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
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 are rejected under 35 U.S.C. 103 as being unpatentable over Herbst et al. (US 2018/0035979, hereinafter Herbst) in view of Song et al. (US 2020/0178939, hereinafter Song).
With respect to claims 1, 11, 17 Herbst discloses A contrast-enhanced ultrasound imaging method, comprising:
controlling an ultrasound probe to transmit a plurality of ultrasound pulse combinations to a target object injected with a contrast agent (see para. 0009, 0017, 0018, see contrast agent imaging, microbubbles) and receive ultrasound echo signals, wherein each of the ultrasound pulse combinations comprises a plurality of consecutive single pulses and one pulse sequence, the single pulses are of a same amplitude, and the pulse sequence comprises at least two pulses with different amplitudes;
(Herbst discloss para. 0024 “In an example, the system 100 can include a first processor circuit 122, a memory circuit 124, a display 110, one or more transducers 111, an analog front-end (e.g., a transmit-and-receive circuit 170) coupled to an array of transducers 111, such as via a bus 112, one or more analog-to-digital (A/D) converters, and digital logic. The transmit-and-receive circuit 150 can include one or more of a transmit beamformer 102, a receive beamformer 128, or other elements. In an illustrative example, the transmit-and-receive circuit 170 can include a transmitter circuit configured to provide one or more imaging sequences such as a pulse inversion (PI) sequence, a contrast pulse sequence (CPS), an amplitude-modulated (AM) sequence, or one or more other sequences, such as an acoustic radiation force (ARF) sequence.”
Herbst further discloses para. 0037 “IG. 3A illustrates generally an example of a sequence of imaging events 304A, 304B, and optionally, an intervening acoustic radiation force (ARF) transmission sequence 306, that can be used to obtain decorrelation information, such as for use in weighting (e.g., emphasis or de-emphasis) of a region of interest containing microbubbles. During duration d.sub.1, an acoustic transmission pulse sequence 304A can be delivered, such as to obtain one or more imaging frames before application of the ARF transmission sequence 306, and a second acoustic transmission pulse sequence 304B can be delivered during duration d.sub.3. The acoustic transmission pulse sequences 304A and 304B can include at least one of a pulse inversion (PI) sequence, a contrast pulse sequence (CPS), or an amplitude modulation (AM) sequence. The acoustic transmission pulse sequence can include pulses selected to suppress echoes at the fundamental frequency. Receiving of elicited echoes can include receiving acoustic energy having a range of frequencies offset from a fundamental frequency associated with the first and second acoustic imaging pulse sequences. As an illustration, a pulse inversion (PI) sequence can include a sequence of pulses having normalized amplitudes of {1, −1, 1, . . . }. A contrast pulse sequence (CPS) can include pulses having normalized amplitudes such as having a transmission amplitude {½, −1, ½, . . . } and a corresponding receive weighting. Other pulse sequences, such as an amplitude modulated sequence, can include normalized amplitudes such as {1, ½, ½, 1, −½, −½, . . . } or other variations. The pulse sequence can be generated to suppress first order (e.g., linear) reflections.”
Therefore, since Herbst provide for multiple imaging pulse sequences and further for adjusting the amplitude of such imaging sequences, it would have been obvious to one skilled in the art before the effective filing date to adjust the pulses and amplitude of such pulses because doing so will allow for superior detection of contrast agent (see Herbst para. 0006). Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. KSR Int'l Co. V. Teleflex Inc., 550 U.S. 398 (2007).
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Herbst further discloses acquiring first echo signals corresponding to the pulse sequence from the ultrasound echo signals, generating and displaying a contrast microbubble image in real time based on the first echo signals corresponding to the single pulses; (see display of images, see para. 0009 “ n embodiment, can include, or can optionally be combined with the subject matter of one or any combination of other embodiments herein to include, subject matter (such as an apparatus, a method, a means for performing acts, or a machine readable medium including instructions that, when performed by the machine, that can cause the machine to perform acts), such as can include generating acoustic pulse sequences and receiving corresponding echoes elicited by the acoustic pulse sequences, determining decorrelation between images corresponding to the received echoes, the received echoes corresponding at least in part to a contrast medium in a tissue medium insonified by the acoustic pulse sequences, the contrast medium agitated by the insonation, applying a weighting map to an image to weight at least a region of the image corresponding to a spatial location of the contrast medium using the determined decorrelation. The receiving of corresponding echoes elicited by the acoustic imaging pulse sequences can include receiving acoustic energy having a range of frequencies offset from a fundamental frequency associated with the acoustic imaging pulse sequences.” and
acquiring second echo signals corresponding to the single pulses from the ultrasound echo signals (see for example para. 0038 in which multiple imaging sequences are emitted and received to generate images)
However, Herbst fails to explicitly disclose and generating and displaying a super-resolution contrast-enhanced ultrasound (SR-CEUS) image based on the second echo signals.
In the same field of endeavor in the subject of methods and apparatus for super resolution ultrasound imaging of microvessels using contrast agents Song discloses to acquired ultrasound echoes after contrast injection to generate super resolution contrast enhanced ultrasound (see para. 0006, “the present disclosure addresses the aforementioned drawbacks by providing a method for super-resolution imaging of microvessels using an ultrasound system. Ultrasound data that were acquired with an ultrasound system from a region-of-interest in a subject in which a microbubble contrast agent was present when the ultrasound data were acquired are provided to a computer system. Microbubble signal data are generated with the computer system by isolating microbubble signals in the ultrasound data from other signals in the ultrasound data. Microbubbles are localized in the microbubble signal data by processing the microbubble signal data with the computer system to determine spatial locations associated with microbubbles in the microbubble signal data. A super-resolution microvessel image is produced based at least in part on the localized microbubble signals.”
It would have been obvious to one skilled in the art before the effective filing data to generate a super-resolution contrast-enhanced ultrasound (SR-CEUS) image based on the second echo signals because doing so will allow for significantly improve microbubble tracking and accumulation (see Song para. 0005). A person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and there would have been a reasonable expectation of success in doing SO. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. Id.
With respect to claims 2, 18 Herbst in view of Song disclose wherein the amplitude of the single pulses is a first amplitude, and at least one pulse in the pulse sequence has an amplitude equal to the first amplitude (see Amplitude modulation provided by Herbs, para. 0024, 0037).
With respect to claims 3, 19 Herbst in view of Song disclose wherein the pulse sequence comprises three pulses, wherein one of the three pulses has an amplitude equal to a sum of amplitudes of remaining two pulses (see para. 0037 for amplitude modulations A contrast pulse sequence (CPS) can include pulses having normalized amplitudes such as having a transmission amplitude {½, −1, ½, . . . } and a corresponding receive weighting. Other pulse sequences, such as an amplitude modulated sequence, can include normalized amplitudes such as {1, ½, ½, 1, −½, −½, . . . } or other variations.).
With respect to claims 4, 20 Herbst in view of Song disclose wherein amplitudes of the pulses in the pulse sequence are symmetrically distributed (see para. 0037, contrast pulse sequence variations and amplitude modulated sequences).
With respect to claim 5 Herbst in view of Song disclose wherein the pulse sequence comprises two pulses, wherein one of the two pulses has an amplitude of a full-amplitude pulse, and the other pulse has an amplitude of a half-amplitude pulse (Herbst para. 0024, 0037, 0038).
With respect to claim 6 Herbst in view of Song disclose wherein the single pulses are transmitted to the target object at a single angle or a plurality of angles; and the pulses in the pulse sequence are transmitted to the target object at the single angle or the plurality of angles (see Song para. 0095).
With respect to claim 7 Herbst in view of Song disclose wherein before controlling an ultrasound probe to transmit a plurality of ultrasound pulse combinations to a target object injected with a contrast agent, the method further comprises :controlling the ultrasound probe to transmit one or more ultrasound pulse sequences to the target object and receive third echo signals; generating and displaying a third contrast-enhanced ultrasound (CEUS) image based on the third echo signals; acquiring a region of interest of the target object based on the third CEUS image; and controlling the ultrasound probe to transmit the plurality of ultrasound pulse combinations to the region of interest of the target object (Herbst discloses emitting and receiving one or more imaging pulses sequences to obtain images, (para. 0006)).
With respect to claim 8 Herbst in view of Song disclose wherein the one or more ultrasound pulse sequences are identical to the pulse sequence in the ultrasound pulse combinations (see Herbst 0006).
With respect to claim 9 Herbst in view of Song disclose wherein generating and displaying a SR-CEUS image is further based on the first echo signals (see Song, para. 0006).
With respect to claim 10 Herbst in view of Song disclose wherein an imaging region corresponding to the first echo signals is identical to an imaging region corresponding to the second echo signals (see both Herbst, region of interest imaging, para. 0009).
With respect to claim 12 Herbst in view of Song disclose wherein the ultrasound pulse combination comprises a plurality of first pulse sequences, wherein each of the plurality of first pulse sequences comprises a same number of pulses (see Herbst para. 0037).
With respect to claim 13 Herbst in view of Song disclose wherein the ultrasound pulse combination comprises a plurality of first pulse sequences, wherein at least one of the plurality of first pulse sequences has a number of pulses different from that of remaining of the plurality of first pulse sequences (see Herbst para. 0037-0038).
With respect to claim 14 Herbst in view of Song disclose wherein the amplitude of the single pulses is a first amplitude; and at least one pulse in the second pulse sequence has an amplitude equal to the first amplitude (see Herbst para. 0037).
With respect to claim 15 Herbst in view of Song disclose wherein the second pulse sequence comprises three pulses, and one of the three pulses has an amplitude equal to a sum of amplitudes of remaining two pulses (see Herbst para. 0024, 0035-0038).
With respect to claim 16 Herbst in view of Song disclose wherein the second pulse sequence comprises two pulses, wherein one of the two pulses has an amplitude of a full-amplitude pulse, and the other pulse has an amplitude of a half-amplitude pulse (see Herbst para. 0024, 0035-0038).
Response to Arguments
Applicant's arguments filed 07/06/2026 have been fully considered but they are not persuasive.
Regarding the applicant’s arguments from pg. 6 to the first paragraph of pg. 10, as best understood by the Examiner, the applicant focus on the intervening acoustic radiation force (ARF) transmission and that such ARF transmission solely serves as an intermediate agitation step and not for generating imaging during such ARF transmission; the Examiner agrees with this point; and it should point that, first (1) the ARF agitation is optional (see para. 0008, “the apparatus and techniques described herein can include applying two or more imaging pulse sequences, and optionally applying acoustic radiation force (ARF)” and second (2) the invention provide for imaging sequence that vary amplitude or not for example (see para. 0037 “As an illustration, a pulse inversion (PI) sequence can include a sequence of pulses having normalized amplitudes of {1, −1, 1, . . . }. A contrast pulse sequence (CPS) can include pulses having normalized amplitudes such as having a transmission amplitude {½, −1, ½, . . . } and a corresponding receive weighting. Other pulse sequences, such as an amplitude modulated sequence, can include normalized amplitudes such as {1, ½, ½, 1, −½, −½, . . . } or other variations. The pulse sequence can be generated to suppress first order (e.g., linear) reflections.”).
Therefore, the rejection is maintained.
It should be further noted, that it appears the applicant implies in the arguments, as best understood, that only the echo signals corresponding to the pulse sequence is used to generate a contrast enhanced ultrasound image and only the echo signals corresponding to the single pulses are used for generated another type of contrast enhanced image, But the claims do not set forth that, the claims, based on the broadest reasonable interpretation, set forth for example that both echos can be part of generating both images as long as the pulse sequence echos are used as part of the generation of the contrast microbubble image and the single pulses to generate the SR-CEUS image. ***If the applicant intends that only the corresponding echos are used, the Examiner recommends adding the term only correspondingly in the claim language***.
Regarding the arguments toward the secondary reference of Song in which the applicant argues, as best understood by the Examiner, that Song fails to provide the imaging sequence , i.e. single pulses of the same amplitude, the Examiner points to Song Fig. 17, single pulses 1704.
The rejection is maintained.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Luo et al (US 2020/0281571, which discloses a contrast enhanced ultrasound imaging method and an ultrasound imaging device. The method may include: determining a target imaging mode from preset imaging modes in response to the first instruction, where the preset imaging modes comprise a first contrast enhanced imaging mode and a second contrast enhanced imaging mode which have different frame rate; transmitting ultrasound waves to a target object and receiving ultrasound echoes returned from the target object according to the determined target imaging mode to obtain ultrasound echo signals; and generating a contrast enhanced image according to the ultrasound echo signals. An ultrasound imaging device is also be provided).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M. Kozak can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M SANTOS RODRIGUEZ/Primary Examiner, Art Unit 3797
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