DETAILED ACTION
This office action is in response to the communication received on April 15, 2026 concerning application No. 18/955,877 filed on November 21, 2024.
Claims 1-3 and 6-11 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 15, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Applicant's arguments filed 04/15/2026 regarding new claims 9-11 have been fully considered but they are not persuasive. In response to the applicant’s arguments that the prior art fails to teach new claims 9-11, examiner respectfully disagrees. See the rejection below for how the prior art is being applied to teach claims 9-11.
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, 3, and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable by Watanabe et al. (US 20200268355, hereinafter Watanabe) in view of He et al. (US 20220287683, hereinafter He).
Regarding claim 1, Watanabe teaches an ultrasound diagnostic apparatus ([0019] ultrasonic diagnostic apparatus 1 in fig. 1) comprising an information processing unit (the electronic circuitry of apparatus 1 in fig. 1) configured to execute:
a B-mode image acquisition process of acquiring B-mode image data for a subject ([0054] “a scan for acquiring B-mode data”. [0066] “An ultrasonic wave is thereby transmitted from the ultrasonic probe 20 to the subject P based on the ultrasonic transmission/reception condition for B-mode scan”);
an attenuation property acquisition process of acquiring attenuation property data for the subject ([0071] “an ultrasonic transmission/reception condition for attenuation imaging mode scan”. Also see [0080]);
an attenuation distribution display process of displaying, on a display device (display 40 in fig. 1), an attenuation distribution image in which an attenuation property map indicated by the attenuation property data is superimposed on a B-mode image indicated by the B-mode image data ([0091] “In display region R20, an imaging ROI I22 is set in an attenuation image B-mode image I21, and an attenuation image I23 overlaps the imaging ROI I22”. Fig. 7 further shows the attenuation image I23 superimposed on a B-mode image I21. [0049] further discloses displaying an attenuation image B-mode image which represents the attenuation property map superimposed on a B-mode image);
a setting process of setting a region of interest on a tomographic plane from which the B-mode image data has been acquired based on a user’s operation ([0035] discloses the input interface 15 receives instructions from the operator. [0060] and [0094] disclose using an input interface 15 to select a imaging and measurement ROI positions) when the attenuation distribution image is displayed on the display device ([0089] discloses four types of images are displayed simultaneously on the display 40 which include the B-mode image I11 and the attenuation image B-mode image I21. [0090]-[0091] discloses setting an imaging ROI in the image while the attenuation image B-mode image I21 is being displayed as one of the four types of images), wherein the information processing unit is configured to execute the setting process when the attenuation distribution image is displayed on the display device ([0090]-[0091] disclose the imaging ROI and measurement ROI are set in the images in the display region which comprise simultaneously displaying the attenuation image and B-mode image, therefore the information processing unit is configured to execute the setting of the ROI when the attenuation distribution image is displayed on the display device); and
an elastic property acquisition process of acquiring elastic property data for the region of interest ([0085] “The processing circuitry 18 also generates elasticity image data that visualizes the shear wave speed in the imaging ROI based on the calculated shear wave speed and a preset color map. The processing circuitry 18 generates elasticity image data that visualizes the Young's modulus in the imaging ROI based on the calculated Young's modulus and a preset color map”).
Watanabe does not specifically teach acquiring elastic property data for the region of interest when it is determined that no artifacts have occurred in the determination region and wherein the information processing unit maintains execution of the attenuation distribution display process without executing the elastic property acquisition process when it is determined that an artifact has occurred in the determination region.
However,
He in a similar field of endeavor teaches acquiring elastic property data for the region of interest when it is determined that no artifacts have occurred in the determination region ([0047]-[0048] discloses when the motion parameter values of the motion states of the imaging lines are less than the preset threshold, shear wave measurement is performed on the tissue in the measurement area, meaning an artifact is not present. [0052]-[0054] disclose using the motion state to avoid large blood vessels (artifacts) within the body) and wherein the information processing unit maintains execution of the display process without executing the elastic property acquisition process when it is determined that an artifact has occurred in the determination region ([0047] discloses when the motion states of imaging lines exceed the threshold range, shear wave measurement is not performed on the tissue in the measurement area, meaning an artifact is present. [0052]-[0054] disclose using the motion state to avoid large blood vessels (artifacts) within the body. Since the shear wave measurement is not being performed the processing unit maintains execution of the display process and does not transition to generating elasticity property data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus disclosed by Watanabe to acquire elastic property data for the region of interest when it is determined that no artifacts have occurred in the determination region and wherein the information processing unit maintains execution of the attenuation distribution display process without executing the elastic property acquisition process when it is determined that an artifact has occurred in the determination region in order to reduce measurement errors, as recognized by He ([0004]).
Regarding claim 3, Watanabe in view of He teaches the apparatus of claim 1, as set forth above. Watanabe further teaches the information processing unit is configured to execute the elastic property acquisition process based on the user’s operation when the attenuation distribution image is displayed on the display device ([0090]-[0091] disclose the imaging ROI and measurement ROI are set in the images in the display region and [0086] discloses generating the elasticity image data in the imaging ROI, therefore the information processing unit is configured to execute the elastic acquisition process based on the user’s operation when the attenuation distribution image is displayed).
Regarding claim 6, Watanabe in view of He teaches the apparatus of claim 1, as set forth above. Watanabe further teaches the setting process includes a process of displaying the attenuation distribution image and the B-mode image side by side on the display device (fig. 7 shows displaying the b-mode image I11 side by side with the attenuation distribution image I23 on the display).
Regarding claim 7, Watanabe in view of He teaches the apparatus of claim 1, as set forth above. Watanabe further teaches the information processing unit is configured to execute an elasticity distribution display process of displaying, on the display device (display 40 in fig. 1), an elasticity distribution image in which an elastic property map indicated by the elastic property data is superimposed on the B-mode image ([0090] discloses displaying the elasticity image I13 overlapping the B-mode image I11. See fig. 7).
Regarding claim 8, Watanabe in view of He teaches the apparatus of claim 1, as set forth above. Watanabe further teaches the information processing unit is further configured to execute: an image combining process of generating attenuation distribution image data in which the attenuation property map is superimposed on the B-mode image based on the B-mode image data and the attenuation property data ([0044] discloses “the ATI processing function 184 is a function for calculating an index value indicating an attenuation of an ultrasonic wave in the subject P based on the reception signal received from the ultrasonic reception circuitry 12. Specifically, through the ATI processing function 184, the processing circuitry 18 performs envelope detection processing, logarithmic compression processing, and the like on the reception signal received from the ultrasonic reception circuitry 12 to generate attenuation image B-mode data that expresses signal intensity by brightness”. [0048] further discloses “the processing circuitry 18 also executes, for example, a raw-pixel conversion on the attenuation image B-mode raw data calculated by the ATI processing function 184 to generate attenuation image B-mode image data”, the generated attenuation image B-mode image data is considered the combination of an attenuation image data and B-mode image data) ; and
an image converting process of converting the attenuation distribution image data to the attenuation distribution image for display during the setting process ([0049] discloses displaying an attenuation image B-mode image based on the attenuation image B-mode image data, thereby converting the image data to an image).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe in view of He as applied to claim 1 above, and further in view of Tanigawa et al. (US 20220167946, hereinafter Tanigawa).
Regarding claim 2, Watanabe in view of He teaches the apparatus of claim 1, as set forth above. Watanabe further teaches the information processing unit is configured to:
execute the setting process when the attenuation distribution image is displayed on the display device in accordance with the attenuation property acquisition process and the attenuation distribution display process ([0090]-[0091] disclose the imaging ROI and measurement ROI are set in the images in the display region, meaning the setting of the ROI is executed when the attenuation distribution image is being displayed on the display device).
Watanabe in view of He does not specifically teach the information processing unit is configured to: repeatedly execute the attenuation property acquisition process and the attenuation distribution display process.
However,
Tanigawa in a similar field of endeavor teaches an information processing unit (the electronic circuitry of the system 1 shown in fig. 1) configured to repeatedly execute the attenuation property acquisition process and the attenuation distribution display process ([0050] discloses repeating a B-mode scan for one frame a measuring scan for the one frame. [0053] discloses the result of the measurement is a determination of ultrasound attenuation which is then displayed on the display 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus disclosed by Watanabe in view of He to have the information processing unit be configured to: repeatedly execute the attenuation property acquisition process and the attenuation distribution display process in order to allow the user to view how the anatomy changes over time, thereby improving the quality of the diagnostic information.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe in view of He as applied to claim 1 above, and further in view of Labyed (US 20190261949).
Regarding claim 9, Watanabe in view of He teaches the apparatus of claim 1, as set forth above. Watanabe further teaches the information processing unit comprising:
a first state in which the information processing unit displays the B-mode image in real time ([0088] discloses displaying only the B-mode image),
a second state in which the information processing unit displays the B-mode image and the attenuation distribution image in real time ([0088]-[0091] and fig. 7 disclose displaying the B-mode image and the attenuation image),
a third state in which the information processing unit displays the B-mode image and the attenuation distribution image in a frozen state ([0033] discloses inputting a freeze operation, thereby resulting in the images currently being displayed (B-mode and attenuation) to be frozen), and
a fourth state in which the information processing unit displays an elasticity distribution image in which an elastic property map indicated by the elastic property data in real time ([0088]-[0091] discloses displaying an elasticity image data image. [0085] discloses the elasticity image data includes a color map).
Watanabe in view of He does not specifically teach displaying only the B-mode image in real time.
However,
Labyed in a similar field of endeavor teaches displaying only the B-mode image in real time ([0025] and fig. 2 disclose displaying only the B-mode image. [0027] discloses the imaging and displaying are performed in real time).
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 displaying only the B-mode image in real time of Labyed to the apparatus of Watanabe in view of He to allow for the predictable results of allowing the user to analyze only a single image at a time, thereby ensuring the user is not distracted or confused by the other images being display, resulting in more accurate analysis.
Regarding claim 10, Watanabe in view of He and Labyed teaches the apparatus of claim 9, as set forth above. Watanabe further teaches in the fourth state, the information processing unit further displays the B-mode image in the frozen state ([0033] discloses inputting a freeze operation, thereby resulting in the images currently being displayed (B-mode and elasticity) to be frozen).
Regarding claim 11, Watanabe in view of He and Labyed teaches the apparatus of claim 9, as set forth above. He further teaches when the information processing unit is in the second state, when it is determined that no artifacts have occurred in the determination region, the information processing unit transitions to the fourth state ([0004] discloses generating an image during the tissue elasticity measurement, which as discussed above only occurs when no artifacts are present. Therefore the processing unit transitions to the fourth state to display the tissue elasticity image when it is determined that no artifacts have occurred).
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 when the information processing unit is in the second state, when it is determined that no artifacts have occurred in the determination region, the information processing unit transitions to the fourth state of He to the apparatus of Watanabe in view of He and Labyed to allow for the predictable results of ensuring no processing power is lost in trying to display data that has not been obtained, thereby conserving the power of the apparatus.
Conclusion
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/ANDREW W BEGEMAN/Examiner, Art Unit 3798
