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 Objections
Claims 1, 3, 14 and 19 are objected to because of the following informalities:
Claims 1, 14 and 19 claimed a cross-modality side branch matching system. However, none of the limitations/features concern the identification of side branches.
Claim 3 has a typo “3. The apparatus method of claim 1, …” (emphasis added).
Appropriate correction is required.
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)(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.
Claim(s) 1 – 8 and 14 - 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dascal et al. (US Patent Application Publication 2016/0174925, IDS), hereinafter referred as Dascal.
Regarding claim 1, Dascal discloses an apparatus (Fig. 1) for a cross-modality side branch matching system ([0027]: "In one embodiment, the method further includes
identifying a side branch"), the apparatus, comprising:
a processor ([0082]) and a memory storage device ([0080]) coupled to the processor, the memory storage device comprising instructions executable by the processor, which instructions when executed cause the apparatus to:
receive a plurality of extravascular image frames associated with a vessel of a patient ([0066]: "acquiring angiographic images.");
identify locations of key points in a first frame of the plurality extravascular image frames ([0112]: "Radio-opaque marker tracking and/or marker detecting is angiography frames is performed". Markers are key points);
identify locations of the key points in a second frame of the plurality of extravascular image frames based in part on the locations of the key points in the first frame ([0112] discloses that the tracking is performed on several frames, using a Viterbi algorithm. A Viterbi algorithm is iterative in that the result from previous frames are used to track in the current frames (using a motion model)); and
co-register a plurality of intravascular image frames with the first frame based in part on the locations of the key points in the first frame; or
co-register the plurality of intravascular image frames with the second frame based in part on the locations of the key points in the second frame; or
co-register a plurality of intravascular image frames with the first frame based in part on the locations of the key points in the first frame and co-registering the plurality of intravascular image frames with the second frame based in part on the locations of the key points in the second frame ([0112]: "Co-registering OCT images and angiography images is performed". Also [0148]: "co-registering of all combinations of OCT and angiography frames based on calculated marker position in terms of arc length can be performed.").
Regarding claim 2 (depends on claim 1), Dascal discloses the apparatus, instructions when executed further cause the apparatus to:
generate a first graphical indication of the first frame co-registered with the plurality of intravascular image frames and a second graphical indication of the second frame co-registered with the plurality of intravascular image frames ([0101] discloses that cardiac motion can be taken into account for the tracking and therefore also for the registration; [0106] discloses that the images are acquired and processed in real time, so that they are synchronized with the cardiac motion.); and
send the first graphical indication and the second graphical indication to a display device to display the co-registered plurality of intravascular images in synchronization with a cardiac motion associated with the plurality of extravascular image frames ([0083] discloses that the co-registered frames are displayed. Cf. also [0156]: "The user is presented with graphic representations of the intravascular and angiographic images, and with the correspondence between the two".).
Regarding claim 3 (depends on claim 1), Dascal discloses the apparatus wherein the plurality of image frames are image frames from a cine loop captured during a fluoroscopy procedure ([0088]: "an angiography system 20 such as suitable for generating cines is shown. The angiography system 20 can include a fluoroscopy system.").
Regarding claim 4 (depends on claim 1), Dascal discloses the apparatus wherein the plurality of intravascular image frames are intravascular ultrasound (IVUS) image frames ([0088]: "IVUS").
Regarding claim 5 (depends on claim 1), Dascal discloses the apparatus the instructions when executed further cause the apparatus to:
receive an additional extravascular image frame ([0112] discloses that the tracking is performed on several frames);
identify locations of the key points in the additional extravascular frame based in part on the locations of the key points in the second frame ([0112]: "Radio-opaque marker tracking and/or marker detecting is angiography frames is performed". Markers are key points); and
co-register the plurality of intravascular image frames with the additional extravascular image frame based in part on the locations of the key points in the additional extravascular image frame ([0112]: "Co-registering OCT images and angiography images is performed". Also [0148]: "co-registering of all combinations of OCT and angiography frames based on calculated marker position in terms of arc length can be performed.").
Regarding claim 6 (depends on claim 5), Dascal discloses the apparatus the instructions when executed to receive the additional extravascular image frame further causes the apparatus to receive the additional extravascular image frame during an extravascular imaging procedure ([0106] discloses that the images are acquired and processed in real time, so that they are synchronized with the cardiac motion.).
Regarding claim 7 (depends on claim 6), Dascal discloses the apparatus the instructions when executed to identify the locations of the key points in the first frame further causes the apparatus to: identify catheter locations in the first frame ([0125] discloses that a centerline of the vessel is identified by using (i.e. tracking) the imaging probe catheter.); identify a centerline of the vessel in the first frame based in part on the at catheter locations ([0125] discloses that a centerline of the vessel is identified by using (i.e. tracking) the imaging probe catheter.); and identify locations of side branches of the vessel along the centerline ([0125] further discloses that the skeletons obtained from the centerlines is used to identify the. side branches.).
Regarding claim 8 (depends on claim 6), Dascal discloses the apparatus the instructions when executed to identify the catheter locations in the first frame further causes the apparatus to:
infer, using a tip identification machine learning (ML) model, a location of a tip of an imaging catheter in the first frame; or
receive, from an input device coupled to the computing device, an indication of the location of the tip of the imaging catheter in the first frame ([0162] discloses that "the centerline of the vessel is determined from the path of a guidewire or catheter that is tracked by a: tracking system such as the Medical Position System of Mediguide during its advancement through the vessel.", Thus, the "location of the tip of the imaging catheter" is received.).
Regarding claims 14 – 18, they are corresponding to claims 1 – 5, respectively, thus, they are interpreted and rejected for the same reason set forth for claims 1 – 5.
Regarding claims 19 – 20, they are corresponding to claims 1 – 2, respectively, thus, they are interpreted and rejected for the same reason set forth for claims 1 – 2.
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.
Claim(s) 9 and 11 – 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dascal in view of Wang et al. (US Patent Application Publication 2012/0059253, IDS), hereinafter referred as Wang.
Regarding claim 9 (depends on claim 8), Dascal discloses the apparatus the instructions when executed to identify the catheter locations in the first frame further causes the apparatus to infer a location of an entry point of the guide catheter in the first frame ([0125] discloses that a centerline of the vessel is identified by using (i.e. tracking) the imaging probe catheter.).
However, Dascal fails to explicitly disclose the apparatus wherein infer the location using an entry point identification ML model.
However, in a similar field of endeavor Wang discloses a system for co-registration of angiography data and intra vascular ultrasound (IVUS) data (abstract). In addition, Wang discloses wherein infer the location using an entry point identification ML model ([0038 – 0039]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Dascal, and infer the location using an entry point identification ML model. The motivation for doing this is that location determination can be more accurate.
Regarding claim 11 (depends on claim 9), Dascal discloses the apparatus the instructions when executed to identify the locations of the key points in the second frame of the plurality of extravascular image frames based in part on the locations of the key points in the first frame further causes the apparatus to:
track the catheter locations between the first frame and the second frame; track the locations of the side branches of the vessel between the first frame and the second frame; and identify the centerline of the vessel in the second frame based in part on the locations of the tip of the guide catheter, the entry point of the guide catheter, and the side branches ([0125]-[0128]. In particular, [0127] discloses that small branches can be removed to better identify the centerline).
Regarding claim 12 (depends on claim 9), Wang discloses the apparatus the instructions when executed to identify the locations of the key points in the first frame further causes the apparatus to: infer using the tip identification ML model, a location of the tip of the guide catheter in each of the plurality of extravascular image frames, wherein a confidence value, for each inference of the location of the tip of the guide catheter, is output from the tip identification ML model; select the first frame as the one of the plurality of extravascular image frames associated with the highest confidence value ([0038 – 0039, 0044], these are standard feature of machine learning (i.e. select the result with the highest confidence)).
Regarding claim 13 (depends on claim 9), Dascal discloses the apparatus the instructions when executed to identify the locations of the key points in the first frame further causes the apparatus to: identify a contrast for each of the plurality of extravascular image frames; and select the first frame as the one of the plurality of extravascular image frames having the viable image quality ([0113]-[0114] computing a confidence score relating to the quality of the image, based e.g. on the contrast, and discarding images having a low score. Thus, the features of claim 13 would be trivial for the skilled person.).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dascal in view of Wang, and in further view of Liu et al. (US Patent Application Publication 2023/0128130), hereinafter referred as Liu.
Regarding claim 10 (depends on claim 9), Dascal discloses the apparatus the instructions when executed to co-register the plurality of intravascular image frames with the first frame based in part on the locations of the key points in the first frame further causes the apparatus to:
receive the plurality of intravascular image frames ([0066]: "acquiring angiographic images.");
identify a subset of frames of the plurality of intravascular image frames associated with a side branch ([0125]-[0128] discloses the detection of the location of side branches, in particular based on the centerlines);
map the plurality of intravascular image frames onto the centerline based in part on the subset of frames of the plurality of intravascular image frames associated with the side branch ([0125]-[0128] discloses the detection of the location of side branches, in particular based on the centerlines).
However, Dascal fails to explicitly disclose the apparatus further comprising match the side branches associated with the first frame with the side branches associated with the subset of frames of the plurality of intravascular image frames; and
adjust locations of the side branches associated with the subset of frames based in part on the matching.
However, in a similar field of endeavor Liu discloses a cross modality image co-registration system ([0054 – 0055]; [0006]: "vascular branch registration, which uses automatic matching of vascular branches to fuse GAG and IVUS images"). In addition, Liu discloses wherein match the side branches associated with the first frame with the side branches associated with the subset of frames of the plurality of intravascular image frames ([0046]: "automatic matching of vascular branches to fuse CAG and IVUS images"); and
adjust locations of the side branches associated with the subset of frames based in part on the matching ([0006] discloses that the registration uses the automatic matching of the branches. By definition, registration is the process of adjusting locations of features of one image on the other image. In particular, a 3D reconstruction is obtained, wherein it is implicit that the side branches from the second image frames have been adjusted to the locations of the side branches on the first image frame (otherwise, the branches would appear twice in the resulting image, which is not desirable)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Dascal, and match the side branches associated with the first frame with the side branches associated with the subset of frames of the plurality of intravascular image frames; and
adjust locations of the side branches associated with the subset of frames based in part on the matching. The motivation for doing this is that location determination can be more accurate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIAN YANG whose telephone number is (571)270-7239. The examiner can normally be reached on Monday-Thursday 8am-6pm.
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/QIAN YANG/
Primary Examiner, Art Unit 2677
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