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 .
Response to Arguments
Regarding claim interpretation
Examiner notes that the 112(f) claim interpretations are withdrawn in view of the amendments to the claims which now recite “processor”.
Regarding 112(b)
Examiner notes that the 112(b) rejections of claims 1-9 and 11-14 are withdrawn in view of the amendments to the claims. Examiner notes that although amendments are made to claim 10, such amendments do not address the clarity issue of what is considered a “standard value”. The 112(b) rejection has been maintained/updated in view of the amendments.
Regarding prior art
Applicant's arguments filed 03/24/2026 have been fully considered but they are not persuasive. For example, applicant argues “Hayes’ user operation is directed only to adjustment of the start point in time and end point in time for a subsequent imaging period (i.e. adjustment of the scan timing window). In other words, Hayes allows the operator to revise the temporal boundaries used for subsequent imaging, rather than to correct the detection result of the one or more rest phases itself” (RMEARKS pg. 13-14). Examiner respectfully disagrees, in that although the start point 30 and end point 31 may be used in subsequent imaging periods, it is noted that the start point 30 and end point 31 are the start point and end point of the cardiac rest phase(s) which are detected and then presented to the user who may adjust the start point 30 and end point 321 of the rest phase as disclosed in at least [0023], where such adjustment of a start point and an end point of a rest phase is considered a correction of the detection result (i.e. start and/or end point) in its broadest reasonable interpretation. Such an adjustment of the start point/end point of a rest phase further appears consistent with applicant’s specification in at least [0065]-[0067] in which the first start phase may be corrected to an actual first start phase in response to a user selecting an image suitable for the actual first start phase P1. If applicant intends for the correction of the detection result to mean something other than an adjustment by a user of the start/end point, examiner recommends amending the claims as intended and pointing to corresponding support in the originally filed specification.
Applicant further argues “Jo merely discloses repositioning an indicator position in an image matrix for purposes of viewing and displaying different cardiac images, and does not disclose performing correction on a detection result of any cardiac rest phase. Accordingly, applicant respectfully submits that Jo does not disclose or suggest ‘the processor detects a first cardiac rest phase indicating an end-systolic cardiac rest phase of the heart and a second cardiac rest phase indicating an end-diastolic cardiac rest phase of the heart among the one or more cardiac rest phases” as clarified in claim 4” (REMARKS pg. 15). Examiner respectfully disagrees in that the claims do not state the nature of the correction of a detection result of a cardiac rest phase such that it is precluded from being an indicator of an image which corresponds with the cardiac rest phase. Jo explicitly teaches that the user input may allow for accepting an input for repositioning such an indicator which is considered a correction of the detection result (i.e. a correction of which images should correspond with the indicator). Furthermore, Jo teaches the image processor indicates images representing end diastole, end systole, etc where it is noted that such indications of the end diastole and end systole would necessarily require the processor to first detect a first cardiac rest phase and second cardiac rest phase accordingly, otherwise such indications would not be possible. If applicant intends for a more specific processing for detecting the corresponding cardiac phases, examiner recommends amending the claims as intended and further pointing to corresponding support in the originally filed specification.
Claim Objections
Claims 6 and 9 are objected to because of the following informalities:
Claim 6 recites “further configured to: further comprising:” examiner notes that the limitaiton should read –further configured to: [[further comprising:]]—
Claim 9 recites “accept accepts”. Examiner notes that the limitation should read –[[accept]] accepts—.
Appropriate correction is required.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 10 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.
Claim 10 recites the limitation “decides on… a standard value of the one or more cardiac rest phases corresponding to the heart rate”. It is unclear what constitutes a standard value of the cardiac rest phase. In other words, it is unclear what a value of the cardiac rest phase is and what makes it “standard” (e.g. a time value, a volume value, or other parameter value?). For examination purposes, it has been interpreted to mean any value which corresponds to the rest phase, however, clarification is required.
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.
Claims 1-3, 7-9, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayes et al. (US 20090208083 A1), hereinafter Hayes.
Regarding claims 1, 13, and 14,
Hayes discloses a magnetic resonance imaging apparatus (at least fig. 1 (10) and corresponding disclosure in at least [0021]) comprising:
A magnetic resonance imaging device (at least fig. 1 (11) and corresponding disclosure in at least [0021] and/or 10 and/or 15) that executes imaging of acquiring nuclear magnetic resonance signals of a heart in synchronization with an electrocardiogram waveform for a period of one or more heartbeats ([0025] which discloses the acquisition window which typically defines the time spans in the EKG signal during which the signal acquisition ensues. A trigger delay can likewise be automatically set which initiates the start of the image acquisition after the R-spike in the EKG signal); and
A data processing device comprising a processor (at least fig. 1 (14) and corresponding disclosure in at least [0021]) configured to:
reconstruct a plurality of images of the heart along a time series based on the nuclear magnetic resonance signals acquired by the magnetic resonance imaging apparatus ([0021] which discloses measurement signals are converted into an MR image via post-processing in a control device 14);
detect, as a detection result, one or more cardiac rest phases based on the plurality of images ([0022] which discloses the calculation unit 17 can be fashioned such that it identifies an endocardial volume as a rest phase whose area does not change more than, for example, 5%, and that follow one another in the images over time);
display the detection result of the one or more cardiac rest phases on a display (see at least figs. 2-4 and [0022]-[0023] which discloses the calculated time points for the rest phase can be presented to the operator on the display unit 16 and the markings 30 and 31 can be presented to the displayed to the operator);
accept an input of a correction operation of specifying a corrected cardiac rest phase corresponding to the detection result of the one or more cardiac rest phases ([0022]-[0023] which discloses the operator can check the starting point in time and the end point in time and change them as necessary for example, by selection of an earlier or later point in time by shifting the marking in the curve or by selecting a different image and The images that belong to the markings 30, 31 can then be displayed to the operator, wherein the operator gain checks the starting and end points in time of the rest phase and can modify them as needed by displacing the markings 30, 31 via selection of an earlier or later image);
and correct the detection result of the one or more cardiac rest phases to the corrected cardiac rest phase based on the correction operation ([0022]-[0023] which discloses the operator can check the starting point in time and the end point in time and change them as necessary for example, by selection of an earlier or later point in time by shifting the marking in the curve or by selecting a different image and the images that belong to the markings 30, 31 can then be displayed to the operator, wherein the operator gain checks the starting and end points in time of the rest phase and can modify them as needed by displacing the markings 30, 31 via selection of an earlier or later image. Examiner notes that such displacing of markings necessarily corrects the cardiac rest phase based on the correction operation input).
Examiner notes that the system of Hayes comprises the data processing device of claim 1 and would perform the data processing method of claim 14 having corresponding method steps.
Regarding claim 2,
Hayes further disclose wherein the processor is further configured to: set a scan parameter of the magnetic resonance imaging apparatus based on the one or more cardiac rest phase ([0014] which discloses According to one embodiment, the starting points in time and the end points in time of the rest phase are respectively automatically determined and are used immediately as a basis for the calculation of imaging parameters of the additional heart imaging sequences, without review by the operator. In another embodiment, it is likewise possible to present the calculated starting and end points in time to the operator so that he can review the calculation and can change the points in time as necessary. see also [0025])
Wherein the processor sets, in a case where the correction operation is input, the scan parameter based on the corrected cardiac rest phase ([0025] which discloses the established time spans of the rest phase of the heart can then be automatically integrated into the subsequent measurement. For this it is necessary to adapt some parameters to the duration of the rest phase. These parameters can be provided in the follow-up measurement with start values that are then automatically adapted by the system. Possible values that can be adapted are, for example, the acquisition window which typically defines the time spans in the EKG signal during which the signal acquisition ensues. A trigger delay can likewise be automatically set which initiates the start of the image acquisition after the R-spike in the EKG signal. In segmented measurement techniques, the number of the segments can likewise be adapted under consideration of the duration of the rest phase of the heart so that this time span can be optimally used for data acquisition. In procedures known as single shot measurement techniques in which the entire raw data space is measured during a rest phase, it can occur that the rest phase of the heart is shorter than the acquisition duration necessary in order to fill the entire raw data space in one heartbeat. If this should be the case, the operator can be informed of this fact and receives the possibility to use other measurement parameters (for example by reducing the spatial resolution, limiting the field of view, etc.) so that the entire MR image can be acquired in one rest phase)
Regarding claim 3,
Hayes further discloses wherein the processor is configured to accept an input of a re-correction operation of the corrected cardiac rest phase that has been corrected in the correction operation,
the processor re-corrects, in a case where the re-correction operation is input, the cardiac rest phase based on the re-correction operation ([0014] which discloses it is likewise possible to present the calculated starting and end points in time to the operator so that he can review the calculation and can change the points in time as necessary and [0022] which discloses the automatically calculated points in time for the rest phase can be presented to the operator on the display unit 16, wherein the operator can check the starting point in time and the end point in time and change them as necessary, for example by selection of an earlier or later point in time by shifting the marking in the curve or by selecting a different image and [0023] which discloses The images that belong to the markings 30, 31 can then be displayed to the operator, wherein the operator gain checks the starting and end points in time of the rest phase and can modify them as needed by displacing the markings 30, 31 via selection of an earlier or later image. Examiner notes that a person having ordinary skill recognizes that a user’s ability to change the starting/end times as necessary means that a person could re-correct (i.e. change the starting/end points again) as necessary and the system functions to accept such an input of recorrection),
and processor sets, in a case where the re-correction operation is input, the scan parameter based on a re-corrected cardiac rest phase ([0025] which discloses the established time spans of the rest phase of the heart can then be automatically integrated into the subsequent measurement. For this it is necessary to adapt some parameters to the duration of the rest phase. These parameters can be provided in the follow-up measurement with start values that are then automatically adapted by the system. Possible values that can be adapted are, for example, the acquisition window which typically defines the time spans in the EKG signal during which the signal acquisition ensues. A trigger delay can likewise be automatically set which initiates the start of the image acquisition after the R-spike in the EKG signal. In segmented measurement techniques, the number of the segments can likewise be adapted under consideration of the duration of the rest phase of the heart so that this time span can be optimally used for data acquisition. In procedures known as single shot measurement techniques in which the entire raw data space is measured during a rest phase, it can occur that the rest phase of the heart is shorter than the acquisition duration necessary in order to fill the entire raw data space in one heartbeat. If this should be the case, the operator can be informed of this fact and receives the possibility to use other measurement parameters (for example by reducing the spatial resolution, limiting the field of view, etc.) so that the entire MR image can be acquired in one rest phase).
Regarding claim 7,
Hayes further discloses wherein the processor displays the one or more cardiac rest phases on the display in accordance with a time axis (see at least figs. 2 and 4 depicting markings 30 and 31 or times t1 and t2 displayed in accordance with a time axis (i.e. x-axis)).
Regarding claim 8,
Hayes further discloses wherein the processor displays, on the display, a time-phase display region including the one or more cardiac rest phases and the time axis (see at least figs. 2 and 4), and an image display region for selectively displaying any of the plurality of images,
Accepts an input of a time designation operation of designating a certain time of the time axis, an displays, in a case where the time designation operation is input, an image corresponding to the time designated in the time designation operation among the plurality of images, in the image display region ([0022]-[0023] which discloses the operator can check the starting point in time and the end point in time and change them as necessary for example, by selection of an earlier or later point in time by shifting the marking in the curve or by selecting a different image and the images that belong to the markings 30, 31 can then be displayed to the operator).
Regarding claim 9,
Hayes further discloses wherein the processor displays, on the display, a time-phase display region including the one or more cardiac rest phases and the time axis (see at least figs. 2 and 4), and an image display region for selectively displaying any of the plurality of images ([0023] which discloses the images that belong to the markings 30, 31 can then be displayed to the operator, wherein the operator gain checks the starting and end points in time of the rest phase and can modify them as needed by displacing the markings 30, 31 via selection of an earlier or later image),
accepts an input of an image selection operation of selecting the image to be displayed in the image display region ([0023] which discloses the images that belong to the markings 30, 31 can then be displayed to the operator, wherein the operator gain checks the starting and end points in time of the rest phase and can modify them as needed by displacing the markings 30, 31 via selection of an earlier or later image [0022] which discloses the automatically calculated points in time for the rest phase can be presented to the operator on the display unit 16, wherein the operator can check the starting point in time and the end point in time and change them as necessary, for example by selection of an earlier or later point in time by shifting the marking in the curve or by selecting a different image)),
and displays, in a case where the image selection operation is input, the image selected in the image selection operation in the image display region and displays a time phase corresponding to the image selected in the image selection operation on the time axis in the time-phase display region ([0023] which discloses the images that belong to the markings 30, 31 can then be displayed to the operator, wherein the operator gain checks the starting and end points in time of the rest phase and can modify them as needed by displacing the markings 30, 31 via selection of an earlier or later image and [0022] which discloses the automatically calculated points in time for the rest phase can be presented to the operator on the display unit 16, wherein the operator can check the starting point in time and the end point in time and change them as necessary, for example by selection of an earlier or later point in time by shifting the marking in the curve or by selecting a different image).
Regarding claim 11,
Hayes further discloses wherein the processor reconstructs the plurality of images at regular time intervals (see at least fig. 2 depicting data from images acquired/reconstructed at regular time intervals across the time axis and see also fig. 4).
Regarding claim 12,
Hayes further discloses wherein the processor calculates a representative value of signal values of the image for each of the plurality of images to detect the one or more cardiac rest phases based on the representative value for each image along the time series ([0023] which discloses the intensity cross-section through the center point can be formed in various MR images. This intensity cross-section can now be presented shown over time as in FIG. 4, wherein in FIG. 4 the intensity cross-section in the image 27 is representative of the intensity curve over time for a specific radius starting from the center point 25 and In the y-direction, the intensity cross-section is presented in FIG. 4 at a point in time; the x-axis represents this intensity cross-section at various points in time. The movement of the left ventricle 28 is well recognizable in the y-direction. In the method presented in FIG. 4, the position of the left ventricle is now examined. In the event that the position of the ventricle is constant over a longer time period, the rest phase in the cardiac cycle can be concluded)
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.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hayes in view of Jo et al. (US 20160125596 A1), hereinafter Jo.
Regarding claim 4,
Hayes teaches the elements of claim 1 as previously stated. Hayes further teaches wherein the processor detects a second cardiac rest phase indicating an end-diastolic cardiac rest phase of the heart among the one or more cardiac rest phases, displays the second cardiac rest phase on the display unit in an identifiable manner, accepts input of the correction operation of the second cardiac rest phase, and corrects the second cardiac rest phase in a case where the correction operation of the second cardiac rest phase is input to the operation unit.
Hayes fails to explicitly teach wherein the processor detects a first cardiac rest phase indicating an end-systolic cardiac rest phase of the heart, displays the first cardiac rest phase in an identifiable manner, accepts inputs of the correction operation of the first cardiac rest phase, and corrects the first cardiac rest phase in a case where the correction operation of the first cardiac rest phase is input.
Jo teaches wherein a processor detects a first cardiac rest phase indicating an end-systolic cardiac rest phase of the heart and a second cardiac rest phase indicating an end diastolic cardiac rest phase of the heart ([0115] which discloses the image processor 320 is configured to indicate images representing end diastole, end systole, an apex, and a base of the heart in an MR image matrix by, for example, using marks, thus detects the first cardiac phase (end systole) indicating an end-systole cardiac rest phase and a second cardiac rest phase (end diastole) indicating an end-diastolic cardiac rest phase of the heart in order to indicate the images accordingly),
Displays a detection result of the first cardiac rest phase and a detection result of the second cardiac rest phase on the display in an identifiable manner (see at least fig. 5 and 7) ,
accepts inputs of the correction operation of specifying a corrected first cardiac rest phase corresponding to the detection result of the first cardiac rest phase and specifying a corrected second cardiac rest phase corresponding of the detection result of the correction operation of the second cardiac rest phase of the second cardiac rest phase (see at least fig. 7 and [0014] which discloses [0014] The apparatus may further include an input unit configured to receive a user input for repositioning the at least one first indicator which indicates the column of the MR image matrix corresponding to at least one of end diastole and end systole, wherein the output unit is configured to reposition, based on the user input, the at least one first indicator) and
corrects the detection result of first cardiac rest phase to the corrected first cardiac rest phase in a case where the correction operation of the first cardiac rest phase is input, and corrects the detection result of the second cardiac rest phase to the corrected second cardiac rest phase in a case where the correction operation of the second cardiac rest phase is input ([0014] which discloses the apparatus may further include an input unit configured to receive a user input for repositioning the at least one first indicator which indicates the column of the MR image matrix corresponding to at least one of end diastole and end systole, wherein the output unit is configured to reposition, based on the user input, the at least one first indicator).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Hayes to include detecting a first cardiac rest phase, accepting input to correct operation of the first cardiac rest phase and correcting the first cardiac rest phase as taught by Jo in order to provide additional diagnostic data to a user regarding other portions of the heart cycle. Such a modification would be beneficial for diagnosing by facilitating identification of images indicating end-diastole and end-systole such that partial volumes at both end diastole and end systole in the cardiac cycle to be used to calculate important clinical parameters cu has ejection fraction, end-diastolic volume, and end-systole volume and the like (Jo [0017]-[0019]).
Regarding claim 5,
Hayes, as modified, teaches the elements of claim 4 as previously stated. Hayes further teaches wherein the processor is further configured to:
Set a scan parameter of the magnetic resonance imaging apparatus based on the one or more cardiac rest phases,
sets the scan parameter based on selected input ([0025] which discloses the established time spans of the rest phase of the heart can then be automatically integrated into the subsequent measurement. For this it is necessary to adapt some parameters to the duration of the rest phase. These parameters can be provided in the follow-up measurement with start values that are then automatically adapted by the system. Possible values that can be adapted are, for example, the acquisition window which typically defines the time spans in the EKG signal during which the signal acquisition ensues. A trigger delay can likewise be automatically set which initiates the start of the image acquisition after the R-spike in the EKG signal. In segmented measurement techniques, the number of the segments can likewise be adapted under consideration of the duration of the rest phase of the heart so that this time span can be optimally used for data acquisition. In procedures known as single shot measurement techniques in which the entire raw data space is measured during a rest phase, it can occur that the rest phase of the heart is shorter than the acquisition duration necessary in order to fill the entire raw data space in one heartbeat. If this should be the case, the operator can be informed of this fact and receives the possibility to use other measurement parameters (for example by reducing the spatial resolution, limiting the field of view, etc.) so that the entire MR image can be acquired in one rest phase).
Jo, as applied to claim 4 above, further teaches the processor is configured to accept an input of a time-phase selection operation of selecting any one of the first cardiac rest phase or the second cardiac rest phase ([0016] which discloses and the user input for repositioning the at least one first indicator may include dragging the index for identifying the at least one of the end-diastole column and the end-systole column. Examiner notes that such dragging/selection of the column is considered to be a selection of any one of the first cardiac rest phase (i.e. end-systole) or second cardiac rest phase (i.e. end-diastole)),
Examiner notes that in the modified system, the processor of Hayes, sets the scan parameter based on the selected data in the time-phase selection operation and thus would set the scan parameter based on the one selected in the time-phase selection operation due to the breadth of based on where the subsequent imaging parameters are necessarily based on any actions which come before hand including the selection of the one and would occur in a case where the time-phase selection operation is input.
Regarding claim 6,
Hayes, as modified, teaches the elements of claim 4. Hayes further teaches wherein the processor is configured to:
Set a scan parameter of the magnetic resonance imaging apparatus based on the cardiac rest phase ([0025] which discloses the established time spans of the rest phase of the heart can then be automatically integrated into the subsequent measurement. For this it is necessary to adapt some parameters to the duration of the rest phase. These parameters can be provided in the follow-up measurement with start values that are then automatically adapted by the system. Possible values that can be adapted are, for example, the acquisition window which typically defines the time spans in the EKG signal during which the signal acquisition ensues. A trigger delay can likewise be automatically set which initiates the start of the image acquisition after the R-spike in the EKG signal. In segmented measurement techniques, the number of the segments can likewise be adapted under consideration of the duration of the rest phase of the heart so that this time span can be optimally used for data acquisition. In procedures known as single shot measurement techniques in which the entire raw data space is measured during a rest phase, it can occur that the rest phase of the heart is shorter than the acquisition duration necessary in order to fill the entire raw data space in one heartbeat. If this should be the case, the operator can be informed of this fact and receives the possibility to use other measurement parameters (for example by reducing the spatial resolution, limiting the field of view, etc.) so that the entire MR image can be acquired in one rest phase),
Jo, as applied to claim 4 above, further teaches wherein the a processor selects any one of the first cardiac rest phase or the second cardiac rest phase in accordance with a predetermined recommendation condition ([0016] which discloses and the user input for repositioning the at least one first indicator may include dragging the index for identifying the at least one of the end-diastole column and the end-systole column, where the user input is considered a predetermined recommendation condition and the processor selects the first/second rest phase in accordance with the dragging/selection by the user)
Examiner notes that the parameter setting of Hayes would necessarily be based on the selected one due to the breadth of based on and subsequent imaging parameters are necessarily based on any actions which come beforehand.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hayes in view of Turcea et al. (US 20200085394 A1), hereinafter Turcea.
Regarding claim 10,
Hayes teaches the elements of claim 1 as previously stated. Hayes fails to explicitly teach wherein the processor is further configured to decide on, based on a heart rate obtained from the electrocardiogram waveform, a standard value of the one or more cardiac rest phase corresponding to the heart rate; and calculate accuracy of the one or more cardiac rest phases based on the standard value, and display a calculation result of the accuracy of the one or more cardiac rest phases on the display.
Turcea, in a similar field of endeavor involving MRI imaging, teaches a processor configured to:
Decide on, based on a heart rate obtained from an electrocardiogram waveform, a standard value of one or more cardiac rest phases corresponding to the heart rate ([0053] which discloses corresponding secondary data (e.g. ECG traces) is first assembled and ground truth information regarding the cardiac phase and/or time points of interest of each heart cycle is determined from the corresponding secondary data),
calculate accuracy of the one or more cardiac rest phases based on the standard value ([0082] which discloses the difference between each of the two or more probability values and the values representing the cardiac phases (e.g. the indices ‘0’ or ‘1’ described with reference to FIG. 3) is determined i.e. ground truth values of systolic and diastolic phase as disclosed in [0085]), which generates two or more confidence values for each frame. The probability value for a given frame that has the least difference (i.e. the highest confidence value) is determined to be the probability value having the highest confidence. Accordingly, it is that probability value that is used by the classifier 512 to determine the cardiac phase. [0083] The classifier 512 provides an output indicating a cardiac phase associated with each image frame based on the probability value having the highest confidence value associated with that frame and [0088] which discloses a difference between a predicted phase and a ground truth phase).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified Hayes to include deciding on a standard value and calculating an accuracy as taught by Turcea in order to provide a neural network system which determines the cardiac phase associated with the images (Turcea Abstract). Such a modification would enhance the detection of the cardiac rest phase of Hayes accordingly.
Hayes further teaches wherein the processor displays a result of the detection of the cardiac rest phase (See at least figs. 2-4) on the display unit. Examiner notes that in the modified system the displayed cardiac rest phase (or images associated therewith) are considered a calculation result of the accuracy of the one or more cardiac rest phases, therefore, examiner notes that the modified system displays a calculation result of the accuracy of the one or more cardiac rest phases on the display.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROOKE L KLEIN whose telephone number is (571)270-5204. The examiner can normally be reached Mon-Fri 7:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Kozak can be reached at 5712700552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BROOKE LYN KLEIN/Primary Examiner, Art Unit 3797
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