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 § 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 8 and 9 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.
The term “higher SNR” in claim 8 is a relative term which renders the claim indefinite. The term “higher” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how the SNR value compares to a frame data. Does applicant mean higher value of SNR in correlation to a smaller number of frames? To what extent or degree, the value will be considered as higher or about to be higher? For examination purposes, the recitation has been interpreted as having any SNR value that improves the quality of the slice/frame/image.
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.
Claims 1-6, 10-17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Huang et al. (US 2022/0117494 A1).
With respect to claim 1, Huang discloses a medical information processing device comprising a processing circuit configured to: acquire first ultrasonic data obtained based on a result of an ultrasonic scan of a subject (see paragraph 0046 and Abstract indicating the signal of an object been detected by the ultrasound device); extract continuously a signal component representing an object from the first ultrasonic data (see paragraph 0125 discussing the continuous acquisition of the signal component pertaining to the ultrasound device representing an object); and output second ultrasonic data, based on the continuously extracted signal component representing the object (see paragraph 0125-0127 indicating that after continuous acquisition, processing said data to generate an image which is considered as the claimed output of the data).
With respect to claim 2, Huang discloses the processing circuit is configured to acquire, as the first ultrasonic data, addition data obtained by collecting a plurality of pieces of frame data that are obtained by the ultrasonic scan and that are continuous in a time direction and adding up the pieces of frame data (see paragraph 0099 discussing the collecting of slices considered as the claimed frame data obtained from the ultrasound signal where there is several slices with different parameters considered as the claim step of adding up the pieces of data by providing at least two slices that adds data to be outputted to the user).
With respect to claim 3, Huang discloses the processing circuit is configured to output, as the second ultrasonic data, synthesis data obtained by synthesizing the first ultrasonic data and the continuously extracted signal component representing the object (see paragraph 0097 discussing the use of the obtained image in conjunction with a model image considered as the claimed synthesis data).
With respect to claim 4, Huang discloses the processing circuit is configured to output, as the second ultrasonic data, correction data obtained by correcting the first ultrasonic data, based on the continuously extracted signal component representing the object (see paragraph 0117 discussing correction data from ultrasound signal).
With respect to claim 5, Huang discloses the processing circuit is configured to, for each of a plurality of attention positions included in the first ultrasonic data, extract a signal component at the attention position as the signal component representing the object (see Abstract and paragraphs 0044-0045 discussing the state of the position of an object to indicate movement), based on a result of comparing a signal value at a position in predetermined attention direction and range with respect to the attention position and a signal value at the attention position (see paragraphs 0091-0094 the direction and range of the signal in order to determine motion hence implicitly stating the signal values are compared for the purpose of detecting motion in the direction and range of the signal component).
With respect to claim 6, Huang discloses the processing circuit is configured to, when the signal value at the attention position is more than or equal to the signal value at the position in the predetermined direction and range, extract the signal component at the attention position as the signal component representing the object (see paragraph 0125 discussing values that correspond to data indicating if the movement state during the time period does or does not satisfy a condition based on the movement state of the object changing over time).
With respect to claim 10, Huang discloses the object includes at least one of blood, an in-body tissue, and a contrast agent (see paragraph 0046 disclosing the imaging of soft tissue or organ of an object).
With respect to claim 11, Huang discloses the processing circuit is configured to specify an improper signal point or an improper frame from the continuously extracted signal component representing the object, and based on a result of specifying the improper signal point or the improper frame, output the second ultrasonic data (see paragraph 0125 discussing values that correspond to data indicating if the movement state during the time period does or does not satisfy a condition based on the movement state of the object changing over time where the times that it does not satisfy a condition is considered as the claimed improper signal point).
With respect to claim 12, Huang discloses the processing circuit is configured to generate the second ultrasonic data by excluding the improper signal point from the signal point after integration (see paragraph 0125 discussing values that correspond to data indicating if the movement state during the time period does or does not satisfy a condition based on the movement state of the object changing over time where the times that it does not satisfy a condition is considered as the claimed improper signal point and therefore, it is not retained hence excluded).
With respect to claim 13, Huang discloses the processing circuit is configured to specify a signal point at a position where a signal extraction frequency is less than a reference, as the improper signal point (see paragraphs 0062-0063 discussing the frequency change between image data to provide quantitative data; e.g., a vibration displacement; of the object that reflects movement information of the object compared to the image data with a frequency where there is no displacement).
With respect to claim 14, Huang discloses the processing circuit is configured to specify a frame in which a change in number of extraction signals in a frame direction is more than a reference, as the improper frame (see paragraph 0125 discussing values that correspond to data indicating if the movement state during the time period does or does not satisfy a condition based on the movement state of the object changing over time where the times that it does not satisfy a condition is considered as the claimed improper frame).
With respect to claim 15, Huang discloses the processing circuit is configured to divide the first ultrasonic data into a plurality of pieces of ultrasonic data, extract a peak from each of the pieces of ultrasonic data, and extract third ultrasonic data, assign the third ultrasonic data to a corresponding position on the first ultrasonic data and generate fourth ultrasonic data, and combine the fourth ultrasonic data and generate the second ultrasonic data (see paragraph 0111 discussing the use of motion amplitude, speed and intensity where the intensity is compared to a threshold considered as the claimed peak from each of the pieces since it is the maximum allowed compared to said threshold where data is combined according to a group of parameters as discussed in paragraph 0123).
With respect to claim 16, Huang discloses an ultrasonic diagnosis device comprising: a transmitter/receiver circuit configured to cause an ultrasonic probe to perform an ultrasonic scan (see paragraph 0046 discussing the ultrasound device with transmission and reception elements); and a processing circuit configured to: acquire first ultrasonic data obtained based on a result of the ultrasonic scan of a subject (see processor #120 in Figure 1 and paragraph 0046 and Abstract indicating the signal of an object been detected/acquired by the ultrasound device); extract continuously a signal component representing an object from the first ultrasonic data (see paragraph 0125 discussing the continuous acquisition of the signal component pertaining to the ultrasound device representing an object); and output second ultrasonic data, based on the continuously extracted signal component representing the object (see paragraph 0125-0127 indicating that after continuous acquisition, processing said data to generate an image which is considered as the claimed output of the data).
With respect to claim 17, Huang discloses a medical information processing method comprising: acquiring first ultrasonic data obtained based on a result of an ultrasonic scan of a subject (see paragraph 0046 and Abstract indicating the signal of an object been detected/acquired by the ultrasound device); extracting continuously a signal component representing an object from the first ultrasonic data (see paragraph 0125 discussing the continuous acquisition of the signal component pertaining to the ultrasound device representing an object); and outputting second ultrasonic data, based on the continuously extracted signal component representing the object (see paragraph 0125-0127 indicating that after continuous acquisition, processing said data to generate an image which is considered as the claimed output of the data).
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.
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.
Claims 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2022/0117494 A1).in view of Maltz (US 2021/0104080 A1).
With respect to claim 8, Huang discloses the processing circuit is configured to input a plurality of pieces of frame data that are obtained by the ultrasonic scan of the subject (see paragraph 0099 discussing the collecting of slices considered as the claimed frame data obtained from the ultrasound signal where there is several slices with different parameters) and that are continuous in the time direction, upon input of a plurality of pieces of frame data that are obtained by the ultrasonic scan and that are continuous in the time direction (see paragraph 0125 discussing the continuous acquisition of the signal component pertaining to the ultrasound device representing an object), outputs a single piece of ultrasonic data, and acquire the single piece of ultrasonic data output from the trained data, as the first ultrasonic data (see paragraph 0125-0127 indicating that after continuous acquisition, processing said data to generate an image which is considered as the claimed output of the data).
Furthermore, Huang discloses the claimed invention as stated above except for specifying that the data is provided to a trained model and outputs ultrasonic data with a SN ratio. However, Maltz discloses the use of a trained model (see paragraph 0085) and outputs ultrasonic data with a SN ratio (see paragraph 0115). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to use of a trained model and outputs ultrasonic data with a SN ratio as taught by Maltz in combination with Huang’s data and output for the purpose of improving the determination accuracy and image quality by reducing the effects caused by, e.g., the scatter and the beam hardening, reducing image degradation noise, improving contrast, signal-to-noise ratio, resolution, or the like, or a combination thereof as taught by Maltz (according to paragraph 0115).
With respect to claim 9, Huang discloses the processing circuit is configured to input the first ultrasonic data that, upon input of a single piece of ultrasonic data are obtained by the ultrasonic scan and that are continuous in the time direction (see paragraph 0099 discussing the collecting of slices considered as the claimed frame data obtained from the ultrasound signal where there is several slices with different parameters), continuously outputs the signal component representing the object included in the ultrasonic data, and acquire the continuously extracted signal component representing the object (see paragraph 0125-0127 indicating that after continuous acquisition, processing said data to generate an image which is considered as the claimed output of the data).
Furthermore, Huang discloses the claimed invention as stated above except for specifying that the data is provided to a trained model and outputs ultrasonic data with a SN ratio. However, Maltz discloses the use of a trained model (see paragraph 0085) and outputs ultrasonic data with a SN ratio (see paragraph 0115). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to use of a trained model and outputs ultrasonic data with a SN ratio as taught by Maltz in combination with Huang’s data and output for the purpose of improving the determination accuracy and image quality by reducing the effects caused by, e.g., the scatter and the beam hardening, reducing image degradation noise, improving contrast, signal-to-noise ratio, resolution, or the like, or a combination thereof as taught by Maltz (according to paragraph 0115).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art cited in the PTO 892 not relied upon discloses ultrasound devices that acquire image data that can be provided to a learning machine to improve the quality and reliability of the patient’s motion assessment during the imaging process.
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/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798