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 .
Response to Amendment
Claims 1, 3-6, and 8-9 remain pending in the application in response to the applicant’s amendments to the rejections previously set forth in the Non-Final Office Action mailed 05/22/2026.
Response to Arguments
Applicant’s arguments filed 08/13/2026 with respect to claim(s) 1 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.
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.
Claims 1, 3-6, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Nishihara et al. (20150374337 A1, published December 31, 2015) in view of Miyakoshi (JP 2013123172 A, published June 20, 2013) and Yao et al. (US 20150087980 A1, published March 26, 2015), hereinafter referred to as Nishihara, Miyakoshi, and Yao, respectively.
Regarding claim 1, and similarly for claims 5 and 6, Nishihara teaches a contrast enhanced imaging method (see para. 0035 "The Doppler processing circuitry 14 performs frequency analysis on velocity information from the reflected wave data received from the transmitting and receiving circuitry 11, extracts blood flow, tissue, and contrast agent echo components."), comprising:
receiving, via a processor, a first instruction input by a user (Fig. 7, index is "1" (yes) S106 as input by user; see para. 0059 "The control circuitry 17 determines whether index control has been received by the operator [instruction input by user] operating the button switch 3b (Step S103)…");
determining a first imaging mode in response to the first instruction, wherein, the first imaging mode comprises a first frame rate, and the first frame rate is pre-configured with first imaging parameters comprising a first imaging range, a first pulse repetition frequency, a first line density or a first number of times for transmitting ultrasound waves (Fig. 10-11, index 1 as first imaging mode corresponds with scan range = 50% (imaging range), scan line density= 100%, frame rate = 5 fps, number of transmission and receptions = 2n (number of times for transmitting ultrasound waves));
transmitting first ultrasound waves to a target object and receiving first ultrasound echoes of the first ultrasound waves returned from the target object according to the first imaging mode to obtain first ultrasound echo signals (Fig. 7 and 11; see para. 0060 "If the index is "1" (Step S106: Yes) [first imaging mode], the control circuitry 17 refers to the index control table, and controls the transmitting and receiving circuitry 11 to transmit and receive ultrasound waves with "scan range: 50%" and "number of transmission and receptions: 2n" (n="2"). Scanning is then performed under these scan conditions by the transmitting and receiving circuitry 11 (Step S107).");
generating a first contrast enhanced image having the first frame rate according to the first ultrasound echo signals (Fig. 10B as first contrast enhanced image having a first frame rate of5 fps; see para. 0075" the control circuitry17, for example, may prepare indices of combinations illustrated in FIGS. 10Ato 10D and control transmission and reception of ultrasound waves while displaying parameter marks illustrated in FIGS. 10A to 10D on the monitor 2.");
receiving, via the processor, a second instruction input by the user (Fig. 7, index is "0" (yes) S104 as input by user; see para. 0059 "The control circuitry 17 determines whether index control has been received by the operator [instruction input by user] operating the button switch 3b (Step S103). ");
determining a second imaging mode in response to the second instruction, wherein, the second imaging mode comprises a second frame rate greater than the first frame rate (Fig. 10-11, index 0 as second imaging mode corresponds with frame rate = 10 fps, where the second frame rate (10 fps) is greater than the first frame rate (5 fps)), and
the second frame rate is pre-configured with second imaging parameters comprising a second imaging range less than the first imaging range, a second pulse repetition frequency greater than the first pulse repetition frequency, a second line density less than the first line density or a second number of times for transmitting ultrasound waves less than the first number of times for transmitting ultrasound waves (Fig. 10-11, index 0 as second imaging mode corresponds with scan range= 100% (imaging range), scan line density= 100%, frame rate 10 fps, number of transmissions and receptions = n (second number of times for transmitting ultrasound waves is less than the first number of times for transmitting ultrasound waves of 2n from index 1));
transmitting second ultrasound waves to the target object and receiving second ultrasound echoes of the second ultrasound waves returned from the target object according to the second imaging mode to obtain second ultrasound echo signals (Fig. 7 and 11; see para. 0059 "If the index is "0" (Step S104: Yes) [second imaging mode], the control circuitry 17 refers to the index control table, and controls the transmitting and receiving circuitry11 to transmit and receive ultrasound waves with "scan range: 100%" and "number of transmission and receptions: n" (n="2"). Scanning is then performed under these scan conditions by the transmitting and receiving circuitry 11 (Step S105)."); and
generating a second contrast enhanced image having the second frame rate according to the second ultrasound echo signals (Fig. 10A as second contrast enhanced image having a second frame rate of 10 fps; see para. 0075 "...the control circuitry 17, for example, may prepare indices of combinations illustrated in FIGS. 10A to 10D and control transmission and reception of ultrasound waves while displaying parameter marks illustrated in FIGS. 10A to 10D on the monitor 2.").
Nishihara teaches a first imaging mode and a second imaging mode corresponding to frame rates and imaging parameters, but does not explicitly teach where an imaging mode is pre-configured with at least two frame rates.
Whereas, Miyakoshi, in an analogous field of endeavor, teaches wherein the second imaging mode is pre-configured with at least two frame rates, and the second frame rate is determined from the at least two frame rates (see pg. 7, para. 4 "FIG. 3 shows an example of the imaging mode of the imaging unit 150. The imaging unit 150 can be driven in any of the full HD mode, the HD mode, and the SD mode as the imaging mode. These imaging modes differ from each other in the number of imaging pixels. The full HD mode and the HD mode have submodes with different frame rates.").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified a first imaging mode and a second imaging mode corresponding to frame rates, as disclosed in Nishihara, by having the imaging mode pre-configured with at least two frame rates, as disclosed in Miyakoshi. One of ordinary skill in the art would have been motivated to make this modification in order to vary an imaging mode during continuous imaging, as taught in Miyakoshi (see Abstract).
Nishihara in view of Miyakoshi teaches imaging modes configured to frame rates and corresponding imaging parameters, but does not explicitly teach the imaging parameters includes imaging duration.
Whereas, Yao, in an analogous field of endeavor, teaches wherein the second imaging mode is pre-configured with at least two frame rates and each of the at least two frame rates is pre-configured with a corresponding imaging parameter and an imaging duration, wherein the imaging duration represents length of time from transmitting the ultrasound waves, receiving ultrasound echo signals to generating contrast enhanced images according to the ultrasound echo signals (Fig. 2-3; see para. 0081 – “The image data in the B-mode and the image data in the enhanced mode are each image data using B-mode data.”; see para. 0090 – “Further, under the control of the controlling unit 17, the transmitting and receiving unit 11 exercises ultrasound wave transmission/reception control [imaging parameters] over the ultrasound probe 1 in accordance with each of the modes.”; see para. 0108 – “In that situation, as illustrated in FIG. 10, “for the duration of two and a half seconds from the start of the generation to 2.5 seconds”, the controlling unit 17 selects the image data in the B-mode generated at frame rate “A” along the time series and causes the monitor 2 to display the selected image data…After that, as illustrated in FIG. 10, “for the duration of one second from 4 seconds to 5 seconds”, the controlling unit 17 selects the image data in the enhanced mode generated at frame rate “C” along the time series and causes the monitor 2 to display the selected image data.” an imaging mode (B-mode processing) is pre-configured with at least two frame rates (B-mode frame rate and enhanced mode frame rate) and corresponding imaging parameters, imaging parameters including imaging duration).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging modes configured to frame rates and corresponding imaging parameters, as disclosed in Nishihara in view of Miyakoshi, by having the imaging parameters include imaging duration, as disclosed in Yao. One of ordinary skill in the art would have been motivated to make this modification in order for the operator or a medical doctor to collectively and easily obtain the information required to make a diagnosis from the ultrasound examination, only by inputting the setting information to the ultrasound diagnosis apparatus, and preventing the situation where the ultrasound image data taking processes in the modes that are necessary are missing from the procedure, as taught in Yao (see para. 0126).
Furthermore, regarding claims 3 and 8, Miyakoshi further teaches wherein, the second imaging mode is further pre-configured with an execution sequence of the at least two frame rates (Fig. 5; see pg. 10, para. 6 "If it is determined in step S508 that there is a submode having a new frame rate, the imaging mode selection unit 200 outputs a command signal for changing the frame rate to the imaging unit 150 (step S522). Specifically, a command signal corresponding to a sub mode that determines a new frame rate is output to the imaging unit 150."), and
the method further comprises receiving a third instruction (Fig. 5; see pg. 10, para. 6 "If it is determined in step S508 that there is a submode having a new frame rate, the imaging mode selection unit 200 outputs a command signal [third instruction] for changing the frame rate to the imaging unit 150 (step S522). Specifically, a command signal corresponding to a sub mode that determines a new frame rate is output to the imaging unit 150.");
wherein, transmitting the second ultrasound waves to the target object and receiving the second ultrasound echoes returned from the target object according to the second imaging mode to obtain the second ultrasound echo signals comprises: sequentially transmitting the second ultrasound waves to the target object and receiving the second ultrasound echoes returned from the target object according to the execution sequence and the pre-configured imaging parameter and the imaging duration of a corresponding frame rate in response to the third instruction to obtain the second ultrasound echo signals (Fig. 5; see pg. 10, para. 6 "If it is determined in step S508 that there is a submode having a new frame rate, the imaging mode selection unit 200 outputs a command signal [third instruction] for changing the frame rate to the imaging unit 150 (step S522). Specifically, a command signal corresponding to a sub mode that determines a new frame rate is output to the imaging unit 150."); and
generating the second contrast enhanced image according to the second ultrasound echo signals comprises: sequentially generating contrast enhanced images according to the obtained second ultrasound echo signals (Fig. 5; see pg. 10, para. 6-"If it is determined instep S508thatthere is a submode having a new frame rate, the imaging mode selection unit 200 outputs a command signal [third instruction] for changing the frame rate to the imaging unit 150(stepS522). Specifically, a command signal corresponding to a sub mode that determines a new frame rate is output to the imaging unit 150.").
Furthermore, regarding claims 4 and 9, Nishihara further teaches receiving a fourth instruction; and stopping transmitting ultrasound waves to the target object and receiving ultrasound echoes returned from the target object in response to the fourth instruction (Fig. 1, ultrasound diagnostic apparatus 100, where ultrasound imaging systems inherently have an on/off button [fourth instruction] to start and stop transmitting and receiving ultrasound waves).
The motivation for claims 3 and 8 was shown previously in claim 1 and 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Robinson (US 5476097 A, published December 19, 1995) discloses a gapsize calculator is responsive to variations in system scanning parameters to set the durations of the successive image and Doppler signal acquisition intervals to obtain optimal frame rates of display.
Muzilla et al. (US 5908391 A, published June 1, 1999) discloses the duration for which the data is held valid depends on the number of active transmit focal zones, the signal intensity and the user selection of persistence level.
Jago (US 20170231599 A1, published August 17, 2017) discloses a relative frame rate may be selected for each of the plurality of imaging modes in the acquisition sequence. The relative frame rate may be programmed into the system (e.g., by controlling the transmitter) to toggle between different imaging modes for different consecutive durations to control the number of frames received for each imaging mode.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nyrobi Celestine whose telephone number is 571-272-0129. The examiner can normally be reached on Monday - Thursday, 7:00AM - 5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached on 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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/N.C./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798
