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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
“Step 1,” “Step 2,” “Step 3,” “Step 3.1,” “Step 3.2,” “Step 3.3,” “Step 3.4,” “Step 4,” “Step 5,” and “Step 6,” are not present in Figure 1, disclosed in 0068-0113 of the Specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
The limitations pertaining to step 3.1 to step 3.4 should be corrected to indicate they are sub steps of step 3, as shown in Figure 1, as opposed to distinct steps. Wherein the objection may be corrected by incorporating the limitation, prior to step 3.1, of “wherein step 3 comprises the sub steps:”.
Appropriate correction is required.
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 1-18 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.
Regarding claim 1, the limitations pertaining to the term “probe algorithm,” are indefinite because the “probe algorithm” is not defined by the claim, the specification does not provide a standard for ascertaining the “probe algorithm,” and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, the “probe algorithm” is interpreted as a “search algorithm.”
Regarding claim 2-9, it/they is/are rejected under 112b for inheriting and failing to cure the deficiencies of the parent claim 1.
As per claim(s) 10, arguments made in rejecting claim(s) 1 are analogous.
Regarding claim 11-18, it/they is/are rejected under 112b for inheriting and failing to cure the deficiencies of the parent claim 10.
Regarding claim 2, the limitations pertaining to the term “tl_fl3d_tra_dynaVIEWS_spair_1+6", are indefinite because the “tl_fl3d_tra_dynaVIEWS_spair_1+6” is not defined by the claim, the specification does not provide a standard for ascertaining the “tl_fl3d_tra_dynaVIEWS_spair_1+6", and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination, the “tl_fl3d_tra_dynaVIEWS_spair_1+6” is interpreted as data pertaining to a chest MRI image set.
As per claim(s) 11, arguments made in rejecting claim(s) 2 are analogous.
Allowable Subject Matter
Claims 1-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 1-18, in addition to other limitations in the claims the Prior Art of Record fails to teach, disclose or render obvious the applicant’s invention as claimed, in particular the Claim 1 limitations:
“step 4: processing, by means of an optimized three-dimensional non-maximum suppression algorithm, the three-dimensional image with the breast skin region removed, so as to make a contour of a mammary gland tissue clearer;”
“step 5: implementing, in six directions comprising positive and negative directions of an X-axis, positive and negative directions of a Y-axis, and positive and negative directions of a Z-axis, the probe algorithm on the three-dimensional image subjected to non-maximum suppression, recording all detected edge points to obtain a complete three-dimensional contour of the mammary gland, filling the mammary gland region according to the contour of the mammary gland, and calculating a total number of voxels occupied by the filling to obtain a voxel volume of the mammary gland structure;”
Nie et al. (Development of a quantitative method for analysis of breast density based on three-dimensional breast MRI) discloses:
A method for automatically estimating a mammary gland volume based on a mammary gland magnetic resonance imaging (MRI) image, comprising the following steps: reading three-dimensional image data of a chest MRI image (Nie et al.: Abstract);
cutting the three-dimensional chest MRI image according to prior knowledge to extract a left chest region and a right chest region; removing a breast skin region in the three-dimensional image of the breast by means of an image processing algorithm (Nie et al.: Section: Overall Analysis Scheme);
wherein the removing of breast skin region comprises: marking points on an edge of breast skin by means of a search algorithm; obtaining a gradient magnitude and direction of a position of each pixel in a two-dimensional image; making a mask map based on the points on an edge surface of the breast skin detected, and removing, based on the gradients obtained, the breast skin region in the three-dimensional image by means of the mask map (Nie et al.: Section: Skin exclusion); and
calculating a final mammary gland volume (Nie et al.: Section: Skin exclusion).
However, Nie et al. does not disclose the limitations:
step 1: reading three-dimensional image data of a chest MRI image in digital imaging and communications in medicine (DICOM) format;
performing Gaussian blur processing on a three-dimensional image of a single breast;
step 3.2: calculating partial derivatives of each three-dimensional image of left and right breasts in an X-axis direction, a Y-axis direction, and a Z-axis direction by means of a difference operator, and obtaining a gradient magnitude and direction of a position of each voxel in the three-dimensional image;
step 3.4: removing, based on a gradient image obtained in step 3.2, the breast skin region in the three-dimensional image by means of the mask map obtained in step 3.3;
step 4: processing, by means of an optimized three-dimensional non-maximum suppression algorithm, the three-dimensional image with the breast skin region removed, so as to make a contour of a mammary gland tissue clearer;
step 5: implementing, in six directions comprising positive and negative directions of an X-axis, positive and negative directions of a Y-axis, and positive and negative directions of a Z-axis, the probe algorithm on the three-dimensional image subjected to non-maximum suppression, recording all detected edge points to obtain a complete three-dimensional contour of the mammary gland, filling the mammary gland region according to the contour of the mammary gland, and calculating a total number of voxels occupied by the filling to obtain a voxel volume of the mammary gland structure; and
step 6: calculating a final mammary gland volume according to the voxel volume calculated in step 5 and a voxel spacing.
Goodburn et al. (An automated approach for the optimized estimation of breast density with Dixon methods) discloses:
A method for correcting scaling between Dixon water/fat MRI images used in breast density assessments (Goodburn et al.: Abstract). Wherein the images were smoothed, 3D masks were generated for each breast, and morphological image processing was applied to smooth and remove islands/holes (opening/closing) from the mask and exclude skin/chest-wall (erosion) in order to generate a final mammary gland volume (Goodburn et al.: Section: Breast-Mask construction). In addition, an image intensity spatial gradient, consisting of the MRI’s image’s gradients in the x, y, and z dimensions, is calculated for each mask (Goodburn et al.: Section: Data Correction).
However, Nie et al. and Goodburn et al. do not disclose the limitations:
step 1: reading three-dimensional image data of a chest MRI image in digital imaging and communications in medicine (DICOM) format;
performing Gaussian blur processing on a three-dimensional image of a single breast;
step 3.2: calculating partial derivatives of each three-dimensional image of left and right breasts in an X-axis direction, a Y-axis direction, and a Z-axis direction by means of a difference operator, and obtaining a gradient magnitude and direction of a position of each voxel in the three-dimensional image;
step 3.4: removing, based on a gradient image obtained in step 3.2, the breast skin region in the three-dimensional image by means of the mask map obtained in step 3.3;
step 4: processing, by means of an optimized three-dimensional non-maximum suppression algorithm, the three-dimensional image with the breast skin region removed, so as to make a contour of a mammary gland tissue clearer;
step 5: implementing, in six directions comprising positive and negative directions of an X-axis, positive and negative directions of a Y-axis, and positive and negative directions of a Z-axis, the probe algorithm on the three-dimensional image subjected to non-maximum suppression, recording all detected edge points to obtain a complete three-dimensional contour of the mammary gland, filling the mammary gland region according to the contour of the mammary gland, and calculating a total number of voxels occupied by the filling to obtain a voxel volume of the mammary gland structure; and
step 6: calculating a final mammary gland volume according to the voxel volume calculated in step 5 and a voxel spacing.
Gu et al. (CN112184728A) discloses:
A method for segmenting breast blood vessels in an MRI image (Gu et al.: 0008). Wherein the method comprises: reading three-dimensional image data of a chest MRI image in digital imaging and communications in medicine (DICOM) format (Gu et al.: 0011 & 0040), performing Gaussian blur processing on a cross-sectional maximum projection intensity (Gu et al.: 0012), using a region growing algorithm to obtain a breast segmentation image (Gu et al.: 0013), performing grayscale integral projection on the segmented image to extract the skin region on the surface of the breast, and subtracting the extracted skin region from the segmented image (Gu et al.: 0014).
However, Nie et al., Goodburn et al., and Gu et al. do not disclose the limitations:
performing Gaussian blur processing on a three-dimensional image of a single breast;
step 3.2: calculating partial derivatives of each three-dimensional image of left and right breasts in an X-axis direction, a Y-axis direction, and a Z-axis direction by means of a difference operator, and obtaining a gradient magnitude and direction of a position of each voxel in the three-dimensional image;
step 3.4: removing, based on a gradient image obtained in step 3.2, the breast skin region in the three-dimensional image by means of the mask map obtained in step 3.3;
step 4: processing, by means of an optimized three-dimensional non-maximum suppression algorithm, the three-dimensional image with the breast skin region removed, so as to make a contour of a mammary gland tissue clearer;
step 5: implementing, in six directions comprising positive and negative directions of an X-axis, positive and negative directions of a Y-axis, and positive and negative directions of a Z-axis, the probe algorithm on the three-dimensional image subjected to non-maximum suppression, recording all detected edge points to obtain a complete three-dimensional contour of the mammary gland, filling the mammary gland region according to the contour of the mammary gland, and calculating a total number of voxels occupied by the filling to obtain a voxel volume of the mammary gland structure; and
step 6: calculating a final mammary gland volume according to the voxel volume calculated in step 5 and a voxel spacing.
Therefore, claim 1 is allowable.
Regarding claims 2-9, the claims are allowable due to their dependence on parent claim 1.
As per claim 10, reasons made in indicating that claim 1 is allowable are analogous.
Regarding claims 11-18, the claims are allowed due to their dependence on parent claim 10.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY J RODRIGUEZ whose telephone number is (703)756-5821. The examiner can normally be reached Monday-Friday 10am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sumati Lefkowitz can be reached at (571) 272-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY J RODRIGUEZ/Examiner, Art Unit 2672
/SUMATI LEFKOWITZ/Supervisory Patent Examiner, Art Unit 2672