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 § 102
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.
(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.
Claim(s) 1, 3-10, 16-17 are rejected under 35 U.S.C. 102(a) as being anticipated by Dhatt et al (Pub. No.: US 2022/0338833).
Regarding claims 1, 16-17, Dhatt et al disclose an ultrasound diagnostic apparatus comprising:
a display;
a notifier [(displaying audible/alert) see 0127];
processor configured to:
apply a learned model to a B-mode image of a subject captured through an ultrasound echo to recognize a position of a blood vessel region [see 0054, 0086, 0099, 0129, 0131] by one or more neural networks, such as a first neural network trained to detect a location of a blood vessel [see 0054];
cause the display to display the B-mode image with information indicating the position of the blood vessel region superimposed on the B-mode image [see 0086, 0129, 0131, 0141, 0163-0164] by disclosing processing logic displays the labels for the blood vessels in at least one ultrasound image [see 0141];
cause the notifier (audible/alert) to notify a warning (stop sign, 0078) regarding puncture to prevent puncture from being performed when the display displays the information [see 0078, 0086, 0127, 0188, 0215].
Regarding claim 3, Dhatt et al disclose wherein the notifier is the display [see 0078].
Regarding claim 4, Dhatt et al disclose wherein the warning is for preventing puncture while (via on/off state) displaying the information indicating the position of the blood vessel region [see 0078]
Regarding claim 5, Dhatt et al disclose a display instructor that instructs display the information indicating the position of the blood vessel [see 0078]
the processor is configured to cause the display to display the warning (stop sign) when the display instructor is selected [see 0076].
Regarding claim 6, Dhatt et al disclose a selector for selecting a puncture mode for puncturing wherein the processor is configured to:
cause the display to superimpose information indicating the position of the blood vessel region on the B-mode and to selectively display the superimposed information [see 0108];
cause the display to display the B-mode image but not (via the switch, emphasis added) to display the information indicating the position of the blood vessel when the puncture mode is selected [see 0076].
Regarding claim 7, Dhatt et al disclose a selector for selecting a puncture mode for puncturing, wherein the processor is configured to:
receive display specification information specifying information displayed by the display [see 0076];
cause the display to not (via the one/off switch and/or stop sign, emphasis added) display a display instructor that instructs display the information indicating the position of the blood vessel region when the puncture mode is selected [see 0076].
Regarding claim 8, Dhatt et al disclose a selector for selecting a puncture mode for puncturing, wherein the processor is configured
display specification information specifying information displayed by the display [see 0076, 0108];
reject (via the one/off switch and/or stop sign, emphasis added) reception of a display instructor that instructs display the information indicating the position of the blood vessel region when the puncture mode is selected [see 0076].
Regarding claim 9, Dhatt et al disclose a selector for selecting a puncture mode for puncturing, wherein the processor is configured to:
cause the display to selectively display the information indicating the position of the blood vessel [see 0076, 0108];
cause the display to display the B-mode image in which the information indicating the position of the blood vessel region is not (via the one/off switch and/or stop sign, emphasis added) displayed and the B-mode image in which the information indicating the position of the blood vessel region is displayed on a screen when the puncture mode is selected [see 0076].
Regarding claim 10, Dhatt et al disclose wherein the puncture mode is a puncture needle highlighting mode or a puncture guide display mode [see 0124].
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) 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Dhatt et al (Pub. No.: US 2022/0338833) in view of Yamamoto (Pub. No.: US 2017/0290570)
Regarding claims 11-15, Dhatt et al disclose cause the display to display the information indicating the position of the blood vessel region and when the display displays the Doppler image [see 0076, 0108];
cause the display to stop (via the one/off switch and/or stop sign, emphasis added) displaying the information indicating the position of the blood vessel region, to display the Doppler image, and to stop displaying the warning when the display displays the information indicating the position of the blood vessel region in the Doppler display [see 0076].
Dhatt et al don’t disclose generate a Doppler image in a Doppler display mode that detects a blood flow signal by using a Doppler mode
Nonetheless, Yamamoto generate a Doppler image in a Doppler display mode that detects a blood flow signal by using a Doppler mode [see 0043].
cause the display to display the information indicating the position of the blood vessel region superimposed on the Doppler image and the warning when the display displays the information indicating the position of the blood vessel region in the Doppler display mode [see 0043].
Therefore, it is obvious to one skilled in the art at the time the invention was filed and would have been motivated to combine Dhatt et al and Yamamoto by generating a Doppler image in a Doppler display mode that detects a blood flow signal by using a Doppler mode; so that an image in which a fluid in the inside of a subject or the speed of movement of a movable object is visualized [see 0043, Yamamoto].
Response to Arguments
Applicant’s arguments, see REM, filed 7/10/2026, with respect to the rejection(s) of claim(s) 1-17 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Dhatt et al (Pub. No.: US 2022/0338833) in view of Yamamoto (Pub. No.: US 2017/0290570).
Applicant’s arguments regarding Takimoto and Misener are moot since these two references are not being used herein.
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 JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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/JOEL F BRUTUS/ Primary Examiner, Art Unit 3797
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