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
Applicant's arguments filed 08/14/2026 have been fully considered but they are not persuasive.
Applicant argues, see Applicant’s arguments pages 6-7, that Yoshida does not teach that the range of values of the color map is determined based on the calculated parameter. Applicant asserts that the color map of Yoshida does not teach determining a range of values, but rather that it is fixed with respect to any calculated parameter, and that time is not a calculated parameter. First, Examiner disagrees that a range of values is not determined; an image inherently displays a range of values representative of image information, whether these values are depicted as color, brightness, etc. Paragraph [0081] of Yoshida teaches that each pixel in the color map is assigned a color based on a brightness of each pixel. Thus, a range of colors exists representing a range of brightness values. Second, the cited calculated parameters of Yoshida (the arrival time, peak time, wash-in time, wash-out time detailed in [0059]) are all claimed as the calculated parameter in claim 10 of the instant application. Examiner asserts that these parameters constitute calculated parameters, per the language of the claimed invention. Examiner upholds the use of Yoshida and the rejections under 35 USC 102.
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 1-21 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Yoshida (US 2011/0245675).
Regarding claim 1, Yoshida teaches an ultrasound imaging system comprising:
an input (ultrasonic probe 12, [0032]) configured to receive ultrasound echo signals from a region of interest (ROI) ([0033]) to generate a sequence comprising a plurality of temporally spaced color-coded parametric images of the ROI (four-dimensional parametric image & color map, [0082]); and
a processor (control processor (CPU) 28, [0032]) configured to:
calculate a parameter ([0059]) for each pixel in each image in the sequence ([0081]);
Paragraph [0081] teaches that each pixel is assigned a color and brightness value, and [0059] details possible parameters. Nevertheless, images inherently have pixels that are representative of a parameter value.
generate a color map of the parameter for each image in the sequence ([0081]), wherein the color map includes values of a color hue, a brightness, or a combination thereof to be assigned to each pixel of the image ([0081]), based at least in part on a range of the calculated parameter to be color coded ([0059] & [0081]), wherein a range of the values of the color map is determined based, at least in part, on both of the calculated parameter ([0059] & [0081]) and a temporal location of the corresponding image within the sequence (temporal information, [0059]); and
generate the plurality of temporally spaced color-coded parametric images based on the color map of the parameter for each image in the sequence ([0082]).
Regarding claim 2, Yoshida teaches the ultrasound imaging system of claim 1, wherein the color map of the parameter varies linearly as a function of time ([0059] & [0082]).
It is expected that a measured parameter represented in a time-series image varies as a function of time.
Regarding claim 3, Yoshida teaches the ultrasound imaging system of claim 1, wherein the color map of the parameter varies adaptively based on a change rate of a spatially averaged value of the parameter ([0059] & [0082]).
A pixel represents a spatially-averaged value of a parameter in an image. It is expected that the pixels will represent a change rate of the parameter across the time-series images.
Regarding claims 4-5, Yoshida teaches the ultrasound imaging system of claim 1, wherein the color map of the parameter varies adaptively based on an occupation ratio ([0082]), wherein the occupation ratio is calculated based, at least in part, on a ratio of pixels including a contrast agent and a total number of pixels in an image of the plurality of temporally spaced images ([0082]).
Per [0082], the presence of contrast agent in the image is represented in the image as a color tone. Conversely, any pixel without a color tone can be understood to not contain contrast agent. Thus, the occupation ratio is represented as the amount of colored pixels in the image.
Regarding claim 6, Yoshida teaches the ultrasound imaging system of claim 1, wherein the color map of the parameter varies adaptively based on a percentile of the parameter ([0059] & [0081]-[0082]).
Images are represented in terms of brightnesses and colors of pixels; a range must exist for both the brightness and color assigned to each pixel. These ranges can be subdivided into percentiles. In terms of the images of Yoshida, [0059] details the parameters of the contrast agent that can be measured and represented in the image, and [0082] teaches that a brightness and color is assigned to each pixel based on these parameters. Therefore, the value (percentile) of the parameter defines the brightness and color of each pixel represented in the image.
Regarding claim 7, Yoshida teaches the ultrasound imaging system of claim 1, further comprising a display (monitor 14, [0032]) configured to display the plurality of temporally spaced color-coded parametric images ([0049]).
Regarding claim 8, Yoshida teaches the ultrasound imaging system of claim 1, wherein the input comprises an ultrasound probe (ultrasonic probe 12, [0032]).
Claim 9 is rejected for similar reasons to claim 1.
Regarding claim 10, Yoshida teaches the method of claim 9, wherein the parameter comprises a time of arrival (TOA), a time-to-peak, a wash-in rate, and a wash-out rate ([0059]).
Regarding claim 11, Yoshida teaches the method of claim 9, further comprising performing contrast enhanced ultrasound imaging to acquire the plurality of temporally spaced images of the sequence ([0030]).
Claims 12-13 are rejected for similar reasons to claims 4-5.
Claim 14 is rejected for similar reasons to claim 2.
Claim 15 is rejected for similar reasons to claim 3.
Claim 16 is rejected for similar reasons to claim 6.
Claim 17 is rejected for similar reasons to claim 1. Yoshida further teaches a non-transitory computer readable medium (recording medium, [0112]) including instructions (programs, [0112]).
Regarding claim 18, Yoshida teaches the non-transitory computer readable medium of claim 17, further comprising instructions that when executed cause the ultrasound imaging system to: select the parameter to calculate from a plurality of parameters (“a user can set desired parameters in accordance with each situation”, [0110]) based, at least in part, on a user input received from a user interface (input device 13, [0032]).
Claim 19 is rejected for similar reasons to claim 10.
Claim 20 is rejected for similar reasons to claims 2-5.
Claim 21 is rejected for similar reasons to claim 7.
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 ADAM KOLKIN whose telephone number is (571)272-5480. The examiner can normally be reached Monday-Friday 1:00PM-10:00PM EDT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (572)-270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM D. KOLKIN/Examiner, Art Unit 3798
/KEITH RAYMOND/Supervisory Patent Examiner, Art Unit 3798
