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 § 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 1-3 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Liao et al. (US 2022/0287687 A1) in view of Nakayama (US 2016/0089090 A1).
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With respect to claim 1, Liao discloses a mammography apparatus comprising (see Figure 1A attached herein showing mammography system #100): a bracket that rotatably supports a radiation source that emits radiation (see adjustable housing #101 that supports the X-ray device #102 as a radiation source that rotates as described in paragraph 0031 wherein the housing #101 is considered as the claimed bracket supporting the radiation source #102), at a plurality of imaging positions where incidence angles of the radiation to a breast of an examinee are different from each other (see paragraphs 0008-0010, 0031 and 0036 discussing the different angles to be used for imaging by rotating the device #101); a display that display an ultrasound image of the breast acquired by an ultrasound probe, and are provided at different positions; and a processor, wherein the processor performs processing of displaying the ultrasound image according to a rotational position of the bracket (see paragraph 0037 discussing the use of a computer interface considered as the use of a processor for processing the information into an image to be displayed in a display unit as discussed in paragraph 0008 and paragraph 0037 from the X-ray device and the ultrasound device #122 as discussed in the Abstract and paragraph 0031).
Furthermore, Liao discloses the claimed invention as stated above except for a plurality of displays that display an ultrasound image of the breast acquired, and are provided at different positions. However, Nakayama discloses a plurality of displays that display an ultrasound image of the breast acquired, and are provided at different positions (see Figure 1 attached herein
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showing monitor #16 and monitor set #20 showing the images taken accordingly as discussed in paragraphs 0061-0066). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have a plurality of displays that display an ultrasound image of the breast acquired, and are provided at different positions as taught by Nakayama in combination with Liao’s display due to design choice since duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); See MPEP 2144.04 Legal Precedent as Source of Supporting Rationale [R-07.2022].
With respect to claim 2, Liao discloses the claimed inventio as stated above except for in a case of switching between the plurality of displays according to the rotational position, in a case where there is the plurality of displays that can be visually recognized by an operator, the processor displays the ultrasound image by preferentially switching to the display close to the breast. However, Nakayama discloses having a plurality of displays that display the image of the breast acquired, and are provided at different positions (see Figure 1 attached herein showing monitor #16 and monitor set #20 showing the images taken as discussed in paragraphs 0061-0066; wherein the user can use a monitor according to his/her preference). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have in a case of switching between the plurality of displays according to the rotational position, in a case where there is the plurality of displays that can be visually recognized by an operator, the processor displays the ultrasound image by preferentially switching to the display close to the breast as taught by Nakayama in combination with Liao’s display due to design choice and user’s preference as an optional step wherein duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); See MPEP 2144.04 Legal Precedent as Source of Supporting Rationale [R-07.2022].
With respect to claim 3, Liao discloses the display is direct-viewing electronic displays (implicitly taught by discussing displayed in a display unit as discussed in paragraph 0008 and paragraph 0037, wherein it is known that display devices require electronic components).
With respect to claim 10, Liao discloses A display method of a mammography apparatus (see Figure 1A attached herein showing mammography system #100), the display method comprising: via a computer, performing processing of displaying an ultrasound image of a breast acquired by an ultrasound probe, a display, which display the ultrasound image (see paragraph 0037 discussing the use of a computer interface considered as the use of a processor for processing the information into an image to be displayed in a display unit as discussed in paragraph 0008 and paragraph 0037 from the X-ray device and the ultrasound device #122 as discussed in the Abstract and paragraph 0031) and are provided at different positions, according to a rotational position of a bracket that rotatably supports a radiation source that emits radiation, at a plurality of imaging positions (see adjustable housing #101 that supports the X-ray device #102 as a radiation source that rotates as described in paragraph 0031 wherein the housing #101 is considered as the claimed bracket supporting the radiation source #102) where incidence angles of the radiation to the breast of an examinee are different from each other (see paragraphs 0008-0010, 0031 and 0036 discussing the different angles to be used for imaging by rotating the device #101).
Furthermore, Liao discloses the claimed invention as stated above except for a plurality of displays that display an ultrasound image of the breast acquired by switching between the plurality of displays. However, Nakayama discloses having a plurality of displays that display the image of the breast acquired, and are provided at different positions (see Figure 1 attached herein showing monitor #16 and monitor set #20 showing the images taken as discussed in paragraphs 0061-0066; wherein the user can use a monitor according to his/her preference). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have in a case of switching between the plurality of displays according to the rotational position, in a case where there is the plurality of displays that can be visually recognized by an operator, the processor displays the ultrasound image by preferentially switching to the display close to the breast as taught by Nakayama in combination with Liao’s display due to design choice for the amount of displays and user’s preference by visually selecting an option of display with no restriction other than user’s preference according to his/her positioning with respect to any display available to look or preferred display location to look at during the procedure; wherein duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); See MPEP 2144.04 Legal Precedent as Source of Supporting Rationale [R-07.2022].
With respect to claim 11 Liao discloses a non-transitory computer-readable storage medium storing a display program of a mammography apparatus (see Figure 1A attached herein showing mammography system #100), the display program causing a computer to execute processing of displaying an ultrasound image of a breast acquired by an ultrasound probe, which display the ultrasound image (see paragraph 0037 discussing the use of a computer interface considered as the use of a processor for processing the information into an image to be displayed in a display unit as discussed in paragraph 0008 and paragraph 0037 from the X-ray device and the ultrasound device #122 as discussed in the Abstract and paragraph 0031) and are provided at different positions, according to a rotational position of a bracket that rotatably supports a radiation source that emits radiation (see adjustable housing #101 that supports the X-ray device #102 as a radiation source that rotates as described in paragraph 0031 wherein the housing #101 is considered as the claimed bracket supporting the radiation source #102), at a plurality of imaging positions where incidence angles of the radiation to the breast of an examinee are different from each other (see paragraphs 0008-0010, 0031 and 0036 discussing the different angles to be used for imaging by rotating the device #101).
Furthermore, Liao discloses the claimed invention as stated above except for a plurality of displays that display an ultrasound image of the breast acquired by switching between the plurality of displays. However, Nakayama discloses having a plurality of displays that display the image of the breast acquired, and are provided at different positions (see Figure 1 attached herein showing monitor #16 and monitor set #20 showing the images taken as discussed in paragraphs 0061-0066; wherein the user can use a monitor according to his/her preference). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have in a case of switching between the plurality of displays according to the rotational position, in a case where there is the plurality of displays that can be visually recognized by an operator, the processor displays the ultrasound image by preferentially switching to the display close to the breast as taught by Nakayama in combination with Liao’s display due to design choice for the amount of displays and user’s preference by visually selecting an option of display with no restriction other than user’s preference according to his/her positioning with respect to any display available to look or preferred display location to look at during the procedure; wherein duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960); See MPEP 2144.04 Legal Precedent as Source of Supporting Rationale [R-07.2022].
Claims 4 is rejected under 35 U.S.C. 103 as being unpatentable over Liao et al. (US 2022/0287687 A1) and Nakayama (US 2016/0089090 A1) in view of Hannemann et al. (2022/0030172 A1)
With respect to claim 4, Liao and Nakayama disclose the claimed invention as stated above except for specifying that a display is projection-type electronic displays which display a projection image from a projector. However, Hannemann discloses a display is projection-type electronic displays which display a projection image from a projector (see paragraphs 0072 and 0107). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have a display is projection-type electronic displays which display a projection image from a projector as taught by Hannemann in combination with Liao and Nakayama’s display units for the purpose of providing an alternative of screen type as a design choice to see an image according to user’s preference to see the image processed or visualized the procedure of rearranged or reposition for acquiring a clear image for diagnosis.
Allowable Subject Matter
Claims 5-9 are 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 mammographic devices including more display devices or including an ultrasound device combined with the X-ray radiation device to image the breast.
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/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798