths through the subject should be at least as large as the number of tissue types.”; see para. 0055 – “At least two different types of tissue are identified or segmented in the medical image data. The medical image data may be segmented using standard segmentation algorithms.”).
Furthermore, regarding claims 3 and 9, Mougenot further teaches wherein the image processing unit is configured to segment the first tissue and the second tissue based on differences in texture (see para. 0055 – “At least two different types of tissue are identified or segmented in the medical image data. The medical image data may be segmented using standard segmentation algorithms.” Where texture segmentation is a well-known type of image process in the art).
Furthermore, regarding claims 4 and 10, Mougenot further teaches wherein the segmenting includes identifying the first tissue and the second tissue based on a location of an ultrasound probe housing relative to anatomy (see para. 0055 – “The medical image data may be descriptive of the anatomy of a subject. At least two different types of tissue are identified or segmented in the medical image data. The medical image data may be segmented using standard segmentation algorithms. For instance landmarks in the anatomical data of the medical image data may be identified.” " known in the art to identify different tissues and organs in an image (i.e., heart vs bladder) based on the location of the probe on the body (i.e., chest region vs pelvic region), as the medical practitioner necessarily and inevitably takes into account the position of the probe on the body under examination.).
Furthermore, regarding claims 5 and 11, Mougenot further teaches wherein identifying the first depth and the second depth includes measuring the first depth of the first tissue and measuring the second depth of the second tissue on the sonogram (see para. 0097 – “In step 206 the distance traveled [depth] in each of the at least two tissue types is determined.”).
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Mougenot in view of Thiemann, as applied to claims 1 and 8 above, respectively, and in further view of Hollaender et al. (US 20180161015 A1, published June 14, 2018), from IDS, hereinafter referred to as Hollaender.
Regarding claims 6 and 12, Mougenot in view of Thiemann teaches all of the elements disclosed in claim 1 and 8 above, respectively.
Mougenot in view of Thiemann identifying different depths of different tissues, but does not explicitly teach estimating the first depth and the second depth based on patient parameters.
Whereas, Hollaender, in an analogous field of endeavor, teaches wherein identifying the first depth and the second depth includes estimating the first depth and the second depth based on patient parameters including one or more of age, sex, weight, and body mass index (BMI) (see para. 0048 - "The user input module 230 may comprise suitable circuitry that may be operable to enable obtaining or providing input to the ultrasound system 200, for use in operations thereof. For example, the user input module 230 may be used to input patient data..." known in the art to identify tissues in an ultrasound image based on patient parameters, for the medical practitioner to include relevant knowledge about the patient under examination (in particular about the anatomical and physiological properties) to assess the plausibility of the results of analysis).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified identifying different depths of different tissues, as disclosed in Mougenot in view of Thiemann, by also estimating the first depth and the second depth based on patient parameters, as disclosed in Hollaender. One of ordinary skill in the art would have been motivated to make this modification in order to further increase the accuracy of the calibrated image.
Claims 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Mougenot in view of Thiemann, as applied to claims 1 and 8 above, respectively, and in further view of Moctezuma de la Barrera et al. (US 20230301633 A1, published September 28, 2023 with a priority date of August 16, 2017), hereinafter referred to as Barrera.
Regarding claims 7 and 13, Mougenot in view of Thiemann teaches all of the elements disclosed in claim 1 and 8 above, respectively.
Mougenot in view of Thiemann teaches generating a calibrated image, but does not explicitly teach calibrating a position of an ultrasound imaging plane of the ultrasound imaging system based on the calibrated image.
Whereas, Barrera, in an analogous field of endeavor, teaches calibrating a position of an ultrasound imaging plane of the ultrasound imaging system based on the calibrated image (Fig. 6; see para. 0043 - " the position of the ultrasound device 21 can be tracked by the surgical navigation system 20, for example, by the optical sensors 40 of the localizer 34 sensing the trackers 50 coupled to the ultrasound device 21 spatial and temporal calibration of the ultrasound imaging by determining the relative transformation between the ultrasound device and image coordinates as detected by the ultrasound device (e.g., the coordinates of the segmented bone surface as adjusted for variances in the speed of sound [calibrated image based on actual speeds of sound]).").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified generating a calibrated image, as disclosed in Mougenot in view of Thiemann, by also calibrating a position of an ultrasound imaging plane of the ultrasound imaging system based on the calibrated image, as disclosed in Barrera. One of ordinary skill in the art would have been motivated to make this modification in order to maximize the two-dimensional ultrasound imaging, and optimize over multiple recordings and handle more arbitrary sweep geometries, as taught in Barrera (see para. 0043).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wilson et al. (US 20090274340 A1, published November 5, 2009) discloses a probe produces a response-provoking signal in the muscle tissue used to determine the fat and loin depth in the portion of muscle tissue.
Rubin et al. (US 20190038220 A1, published February 7, 2019) discloses correcting the fractional fat content map based on tissue speed of sound data to yield a final fractional fat content map for the target tissue within the region of interest.
Bates et al. (US 20150173723 A1, published June 25, 2015) discloses an ultrasound system calibration error can be a scaling error in the ultrasound scan data that may be caused by speed-of-sound variation in different tissue types.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nyrobi Celestine whose telephone number is 571-272-0129. The examiner can normally be reached on Monday - Thursday, 7:00AM - 5:00PM EST.
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/Nyrobi Celestine/
Examiner, Art Unit 3798