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 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) 1-6 and 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2012/0179039 to Pelissier et al. “Pelissier” in view of U.S. Patent No. 6,689,055 to Mullen et al. “Mullen” and U.S. Publication No. 2020/0315572 to Salgaonkar.
As for Claims 1, 4, 11, 13, 15 and 20, Pelissier discloses an ultrasound system and method for producing a record of a use of the ultrasound system (Abstract). Pelissier discloses wherein the system includes an ultrasound probe configured to acquire echo signals responsive to ultrasound pulses transmitted toward a subject during the exam (Paragraphs [0024] and [0027) an input of pre-defined inputs associated with a particular exam protocol (e.g. modes) (Paragraphs [0025]-[0026], [0028]]). Pelissier explains that the record of use of the ultrasound system can help facilitate maintaining of medical records, supervising ultrasound operators, auditing job performance and/or training of ultrasound operators (Paragraph [0127]-[0130]).
However, while Pelissier video of the use of the ultrasound system tracks manipulations of the probe during the exam via tracking system (Paragraph [0073]) and would image user interactions with the system, it does not expressly disclose tracking the probe manipulations based on the image data and generating log files documenting the manipulators and user inputs as claimed.
Mullen teaches from within a similar field of endeavor with respect to analyzing data of a use of an ultrasound system where keystroke data is logged and stored for performance analysis (Abstract; Column 2, Lines 15-22; Column 6, Lines 1-30). Mullen explains wherein keystroke data may set up the system according to a selected exam category (e.g. protocol) (Column 5, Lines 45-65).
Accordingly, one skilled in the art would have been motivated to have modified the system and method described by Pelissier to record and log keystroke information of the ultrasound operator as described by Mullen in order to enhance the oversight/training of ultrasound operators by providing a complete record of the use of the system and requires nothing more than combining prior art elements according to known techniques to yield predictable results (MPEP 2143).
As for determining ultrasound probe position from images, Salgaonkar teaches from within a similar field of endeavor with respect to ultrasound imaging systems and methods where an acquired images is analyzed to determine the position of the probe relative to landmarks (Paragraphs [0033]-[0036]).
Accordingly, one skilled in the art would have been motivated to have modified the ultrasound system and method described by Pelissier with Salgaonkar’s processing means to detect probe position by analyzing acquired images in order to enhance the accuracy of probe location during an ultrasound exam and improve operator training/auditing.
As for Claims 2 and 14, Examiner notes that the protocol operating parameters would include the claimed conventional settings such as frequency, depth gain, focus (Pelissier-Paragraph [0025]).
Regarding Claim 3, Pelissier’s system allows a measurement in a current frame (Paragraphs [0029] and [0031]).
With respect to Claims 5-6, 12 and 16-17 , Salgaonkar explains that machine learning is used to identify landmarks (e.g. anatomical feature) in current images and compare them with training data to determine the probe’s position (Paragraphs [0033]-[0038]).
Regarding Claims 8-9 and 18-19 Pelissier discloses synchronizing discrete data into a single multi-medica container for convenient storage and playback with timestamps (Abstract; Paragraphs [0041], [0043] and [0113]). Accordingly, one skilled in the art would have been motivated to have combined the keystroke log files with the detected probe positions into the multi-media container in order to efficiently store the aforementioned data.
With respect to Claim 10, Pelissier explains the container file may include a user input narration text signal (Paragraph [0113]; Claim 3).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pelissier, Mullen and Salgaonkar as applied to claim 1 above, and further in view of U.S. Patent No. 6,468,212 to Scott et al. “Scott”.
As for Claim 7, Pelissier, Mullen and Salgaonkar disclose an ultrasound system and method for recording an operator’s actions with respect to an imaging protocol as described above. However, the art of record does not compare the user’s actions (e.g. keystrokes, positions, image acquisitions) with a protocol checklist.
Scott teaches from within a similar field of endeavor with respect to ultrasound imaging systems and methods where the system provides a checklist for the medical protocol (Abstract) on a user interface to ensure the ultrasound techniques comply with a predetermined protocol (Column 2, Lines 1-10).
Accordingly, one skilled in the art would have been motivated to have included a protocol checklist described by Scott into the multi-media container file described by Pelissier, Mullen and Salgaonkar in order to compare the user’s system interaction with a predetermined protocol and improve operator training/auditing. Such a modification merely involves combining prior art elements according to known techniques to yield predictable results (MPEP 2143).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER L COOK whose telephone number is (571)270-7373. The examiner can normally be reached M-F approximately 8AM-5PM.
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/CHRISTOPHER L COOK/Primary Examiner, Art Unit 3797