DETAILED ACTION
This office action is in response to the communication received on August 12, 2026 concerning application No. 18/869,789 filed on November 26, 2024.
Claims 1-20 are currently pending.
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 08/12/2026 regarding the objection to the specification have been fully considered. The amendments to the specification have been entered and overcome the specification objection previously set forth.
Applicant's arguments filed 08/12/2026 regarding the claim objections have been fully considered. The amendments to the claims have been entered and overcome the claim objections previously set forth. Examiner notes the amendments to the claims have led to further claim objections.
Applicant's arguments filed 08/12/2026 regarding the claim interpretation have been fully considered. The amendments to the claims have been entered and overcome the claim interpretation previously set forth.
Applicant's arguments filed 08/12/2026 regarding the 35 USC 112 rejection have been fully considered. The amendments to the claims have been entered and overcome the 35 USC 112b rejection of claims 1, 4, 11, and 15 previously set forth. Examiner notes the amendments to the claims have led to further 35 USC 112b rejections.
Applicant’s arguments with respect to claim(s) 1 and 11 regarding the newly filed claim amendments 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.
Claim Objections
Claims 3-4, 10, 14-15, and 20 are objected to because of the following informalities:
Claim 3, line 4, “a fetus” should read “the fetus”,
Claim 4, line 3, “a predetermined value corresponding to each of the plurality of predetermined classes” should read “the predetermined value corresponding to each of the visibility-related parameters for each of the plurality of predetermined classes”,
Claim 10, line 5, “a fetus” should read “the fetus”,
Claim 14, line 3, “a fetus” should read “the fetus”,
Claim 15, line 4, “a predetermined value corresponding to each of the plurality of predetermined classes” should read “the predetermined value corresponding to each of the visibility-related parameters for each of the plurality of predetermined classes”,
Claim 20, line 6, “a fetus” should read “the fetus”.
Appropriate correction is required.
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.
Claims 12 are 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 12 recites the limitation "storing information about the predetermined value" in line 2, which is considered indefinite. It is not clear to the examiner which predetermined value is being stored. Is it the predetermined value based on the area information or the predetermined value corresponding to each of the visibility-related parameters. For the purpose of examination and this office action it is being interpreted that the predetermined value recited in claim 12 corresponds to the predetermined value based on the area information.
Claims dependent upon the rejected claims above, but not directly addressed, are also rejected because they inherit the indefiniteness of the claim(s) they respectively depend upon.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable by Kim et al. (US 20160361043) in view of Zhu et al. (WO2020103098, hereinafter Zhu).
Regarding claim 1, Kim teaches an ultrasound diagnostic apparatus (Abstract “ultrasound diagnosis apparatus”. Ultrasound diagnosis apparatus 100 in fig. 1) comprising: a probe configured to transmit an ultrasound signal to an object and receive an ultrasound echo signal reflected from the object ([0372] and fig. 32 disclose probe 20 and ultrasound transceiver 1100 which are considered the ultrasound signal transceiving module. [0375]-[0377] disclose transmitting and receiving ultrasound signals from an object using the transceiver and probe);
a processor (the electronic circuitry of the ultrasound diagnosis apparatus 1000) configured to:
extract area information that is information about an area in the object occupied by each of a plurality of object bodies included in the object, based on the echo signal received from the probe ([0135]-[0137] disclose using the received signals to extract information about the position of structures (plurality of object bodies) including the fetal stomach and fetal skin that are included within the image. [0301], [0305] and fig. 26 further disclose segmenting the 3D volume of the object into a plurality of volumes based on the acquired data. [0316] discloses the segmented volumes include internals structures of the object),
perform a classification operation to match each of the plurality of object bodies to any one of a plurality of predetermined classes, based on the extracted area information corresponding to each of the plurality of object bodies ([0331] discloses determining the tissue corresponding to each of the volumes as being one of a bone, organ dermis, and epidermis of the fetus (predetermined classes)), wherein the plurality of predetermined classes correspond to any one of a plurality of organs included in a human body or a fetus ([0331] discloses the predetermined classes are one of a bone, organ dermis, and epidermis of the fetus),
generate a plurality of pieces of preset data corresponding to each of the plurality of object bodies by changing visibility-related parameters corresponding to the area occupied by each of the plurality of object bodies according to a predetermined value, based on the area information ([0316]-[0317] disclose setting 3D rendering properties (preset data) for each of the plurality of volumes to distinguish the volumes, where the properties are preset in the ultrasound diagnosis apparatus and therefore correspond to a predetermined value based on the internal structure (area information). [0314] further discloses distinguishing the volumes from one another by setting colors (visibility related parameters) for each of the volumes),
a parameter information storage portion configured to store information about the predetermined value and provide the information about the predetermined value to the processor in response to a request by the processor ([0317] discloses “3D rendering properties corresponding to characteristics of each volume may be stored in the ultrasound diagnosis apparatus 1000”, which are then provided in response to the segmentation); and
a display configured to receive the plurality of pieces of preset data from the processor and render and output preset three-dimensional volume data of the object based on the plurality of pieces of preset data ([0322]-[0323] disclose the ultrasound diagnosis apparatus 1000 displays the rendered 3D volume of the object that includes the 3D rendering properties (preset data) for the volumes),
wherein the parameter information storage portion is further configured to store information about a predetermined value corresponding to each of the visibility-related parameters for each class ([0345]-[0346] and [0352] disclose having a user select an opacity or color from a user interface and display the opacity or color on the 3D volume, therefore the predetermined values corresponding to each of the possible opacities and colors to be selected is stored within the apparatus).
Kim does not specifically teach the plurality of predetermined classes are set for the plurality of object bodies by a pregnant woman’s trimester of pregnancy.
However,
Zhu in a similar field of endeavor teaches the plurality of predetermined classes are set for the plurality of object bodies by a pregnant woman’s trimester of pregnancy (pg. 6, paras. 2-3 disclose the identified key anatomical structures (predetermined classes) are set based on what trimester of pregnancy the patient is in).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the plurality of predetermined classes be set for the plurality of object bodies by a pregnant woman’s trimester of pregnancy of Zhu to the classification operation of Kim because it allows for an easier time classifying the object bodies because the appearance of the object bodies changes during pregnancy and will look different over time. Therefore classifying the object body is easier because the classes include multiple different representations of the same object body over time.
Regarding claim 11, Kim teaches an operation method of an ultrasound diagnostic apparatus ([0006]-[0008] disclose the invention includes methods for ultrasound imaging. Also see fig. 26), the operating method comprising:
transmitting an ultrasound signal to an object and receiving an ultrasound echo signal reflected from the object ([0372] and fig. 32 disclose probe 20 and ultrasound transceiver 1100. [0375]-[0377] disclose transmitting and receiving ultrasound signals from an object using the probe);
extracting area information that is information about an area in the object occupied by each of a plurality of object bodies included in the object, based on the echo signal ([0135]-[0137] disclose using the received signals to extract information about the position of structures (plurality of object bodies) including the fetal stomach and fetal skin that are included within the image. [0301], [0305] and fig. 26 further disclose segmenting the 3D volume of the object into a plurality of volumes based on the acquired data. [0316] discloses the segmented volumes include internals structures of the object);
matching each of the plurality of object bodies to any one of a plurality of predetermined classes, based on the extracted area information corresponding to each of the plurality of object bodies ([0331] discloses determining the tissue corresponding to each of the volumes as being one of a bone, organ dermis, and epidermis of the fetus (predetermined classes)), wherein the plurality of predetermined classes correspond to any of a plurality of organs in a human body or a fetus ([0331] discloses the predetermined classes are one of a bone, organ dermis, and epidermis of the fetus);
changing visibility-related parameters corresponding to the area occupied by each of the plurality of object bodies according to a predetermined value based on the area information; generating a plurality of pieces of preset data corresponding to each of the plurality of object bodies ([0316]-[0317] disclose setting 3D rendering properties (preset data) for each of the plurality of volumes to distinguish the volumes, where the properties are preset in the ultrasound diagnosis apparatus and therefore correspond to a predetermined value based on the internal structure (area information). [0314] further discloses distinguishing the volumes from one another by setting colors (visibility related parameters) for each of the volumes); and
rendering and outputting preset three-dimensional volume data of the object based on the plurality of pieces of preset data ([0322]-[0323] disclose the ultrasound diagnosis apparatus 1000 displays the rendered 3D volume of the object that includes the 3D rendering properties (preset data) for the volumes),
wherein in formation about a predetermined value corresponding to each of the visibility-related parameters for each of the plurality of predetermined classes is stored in the ultrasound diagnostic apparatus ([0345]-[0346] and [0352] disclose having a user select an opacity or color from a user interface and display the opacity or color on the 3D volume, therefore the predetermined values corresponding to each of the possible opacities and colors to be selected is stored within the apparatus).
Kim does not specifically teach the plurality of predetermined classes are set for the plurality of object bodies by a pregnant woman’s trimester of pregnancy.
However,
Zhu in a similar field of endeavor teaches the plurality of predetermined classes are set for the plurality of object bodies by a pregnant woman’s trimester of pregnancy (pg. 6, paras. 2-3 disclose the identified key anatomical structures (predetermined classes) are set based on what trimester of pregnancy the patient is in).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the known technique of having the plurality of predetermined classes be set for the plurality of object bodies by a pregnant woman’s trimester of pregnancy of Zhu to the matching operation of Kim because it allows for an easier time classifying the object bodies because the appearance of the object bodies changes during pregnancy and will look different over time. Therefore classifying the object body is easier because the classes include multiple different representations of the same object body over time.
Regarding claim 12, Kim in view of Zhu teaches the method of claim 11, as set forth above. Kim further teaches storing information about the predetermined value in a parameter information storage portion included in the ultrasound diagnostic apparatus ([0317] discloses “3D rendering properties corresponding to characteristics of each volume may be stored in the ultrasound diagnosis apparatus 1000”).
Regarding claims 2 and 13, Kim in view of Zhu teaches the apparatus of claim 1 and the method of claim 11, as set forth above. Kim further teaches when the echo signal is received, generate the three-dimensional volume data of the object ([0102] “the ultrasound diagnosis apparatus 1000 may generate 3D volume data with respect to the fetus based on the received ultrasound echo signals”), and extract the area information corresponding to each of the plurality of object bodies from the three-dimensional volume data of the object, by using a semantic segmentation method ([0305] discloses segmenting the 3D volume of the object into a plurality of volumes. [0236] discloses segmenting the image based on a part, organ or tissue).
Regarding claims 3 and 14, Kim in view of Zhu teaches the apparatus of claim 2 and the method of claim 13, as set forth above. Kim further teaches wherein the processor comprises: a class information storage portion comprising information about the plurality of predetermined classes and information about the plurality of organs and a fetus corresponding to each of the plurality of predetermined classes ([0317] discloses storing characteristics related to each of the volumes which correspond to the plurality of predetermined classes).
Regarding claims 4 and 15, Kim in view of Zhu teaches the apparatus of claim 2 and the method of claim 13, as set forth above. Kim further teaches the parameter information storage portion comprises information about the plurality of predetermined classes and information about a predetermined value corresponding to each of the plurality of predetermined classes ([0317] discloses storing characteristics related to each of the volumes which correspond to the plurality of predetermined classes and storing the 3D rendering properties, where the properties correspond to the predetermined value for teach class).
Regarding claims 5 and 16, Kim in view of Zhu teaches the apparatus of claim 2 and the method of claim 11, as set forth above. Kim further teaches the visibility-related parameters comprise at least any one of color, opacity, and texture (claim 2 discloses the 3D rendering properties comprise at least opacity and color).
Regarding claims 6 and 17, Kim in view of Zhu teaches the apparatus of claim 2 and the method of claim 16, as set forth above. Kim further teaches a user interface configured to change the visibility-related parameters ([0345]-[0346] disclose a user interface that includes a user input for selecting an opacity or color),
the user interface comprises at least any one of a color adjustment portion, an opacity adjustment portion, and a texture adjustment portion ([0345]-[0346] disclose a user interface that includes a user input for selecting an opacity or color), and when changes to the visibility-related parameters are input through the user interface, the processor is further configured to change visibility-related parameters for pieces of preset data corresponding to each of the plurality of object bodies according to the changes and provided pieces of changed data to the display ([0352] discloses in response to the opacity or color being set the display applies the opacity or color to the displayed 3D volume. [0332] discloses displaying each of the tissues in different colors).
Regarding claims 7 and 18, Kim in view of Zhu teaches the apparatus of claim 6 and the method of claim 17, as set forth above. Kim further teaches a class selection portion configured to select any one of the plurality of predetermined classes ([0318] discloses the apparatus 100 includes a portion where the user can preset the 3D rendering properties applies to specific internal structures), wherein, when changes to the visibility-related parameters are input through the user interface, the processor is further configured to change visibility-related parameters included in pieces of preset data of the plurality of object bodies corresponding to a class selected by the class selection portion among the plurality of object bodies according to a user's input ([0318] discloses the user presets the 3D rendering properties for the internal structures, such that they are set to be rendered as specific colors. Also see [0332]).
Regarding claim 8, Kim in view of Zhu teaches the apparatus of claim 6, as set forth above. Kim further teaches the display is further configured to, when receiving the pieces of changed data from the processor, render and output the three-dimensional volume data of the object changed based on the changed data ([0352] discloses in response to the opacity or color being set the display applies the opacity or color to the displayed 3D volume. [0332] discloses displaying each of the tissues in different colors).
Regarding claim 9, Kim in view of Zhu teaches the apparatus of claim 6, as set forth above. Kim further teaches the processor further comprises a data storage portion configured to store the plurality of pieces of preset data corresponding to each of the plurality of object bodies ([0317] discloses storing characteristics related to each of the volumes), and
when receiving the changes from the user interface, is further configured to receive the plurality of preset data from the data storage portion and change visibility-related parameters included in the plurality of pieces of preset data received from the data storage portion, according to the changes ([0352] discloses in response to the opacity or color being set the display applies the opacity or color to the displayed 3D volume, thereby changing the color of the plurality of object bodies previously stored. [0332] discloses displaying each of the tissues in different colors).
Regarding claim 19, Kim teaches the method of claim 11, as set forth above. Kim further teaches storing the plurality of pieces of preset data corresponding to each of the plurality of object bodies in a data storage portion included in the ultrasound diagnostic apparatus ([0317] discloses storing characteristics related to each of the volumes).
Regarding claims 10 and 20, Kim in view of Zhu teaches the apparatus of claim 3 and the method of claim 14, as set forth above. Kim further teaches the processor is further configured to: match each of the plurality of object bodies to any one of the plurality of predetermined classes, based on the information about the plurality of predetermined classes and the information about the plurality of organs and a fetus corresponding to each of the plurality of predetermined classes included in the class information storage portion ([0331] discloses determining the tissue corresponding to each of the volumes as being one of a bone, organ dermis, and epidermis of the fetus (predetermined classes). [0134] further discloses determining the point (volume) as being one of a predetermined class based on the intensity value (information) of the point).
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 ANDREW BEGEMAN whose telephone number is (571)272-4744. The examiner can normally be reached Monday-Thursday 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at 5712701790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW W BEGEMAN/Primary Examiner, Art Unit 3798
