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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 15, 2025 has been entered.
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.
Claim 17 is 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.
With regards to claim 17, in line 2, it is unclear as to whether the “compressing and stabilizing” is referring to the same “compressing and stabilizing” as set forth in line 3 of claim 1, or is referring to different/additional “compressing and stabilizing”. For examination purposes, Examiner assumes the former.
With regards to claim 17, in line 4, it is unclear as to whether the “a side wall”, “a cavity” or “a top opening” in lines 4-5 are referring to the same “side wall”, “cavity” and “top opening”, respectively, as set forth in lines 3-6 of claim 1 or referring to a different side wall, cavity or top opening. For examination purposes, Examiner assumes either the former or latter.
With regard to claim 17, in line 8, it is unclear as to whether “a compression plate” is referring to the same “compression plate” set forth in line 3 of claim 1 or referring to a different compression plate. For examination purposes, Examiner assumes the former.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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) 1-4, 11 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dederichs et al. (US Pub No. 2019/0090828) in view of Davis et al. (US Pub No. 2016/0166217) and Eberhard et al. (US Pub No. 2003/0194050), as evidenced by Nelson et al. (US Pub No. 2003/0205675).
With regards to claim 1, Dederichs et al. disclose a method of performing a breast cancer detection procedure comprising:
compressing and stabilizing a breast within a cavity using a compression plate (9 or 4, referred to as the “compression units (detector 4 and compression trough 9”), the cavity at least partially defined by a side wall forming a top opening of the cavity (paragraphs [0029], [0042], [0048], referring to the “compression trough 9…arranged on a vertical support element (17)…The compression units (…compression trough 9) are mounted on the support element (17) such that the compression trough 9 can be lowered to compress a breast 8…The detector 4…can also be mounted in a vertically adjustable manner”; paragraphs [0053], [0055], referring to the air cushion (18) arranged to the sides of the breast (8), wherein filling of the chambers of the aid cushion (18) shape and form the chest wall regions, and thus the air cushion (18) forms at least one side wall of the cavity within which the breast is positioned within; paragraph [0060], referring to chambers achieving a height corresponding at least to the distance between the X-ray detector (4) and the compression unit (9) in completely compressed final state, wherein in its final recording position, the breast (8) can be completely surrounded by the chambers of the air cushion (18) and acted upon by the contact surfaces (19) thereof; Figures 2-3, wherein, as depicted in Figures 2-3 [in particular in Fig. 3], the air cushion (18), including the filled chambers (i.e 32, 33, 30, 31) form side walls of the cavity within which the breast is positioned within and further form a top opening of the cavity);
acquiring a mammographic image of the breast within the cavity (paragraphs [0040]-[0041], [0044]-[0045], [0079], referring to the use of the X-ray tube (3) and detector (4) to record x-ray images of the breast; Figures 2-3);
docking an ultrasonic probe (5) onto the compression plate (paragraphs [0040], [0044]-[0046]; [0079], referring to the ultrasound transducer (5) which transmits and receives the ultrasound waves and wherein ultrasound images are recorded; paragraphs [0049]-[0050], referring to the ultrasound transducer being placed to rest/”dock” on the compression surface (16) of the compression trough (9) and is guided over the fabric (11), wherein an ultrasound coupling gel (contact gel) can be applied to the respective compression element “here the fabric 11”, which would thus result in the ultrasound probe (5) being docked upon the fabric/coupling gel; Figure 3);
providing a coupling fluid (paragraph [0050], referring to an ultrasound coupling gel (contact gel) being applied to the respective compression element (11) by means of a dispensing unit; Figures 2-3); and
acquiring an ultrasonic image of the breast (paragraphs [0040], [0044]-[0046]; [0079], referring to the ultrasound transducer (5) which transmits and receives the ultrasound waves and wherein ultrasound images are recorded).
However, though Dederichs et al. does disclose that a coupling fluid can be provided by applying the coupling fluid (i.e. “ultrasound coupling gel”) to the respective compression element (11), wherein the compression element (11) can be fabric or gauze (and therefore porous) (paragraphs [0050], [0054]), Dederichs et al. do not specifically disclose that the cavity is at least partially filled with the coupling fluid.
Further, Dederichs et al. do not specifically disclose that the side wall forming the top opening is a “rigid” side wall, wherein an edge of a bottom surface of the compression plate fits entirely within the top opening for the compressing and stabilizing the breast.
Davis et al. disclose a non-rigid breast compression paddle, wherein the compression paddle (152) has a mesh material (212) forming the primary interface with patient tissue (Abstract; paragraph [0042]; Figures 3-4). An acoustic coupling gel or lotion may be applied, wherein the mesh structure (212) allows passage of the acoustic gel to facilitate acoustic coupling of the probe (160) through paddle (152) and with the breast tissue (paragraph [0041]; Figures 1-4).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the coupling fluid of Dederichs et al. be applied in a sufficient amount such that the coupling fluid passes through the fabric/gauze/mesh material of the compression plate [thereby resulting in the cavity of Dederichs et al. being at least partially filled with the coupling fluid], as taught by Davis et al., in order to effectively facilitate acoustic coupling of the probe through the paddle/compression plate and with the breast tissue (paragraph [0041]).
However, the above combined references do not specifically disclose that the side wall forming the top opening is a “rigid” side wall, wherein an edge of a bottom surface of the compression plate fits entirely within the top opening for the compressing and stabilizing the breast.
Eberhard et al. disclose a multimodality imaging system containing an X-ray imaging subsystem and a nuclear medicine imaging subsystem, as well as a third modality, such as an ultrasound modality (Abstract; paragraph [0038], [0049], [0065]). A nuclear medicine subsystem (5) includes a mammo compression paddle (41), along with two nuclear medicine detectors (82, 83) located on opposite sides of the detection volume (i.e. breast volume) below the breast compression paddle (41) (paragraph [0051]; Figures 9-10, wherein the detectors (82,83), as depicted in Figure 9, forms a top opening of a cavity for the detection volume/breast and further an edge of a bottom surface of the compression plate/paddle (41) fits entirely within the top opening for the compressing and stabilizing the breast). The detectors (82, 83, 84) located on the sides of the breast (i.e., on the sides of the detection volume) provide useful depth information (paragraph [0052]). The detector may be a solid state detector array, such as a semiconductor photodiode or charge coupled device array or a vacuum position sensitive radiation detector, such as a position sensitive photomultiplier tube (paragraph [0041]; note that such radiation detectors would inherently be rigid in order to effectively detect the radiation in a desired position, as evidenced by Nelson et al. (i.e. see paragraph [0003] of Nelson et al., which discloses commercial nuclear medicine detectors being rigid); Figures 9-10).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the cavity of the above combined references be at least partially defined by a “rigid” side wall forming the top opening, wherein an edge of a bottom surface of the compression plate fits entirely within the top opening for the compressing and stabilizing the breast, as taught by Eberhard et al., in order to provide a multi-modality imaging system that further includes a nuclear medicine imaging subsystem, thereby providing further diagnostic information (Abstract;
With regards to claim 2, Dederichs et al. disclose that the method further comprises co-registering the mammographic image and the ultrasonic image (paragraphs [0044], [0046], [0079], referring to the control and computing unit (13) which is used to control the X-ray tube (3) and the detector (4) and to control the ultrasound transducer (5) and used to perform image processing algorithms for the generation of 2D and/or 3D images, wherein compression of the breast (8) is maintained during image recording and between the recording of the x-ray and ultrasound images, and wherein the X-ray images can be superimposed with ultrasound images; in particular, note that paragraph [0079] sets forth that the constant positioning of the breast (8) during the entire examination period makes it easier to correlate/register the image contents of the two modalities (i.e. X-ray and ultrasound) thus simplifying the assignment of suspect regions, and thus it would follow that the generated superimposed X-ray and ultrasound image is based on co-registering of the at least one mammography image and the at least one ultrasound image; Figures 2-3).
With regards to claim 3, Dederichs et al disclose that the method further comprises acquiring ultrasonic images while the probe is canned in one direction along the compressed breast (paragraph [0049], referring to the ultrasound transducer (5) being moved horizontally by means of a guiding and moving unit in the X and/or Y-direction in the plane defined by the compression trough (9); Figure 3).
With regards to claim 4, Dederichs et al. disclose that the method further comprises acquiring ultrasonic images while the ultrasound probe is scanned in two directions (i.e. X and Y directions) along the compressed breast or rotationally around the compressed breast (paragraph [0049], referring to the ultrasound transducer (5) being moved horizontally by means of a guiding and moving unit in the X and/or Y-direction in the plane defined by the compression trough (9); Figure 3).
With regards to claim 11, Dederichs et al. disclose that their method further comprises filling an air gap surrounding the breast after the step of acquiring a mammographic image of the breast and before the step of acquiring an ultrasonic image of the breast (paragraph [0045], referring to recording the first images of the breast with the X-ray tube and detector and “then” recording second images with the aid of the ultrasound transducer, and thus a mammographic image is acquired first and before acquiring an ultrasonic image; paragraph [0047], referring to different x-ray recordings being performed alone and an ultrasound recording can be performed independently of an X-ray recording, and thus the x-ray recording can be performed prior to the ultrasound imaging (which requires application of the gel which fills an air gap); paragraphs [0049]-[0050], referring to the ultrasound transducer being placed to rest/”dock” on the compression surface (16) of the compression trough (9) and is guided over the fabric (11), wherein an ultrasound coupling gel (contact gel) can be applied to the respective compression element “here the fabric 11”, which would thus result in the ultrasound probe (5) being docked upon the fabric/coupling gel such that there would be no air gap between the ultrasound probe and the fabric/coupling gel [note that the coupling gel would ensure no air gap]; Figure 3).
With regards to claim 16, Dederichs et al. disclose that their method further comprises providing a system (1) for compressing and stabilizing the breast (paragraphs [0040]-[0042]; Figures 2-3), acquiring the mammographic image (paragraphs [0046]-[0047], referring to the 2D X-ray images) and acquiring the ultrasonic image (paragraph [0047], referring to the ultrasound recordings), the system comprising: an x-ray device (3,4) configured to generate at least one mammography image (paragraphs [0040]-[0041]; Figures 2-3); and a concavely shaped X-ray imaging screen and supporting table (4, 18) configured to accommodate the patient’s habitus and capture all breast tissues in the image field for generating the at least one mammography image (paragraphs [0048]-[0055]; Figures 2-3).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dederichs et al. in view of Davis et al. and Eberhard et al. [as evidenced by Nelson et al.] as applied to claim 4 above, and further in view of Entrekin et al. (US Patent No. 6,530,885).
With regards to claim 5, as discussed above, the above combined references meet the limitations of claim 4. However, they do not specifically disclose that their method further comprises mathematically compounding images from scanning in the two different directions.
Entrekin et al. disclose that spatial compounding is performed in which ultrasound image data of a given target has been obtained from multiple vantage points or look directions and are combined into a single compounded image by combining the data by linearly or nonlinearly averaging or filtering, wherein the compounded image shows lower speckle and better specular reflector delineation than conventional ultrasound images produced from a single look direction (Abstract; column 1, lines 6-18; column 1, line 66-column 2, line 13; column 9, line 65-column 10, line 8).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the method of the above combined references further comprise mathematically compounding images from scanning in the two different directions, as taught by Entrekin et al., in order to provide an image with lower speckle and better specular reflector delineation than conventional ultrasound images produced from a single look direction (Abstract; column 1, lines 6-18; column 1, line 66-column 2, line 13).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dederichs et al. in view of Davis et al. and Eberhard et al. [as evidenced by Nelson et al.] as applied to claim 1 above, and further in view of Getzinger et al. (US Patent No. 5,640,956).
With regards to claim 6, as discussed above, the above combined references meet the limitaitons of claim 1. However, they do not specifically disclose padding narrow portions of the breast using a low X-ray attenuating acoustic contact material.
Getzinger et al. disclose a sonomammography apparatus (10), wherein a gel pad (30) contacts the frontal area of the patient’s breast to ensure proper transmission of acoustic waves from transducer (19) to the distal-most portion of breast tissue (22) with a minimum of impedance mismatch (Abstract; column 3, lines 35-45; column 4, lines 12-21; Figure 1). Gel pad (30) also provides attenuation of X-ray radiation to reduce overexposure of the tissue near the nipple and outer edges of breast tissue (22) (column 4, lines 16-21, note that such a gel pad that reduces overexposure is a low x-ray attenuation coupling gel pad, wherein the nipple and outer edges of the breast tissue correspond to narrow portions of the breast; Figure 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the method of the above combined references further comprise padding narrow portions of the breast using a low X-ray attenuating acoustic contact material, as taught by Getzinger et al., in order to reduce overexposure of the tissue near the nipple and outer edges of breast tissue (column 4, lines 16-21).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dederichs et al. in view of Davis et al. and Eberhard et al. [as evidenced by Nelson et al.], as applied to claim 1 above, and further in view of Fu et al. (US Pub No. 2006/0002601).
With regards to claim 7, as discussed above, the above combined references meet the limitations of claim 1. However, they do not specifically disclose that their method further comprises reducing ultrasonic images to a planar image by raytracing along the mammographic X-ray direction and applying at least one image processing filter to the ultrasound image pixels.
Fu et al. disclose a method and system for generating a DRR of an anatomical region so that visibility within the DRR of one or more reference structures is enhanced, wherein the 2D DRRs are generated from 3D scan data of a treatment target within an anatomical region of a patient and wherein the 3D scan data can be ultrasound can data (Abstract; paragraph [0062]; Figure 3A). The DRRs (65A, 65B) are artificial, synthesized 2D images that represent the radiographic image of the target that would be obtained if imaging beams (i.e. corresponding to ray casting/ray tracing, see paragraph [0143] and claims 1-2, referring to “casting a plurality of hypothetical rays through the modified 3D scan data from the known intensity, the known origination position and angle” [i.e. raytracing along the X-ray direction]) having the same intensity, position, and angle as the beams used to generate the real time x-ray projection images, were transmitted through the target, and if the target were positioned in accordance with the 3D scan data (paragraph [0062], wherein the “imaging beams” correspond to rays of raytracing along the X-ray direction; Figure 3A, wherein the DRRs are ultimately generated from ultrasound data (see [0062] which sets forth that the 3D data could be US data) and correspond to planar images, and thus the ultrasound data set is reduced to a planar image (see Fig. 3A) and further the DRR represents a simulation of mammographic x-ray attenuation and transmission through the ultrasound images (i.e. 3D data which could be US data)). A filter, such as top hat filtering, is used to increase the visibility of the desired structures in the generated DRRs (paragraphs [0056]-[0057]). Their method provides an improved DRR generation technique, which can increase the contrast and bring out the details of reference structures, thereby ultimately aiding in registration between different image acquisitions (Abstract; paragraphs [0001], [0005]-[0007]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the method of the above combined references to further comprise reducing ultrasonic images to a planar image by raytracing along the mammographic X-ray direction and applying at least one image processing filter to the ultrasound image pixels, as taught by Fu et al., in order to provide an improved DRR generation technique, which can increase the contrast and bring out the details of reference structures, thereby ultimately aiding in registration between different image acquisitions (Abstract; paragraphs [0001], [0005]-[0007]).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dederichs et al. in view of the Davis et al. and Eberhard et al. [as evidenced by Nelson et al.], as applied to claim 1 above, and further in view of Kapur et al. (US Pub No. 2005/0089205).
With regards to claims 9-10, as discussed above, the above combined references meet the limitations of claim 1. However, they do not specifically disclose that their method further comprises identifying one region of interest based on the ultrasound image and displaying the region of interest in the x-ray image. Further, with regards to claim 10, Dedrichs et al. do not specifically disclose that their method further comprises identifying one region of interest based on the x-ray image and displaying the region of interest in the ultrasound image.
Kapur et al. disclose a method for viewing an abnormality in different kinds of images, wherein ultrasound images of an abnormality (152) are obtained and the ultrasound images of the abnormality (152) are superimposed over an X-ray image (158) and displayed on a workstation (154) (Abstract; paragraphs [0056]-[0057]; Figure 11, note that an ROI (152) is thus identified in an ultrasound image and, via the superimposition of the US image with ROI (152) over the X-ray image (158), the region of interest (152) is displayed in the x-ray image (158)). Further, a user may mark a region of interest (160) on X-ray image (158) to encompass an abnormality, wherein the coordinates of the ROI (160) are transferred to a probe mover software that instructs ultrasound probe (18) to relocate to the position on compression paddle (56) that corresponds spatially to the coordinates and an ultrasound scan is performed, thereby resulting in displaying the ROI (160) on the acquired ultrasound image (paragraphs [0055]-[0057]; Figure 11).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the method of the above combined references further comprise identifying one region of interest based on the ultrasound image and displaying the region of interest in the x-ray image [claim 9] and identifying one region of interest based on the x-ray image and displaying the region of interest in the ultrasound image [claim 10], as taught by Kapur et al., in order to be able to view an abnormality in different kinds of images, thus providing increased diagnostic value (Abstract).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dederichs et al. in view of Davis et al. and Eberhard et al. [as evidenced by Nelson et al.], as applied to claim 1 above, and further in view of Dines et al. (US Patent No. 6,574,499).
With regards to claim 12, as discussed above, the above combined references meet the limitations of claim 1. However, they do not specifically disclose acquiring an ultrasonic image of the breast at a frequency ranging 10 Mhz-30 MHz.
Dines et al. disclose a system for generating a three-dimensional image of compressed breast which includes an x-ray mammography unit (24) and an ultrasound probe (32), wherein ultrasound frequencies of 13 MHz can be used to examine patients in the standard craniocaudal compressed breast position and frequencies as high as 20 MHz can be transmitted through appropriately designed polycarbonate compression paddles (Abstract; column 10, line 50-column 11, lines 28; Figure 1).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the method of the above combined references further comprise acquiring an ultrasonic image of the breast at a frequency ranging 10 MHz-30 Mhz, as taught by Dines et al., in order to provide effective ultrasound transmission through compression paddles and examine patients in the standard craniocaudal compressed breast position (column 10, line 50-column 11, line 28).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dederichs et al. in view of Davis et al. and Eberhard et al. [as evidenced by Nelson et al.], as applied to claim 1 above, and further in view of Iordache et al. (US Pub No. 2009/0262887).
With regards to claim 13, as discussed above, the above combined references meet the limitations of claim 1. However, they do not specifically disclose that their method further comprises measuring a first force exerted in compressing the breast during a first imaging step; measuring a second force exerted in compressing the breast during a second imaging step; and comparing the first and second force to determine compression reproducibility.
Iordache et al. disclose a mammography system that comprises a compression device comprising at least two compression members to compress a breast arranged therebetween, wherein the system comprises at least one sensor to sense the pressure exerted by the breast on at least one of the compression members (paragraphs [0032], [0038], [0041]). The compression members are moved relative to each other so as to compress the breast arranged therebetween, until an initial pressure is reached (i.e. measured first force exerted in compressing the breast during a first imaging step) (paragraphs [0041], [0064]-[0066]; Figure 4). The pressure exerted by the breast on one of the compression members is measured (i.e. measured second force exerted in compressing the breast during a second imaging step) and the variations in pressure are monitored relative to their initial value (i.e. first and second measured forces are compared) to estimate breast movement in relation to said variations (paragraphs [0041], paragraphs [0072]-[0080], note that it is determined that breast movement has occurred based on a significant change in pressure (see in particular, paragraphs [0083]-[0087], wherein such a determination of breast movement corresponds to a determination of compression reproducibility (i.e. if it is determined that there is no significant change in pressure, then this corresponds to compression reproducibility)). The system allows for a determination of breast movement, thus allowing for artefacts and localization errors on the image caused by breast movement to be avoided which may lead to deterioration of image quality and even make images unusable (Abstract; paragraph [0014]-[0015]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the method of the above combined references further comprise measuring a first force exerted in compressing the breast during a first imaging step; measuring a second force exerted in compressing the breast during a second imaging step; and comparing the first and second force to determine compression reproducibility, as taught by Iordache et al., in order to allow for a determination of breast movement, thus providing a means to avoid artefacts and localization errors on the image caused by breast movement which may lead to deterioration of image quality and even make images unusable (Abstract; paragraph [0014]-[0015]).
With regards to claim 14, Iordache et al. disclose that their method further comprises reproducing the compression force in successive imaging sessions (paragraphs [0041], [0073]-[0079], referring to the movement of the compression members is stopped when the pressure reaches the initial pressure, and thus a compression force is reproduced; paragraphs [0013]-[0015], [0079], referring to obtaining successive images).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dederichs et al. in view of Davis et al., Eberhard et al. [as evidenced by Nelson et al.], and Iordache et al. as applied to claim 13 above, and further in view of Hoheisel (US Pub No. 2009/0268866).
With regards to claim 15, as discussed above, the above combined references meet the limitations of claim 13. However, they do not specifically disclose that their method further comprises comparing images from successive sessions by mathematical image processing comprising at least one of co-registration, histogram equalization and subtraction.
Hoheisel discloses a method and apparatus to generate a mammographic image, wherein a difference image is generated by subtracting a second image data set from a first image data set and the difference image is displayed to clearly depict malignant lesions (paragraphs [0012], [0025]-[0026], claim 3).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the method of the above combined references further comprise comparing images from successive sessions by mathematical image processing comprising at least one of co-registration, histogram equalization and subtraction, as taught by Hoheisel, in order to provide a difference image that clearly depicts malignant lesions (paragraphs [0012], [0025]-[0026]).
Allowable Subject Matter
Claim 17 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
With regards to claim 17, the prior art does not teach or suggest a method further comprising providing a system for compressing and stabilizing the breast comprising an examination box comprising a side wall surrounding a cavity and forming a perimeter of a top opening, wherein the side wall comprises a side opening connected to the cavity, and wherein at least a portion of the side wall extends above the side opening to the perimeter, in combination with the other claimed elements.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 and 9-17 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. Eberhard has been introduced to teach a cavity being at least partially defined by a rigid side wall forming a top opening of the cavity, etc..
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stein et al. (WO 2019/227044) discloses a breast compression handle, wherein a window/cavity (272) is formed in the tope of the compression paddle (200) (Abstract; paragraph [0027]-[0028]; Figure 2B).
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/KATHERINE L FERNANDEZ/Primary Examiner, Art Unit 3798