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 .
Status of Claims
This communication is in response to the remarks and amendments filed 07/08/2026. Claims 1-18 are pending.
Claim Objections
Claim(s) 1, 11 and 12 are objected to because of the following informalities:
Claim 1 at line 2 should recite, in part, “processing circuitry configured to:” to avoid typographical errors.
Claim 11 at line 3 should recite, in part, “processing circuitry configured to:” to avoid typographical errors.
Claim 12 at line 5 should recite, in part, “processing circuitry is further configured to:” to avoid typographical errors.
Appropriate correction is required.
Response to Remarks
Applicant’s arguments with respect to independent claims 1, 11 and 13 have been carefully and respectfully considered but are not persuasive. Accordingly, this action has been made FINAL.
Claim Rejections - 35 USC § 102 and/or 103
On page 9 of the remarks filed 07/08/2026, Applicant argues Matsumaru et al. fails to disclose “processing circuitry configured to obtain activity position data related to positions of a plurality of activity regions that bring a site of an examined subject into an activity” as recited in claim 1.
Examiner respectfully disagrees. Matsumaru is clear in teaching “activity position data”, specifically shown at paragraph [0023] which states “[m]ore specifically, the image acquisition machine IM acquires, as information of inside of a biological body, an image (a first image) indicating biological tissue that generates an electric signal and a blood vessel image (a second image) indicating blood vessels in or near the biological tissue”. That is, Matsumaru discloses biological tissue which generates an electrical signal, indicating an “activity” region. Additionally, a plurality of activity regions is also taught by Matsumaru at paragraph [0026] which states “when the position identification mode is ON, the terminal 2 to display a brain tissue image BI and a blood vessel image VI in parallel to each other. At this time, the server 1 receives identification of a site (hereinafter referred to as a first site DP.) that is a target from which an electric signal is to be detected in the brain tissue”. That is, the identification of a site includes that of the biological tissue that generates an electric signal and its position (e.g., activity position data).
Examiner notes that the use of electrical signal of a biological tissue’s position is fundamentally needed for the placement of a device capable of detecting brain activity/waves. As shown in paragraphs [0028] and [0065] of Matsumaru, respectively:
“at least one electrode for detecting activity in a part of the biological tissue, which is positioned near and outside the blood vessel. The intravascular device is fixed at a predetermined position in a blood vessel to make it possible to stably measure brain waves. Furthermore, since the intravascular device is inserted into an extremely thin blood vessel, identification of a position of placement in the tissue is important in medical practices”
“Associating the brain tissue and a blood vessel with each other to indicate a second site in the blood vessel, which corresponds to a first site in the brain tissue, makes it possible to allow a medical doctor to easily understand a site at which the intravascular electrode is to be disposed to properly sense electrical activity in biological tissue that generates an electric signal”
In this manner, Matsumaru teaches the limitations of “processing circuitry configured to obtain activity position data related to positions of a plurality of activity regions that bring a site of an examined subject into an activity” as claimed in claim 1.
Independent claims 11 and 13 recite limitations analogous to the limitations recited in claim 1. Accordingly, the reasons stated above apply to claims 11 and 13, respectively.
Therefore, the argued limitations were written broad such that they read upon the cited references or are shown explicitly by the references. As a result, the claims stand rejected as follows.
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.
Claim(s) 1-4, 9-10, 13 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Matsumaru et al. (US 20250000438 A1).
Regarding claim 1, Matsumaru discloses a medical image processing apparatus comprising: processing circuitry configured to (“CPU 11” Matsumaru, [0041], Fig. 4)
obtain activity position data related to positions of a plurality of activity regions that bring a site of an examined subject into an activity (“identification of a site (hereinafter referred to as a first site DP.) that is a target from which an electric signal is to be detected in the brain tissue... a site corresponding to the first site DP described above, that is, a site (hereinafter referred to as a second site CP.) that is suitable for a device to be disposed in the blood vessel, among the blood vessels, to detect an electric signal from the first site DP” Matsumaru, [0026]; [0023]) and a blood vessel image rendering a three-dimensional blood vessel related to the plurality of activity regions (“brain tissue image BI and a blood vessel image VI are three-dimensional images” Matsumaru, [0061]);
perform a registration between the activity position data and the blood vessel image (“the piece of data of the brain tissue and the piece of data of the blood vessels to be overlapped with each other to generate a synthesized image FI” Matsumaru, [0061]; i.e., the piece of data of the brain tissue, here referred to as brain tissue image BI, includes brain activity area such that “the brain tissue image BI is an image acquired by utilizing a nuclear magnetic resonance phenomenon” and indicates “biological tissue that generates an electric signal and a blood vessel image” Matsumaru, [0023]-[0024]);
calculate a positional relationship between at least one of the plurality of activity regions and the blood vessel, based on a result of the registration (“when a brain tissue image BI and a blood vessel image VI are three-dimensional images, the association unit 34 may associate the brain tissue image BI and the blood vessel image VI with each other in positional relationship based on their positions of centers of gravity and cross-sectional directions, respectively” Matsumaru, [0046]); and
cause a display to display (“the server 1 performs two types of display in accordance with a setting of a position identification mode (a predetermined mode)... display the brain tissue image BI and the blood vessel image VI in an overlapped manner (in a synthesized manner), as a synthesized image FI (a third image)” Matsumaru, [0026]), based on the positional relationship, information about positioning a device capable of receiving (“the brain tissue image BI and the blood vessel image VI or the synthesized image FI displayed on the terminal 2 to confirm a position (a position in the blood vessel) in which an intravascular device (not illustrated, an epilepsy diagnosis device) is to be disposed” Matsumaru, [0027]), within the blood vessel of the examined subject, electrical signals from the activity regions (“The intravascular device is inserted into a brain blood vessel via a catheter used for a medical operation in the brain blood vessel. The intravascular device is disposed in a blood vessel in an organism, and includes at least one electrode for detecting activity in a part of the biological tissue, which is positioned near and outside the blood vessel. The intravascular device is fixed at a predetermined position in a blood vessel to make it possible to stably measure brain waves.” Matsumaru, [0028]).
Regarding claim 2, Matsumaru discloses the medical image processing apparatus according to claim 1, wherein the processing circuitry is further configured to cause the display to display the activity position data and the information about the positioning of the device so as to be superimposed on the blood vessel image (“an angio image AI (a real-time image and a fourth image) acquired with a blood vessel contrast-imaging examination AM (angiography) to be displayed on the display unit of the terminal 2 or another display machine (for example, an external display machine 3 illustrated in FIG. 1), refers to the angio image AI, and delivers the intravascular device into the brain blood vessel in the patient PT. Specifically, the medical doctor DC disposes the intravascular device at the second site CP displayed on the terminal 2, uses the intravascular device that is placed, and performs detection of an electric signal from the first site DP... the angio image AI is an image indicating a position of an intravascular device together with blood streams. For example, a position indicated by a symbol VD in the angio image AI illustrated in FIG. 1 represents a current position (for example, a position of a tip) of the intravascular device in the blood vessel” Matsumaru, [0027]; Fig. 1 “VD”).
Regarding claim 3, Matsumaru discloses the medical image processing apparatus according to claim 2, wherein, based on the result of the registration, the processing circuitry is further configured to calculate a shortest distance between one of the plurality of activity regions and the blood vessel, as the positional relationship (“The position identification unit 33 (an identification unit) identifies a second site CP corresponding to the first site DP described above on the blood vessel image VI. Note herein that a first site DP is a site in the brain tissue, and a second site CP is a site corresponding to the first site DP in a blood vessel (a stream). It is desirable that a second site CP be a site in a blood stream, which lies at a shortest distance (for example, an Euclidean distance) to the first site DP in the brain tissue... when a brain tissue image BI and a blood vessel image VI are three-dimensional images, for example, the position identification unit 33 may perform matching in positional relationship between the brain tissue image BI and the blood vessel image VI based on their positions of centers of gravity and cross-sectional directions, respectively, to identify a second site CP corresponding to a first site DP” Matsumaru, [0044]).
Regarding claim 4, Matsumaru discloses the medical image processing apparatus according to claim 2, wherein the processing circuitry is further configured to calculate a center-of-gravity position of activity amounts in the plurality of activity regions, based on an activity amount of each of a plurality of voxels in each of the plurality of activity regions, and the processing circuitry is further configured to calculate a shortest distance between the center-of-gravity position and the blood vessel as the positional relationship, based on the result of the registration (“It is desirable that a second site CP be a site in a blood stream, which lies at a shortest distance (for example, an Euclidean distance) to the first site DP in the brain tissue... when a brain tissue image BI and a blood vessel image VI are three-dimensional images, for example, the position identification unit 33 may perform matching in positional relationship between the brain tissue image BI and the blood vessel image VI based on their positions of centers of gravity and cross-sectional directions, respectively, to identify a second site CP corresponding to a first site DP” Matsumaru, [0044]).
Regarding claim 9, Matsumaru discloses the medical image processing apparatus according to claim 1, wherein information about the device includes a target position indicating a target for positioning the device in relation to the receiving of the electrical signal (“identification of a site (hereinafter referred to as a first site DP.) that is a target from which an electric signal is to be detected in the brain tissue. Then, the server 1 identifies a site corresponding to the first site DP described above, that is, a site (hereinafter referred to as a second site CP.) that is suitable for a device to be disposed in the blood vessel, among the blood vessels, to detect an electric signal from the first site DP” Matsumaru, [0026]), and as being triggered by the device reaching the target position, the processing circuitry is further configured to cause the display to notify that the device has reached the target position (“when one or more events such as when an intravascular device has approached, reached, and passed a second site are detected based on information indicating a second site and information of an angio image, the detection may be notified (displayed) in a real-time manner” Matsumaru, [0070]).
Regarding claim 10, Matsumaru discloses the medical image processing apparatus according to claim 1, wherein the device is a stent having an electrode configured to receive the electrical signal occurring in the activity regions (“the intravascular electrode senses an electric signal generated in biological tissue (measures brain waves)” Matsumaru, [0073]; [0004]).
Regarding claim 13, Matsumaru discloses a medical image processing method, comprising:
obtaining activity position data related to positions of a plurality of activity regions that bring a site of an examined subject into an activity (“identification of a site (hereinafter referred to as a first site DP.) that is a target from which an electric signal is to be detected in the brain tissue... a site corresponding to the first site DP described above, that is, a site (hereinafter referred to as a second site CP.) that is suitable for a device to be disposed in the blood vessel, among the blood vessels, to detect an electric signal from the first site DP” Matsumaru, [0026]; [0023]) and a blood vessel image rendering a three-dimensional blood vessel related to the plurality of activity regions (“brain tissue image BI and a blood vessel image VI are three-dimensional images” Matsumaru, [0061]);
performing a registration between the activity position data and the blood vessel image (“the piece of data of the brain tissue and the piece of data of the blood vessels to be overlapped with each other to generate a synthesized image FI” Matsumaru, [0061]; i.e., the piece of data of the brain tissue, here referred to as brain tissue image BI, includes brain activity area such that “the brain tissue image BI is an image acquired by utilizing a nuclear magnetic resonance phenomenon” and indicates “biological tissue that generates an electric signal and a blood vessel image” Matsumaru, [0023]-[0024]);
calculating a positional relationship between at least one of the plurality of activity regions and the blood vessel, based on a result of the registration (“when a brain tissue image BI and a blood vessel image VI are three-dimensional images, the association unit 34 may associate the brain tissue image BI and the blood vessel image VI with each other in positional relationship based on their positions of centers of gravity and cross-sectional directions, respectively” Matsumaru, [0046]); and
displaying (“the server 1 performs two types of display in accordance with a setting of a position identification mode (a predetermined mode)... display the brain tissue image BI and the blood vessel image VI in an overlapped manner (in a synthesized manner), as a synthesized image FI (a third image)” Matsumaru, [0026]), based on the positional relationship, information about positioning a device capable of receiving (“the brain tissue image BI and the blood vessel image VI or the synthesized image FI displayed on the terminal 2 to confirm a position (a position in the blood vessel) in which an intravascular device (not illustrated, an epilepsy diagnosis device) is to be disposed” Matsumaru, [0027]), within the blood vessel of the examined subject, electrical signals from the activity regions (“The intravascular device is inserted into a brain blood vessel via a catheter used for a medical operation in the brain blood vessel. The intravascular device is disposed in a blood vessel in an organism, and includes at least one electrode for detecting activity in a part of the biological tissue, which is positioned near and outside the blood vessel. The intravascular device is fixed at a predetermined position in a blood vessel to make it possible to stably measure brain waves.” Matsumaru, [0028]).
Regarding claim 17, Matsumaru teaches the medical image processing apparatus of claim 1, wherein the processing circuitry is configured to obtain a magnetoencephalogram as the activity position data (“Although, in the present embodiment described above, described is an example where MRI is used to acquire an image of the brain tissue, the present invention is not limited to the example. An image of the brain tissue may be acquired by using computed tomography (CT) or magneto encephalography (MEG)” Matsumaru, [0071], wherein the activity position data is obtained via magnetoencephalography such that “the image acquisition machine IM acquires, as information of inside of a biological body, an image (a first image) indicating biological tissue that generates an electric signal and a blood vessel image (a second image) indicating blood vessels in or near the biological tissue”, see Matsumaru, [0023]).
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.
Claim(s) 5-7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumaru et al. in view of Kono et al. (US 20240221152 A1).
Regarding claim 5, Matsumaru discloses all of the subject matter as described above except for specifically teaching wherein the processing circuitry is further configured to cause the display to display, over the blood vessel rendered in the blood vessel image, the positioning of the device among the information about the positioning of the device, by using mutually-different hues in accordance with distances from a position related to the shortest distance. However, Kono in the same field of endeavor teaches the medical image processing apparatus according to claim 3, wherein the processing circuitry is further configured to cause the display to display, over the blood vessel rendered in the blood vessel image, the positioning of the device among the information about the positioning of the device (“The position, speed, and risk level of the region of interest estimated by the status estimation unit can be displayed on a display device” Kono, [0165]; Fig. 16 blood vessel image with device is shown), by using mutually-different hues in accordance with distances from a position related to the shortest distance (“in FIG. 16 , the position of the estimated region of interest is indicated by a circle, and the further away from the edge of the screen the position is estimated to be, the higher the level of risk is judged to be. In this case, for example, the risk level may be indicated by the color of the circle (for example, green is low risk level and red is high risk level)” Kono, [0165]).
Therefore, it would have been obvious to one of ordinary skill in the art to combine Matsumaru and Kono before the effective filing date of the claimed invention. The motivation for this combination of references would have been to obtain a device that calculates the level of risk from the estimated state and issues a notification to the user according to the level of risk (Kono, [0165]). This motivation for the combination of Matsumaru and Kono is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Regarding claim 6, Matsumaru and Kono disclose the medical image processing apparatus according to claim 5, wherein the processing circuitry is further configured to: calculate a dangerous position having a danger in relation to the positioning of the device, on a basis of structure information of the blood vessel, and cause the display to display, over the blood vessel (“The position, speed, and risk level of the region of interest estimated by the status estimation unit can be displayed on a display device” Kono, [0165]; Fig. 16 blood vessel image with device is shown), the dangerous position by using a hue different from the hues (“the risk level may be indicated by the color of the circle (for example, green is low risk level and red is high risk level)” Kono, [0165]).
Therefore, combining Matsumaru and Kono would meet the claim limitations for the same reasons as previously discussed in claim 5.
Regarding claim 7, Matsumaru and Kono disclose the medical image processing apparatus according to claim 1, wherein the processing circuitry is further configured to: obtain a fluoroscopic image related to the examined subject (“Live is a normal fluoroscopic image, similar to a typical radiograph, which is viewed in real time” Kono, [0173]), and cause the display to display the information about the positioning of the device, together with the fluoroscopic image (“only the blood vessels and devices that are shown by the contrast medium can be seen, and an image that is easy for the surgeon to understand can be obtained” Kono, [0173]; “The position, speed, and risk level of the region of interest estimated by the status estimation unit can be displayed on a display device” Kono, [0165]).
Therefore, combining Matsumaru and Kono would meet the claim limitations for the same reasons as previously discussed in claim 5.
Regarding claim 11, Matsumaru and Kono disclose an X-ray diagnosis apparatus comprising:
an X-ray tube configured to emit X-rays onto an examined subject; and processing circuitry configured to generate a blood vessel image (“the X-ray imaging apparatus 3 is equipped with an X-ray irradiator 30 (a first X-ray irradiator 30a and a second X-ray irradiator 30b) for irradiating test subject P with X-rays, and an X-ray detector 31 for detecting the X-rays emitted by the X-ray irradiator 30” Kono, [0053]; “The images generated from X-rays detected by the X-ray detector 31 include the blood vessels” Kono, [0055]) rendering a three-dimensional blood vessel based on the emission of the X-rays onto the examined subject (“an example where MRI is used to acquire an image of the brain tissue, the present invention is not limited to the example. An image of the brain tissue may be acquired by using computed tomography (CT) or magneto encephalography (MEG)” Matsumaru, [0071]),
obtain activity position data related to positions of a plurality of activity regions that bring a site of the examined subject into an activity (“identification of a site (hereinafter referred to as a first site DP.) that is a target from which an electric signal is to be detected in the brain tissue... a site corresponding to the first site DP described above, that is, a site (hereinafter referred to as a second site CP.) that is suitable for a device to be disposed in the blood vessel, among the blood vessels, to detect an electric signal from the first site DP” Matsumaru, [0026]), and the three-dimensional blood vessel image related to the plurality of activity regions (“brain tissue image BI and a blood vessel image VI are three-dimensional images” Matsumaru, [0061]),
perform a registration between the activity position data and the blood vessel image (“the piece of data of the brain tissue and the piece of data of the blood vessels to be overlapped with each other to generate a synthesized image FI” Matsumaru, [0061]; i.e., the piece of data of the brain tissue, here referred to as brain tissue image BI, includes brain activity area such that “the brain tissue image BI is an image acquired by utilizing a nuclear magnetic resonance phenomenon” and indicates “biological tissue that generates an electric signal and a blood vessel image” Matsumaru, [0023]-[0024]),
calculate a positional relationship between at least one of the plurality of activity regions and the blood vessel, based on a result of the registration (“when a brain tissue image BI and a blood vessel image VI are three-dimensional images, the association unit 34 may associate the brain tissue image BI and the blood vessel image VI with each other in positional relationship based on their positions of centers of gravity and cross-sectional directions, respectively” Matsumaru, [0046]), and
cause a display to display (“the server 1 performs two types of display in accordance with a setting of a position identification mode (a predetermined mode)... display the brain tissue image BI and the blood vessel image VI in an overlapped manner (in a synthesized manner), as a synthesized image FI (a third image)” Matsumaru, [0026]), based on the positional relationship, information about positioning a device capable of receiving (“the brain tissue image BI and the blood vessel image VI or the synthesized image FI displayed on the terminal 2 to confirm a position (a position in the blood vessel) in which an intravascular device (not illustrated, an epilepsy diagnosis device) is to be disposed” Matsumaru, [0027]), within the blood vessel of the examined subject, electrical signals from the activity regions (“The intravascular device is inserted into a brain blood vessel via a catheter used for a medical operation in the brain blood vessel. The intravascular device is disposed in a blood vessel in an organism, and includes at least one electrode for detecting activity in a part of the biological tissue, which is positioned near and outside the blood vessel. The intravascular device is fixed at a predetermined position in a blood vessel to make it possible to stably measure brain waves.” Matsumaru, [0028]).
Therefore, it would have been obvious to one of ordinary skill in the art to combine Matsumaru and Kono before the effective filing date of the claimed invention. The motivation for this combination of references would have been to perform various treatments while displaying the location of a catheter on an X-ray image (Kono, [0002]) in imaging apparatuses for capturing images of a test subject P's surgical site is not limited to the X-ray imaging apparatus 3. Other modalities such as MRI (Magnetic Resonance Imaging) and ultrasonography may also be used to capture images of the surgical site. (Kono, [0198]). This motivation for the combination of Matsumaru and Kono is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Claim(s) 8, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumaru et al. in view of Kono et al. and in further view of Ohishi et al. (US 20030109779 A1).
Regarding claim 8, Matsumaru and Kono teach the medical image processing apparatus according to claim 7, the combination of Matsumaru and Kono as a whole does not expressly disclose wherein the processing circuitry is further configured to: obtain geometric information of an imaging system related to imaging the examined subject; calculate, based on the geometric information related to the fluoroscopic image, a target position indicating a target for positioning the device among the information about the positioning of the device, pursuant to a change in the geometric information of the imaging system; and cause the display to display the target position so as to be superimposed on the fluoroscopic image.
However, Ohishi in the same field of endeavor teaches wherein the processing circuitry is further configured to: obtain geometric information of an imaging system related to imaging the examined subject (“A ROI setting unit 10 is configured to allow the operator to set a region of interest (ROI) on the image displayed on the displaying unit 8” Ohishi, [0036]; [0054]; wherein “An ROI is determined by correcting the radius in consideration of the geometrical magnification of X-rays” Ohishi, [0082]); calculate, based on the geometric information related to the fluoroscopic image (“the operator moves a catheter to a morbid portion under fluoroscopic observation” Ohishi, [0093]), a target position indicating a target for positioning the device among the information about the positioning of the device, pursuant to a change in the geometric information of the imaging system (“the X-ray diagnosis apparatus according to the second embodiment includes a radiography unit 1 for performing radiographic operation... a geometry processing unit 30 for converting image data into a readable image... The geometry processing unit 30 performs linear conversion for enlargement, rotation, movement, and the like” Ohishi, [0087]-[0088]; wherein “An ROI is determined by correcting the radius in consideration of the geometrical magnification of X-rays” Ohishi, [0082]); and cause the display to display the target position so as to be superimposed on the fluoroscopic image (“a contrast agent is injected to radiograph the blood vessel, and the contrast-enhanced image (still image) is displayed to be juxtaposed to the radiographed image (moving image: currently radiographed image) or superimposed thereon” Ohishi, [0093]).
Therefore, it would have been obvious to one of ordinary skill in the art to combine Matsumaru, Kono and Ohishi before the effective filing date of the claimed invention. The motivation for this combination of references would have been to perform corrections when obtaining X-ray diagnosis images including geometric conversions such as enlargement, rotation, movement and the like (Ohishi, [0088]). This motivation for the combination of Matsumaru, Kono and Ohishi is supported by KSR exemplary rationale (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. MPEP 2141 (III).
Regarding claim 12, Matsumaru, Kono and Ohishi disclose the X-ray diagnosis apparatus according to claim 11, wherein the processing circuitry is further configured to obtain a fluoroscopic image generated based on fluoroscopic imaging performed on the examined subject (“Live is a normal fluoroscopic image, similar to a typical radiograph, which is viewed in real time” Kono, [0173]) and geometric information of an imaging system related to imaging the examined subject (“A ROI setting unit 10 is configured to allow the operator to set a region of interest (ROI) on the image displayed on the displaying unit 8” Ohishi, [0036]; [0054]; wherein “An ROI is determined by correcting the radius in consideration of the geometrical magnification of X-rays” Ohishi, [0082]), and the processing circuitry is further configured to calculate, based on the geometric information related to the fluoroscopic image (“the operator moves a catheter to a morbid portion under fluoroscopic observation” Ohishi, [0093]), a target position indicating a target for positioning the device among the information about the positioning of the device, pursuant to a change in the geometric information of the imaging system (“the X-ray diagnosis apparatus according to the second embodiment includes a radiography unit 1 for performing radiographic operation... a geometry processing unit 30 for converting image data into a readable image... The geometry processing unit 30 performs linear conversion for enlargement, rotation, movement, and the like” Ohishi, [0087]-[0088]; wherein “An ROI is determined by correcting the radius in consideration of the geometrical magnification of X-rays” Ohishi, [0082]), and cause the display to display the target position so as to be superimposed on the fluoroscopic image (“a contrast agent is injected to radiograph the blood vessel, and the contrast-enhanced image (still image) is displayed to be juxtaposed to the radiographed image (moving image: currently radiographed image) or superimposed thereon” Ohishi, [0093]).
Therefore, combining Matsumaru, Kono and Ohishi would meet the claim limitations for the same reasons as previously discussed in claim 8.
Regarding claim 14, Matsumaru, Kono and Ohishi disclose the medical image processing method according to claim 13, further comprising: obtaining a fluoroscopic image generated based on fluoroscopic imaging performed on the examined subject (“Live is a normal fluoroscopic image, similar to a typical radiograph, which is viewed in real time” Kono, [0173]) and geometric information of an imaging system related to imaging the examined subject (“A ROI setting unit 10 is configured to allow the operator to set a region of interest (ROI) on the image displayed on the displaying unit 8” Ohishi, [0036]; [0054]; wherein “An ROI is determined by correcting the radius in consideration of the geometrical magnification of X-rays” Ohishi, [0082]); calculating, based on the geometric information related to the fluoroscopic image (“the operator moves a catheter to a morbid portion under fluoroscopic observation” Ohishi, [0093]), a target position indicating a target for positioning the device among the information about the positioning of the device, pursuant to a change in the geometric information of the imaging system (“the X-ray diagnosis apparatus according to the second embodiment includes a radiography unit 1 for performing radiographic operation... a geometry processing unit 30 for converting image data into a readable image... The geometry processing unit 30 performs linear conversion for enlargement, rotation, movement, and the like” Ohishi, [0087]-[0088]; wherein “An ROI is determined by correcting the radius in consideration of the geometrical magnification of X-rays” Ohishi, [0082]); and displaying the target position so as to be superimposed on the fluoroscopic image (“a contrast agent is injected to radiograph the blood vessel, and the contrast-enhanced image (still image) is displayed to be juxtaposed to the radiographed image (moving image: currently radiographed image) or superimposed thereon” Ohishi, [0093]).
Therefore, combining Matsumaru, Kono and Ohishi would meet the claim limitations for the same reasons as previously discussed in claim 8.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumaru et al. in view of Eidelberg (US 20140350380 A1).
Regarding claim 15, Matsumaru teaches the medical image processing apparatus of claim 1, Matsumaru fails to explicitly teach wherein the processing circuitry is configured to obtain a functional Magnetic Resonance Imaging (fMRI) image as the activity position data.
However, Eidelberg explicitly teaches wherein the processing circuitry is configured to obtain a functional Magnetic Resonance Imaging (fMRI) image as the activity position data (“determining, by positron emission tomography or functional magnetic resonance imaging (fMRI) in a subject exhibiting the symptom and being treated with a treatment efficacious for that symptom, functional activity at each of a plurality of coordinates of the subject's brain during at least two different time points” Eidelberg, [0010]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of Matsumaru of having a medical image processing apparatus comprising: processing circuitry configured to obtain activity position data related to positions of a plurality of activity regions that bring a site of an examined subject into an activity and a blood vessel image rendering a three-dimensional blood vessel related to the plurality of activity regions, with the teachings of Eidelberg of having wherein the processing circuitry is configured to obtain a functional Magnetic Resonance Imaging (fMRI) image as the activity position data.
Wherein having Matsumaru’s processing device for use in the diagnosis of epilepsy wherein the processing circuitry is configured to obtain a functional Magnetic Resonance Imaging (fMRI) image as the activity position data.
The motivation behind the modification would have been to obtain a processing device for use in the diagnosis of epilepsy in which electrical activity is measured in blood vessels, since both Matsumaru and Eidelberg are systems that identify brain activity using magnetic resonance imaging (MRI). Wherein Matsumaru system improves on how to select a position in a blood vessel for receiving a signal pertaining to an identified part of brain tissue, while Eidelberg system helps determine functional activity at each of a plurality of predetermined coordinates of the subject's brain so as to determine a pattern of activity. Please see Matsumaru et al. (US 20250000438 A1), Paragraph [0006] and Eidelberg (US 20140350380 A1), Paragraph [0007].
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumaru et al. in view of Tadano et al. (JP 2017012388 A).
Regarding claim 16, Matsumaru teaches the medical image processing apparatus of claim 1, Matsumaru fails to explicitly teach wherein the processing circuitry is configured to obtain a map indicating a distribution of magnitudes of myoelectric potentials as the activity position data.
However, Tadano explicitly teaches wherein the processing circuitry is configured to obtain a map indicating a distribution of magnitudes of myoelectric potentials as the activity position data (“FIG. 9B is a muscle activity amount measuring apparatus 1 of the embodiment on the MRI image” Tadano, pg. 4 last paragraph, i.e., Fig. 9b illustrates a mapping of the distribution of magnitudes of myoelectric potentials; wherein “the distribution of the surface myoelectric potential on the cross section of the forearm is measured” Tadano, pg. 2 last paragraph, which indicates “that the distribution of the surface myoelectric potential RMS value measured on the human forearm and the simulation surface myoelectric potential substantially coincide” Tadano, pg. 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of Matsumaru of having a medical image processing apparatus comprising: processing circuitry configured to obtain activity position data related to positions of a plurality of activity regions that bring a site of an examined subject into an activity and a blood vessel image rendering a three-dimensional blood vessel related to the plurality of activity regions, with the teachings of Tadano of having wherein the processing circuitry is configured to obtain a map indicating a distribution of magnitudes of myoelectric potentials as the activity position data.
Wherein having Matsumaru’s processing device for use in the diagnosis of epilepsy wherein the processing circuitry is configured to obtain a map indicating a distribution of magnitudes of myoelectric potentials as the activity position data.
The motivation behind the modification would have been to obtain a processing device for use in the diagnosis of epilepsy in which electrical activity is measured in blood vessels, since both Matsumaru and Tadano are systems that identify tissue activity using magnetic resonance imaging (MRI). Wherein Matsumaru system improves on how to select a position in a blood vessel for receiving a signal pertaining to an identified part of a tissue, while Tadano system helps estimates the amount of muscle activity amount to an MRI image. Please see Matsumaru et al. (US 20250000438 A1), Paragraph [0006] and Tadano et al. (JP 2017012388 A), Page 2 end of first paragraph.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumaru et al. in view of Yoneyama et al. (US 20190038358 A1).
Regarding claim 18, Matsumaru teaches the medical image processing apparatus of claim 1, Matsumaru fails to explicitly teach wherein the processing circuitry is configured to calculate a target position of the device based on a length of the device in a long-axis direction.
However, Yoneyama explicitly teaches wherein the processing circuitry is configured to calculate a target position of the device based on a length of the device in a long-axis direction (“The control device 103 displays information to specify the implantation range of the stent on the three-dimensional blood vessel image on the basis of the designated implantation start position, the designated implantation direction, and the calculated length LS of the implanted stent” Yoneyama, [0062],[0063]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of Matsumaru of having a medical image processing apparatus comprising: processing circuitry configured to obtain activity position data related to positions of a plurality of activity regions that bring a site of an examined subject into an activity and a blood vessel image rendering a three-dimensional blood vessel related to the plurality of activity regions, with the teachings of Yoneyama of having wherein the processing circuitry is configured to calculate a target position of the device based on a length of the device in a long-axis direction.
Wherein having Matsumaru’s processing device for use in the diagnosis of epilepsy wherein the processing circuitry is configured to calculate a target position of the device based on a length of the device in a long-axis direction.
The motivation behind the modification would have been to obtain a processing device for use in the diagnosis of epilepsy in which electrical activity is measured in blood vessels, since both Matsumaru and Yoneyama are systems that identify positions for implants. Wherein Matsumaru system improves on how to select a position in a blood vessel for receiving a signal pertaining to an identified part of a tissue, while Yoneyama system helps estimate a change in length of a stent in advance when the stent is implanted in the blood vessel of a patient. Please see Matsumaru et al. (US 20250000438 A1), Paragraph [0006] and Yoneyama et al. (US 20190038358 A1), Paragraph [0005].
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/EMMANUEL SILVA-AVINA/Examiner, Art Unit 2673
/CHINEYERE WILLS-BURNS/Supervisory Patent Examiner, Art Unit 2673
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