DETAILED ACTION
This office action is in response to the communication received on March 9, 2026 concerning application No. 18/667,989 filed on May 17, 2024.
Claims 1-2, 4-13, and 15-20 are currently pending.
Claims 8-10 and 17-19 are withdrawn.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 9, 2026 has been entered.
Response to Arguments
In response to applicant’s arguments on pg. 8 regarding the response to amendments previously noted by examiner. Examiner notes that there was no objection set forth in the previous office action. Examiner was noting that claim 12 filed on 12/8/2025 included deletions (“by the processor” was deleted in multiple lines), that did not include strikethroughs when compared to the claims originally filed on 5/17/2024. The amendments were previously entered and examined in the previous office action.
Applicant's arguments filed 03/09/2026 regarding the 35 USC 112 rejection have been fully considered. The amendments to the claims have been entered and overcome the 35 USC 112a rejection of claims 1, 7, and 12 previously set forth.
Applicant’s arguments with respect to claim(s) 1, 7, and 12 regarding the newly filed claim amendments on pgs. 11-13 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.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 62/502,859, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Specifically provisional Application No. 62/502,859 does not specifically disclose the limitations of claims 1, 7, and 12 regarding the determining of a second offset of the first plurality of frames based at least in part on the second plurality of frames and applying the second offset to ones of the first plurality of frames to generate a second offset series of IVUS frames. Therefore the priority date for the claims is May 16, 2024.
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.
Claim(s) 1-2, 4-7, 11-13, 15-16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable by Li et al. (US 20240346670, hereinafter Li) in view of Huennekens et al. (US 20070038061, hereinafter Huennekens).
Regarding claim 1, Li teaches an apparatus (system 100 in fig. 1) for an intravascular imaging system ([0015] discloses the system is used for an intravascular imaging device), comprising:
a display ([0043] display 118);
a processor coupled to the display ([0043] the electronic circuitry of computing device 112 in fig. 1); and
a memory device coupled to the processor (fig. 1 shows a memory 114 coupled with the computing device), the memory device comprising instructions executable by the processor ([0023] discloses instructions 115 stored in the memory an executable by the processor), which instructions when executed by the processor cause the intravascular imaging system to:
receive a first series of intravascular ultrasound (IVUS) images of a vessel of a patient, the first series of IVUS images comprising a first plurality of frames ([0063] discloses receiving a first set of intravascular data including intravascular images (plurality of frames) at step 630);
receive a second series of intravascular ultrasound (IVUS) images of the vessel of the patient, the second series of IVUS images comprising a second plurality of frames ([0065] discloses receiving a second set of intravascular data which includes intravascular images (plurality of frames) at step 650);
determine a first offset for the first plurality of frames based at least in part on the second plurality of frames ([0068] discloses determining a difference (offset) between the position of the first plurality of frames and the second plurality of frames. Also see [0041]);
apply the first offset to ones of the first plurality of frames to generate a first offset series of IVUS images ([0068] discloses aligning the first frames and the second frames using the difference (offset) thereby generating an offset series of IVUS images);
generate a graphical user interface (GUI) ([0044] GUI of display 118 in fig. 1), the GUI comprising indications of the first offset series of IVUS images and the second series of IVUS images (fig. 1 and fig. 5 show the GUI comprising indications of the offset series and the second series. [[0068] further discloses the offset images are being displayed in order for the first and second series of images to be aligned on the display); and display the GUI on the display (fig. 1 shows the GUI being displayed).
Li does not specifically teach determining a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images; and generate a graphical user interface comprising indications of the second offset series of IVUS images.
However,
Huennekens in a similar field of endeavor teaches determining a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images ([0049]-[0050] discloses generating best angular fit for each of the IVUS frames generated during the pullback of the IVUS catheter. The determined angular fit for a first frame is considered a first offset for a first subset and the determined angular fit for a second frame is considered a second offset that is determined for a second subset that is different than the first subset. Each of the IVUS frames are then rotated based on the angular fit determined for each specific frame, thereby generating offset series of IVUS images); and generate a graphical user interface comprising indications of the second offset series of IVUS images ([0050] and fig. 20 disclose a generate graphical user interface that indicate the determined offset for the second offset series of IVUS images).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the intravascular imaging system disclosed by Li to have determined a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images; and generate a graphical user interface comprising indications of the second offset series of IVUS images in order to generate the best fit for all of the frames, thereby improving the quality of alignment, as recognized by Huennekens ([0030]).
Regarding claim 7, Li teaches at least one non-transitory computer readable medium, comprising a plurality of instructions ([0024]-[0025] discloses the instructions 115 are machine code that are executed by the processor) that in response to being executed by a processor of an intravascular ultrasound (IVUS) imaging system cause the processor to:
receive a first series of intravascular ultrasound (IVUS) images of a vessel of a patient, the first series of IVUS images comprising a first plurality of frames ([0063] discloses receiving a first set of intravascular data including intravascular images (plurality of frames) at step 630);
receive a second series of intravascular ultrasound (IVUS) images of the vessel of the patient, the second series of IVUS images comprising a second plurality of frames ([0065] discloses receiving a second set of intravascular data which includes intravascular images (plurality of frames) at step 650);
determine a first offset for the first plurality of frames based at least in part on the second plurality of frames ([0068] discloses determining a difference (offset) between the position of the first plurality of frames and the second plurality of frames. Also see [0041]);
apply the first offset to ones of the first plurality of frames to generate a first offset series of IVUS images ([0068] discloses aligning the first frames and the second frames using the difference (offset) thereby generating an offset series of IVUS images);
generate a graphical user interface (GUI) ([0044] GUI of display 118 in fig. 1), the GUI comprising indications of the first offset series of IVUS images and the second series of IVUS images (fig. 1 and fig. 5 show the GUI comprising indications of the offset series and the second series. [[0068] further discloses the offset images are being displayed in order for the first and second series of images to be aligned on the display); and display the GUI on the display (fig. 1 shows the GUI being displayed).
Li does not specifically teach determining a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images; and generate a graphical user interface comprising indications of the second offset series of IVUS images.
However,
Huennekens in a similar field of endeavor teaches determining a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images ([0049]-[0050] discloses generating best angular fit for each of the IVUS frames generated during the pullback of the IVUS catheter. The determined angular fit for a first frame is considered a first offset for a first subset and the determined angular fit for a second frame is considered a second offset that is determined for a second subset that is different than the first subset. Each of the IVUS frames are then rotated based on the angular fit determined for each specific frame, thereby generating offset series of IVUS images); and generate a graphical user interface comprising indications of the second offset series of IVUS images ([0050] and fig. 20 disclose a generate graphical user interface that indicate the determined offset for the second offset series of IVUS images).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the processor disclosed by Li to have determined a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images; and generate a graphical user interface comprising indications of the second offset series of IVUS images in order to generate the best fit for all of the frames, thereby improving the quality of alignment, as recognized by Huennekens ([0030]).
Regarding claim 12, Li teaches a method ([0060] the method shown in fig. 6) for a computing device, comprising:
receiving, by a processor, a first series of intravascular ultrasound (IVUS) images of a vessel of a patient, the first series of IVUS images comprising a first plurality of frames ([0063] discloses receiving a first set of intravascular data including intravascular images (plurality of frames) at step 630);
receiving, by the processor, a second series of intravascular ultrasound (IVUS) images of the vessel of the patient, the second series of IVUS images comprising a second plurality of frames ([0065] discloses receiving a second set of intravascular data which includes intravascular images (plurality of frames) at step 650);
determining, by the processor, a first offset for the first plurality of frames based at least in part on the second plurality of frames ([0068] discloses determining a difference (offset) between the position of the first plurality of frames and the second plurality of frames. Also see [0041]);
applying, by the processor, the first offset to ones of the first plurality of frames to generate an offset series of IVUS images ([0068] discloses aligning the first frames and the second frames using the difference (offset) thereby generating an offset series of IVUS images);
generating, by the processor, a graphical user interface (GUI) ([0044] GUI of display 118 in fig. 1), the GUI comprising indications of the offset series of IVUS images and the second series of IVUS images (fig. 1 and fig. 5 show the GUI comprising indications of the offset series and the second series. [[0068] further discloses the offset images are being displayed in order for the first and second series of images to be aligned on the display); and display the GUI on a display of the computing device (fig. 1 shows the GUI being displayed).
Li does not specifically teach determining a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images; and generate a graphical user interface comprising indications of the second offset series of IVUS images.
However,
Huennekens in a similar field of endeavor teaches determining a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images ([0049]-[0050] discloses generating best angular fit for each of the IVUS frames generated during the pullback of the IVUS catheter. The determined angular fit for a first frame is considered a first offset for a first subset and the determined angular fit for a second frame is considered a second offset that is determined for a second subset that is different than the first subset. Each of the IVUS frames are then rotated based on the angular fit determined for each specific frame, thereby generating offset series of IVUS images); and generate a graphical user interface comprising indications of the second offset series of IVUS images ([0050] and fig. 20 disclose a generate graphical user interface that indicate the determined offset for the second offset series of IVUS images).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the computing device disclosed by Li to have determined a first offset for a first subset of the first plurality of frames; apply the first offset to ones of the first subset; determine a second offset for a second subset of the first plurality of frames based at least in part on the second plurality of frames, wherein the first subset comprises different ones of the first plurality of frames than the second subset; apply the second offset to ones of the second subset of the first plurality of frames to generate a second offset series of IVUS images; and generate a graphical user interface comprising indications of the second offset series of IVUS images in order to generate the best fit for all of the frames, thereby improving the quality of alignment, as recognized by Huennekens ([0030]).
Regarding claims 2 and 13, Li in view of Huennekens teaches the apparatus of claim 1 and method of claim 12, as set forth above. Li further teaches the instructions further cause the intravascular imaging system to:
identify a frame of the first plurality of frames comprising a vessel fiducial ([0050] discloses identifying a proximal point (vessel fiducial) using a wire mask image frame of the image frame of the first pullback);
identify a frame of the second plurality of frames comprising the vessel fiducial ([0055] discloses identifying a proximal point (vessel fiducial) using a wire mask image frame of the image frame of the second pullback); and
determine at least one of the first offset and the second offset that when applied aligns the frame of the first plurality of frames comprising the vessel fiducial with the frame of the second plurality of frames comprising the vessel fiducial ([0068] discloses determining a difference (offset) between the position of the first proximal point and the second proximal point and aligning the frames using the difference (offset)).
Regarding claims 4 and 15, Li in view of Huennekens teaches the apparatus of claim 1 and method of claim 12, as set forth above. Li further teaches the first offset comprises an offset distance or an offset angle ([0065]-[0068] discloses the offset is a distance). Huennekens further teaches the second offset comprises an offset distance and an offset angle ([0050] discloses the offset comprises an offset angle. [0046] discloses the offset comprises an offset distance).
Regarding claims 5 and 16, Li in view of Huennekens teaches the apparatus of claim 2 and method of claim 13, as set forth above. Li further teaches the instructions further cause the intravascular imaging system to: execute a machine learning (ML) model to infer the frame of the first plurality of frames comprising the vessel fiducial; and execute the ML model to infer the frame of the second plurality of frames comprising the vessel fiducial ([0048] discloses the wire mask module uses machine learning techniques to identify the location of the proximal point. Therefore the machine learning infers the frame of the plurality of frames comprising the proximal point (vessel fiducial)).
Regarding claim 6, Li in view of Huennekens teaches the apparatus of claim 5, as set forth above. Li further teaches the vessel fiducial is one of a lumen geometry, a vessel geometry, a side branch location, a calcium morphology, a plaque distribution, or a guide catheter position ([0050] and [0055] discloses identifying a proximal point (vessel fiducial) of the catheter. Therefore the vessel fiducial is a guide catheter position).
Regarding claims 11 and 20, Li in view of Huennekens teaches the non-transitory computer-readable medium of claim 7 and the method of claim 12, as set forth above. Li further teaches the first offset for the first plurality of frames is a distance offset, an angle offset, or a distance and an angle offset ([0068] discloses determining a difference (offset) in the distance between the position of the first plurality of frames and the second plurality of frames. Therefore the offset is a distance offset).
Huennekens further teaches the second offset comprises an angle offset ([0049]-[0050] discloses the offset is an angular offset).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW BEGEMAN whose telephone number is (571)272-4744. The examiner can normally be reached Monday-Thursday 8:30-5:00.
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/ANDREW W BEGEMAN/Examiner, Art Unit 3798
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