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 .
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 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.
DETAILED ACTION
Priority
This application claims priority to JP2023-199862, filed on 11/27/2023.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-13, 17-18 are rejected under 35 USC 102 as being anticipated by US 2020/0320692, Fleming
1. An information processing apparatus comprising processing circuitry configured to:
acquire plural lesion candidates from a medical image; (Fleming ¶28 lesion locations from a medical image)
determine a group of lesion candidates from the plural lesion candidates acquired; (Fleming ¶28 lesion clusters)
select a representative lesion candidate from the lesion candidates forming the group; and (Fleming ¶28 each cluster is categorized)
display information related to the representative lesion candidate, together with and distinguishably from information related to lesion candidates other than the representative lesion candidate, the lesion candidates forming the same group as the representative lesion candidate. (Fleming ¶28 outputs data regarding each cluster)
Claims 22-23 recite similar limitations and are rejected for the same reasons as claim 1.
2. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to acquire degrees of similarity between each of the plural lesion candidates acquired and other ones of the plural lesion candidates acquired and determine the group using the degrees of similarity. (Fleming ¶85 similar lesions)
3. The information processing apparatus according to claim 1, wherein the processing circuitry is further configured to perform the same kind of processing for both the representative lesion candidate and the lesion candidates other than the representative lesion candidate, the lesion candidates forming the same group as the representative lesion candidate. (Fleming ¶85 performs the same processing on the lesions)
4. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to select the representative lesion candidate in response to reception of user operation. (Fleming uses a computer system; a computer system operates in response to the user instructing the computer to operate)
5. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to select the representative lesion candidate on the basis of any of sizes, shapes, and margin characteristics of the lesion candidates acquired. (Fleming ¶69 shape)
6. The information processing apparatus according to claim 2, wherein the processing circuitry is configured to change a mode of display of similar lesions on the basis of the degrees of similarity. (Fleming Fig 5(b) lesions of different types are shown as open circles and filled in circles)
7. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to display, together with a partial image that is an image of part of the medical image, the partial image corresponding to the representative lesion candidate, partial images corresponding to the lesion candidates other than the representative lesion candidate, the lesion candidates forming the same group as the representative lesion candidate. (Fleming Fig 5b)
8. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to display, together with information related to a position of the representative lesion candidate, information related to positions of the lesion candidates other than the representative lesion candidate, the lesion candidates forming the same group as the representative lesion candidate. (Fleming Fig 5b)
9. The information processing apparatus according to claim 3, wherein the processing circuitry is configured to acquire findings related to the lesion candidates other than the representative lesion candidates, the lesion candidates forming the same group as the representative lesion candidate, according to acquisition of findings for the representative lesion candidate, and display the findings related to the lesion candidates other than the representative lesion candidates, the lesion candidates forming the same group as the representative lesion candidate, together with the findings for the representative lesion candidate. (Fleming Fig 5(b); ¶95 information relating to lesions)
10. The information processing apparatus according to claim 3, wherein the processing circuitry is configured to change a state related to image interpretation for the lesion candidates other than the representative lesion candidate, the lesion candidates forming the same group as the representative lesion candidate, according to a change of a state related to image interpretation for the representative lesion candidate. (Fleming Fig 5b)
11. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to acquire classifications of the lesion candidates in addition to the lesion candidates, and change a method of determining the group on the basis of the classifications of the lesion candidates. (Fleming ¶11 classification of lesions)
12. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to acquire plural features in relation to each of the lesion candidates acquired, evaluate distributions for the respective features, select a feature having a singular value on the basis of the distributions, and determine the group on the basis of the feature selected. (Fleming ¶151 classification)
13. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to acquire changes from past lesion candidates corresponding to the lesion candidates acquired and determine the group on the basis of the changes. (Fleming ¶152 previous images and changes)
17. The information processing apparatus according to claim 2, wherein the processing circuitry is configured to display, in order based on the degrees of similarity, the information related to the lesion candidates other than the representative lesion candidate, the lesion candidates forming the same group as the representative lesion candidate, and determine the group on the basis of a degree of similarity corresponding to a position specified by user operation on the displayed information related to the lesion candidates. (Fleming Fig 5b; ¶116 selection of categories; see also ¶206 user interacting with the results)
18. The information processing apparatus according to claim 1, wherein the processing circuitry is configured to display, as the information related to the lesion candidates other than the representative lesion candidate and forming the same group as the representative lesion candidate, number of the lesion candidates. (Fleming Fib 5b)
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 of this title, 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.
Claims 14-16 and 21 are rejected under 35 USC 103 as being unpatentable over Fleming in view of US 2019/0057505, Pheiffer
14. The information processing apparatus according to claim 13, wherein the processing circuitry is configured to increase weight of the changes in determining the group in a case where any past image is available for the medical image.
Although Fleming and Pheiffer do not explicitly disclose the increasing of the weight of the changes in a group where any past image is available, Pheiffer ¶29 discloses that monitoring changes of a lesion is important for clinical practice and monitoring of potential disease progression. Therefore, it would have been obvious to modify the system of Fleming to give greater weight to changes the lesion candidates for the purposes of clinical practice and monitoring the progress of a lesion as taught by Pheiffer.
Fleming does not explicitly disclose
15. The information processing apparatus according to claim 13, wherein the changes are changes in size of the lesion candidates.
However, Pheiffer ¶29 discloses that monitoring changes of a lesion including border and features (border is an indication of size) are important for clinical practice and monitoring. Therefore, it would have been obvious to modify the system of Fleming to include changes in the size of the lesion candidates for the purposes of clinical practice and monitoring the progress of a lesion as taught by Pheiffer.
Fleming does not explicitly disclose
16. The information processing apparatus according to claim 13, wherein the changes are changes in findings for the lesion candidates.
However, Pheiffer ¶29 discloses that monitoring changes of a lesion including border and features (border is an indication of size) are important for clinical practice and monitoring. Therefore, it would have been obvious to modify the system of Fleming to include changes in the size of the lesion candidates for the purposes of clinical practice and monitoring the progress of a lesion as taught by Pheiffer.
Fleming does not explicitly disclose
21. The information processing apparatus according to claim 1, wherein in a case where any past image corresponding to the medical image is available, the processing circuitry is configured to acquire, for each of the plural lesion candidates acquired, a change in size from a corresponding lesion candidate in the past image, and display a statistical value related to these changes per the group or displays information related to a lesion candidate having the change that is singular in the group.
However, Pheiffer ¶29, 32 discloses that monitoring changes of a lesion including border and features (border is an indication of size) are important for clinical practice and monitoring. Therefore, it would have been obvious to modify the system of Fleming to include changes in the size of the lesion candidates for the purposes of clinical practice and monitoring the progress of a lesion as taught by Pheiffer.
Claims 19-20 are rejected under 35 USC 103 as being unpatentable over Fleming in view of US2010/0106002, Sugiyama
19. The medical information processing apparatus according to claim 7, wherein the medical image includes images of plural cross sections, and the processing circuitry is configured to change, in response to operation on the partial images, a position of a cross section to be displayed, the position being in the partial images. (Fleming ¶34 MRI; MRI is a series of cross sections)
Fleming does not explicitly disclose changing a position of a cross section to be displayed. Sugiyama Fig 7 shows the ability to choose different cross portions of the cross section to be displayed under magnification.
Fleming does not explicitly disclose
20. The information processing apparatus according to claim 7, wherein in displaying the partial images, the processing circuitry is configured to receive specification of whether to individually enlarge or reduce the partial images on the basis of sizes of the individual lesion candidates acquired, to set the same magnification for the plural lesion candidates, or to set the same magnification as that for display of the medical image. It would have been obvious to modify the system of Fleming to include the ability to enlarge the images for the purposes of making it easier to see relevant features.
Sugiyama ¶81 discloses enlarging images. It would have been obvious to modify the system of Fleming to include the ability to enlarge the images for the purposes of making it easier to see relevant features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ming Shui whose telephone number is (303)297-4247. The examiner can normally be reached on 7-5 Pacific Time, M-Th.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Greg Morse can be reached on 571-272-3838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Ming Shui/
Primary Examiner, Art Unit 2663
Prosecution Insights