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 .
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shin et al. (US 2024/0206857; hereinafter Shin).
Shin shows an ultrasound diagnostic apparatus and method (abstract) comprising: a storage unit that stores an image sequence consisting of a plurality of images arranged in time series, which are generated by repetition of transmission and reception of ultrasonic waves ([0099]); a setting unit that sets an evaluation period for the image sequence based on reference information indicating a status of an ultrasonic examination in a case in which a freeze operation is performed ([0069], [0101]); a selection unit that extracts an image group belonging to the evaluation period from the image sequence and evaluates each image constituting the image group to select a recommended image from the image group ([0104]-[0105], [0119]-[0121]); and a display unit that displays the recommended image after the freeze operation ([0104]).
Shin also shows wherein the setting unit includes a first determination unit that determines a past reference time used as a reference in a case of setting the evaluation period, based on all or a part of the reference information (diastolic period, [0074]; preset period, [0077]; reference range, [0081]), and a second determination unit that determines a time width that is a size of the evaluation period, based on all or a part of the reference information (preset period, [0077]; reference range, [0081], [0146]); wherein the reference information includes at least one of information for specifying a type of the image sequence, information for specifying an examiner, or information for specifying a type of the freeze operation (retrospective/prospective image range, [0072]; heart ultrasound, [0074]); wherein the reference information is first reference information, and the selection unit evaluates each image constituting the image group based on second reference information indicating the status of the ultrasonic examination ([0085]); wherein the second reference information includes at least one of information for specifying a type of the image sequence or information for specifying an examiner (retrospective/prospective image range, [0072]; heart ultrasound, [0074]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (US 2024/0206857; hereinafter Shin) and Kibe (US 2023/0293151).
Shin discloses the invention substantially as described in the 102 rejection above.
Shin fails to show a generation unit that generates a guide image including a first display element indicating the evaluation period and a second display element indicating a time point corresponding to the recommended image, wherein the recommended image and the guide image are displayed on the display unit.
Kibe discloses an ultrasonic diagnostic apparatus. Kibe teaches a generation unit that generates a guide image including a first display element indicating the evaluation period and a second display element indicating a time point corresponding to the recommended image, wherein the recommended image and the guide image are displayed on the display unit ([0073]-[0075], [0079]-[0080]; Fig. 7).
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 invention of Shin to display an evaluation period and time point corresponding to a recommended image as taught Kibe, in order to provide the user with additional context regarding a specific timepoint at which the image is stable such as an end diastolic time point, to thereby improve the accuracy of the diagnosis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chen (US 2016/0081663) discloses methods and systems for automated detection and measurement of a target structure including a freeze operation and recommended image (abstract);
Chiang (US 2021/0015456) discloses methods and systems for ultrasound monitoring (abstract);
Matsumura (US 2008/0269606) discloses methods for displaying elastic images in an ultrasound system, including various display formats (abstract, Fig. 15);
Oonuki (US 2006/0241449) discloses methods and systems for diagnostic ultrasound, including various display formats including time information ([0058], [0096] Fig. 9).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN CWERN whose telephone number is (571)270-1560. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN CWERN/Primary Examiner, Art Unit 3797