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 .
Election/Restrictions
Applicant’s response to the election of species requirement without traverse filed on 12/22/2025 is acknowledged.
Claims 1-2, 10-14, 20 remain pending in the current application.
It is noted that claims 4-5, 7-8, 16-17, and 19 are withdrawn from consideration as a result of their respective dependencies on claims withdrawn by applicant in the response to the election of species requirement.
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 1-2, 10-14, and 20 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.
Claims 1, 13, and 20 recite the limitation “the trajectory curve cuts away the three-dimensional volume data”. It is unclear what the process of “cutting away” comprises as claimed by the applicant. This process is only mentioned in paragraph [0109] of the specification which does not add more detail. For the purposes of this office action, any prior art that calculates trajectories in three-dimensional space will be considered analogous to the limitation in question.
Dependent claims rejected by virtue of their dependency.
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.
Claim(s) 1-2, 10-14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (CN105433980A) in view of Ponomarev (US 20040114800 A1) and Manzke (US 20140155737 A1).
Regarding claim 1, Tang teaches an ultrasonic imaging method ([0006] an ultrasound imaging method)
transmitting an ultrasonic wave to a uterine region of an object to be detected for volume scanning ([0037] transmits ultrasound waves to the uterus of the person to be examined through the probe; [0047] 3D volume data model)
receiving an ultrasonic echo reflected from the uterine region of the object to be detected, and acquiring an ultrasonic echo signal based on the ultrasonic echo ([0037] receives the ultrasound beams returned from the uterus, and sends them to the image processor after beam synthesis to form an ultrasound image)
processing the ultrasonic echo signal to obtain three-dimensional volume data of the uterine region of the object to be detected ([0037] receives the ultrasound beams returned from the uterus, and sends them to the image processor after beam synthesis to form an ultrasound image; [0006] The present invention provides an ultrasound imaging method for 3D imaging; [0047] 3D volume data model)
so as to obtain position information of the identified endometrium ([0038] As shown in Figure 7, the 3D ultrasound image includes: A section, B section, C section, and 3D image. The A, B, and C sections are section images along the X-axis, Y-axis, and Z-axis respectively, and the A and B planes are commonly used as endometrial observation planes)
wherein the position information represents a position of the identified endometrium in the three-dimensional volume data ([0038] As shown in Figure 7, the 3D ultrasound image includes: A section, B section, C section, and 3D image. The A, B, and C sections are section images along the X-axis, Y-axis, and Z-axis respectively, and the A and B planes are commonly used as endometrial observation planes; a sagittal view of the uterus is visible in the third quadrant of fig. 7)
performing imaging on the identified endometrium based on the three-dimensional volume data according to the position information of the identified endometrium ([0039] a 3D image of the endometrium is usually required; [0040] extract partial images of the endometrium)
so as to obtain an image of the identified endometrium ([0041] the endometrium needs to be extracted from the entire uterine ultrasound image)
and displaying the image of the identified endometrium (Fig. 7 is displayed image)
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Tang fails to teach identifying an endometrium from the three-dimensional volume data and the obtained image of the identified endometrium comprises a Computed Multiplanar Reformation (CMPR) imaging of the identified endometrium, the CMPR imaging of the identified endometrium involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data of the uterine region, and the trajectory curve of the endometrium cuts away the three-dimensional volume data of the uterine region to obtain a profile image of the trajectory curve of the endometrium.
However, Ponomarev teaches identifying an endometrium from the three-dimensional volume data ([0017] a computer-implemented method for object identification through segmentation. The computer-implemented method allows for segmenting homogenous or inhomogeneous objects of rather uniform dimensions and geometry in 2-dimensional or 3-dimensional images; [0142] Any tissue sample from a subject may be used. Examples of tissue samples that may be used include, but are not limited to… endometrium; [0069] The matrix of centroids is the resulting three-dimensional map of the objects in the image that can be studied further).
Tang and Ponomarev are considered analogous because both are drawn to medical image analysis. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use a segmentation-based approach to identify an endometrium from the three-dimensional data in order to be applied in areas where objects need to be quickly identified based on geometrical properties (Ponomarev [0016])
Tang in view of Pomonarev fails to teach the obtained image of the identified endometrium comprises a Computed Multiplanar Reformation (CMPR) imaging of the identified endometrium, the CMPR imaging of the identified endometrium involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data of the uterine region, and the trajectory curve of the endometrium cuts away the three-dimensional volume data of the uterine region to obtain a profile image of the trajectory curve of the endometrium.
However, Manzke teaches the obtained image comprises a Computed Multiplanar Reformation (CMPR) imaging ([0006] registering the three-dimensional structure having the shape sensing device therein with an image volume; and generating a curved multi-planar reconstruction (CMPR) image from the shape sensing data)
the CMPR imaging involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data and the trajectory curve cuts away the three-dimensional volume data to obtain a profile image of the trajectory curve ([0016] acquisition of k-space trajectories following the orthogonal Cartesian coordinate system (e.g., rectilinear imaging)… processing method that captures micrometer-resolution, three-dimensional images from within optical scattering media (e.g., biological tissue))
Tang and Manzke are considered analogous because both disclose three-dimensional medical imaging methods. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to image an endometrium as disclosed in Tang with a CMPR imaging method as disclosed in Manzke in order to reduce tedium when generating path data (e.g., the curved line) (Manzke [0003])
Regarding claim 2, Tang teaches a difference between the endometrium image characteristic and a basal tissue image characteristic of an uterus or according to a periodically changing morphological characteristic of an endometrium in an uterine region, to obtain the position information ([0020] After the doctor obtains the 3D ultrasound image of the uterus including the endometrium, he extracts the partial image of the endometrium, rotates the ultrasound image so that the endometrial image is horizontal, and then adjusts the shear line so that the axial direction corresponds to the endometrium)
Tang fails to teach identifying the endometrium from the three-dimensional volume data.
However, Ponomarev teaches identifying an endometrium from the three-dimensional volume data ([0017] a computer-implemented method for object identification through segmentation. The computer-implemented method allows for segmenting homogenous or inhomogeneous objects of rather uniform dimensions and geometry in 2-dimensional or 3-dimensional images; [0142] Any tissue sample from a subject may be used. Examples of tissue samples that may be used include, but are not limited to… endometrium; [0069] The matrix of centroids is the resulting three-dimensional map of the objects in the image that can be studied further).
Tang and Ponomarev are considered analogous because both are drawn to medical image analysis. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use a segmentation-based approach to identify an endometrium from the three-dimensional data in order to be applied in areas where objects need to be quickly identified based on geometrical properties (Ponomarev [0016])
Regarding claim 10, Tang teaches extracting a sagittal section image comprising the identified endometrium from the three-dimensional volume data according to the position information of the identified endometrium ([0038] As shown in Figure 7, the 3D ultrasound image includes: A section, B section, C section, and 3D image. The A, B, and C sections are section images along the X-axis, Y-axis, and Z-axis respectively, and the A and B planes are commonly used as endometrial observation planes; a sagittal view of the uterus is visible in the third quadrant of fig. 7)
and automatically generating a line of trajectory of the identified endometrium in the sagittal section image; and performing curved planar imaging of the identified endometrium for the three-dimensional volume data according to the line of trajectory, so as to obtain the image of the identified endometrium ([0053] The ROI shear line is spliced by two curves. The two curves are located in the A and B planes respectively. When the intima is curved, the inflection point of the intima can be found by moving the ROI shear in the A plane and the B plane. From the middle control point of the tangent line to the inflection point, the adjustment of the ROI shear line can be realized; [0055] Obtain a 3D image of the endometrium extracted according to the adjusted ROI shear line)
Regarding claim 11, Tang teaches a position of the identified endometrium in a sagittal plane and a position of the identified endometrium in a transverse plane ([0053] The two curves are located in the A and B planes respectively)
and automatically generating a line of trajectory of the identified endometrium in the sagittal section image comprises: adjusting an orientation of the three-dimensional volume data of the uterine region until the position of the identified endometrium in the transverse plane conforms to a preset position of the identified endometrium in the transverse plane ([0053] the inflection point of the intima can be found by moving the ROI shear in the A plane and the B plane. From the middle control point of the tangent line to the inflection point, the adjustment of the ROI shear line can be realized)
and determining the position of the identified endometrium in the sagittal plane based on the three-dimensional volume data with the adjusted orientation of the uterine region, and automatically fitting the line of trajectory of the identified endometrium in the sagittal section image according to the position of the identified endometrium in the sagittal plane ([0057] through the above method, after the doctor obtains the 3D ultrasound image of the uterus including the endometrium, he extracts the partial image of the endometrium, rotates the ultrasound image so that the endometrial image is horizontal, and then adjusts the shear line axially. Corresponds to the endometrium, thereby automatically obtaining a 3D image of the endometrium)
Regarding claim 12, Tang teaches acquiring edge information of the identified endometrium in the sagittal section image according to the position information of the identified endometrium ([0043] the Canny operator is used to obtain the edge of the endometrial image and the endometrial line that approximates the uterus is obtained)
determining an image drawing region according to the edge information and the line of trajectory ([0043] the endometrial line that approximates the uterus is obtained)
and performing curved planar imaging of the identified endometrium for target three-dimensional volume data corresponding to the image drawing region ([0053] The ROI shear line is spliced by two curves. The two curves are located in the A and B planes respectively. When the intima is curved, the inflection point of the intima can be found by moving the ROI shear in the A plane and the B plane. From the middle control point of the tangent line to the inflection point, the adjustment of the ROI shear line can be realized)
so as to obtain an image of the identified endometrium that reflects a thickness of the identified endometrium ([0043] the large and thick uterine capsule border can be removed, leaving only the internal endometrium area).
Regarding claim 13, Tang teaches an ultrasound imaging device ([0002] ultrasonic imaging method, device and ultrasonic equipment)
comprising a probe ([0037] The operator holds a probe in his hand)
a transmitting circuit configured to excite the probe to transmit an ultrasonic wave to an object to be detected for volume scanning a transmitting or receiving selection switch, a receiving circuit configured to receive, by the probe, an ultrasonic echo reflected from the object to be detected, so as to obtain an ultrasonic echo signal or data ([0037] transmits ultrasound waves to the uterus of the person to be examined through the probe, receives the ultrasound beams returned from the uterus).
a beam synthesis circuit configured to perform beam synthesis processing on the ultrasonic echo signal or data to obtain an ultrasonic echo signal or data which has been subjected to beam synthesis ([0037] and sends them to the image processor after beam synthesis to form an ultrasound image)
a processor configured to: process the ultrasonic echo signal which have been subjected to beam synthesis, so as to obtain three-dimensional volume data of an uterine region of the object to be detected ([0037] receives the ultrasound beams returned from the uterus, and sends them to the image processor after beam synthesis to form an ultrasound image; [0006] The present invention provides an ultrasound imaging method for 3D imaging; [0047] 3D volume data model)
so as to obtain position information of the identified endometrium ([0038] As shown in Figure 7, the 3D ultrasound image includes: A section, B section, C section, and 3D image. The A, B, and C sections are section images along the X-axis, Y-axis, and Z-axis respectively, and the A and B planes are commonly used as endometrial observation planes)
wherein the position information represents a position of the identified endometrium in the three-dimensional volume data ([0038] As shown in Figure 7, the 3D ultrasound image includes: A section, B section, C section, and 3D image. The A, B, and C sections are section images along the X-axis, Y-axis, and Z-axis respectively, and the A and B planes are commonly used as endometrial observation planes; a sagittal view of the uterus is visible in the third quadrant of fig. 7)
performing imaging on the identified endometrium based on the three-dimensional volume data according to the position information of the identified endometrium ([0039] a 3D image of the endometrium is usually required; [0040] extract partial images of the endometrium)
so as to obtain an image of the identified endometrium ([0041] the endometrium needs to be extracted from the entire uterine ultrasound image)
and displaying the image of the identified endometrium (Fig. 7 is displayed image)
PNG
media_image1.png
449
493
media_image1.png
Greyscale
Tang fails to teach identifying an endometrium from the three-dimensional volume data and the obtained image of the identified endometrium comprises a Computed Multiplanar Reformation (CMPR) imaging of the identified endometrium, the CMPR imaging of the identified endometrium involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data of the uterine region, and the trajectory curve of the endometrium cuts away the three-dimensional volume data of the uterine region to obtain a profile image of the trajectory curve of the endometrium.
However, Ponomarev teaches identifying an endometrium from the three-dimensional volume data ([0017] a computer-implemented method for object identification through segmentation. The computer-implemented method allows for segmenting homogenous or inhomogeneous objects of rather uniform dimensions and geometry in 2-dimensional or 3-dimensional images; [0142] Any tissue sample from a subject may be used. Examples of tissue samples that may be used include, but are not limited to… endometrium; [0069] The matrix of centroids is the resulting three-dimensional map of the objects in the image that can be studied further).
Tang and Ponomarev are considered analogous because both are drawn to medical image analysis. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use a segmentation-based approach to identify an endometrium from the three-dimensional data in order to be applied in areas where objects need to be quickly identified based on geometrical properties (Ponomarev [0016])
Tang in view of Pomonarev fails to teach the obtained image of the identified endometrium comprises a Computed Multiplanar Reformation (CMPR) imaging of the identified endometrium, the CMPR imaging of the identified endometrium involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data of the uterine region, and the trajectory curve of the endometrium cuts away the three-dimensional volume data of the uterine region to obtain a profile image of the trajectory curve of the endometrium.
However, Manzke teaches the obtained image comprises a Computed Multiplanar Reformation (CMPR) imaging ([0006] registering the three-dimensional structure having the shape sensing device therein with an image volume; and generating a curved multi-planar reconstruction (CMPR) image from the shape sensing data)
the CMPR imaging involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data and the trajectory curve cuts away the three-dimensional volume data to obtain a profile image of the trajectory curve ([0016] acquisition of k-space trajectories following the orthogonal Cartesian coordinate system (e.g., rectilinear imaging)… processing method that captures micrometer-resolution, three-dimensional images from within optical scattering media (e.g., biological tissue))
Tang and Manzke are considered analogous because both disclose three-dimensional medical imaging methods. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to image an endometrium as disclosed in Tang with a CMPR imaging method as disclosed in Manzke in order to reduce tedium when generating path data (e.g., the curved line) (Manzke [0003])
Regarding claim 14, Tang teaches a difference between the endometrium image characteristic and a basal tissue image characteristic of an uterus or according to a periodically changing morphological characteristic of an endometrium in an uterine region, to obtain the position information ([0020] After the doctor obtains the 3D ultrasound image of the uterus including the endometrium, he extracts the partial image of the endometrium, rotates the ultrasound image so that the endometrial image is horizontal, and then adjusts the shear line so that the axial direction corresponds to the endometrium)
Tang fails to teach identifying the endometrium from the three-dimensional volume data.
However, Ponomarev teaches identifying an endometrium from the three-dimensional volume data ([0017] a computer-implemented method for object identification through segmentation. The computer-implemented method allows for segmenting homogenous or inhomogeneous objects of rather uniform dimensions and geometry in 2-dimensional or 3-dimensional images; [0142] Any tissue sample from a subject may be used. Examples of tissue samples that may be used include, but are not limited to… endometrium; [0069] The matrix of centroids is the resulting three-dimensional map of the objects in the image that can be studied further).
Tang and Ponomarev are considered analogous because both are drawn to medical image analysis. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use a segmentation-based approach to identify an endometrium from the three-dimensional data in order to be applied in areas where objects need to be quickly identified based on geometrical properties (Ponomarev [0016])
Regarding claim 20, Tang teaches a non-transitory computer-readable storage medium storing instructions which, when executed by one or more processors, cause the one or more processors to perform operation ([0006] an ultrasound imaging method; [0096] it should be noted that those skilled in the art can understand that all or part of the steps in the various methods of the above embodiments can be completed by instructing relevant hardware through a program, and the program can be stored in a computer-readable storage)
transmitting an ultrasonic wave to a uterine region of an object to be detected for volume scanning ([0037] transmits ultrasound waves to the uterus of the person to be examined through the probe; [0047] 3D volume data model)
receiving an ultrasonic echo reflected from the uterine region of the object to be detected, and acquiring an ultrasonic echo signal based on the ultrasonic echo ([0037] receives the ultrasound beams returned from the uterus, and sends them to the image processor after beam synthesis to form an ultrasound image)
processing the ultrasonic echo signal to obtain three-dimensional volume data of the uterine region of the object to be detected ([0037] receives the ultrasound beams returned from the uterus, and sends them to the image processor after beam synthesis to form an ultrasound image; [0006] The present invention provides an ultrasound imaging method for 3D imaging; [0047] 3D volume data model)
so as to obtain position information of the identified endometrium ([0038] As shown in Figure 7, the 3D ultrasound image includes: A section, B section, C section, and 3D image. The A, B, and C sections are section images along the X-axis, Y-axis, and Z-axis respectively, and the A and B planes are commonly used as endometrial observation planes)
wherein the position information represents a position of the identified endometrium in the three-dimensional volume data ([0038] As shown in Figure 7, the 3D ultrasound image includes: A section, B section, C section, and 3D image. The A, B, and C sections are section images along the X-axis, Y-axis, and Z-axis respectively, and the A and B planes are commonly used as endometrial observation planes; a sagittal view of the uterus is visible in the third quadrant of fig. 7)
performing imaging on the identified endometrium based on the three-dimensional volume data according to the position information of the identified endometrium ([0039] a 3D image of the endometrium is usually required; [0040] extract partial images of the endometrium)
so as to obtain an image of the identified endometrium ([0041] the endometrium needs to be extracted from the entire uterine ultrasound image)
and displaying the image of the identified endometrium (Fig. 7 is displayed image)
PNG
media_image1.png
449
493
media_image1.png
Greyscale
Tang fails to teach identifying an endometrium from the three-dimensional volume data and the obtained image of the identified endometrium comprises a Computed Multiplanar Reformation (CMPR) imaging of the identified endometrium, the CMPR imaging of the identified endometrium involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data of the uterine region, and the trajectory curve of the endometrium cuts away the three-dimensional volume data of the uterine region to obtain a profile image of the trajectory curve of the endometrium.
However, Ponomarev teaches identifying an endometrium from the three-dimensional volume data ([0017] a computer-implemented method for object identification through segmentation. The computer-implemented method allows for segmenting homogenous or inhomogeneous objects of rather uniform dimensions and geometry in 2-dimensional or 3-dimensional images; [0142] Any tissue sample from a subject may be used. Examples of tissue samples that may be used include, but are not limited to… endometrium; [0069] The matrix of centroids is the resulting three-dimensional map of the objects in the image that can be studied further).
Tang and Ponomarev are considered analogous because both are drawn to medical image analysis. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use a segmentation-based approach to identify an endometrium from the three-dimensional data in order to be applied in areas where objects need to be quickly identified based on geometrical properties (Ponomarev [0016])
Tang in view of Pomonarev fails to teach the obtained image of the identified endometrium comprises a Computed Multiplanar Reformation (CMPR) imaging of the identified endometrium, the CMPR imaging of the identified endometrium involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data of the uterine region, and the trajectory curve of the endometrium cuts away the three-dimensional volume data of the uterine region to obtain a profile image of the trajectory curve of the endometrium.
However, Manzke teaches the obtained image comprises a Computed Multiplanar Reformation (CMPR) imaging ([0006] registering the three-dimensional structure having the shape sensing device therein with an image volume; and generating a curved multi-planar reconstruction (CMPR) image from the shape sensing data)
the CMPR imaging involves taking a trajectory curve of the endometrium in a section image of the three-dimensional volume data and the trajectory curve cuts away the three-dimensional volume data to obtain a profile image of the trajectory curve ([0016] acquisition of k-space trajectories following the orthogonal Cartesian coordinate system (e.g., rectilinear imaging)… processing method that captures micrometer-resolution, three-dimensional images from within optical scattering media (e.g., biological tissue))
Tang and Manzke are considered analogous because both disclose three-dimensional medical imaging methods. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to image an endometrium as disclosed in Tang with a CMPR imaging method as disclosed in Manzke in order to reduce tedium when generating path data (e.g., the curved line) (Manzke [0003])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL VICTOR POPESCU whose telephone number is (571)272-7065. The examiner can normally be reached M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIEL VICTOR POPESCU/ Examiner, Art Unit 3798
/PASCAL M BUI PHO/ Supervisory Patent Examiner, Art Unit 3798