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
Claim 2 is objected to because of the following informalities: “according to claim 1.” Should be recited as –according to claim 1, –. Appropriate correction is required.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hettrick et al. (US 2020/0069196 A1) in view of Bouwman et al. (US 2024/0169540 A1).
Regarding claim 1, Hettrick et al. (‘196) teach a medical image processing apparatus (“Image guidance” see [0036]) comprising processing circuitry configured to acquire a zeroth contrast-enhanced image when a heart of a subject is in a reference state (“measurements to a baseline measurement” see [0020]), a first contrast-enhanced image when the heart is in an acetylcholine stress state (“release acetylcholine, a chemical messenger that binds and activates nicotinic acetylcholine receptors on postganglionic neurons. In response to this stimulus, postganglionic neurons principally release noradrenaline (norepinephrine)” see [0068]), and a second contrast-enhanced image when the heart is in an adenosine stress state (“renal ischemia, reduction in stroke volume or renal blood flow, or an abundance of adenosine enzyme may trigger activation of afferent neural communication” see [0089]).
Hettrick et al. fail to explicitly teach calculation of blood flow ratios and displaying the ratios. However, Bouwman et al. (‘540) from the same field of endeavor do teach calculation of blood flow ratios from contrast x-ray images and displaying the ratios (“quantitative data that represents the ratio of flow through a coronary artery” see [0209]). It would be obvious to one of ordinary skill in the art at the time of the invention to modify the invention of Hettrick et al. with the above features of Bouwman et al. for the benefit of avoiding the intrusiveness of the in vivo electrodes of Bouwman et al. for the patient comfort of external imaging diagnostics.
Regarding claim 2, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 1, wherein the processing circuitry is configured to cause the display to display the first blood flow ratio and the second blood flow ratio in at least one of a numerical value form and an image form (see Bouwman et al. [0209]-[0229]).
Regarding claim 3, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 2, wherein the processing circuitry is configured to set a region of interest common to the zeroth contrast-enhanced image, the first contrast-enhanced image, and the second contrast-enhanced image, calculate the first blood flow ratio in each of the interest regions in the zeroth contrast-enhanced image and the first contrast-enhanced image, calculate the second blood flow ratio in each of the interest of regions in the zeroth contrast-enhanced image and the second contrast-enhanced image, and when displaying in the numerical value form, display the first blood flow ratio in the first display form if the first blood flow ratio in the interest of region is not more than a first threshold, and display the second blood flow ratio in the second display form if the second blood flow ratio in the region of interest is not more than a second threshold (see Bouwman et al. [0209]-[0229]).
Regarding claim 4, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 3, wherein the first display form is a form of performing color display or alert display to indicate abnormality in the first blood flow ratio, and the second display form is a form of performing color display or alert display to indicate abnormality in the second blood flow ratio(see Bouwman et al. [0209]-[0229]).
Regarding claim 5, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according claim 2, wherein the processing circuitry is configured to calculate the first blood flow ratio for each corresponding pixel in the zeroth contrast-enhanced image and the first contrast-enhanced image, calculate the second blood flow ratio for each corresponding pixel in the zeroth contrast-enhanced image and the second contrast-enhanced image, generate a first ratio image having a pixel value corresponding to the first blood flow ratio calculated for the each pixel and a second ratio image having a pixel value corresponding to the second blood flow ratio calculated for the each pixel, and when displaying in the image form, cause the display to perform color display of the first ratio image and the second ratio image by assigning a color to the pixel value (see Bouwman et al. [0209]-[0229]).
Regarding claim 6, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 5, wherein the processing circuitry is configured to assign a color to the pixel value so as to align a baseline of a display range of the first ratio image with a baseline of a display range of the second ratio image (see Bouwman et al. [0209]-[0229]).
Regarding claim 7, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 5, wherein the processing circuitry is configured to perform color display of the first ratio image and the second ratio image so as to assign the same color to a pixel value corresponding to a first threshold for discriminating the first blood flow ratios into a normal value and an abnormal value in the first ratio image and a pixel value corresponding to a second threshold for discriminating the second blood flow ratios into a normal value and an abnormal value in the second ratio image (see Bouwman et al. [0209]-[0229]).
Regarding claim 8, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 1, wherein the processing circuitry is configured to set a region of interest common to the zeroth contrast-enhanced image, the first contrast-enhanced image, and the second contrast-enhanced image, calculate the first blood flow ratio in the region of interest in each of the zeroth contrast-enhanced image and first contrast-enhanced image, calculate the second blood flow ratio in the region of interest in each of the zeroth contrast-enhanced image and the second contrast-enhanced image, and display, side by side, a first graph representing the first blood flow ratio and a first threshold in the region of interest and a second graph representing the second blood flow ratio and a second threshold in the region of interest (see Bouwman et al. [0209]-[0229]).
Regarding claim 9, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 8, wherein the processing circuitry is configured to display the first graph and the second graph side by side so as to align a baseline of a description range of the first graph with a baseline of a description range of the second graph (see Bouwman et al. [0209]-[0229]).
Regarding claim 10, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 9, wherein the processing circuitry is configured to display the first graph and the second graph side by side so as to align the first threshold in the first graph with the second threshold in the second graph (see Bouwman et al. [0209]-[0229]).
Regarding claim 11, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 10, wherein the processing circuitry is configured to display a normal range and an abnormal range in the first graph, with the first threshold being a boundary, and display a normal range and an abnormal range in the second graph, with the second threshold being a boundary (see Bouwman et al. [0209]-[0229]).
Regarding claim 12, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 1, wherein the processing circuitry is configured to set a region of interest common to the zeroth contrast-enhanced image, the first contrast-enhanced image, and the second contrast-enhanced image, calculate the first blood flow ratio in the region of interest of each of the zeroth contrast-enhanced image and the first contrast-enhanced image, calculate the second blood flow ratio in the region of interest in each of the zeroth contrast-enhanced image and the second contrast-enhanced image, and cause the display to display a comparison graph comparatively showing the first blood flow ratio and the second blood flow ratio in the region of interest with respect to the reference value if a blood flow ratio at the zeroth blood flow rate is 1 as a reference value (see Bouwman et al. [0209]-[0229]).
Regarding claim 13, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 12, wherein the processing circuitry is configured to display a normal range and an abnormal range in the comparison graph with respect to each of the first blood flow ratio and the second blood flow ratio (see Bouwman et al. [0209]-[0229]).
Regarding claim 14, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 12, wherein the processing circuitry is configured to display the first blood flow ratio in the comparison graph while a description range is inverted centered on the reference value and display a threshold for each of the first blood flow ratio and the second blood flow ratio in the comparison graph (see Bouwman et al. [0209]-[0229]).
Regarding claim 15, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 1, wherein the processing circuitry is further configured to acquire a myocardial blood flow image when the heart is in the acetylcholine stress state, determine, based on the myocardial blood flow image, whether a myocardial blood flow in the subject has decreased, determine, based on the first contrast-enhanced image, whether a blood vessel in the subject is coarctated, detect coronary spasm upon determining that the myocardial blood flow has decreased and the blood vessel is coarctated, and detect microvascular spasm upon determining that the myocardial blood flow has decreased and the blood vessel is not coarctated, and cause the display to display a detection result (see Bouwman et al. [0115]).
Regarding claim 16, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 1, wherein the processing circuitry is configured to calculate the first blood flow ratio by dividing pixel values of corresponding pixels in myocardial region in the zeroth contrast-enhanced image and myocardial region in the first contrast-enhanced image, and calculate the second blood flow ratio by dividing pixel values of corresponding pixels in myocardial region in the zeroth contrast-enhanced image and myocardial region in the second contrast-enhanced image (see Bouwman et al. [0115], [0209]-[0229]).
Regarding claim 17, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 1, wherein the processing circuitry is configured to calculate a third blood flow ratio by dividing pixel values of corresponding pixels in the myocardial region in the first contrast-enhanced image and the myocardial region in the second contrast-enhanced image, and cause the display to further display the third blood flow ratio (see Bouwman et al. [0209]-[0229]).
Regarding claim 18, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 1, wherein the processing circuitry is configured to cause the display to further display at least the first blood flow rate and the second blood flow rate of the zeroth blood flow rate, the first blood flow rate, and the second blood flow rate side by side (see Bouwman et al. [0209]-[0229]).
Regarding claim 19, Hettrick et al. (‘196) in view of Bouwman et al. (‘540) teach the apparatus according to claim 1, wherein the zeroth contrast-enhanced image, the first contrast-enhanced image, and the second contrast-enhanced image are medical images obtained by radiography under substantially the same radiography conditions except for a state of the heart (see Bouwman et al. [0209]-[0229]).
Regarding claim 20, Hettrick et al. (‘196) teach an X-ray diagnostic apparatus (“x-ray” see [0036]) comprising a processing circuitry configured to acquire a zeroth contrast-enhanced image when a heart of a subject is in a reference state (“measurements to a baseline measurement” see [0020]), a first contrast-enhanced image when the heart is in an acetylcholine stress state (“release acetylcholine, a chemical messenger that binds and activates nicotinic acetylcholine receptors on postganglionic neurons. In response to this stimulus, postganglionic neurons principally release noradrenaline (norepinephrine)” see [0068]), and a second contrast-enhanced image when the heart is in an adenosine stress state (“renal ischemia, reduction in stroke volume or renal blood flow, or an abundance of adenosine enzyme may trigger activation of afferent neural communication” see [0089]).
Hettrick et al. fail to explicitly teach calculation of blood flow ratios and displaying the ratios. However, Bouwman et al. (‘540) from the same field of endeavor do teach calculation of blood flow ratios from contrast x-ray images and displaying the ratios (“quantitative data that represents the ratio of flow through a coronary artery” see [0209]). It would be obvious to one of ordinary skill in the art at the time of the invention to modify the invention of Hettrick et al. with the above features of Bouwman et al. for the benefit of avoiding the intrusiveness of the in vivo electrodes of Bouwman et al. for the patient comfort of external imaging diagnostics.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARK D REMALY/Primary Examiner, Art Unit 3797
Prosecution Insights