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 Objections
Claims 6, 15, and 20 are objected to because of the following informalities: Claim 6 and the initial step in claims 15 and 20 do not appear to further limitation the independent claim from which they depend. 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.
Claims 10 and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulz et al (US Pub 2022/0375099 -cited by applicant).
Re claims 10, 16, 17: Schulz discloses a medical imaging system comprising:
a processing circuit having a processor coupled to a memory device storing instructions thereon [0056; see the processor 402 with memory that stores instructions] that, when executed, cause the processing circuit to perform operations of a method comprising comprising:
generating a medical image [0018; see the generated medical image which may be ultrasound];
segmenting an anatomical structure in the medical image using a segmentation algorithm (fig 2a; see the segmentation of a ventricle);
presenting, on a display of the medical imaging system, the medical image including the segmentation of the anatomical structure, wherein the segmentation is an unadjusted segmentation [Figure 2; 0054, 0058; see the display 406 to present the segmented image; see the display of unadjusted segmentation in 2a and 2b];
receiving, via the display, an input from a user, wherein the input comprises an adjustment to the segmentation of the anatomical structure [0026, 0055; see user interface 408 to indicate a correction];
adjusting the segmentation of the anatomical structure based on the input [0023; see the adaptive machine learning that adjusts the segmented image];
presenting, via the display, the medical image with the adjusted segmentation of the anatomical structure concurrently with the image including the unadjusted segmentation [0023, 0054, 0058, Figure 2; see the display 406 to present the adjusted segmentation; wherein the unadjusted and adjusted segmentation (i.e. the contour line) is overlaid thereby being concurrently displayed; note that the contours are medical images]; and
updating the segmentation algorithm based on the input from the user [0023, 0043; see the new updated segmentation based on the leaned data].
Re claim 12: The anatomical structure is depicted as a two-dimensional structure or a three-dimensional structure in the medical image [0019; see the 2D or 3D image].
Re claims 13, 18: The input comprises at least one of a negative prompt or a positive prompt, wherein the negative prompt designates a point to exclude from the segmentation of the anatomical structure and wherein the positive prompt designates a point to include in the segmentation of the anatomical structure [0029, 0030, fig 2; see the positive prompt which is an input of an adjusted outline to include points in the segmentation and the negative prompt which is an input to adjust the outline to exclude points (note that the negative prompt is not depicted)].
Re claims 14, 19: The anatomical structure is a first anatomical structure of a plurality of anatomical structures depicted by the medical image, and wherein the operations further comprise: adjusting a segmentation of the plurality of anatomical structures according to the input; and presenting, to the user via the display, the medical image with the adjusted segmentation of the plurality of anatomical structures [0020, 0043; see that the image includes additional structures such that the segmentation correction is performed on the plurality of structures].
Re claims 15, 20: The operations further comprise: presenting, via the display, the medical image without the adjusted segmentation of the anatomical structure; receiving, from the user via the display, a selection of one of the medical image without the adjusted segmentation of the anatomical structure or the medical image with the adjusted segmentation of the anatomical structure; and storing the input from the user and the selection from the user such that a user preference associated with the input and the selection is applied by the segmentation algorithm during a segmentation of the anatomical structure in a successive medical image [0030, 0056, 0057; see the indication of pixels which corresponds to an image selection and see input stored in memory such that the user preference of a particular feature correction is applied for the segmentation].
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.
Claims 1-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Schulz et al (US Pub 2022/0375099 -cited by applicant) in view of Chen ‘098 (US Pub 2019/0304098) and Chen ‘173 (US Pub 2023/0182173 -previously cited).
Re claims 1, 11: Schulz discloses an ultrasound imaging system comprising:
a processing circuit having a processor coupled to a memory device storing instructions thereon [0056; see the processor 402 with memory that stores instructions] that, when executed, cause the processing circuit to perform operations comprising:
generating a medical image [0018; see the generated medical image which may be ultrasound];
segmenting an anatomical structure in the medical image using a segmentation algorithm (fig 2a; see the segmentation of a ventricle);
presenting, on a display of the medical imaging system, the medical image including the segmentation of the anatomical structure, wherein the segmentation is an unadjusted segmentation [Figure 2; 0054, 0058; see the display 406 to present the segmented image; see the display of unadjusted segmentation in 2a and 2b];
receiving, via the display, an input from a user, wherein the input comprises an adjustment to the segmentation of the anatomical structure [0026, 0055; see user interface 408 to indicate a correction];
adjusting the segmentation of the anatomical structure based on the input [0023; see the adaptive machine learning that adjusts the segmented image];
presenting, via the display, the medical image with the adjusted segmentation of the anatomical structure concurrently with the image including the unadjusted segmentation [0023, 0054, 0058, Figure 2; see the display 406 to present the adjusted segmentation; wherein the unadjusted and adjusted segmentation (i.e. the contour line) is overlaid thereby being concurrently displayed; note that the contours are medical images]; and
updating the segmentation algorithm based on the input from the user [0023, 0043; see the new updated segmentation based on the leaned data].
Schulz discloses that the unadjusted and adjusted segmentations are displayed concurrently (as they are overlaid), but does not disclose that they are also displayed adjacently. However, Chen ‘098 teaches of segmentation of ultrasound images wherein unadjusted and adjusted segmentations are concurrently and adjacently display [0125, figure 18; see the user interface that displays segmentations (i.e. unadjusted segmentations) adjacent to final segmentations (i.e. adjusted segmentations)]. It would have been obvious to the skilled artisan to modify Schulz to configure the display with concurrent and adjacent views of the segmentations as taught by Chen ‘098, in order to allow a user to easily view and compare the adjustments to the segmentation.
Schulz/Chen ‘098 disclose all features including that ultrasound is used but does not disclose a transducer configured to transmit and receive an ultrasound signal, a matching layer configured to have an acoustic impedance between a tissue to be imaged and a material of the transducer, or a damping block configured to absorb ultrasound energy. However, Chen ‘173 teaches an ultrasound transducer configured to transmit and receive an ultrasound signal, a matching layer configured to have an acoustic impedance between a tissue to be imaged and a material of the transducer, or a damping block configured to absorb ultrasound energy [0034; see the transducer 100, matching layer 104 with acoustic impedance between tissue and material of the transducer, and damping block 110]. It would have been obvious to the skilled artisan to modify Schulz/Chen ‘098, to include the features of the transducer as taught by Chen ‘173, as such as standard features of a ultrasound system that would achieve predictable results and yield ultrasound images.
Re claims 2-4: Schulz discloses the input comprises a negative prompt or a positive prompt, wherein the negative prompt designates a point to exclude from the segmentation of the anatomical structure and wherein the positive prompt designates a point to include in the segmentation of the anatomical structure [0029, 0030, fig 2; see the positive prompt which is an input of an adjusted outline to include points in the segmentation and the negative prompt which is an input to adjust the outline to exclude points (note that the negative prompt is not depicted)].
Re claim 5: Schulz discloses the anatomical structure is a first anatomical structure of a plurality of anatomical structures depicted by the ultrasound image, and wherein the operations further comprise: adjusting a segmentation of the plurality of anatomical structures according to the input; and presenting, to the user via the display, the ultrasound image with the adjusted segmentation of the plurality of anatomical structures [0020, 0043; see that the image includes additional structures such that the segmentation correction is performed on the plurality of structures].
Re claims 6, 7: Schulz discloses the operations further comprise presenting, via the display, the ultrasound image without the adjusted segmentation of the anatomical structure; receiving, from the user via the display, a selection of one of the ultrasound image without the adjusted segmentation of the anatomical structure or the ultrasound image with the adjusted segmentation of the anatomical structure; and storing the input from the user and the selection from the user such that a user preference associated with the input and the selection is applied by the segmentation algorithm during a segmentation of the anatomical structure in a successive ultrasound image [0030, 0056, 0057; see the indication of pixels which corresponds to an image selection and see input stored in memory such that the user preference of a particular feature correction is applied for the segmentation].
Re claim 8: Schulz discloses the user selects the ultrasound image with the adjusted segmentation of the anatomical structure and wherein the operations further comprise: identifying the anatomical structure in the successive ultrasound image; and segmenting, using the segmentation algorithm, the anatomical structure in the successive ultrasound image based on the input and the selection such that after segmenting the anatomical structure in the successive ultrasound image, the successive ultrasound image resembles the ultrasound image with the adjusted segmentation of the anatomical structure [0023, 0058; wherein the machine learning indicates that the corrections for the segmentations is performed for a plurality of times such that a successive image resembles the adjusted segmentation].
Re claim 9: Schulz discloses the segmentation algorithm comprises a machine learning model, and wherein the input from the user is stored in a training database used to train the machine learning model [0023; see the machine learning model such as u-net that is stored in a training database].
Response to Arguments
Applicant’s arguments with respect to claims 1-9 and 16-20 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.
In regard to the 102 rejection of claim 10, Applicant argues that Schulz does not disclose presenting two medical images concurrently. Respectfully, the Examiner disagrees and finds Schulz discloses display of two segmentations concurrently (Figure 2b shows overlay of the unadjusted and adjusted segmentations). While not referred to as medical images, the segmentation contours constitute medical images as they are depictions corresponding to anatomy.
The prior claim objection is withdrawn as claim 10 does not include the “adjacent” limitation.
Conclusion
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 MICHAEL T ROZANSKI whose telephone number is (571)272-1648. The examiner can normally be reached Mon - Fri 8:00-4:00.
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/MICHAEL T ROZANSKI/Primary Examiner, Art Unit 3797
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