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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/27/2026 has been considered by the examiner.
Specification
The abstract of the disclosure is objected to because the abstract filed 08/19/2025 does not pertain to the claimed invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US 20080287803 A1, published November 20, 2008), hereinafter referred to as Li.
Regarding claim 1, and similarly for claim 4, Li teaches a method, comprising:
acquiring ultrasound images using a catheter, and acquiring corresponding location signals from a location sensor in the catheter (Fig. 3; see para. 0066 – “…representations 372, 373,374 (See FIG.5) of the generally real-time tracked positions of the ICE catheter 105;…the cardiac and/or respiratory cycle data 364, 366 (See FIG. 1) synchronized with a time of acquisition of the partial views 358 of the 3D or 4D ICE image data and positions of either catheter 105 or 184;…”);
identifying, based on the location signals, a group of the ultrasound images having a matching Field Of View (FOV) (see para. 0052 – “The image acquisition step 355 can further include synchronizing or gating a sequence of image acquisition [matching FOV] relative to tracking data acquired by the hybrid tracking system 125 (e.g., tracking a location (e.g., position and/or orientation) [location signals] relative to the acquired image data).”);
averaging the ultrasound images in the group, to produce an enhanced image (see para. 0063 – “A number of image processing techniques such as …averaging can be used to merge the series of partial views 358 to a full-view 3D or 4D ICE model 362 [enhanced image] [T(ice.3D->wcs)].t1 for the t1 cardiac phase....”); and
displaying the enhanced image to a user (see para. 0057 – “Referring to FIGS. 1 through 5, according to another embodiment, the system 100 includes a graphic user interface (GUI) 371 operable to facilitate image data acquisition and reconstruction of the 3D or 4D ICE model 362, including display of a generally real-time 3D or 4D ICE image model 362 created from the acquired anatomical data;…to display synchronization of image data acquisition to create the 3D or 4D ICE image model 362 relative to the signal of the tracked cardiac or respiratory cycle…”).
Furthermore, regarding claims 2 and 5, Li further teaches wherein identifying the group comprises including in the group ultrasound images that match both in the FOV and in a level of motion of the catheter during acquisition (see para. 0052 – “The image acquisition step 355 can further include synchronizing or gating a sequence of image acquisition [matching FOV] relative to tracking data [matching catheter motion] acquired by the hybrid tracking system 125 (e.g., tracking a location (e.g., position and/or orientation) relative to the acquired image data).”).
Furthermore, regarding claims 3 and 6, Li further teaches wherein the ultrasound images image at least a portion of a heart (see para. 0050 – “To image an entire “anatomy of interest” (e.g. an entire chamber of the heart),…”), and wherein identifying the group comprises including in the group ultrasound images that match both in the FOV and in a cardiac phase of the heart during acquisition (see para. 0052 – “In addition, the image acquisition step 355 can further include synchronizing or gating a sequence of image acquisition [matching FOV] relative to measuring cardiac and respiratory signals [matching cardiac phase] by the electrophysiology system 132.”).
Furthermore, regarding claims 7 and 14, Li further teaches wherein the cardiac phase is determined using an electrocardiogram signal (see para. 0063 – “To generate the full-view 3D or 4D ICE model 362, an embodiment of the system 100 can group the partial views 358 of 3D or 4D ultrasound image data according the cardiac timing sequence, e.g…at cardiac phase t1.” Where determining a cardiac phase via an ECG signal is inherent and known in the art).
Furthermore, regarding claims 8 and 15, Li further teaches wherein the cardiac phase is determined using an electrocardiogram gating (see para. 0052 – “In addition, the image acquisition step 355 can further include synchronizing or gating a sequence of image acquisition relative to measuring cardiac [ECG gating] and respiratory signals by the electrophysiology system 132.”).
Furthermore, regarding claims 9 and 16, Li further teaches
acquiring a new ultrasound image using the catheter, and acquiring new corresponding location signals from the location sensor in the catheter (Fig. 3; see para. 0066 – “…representations 372, 373,374 (See FIG.5) of the generally real-time tracked positions of the ICE catheter 105;…the cardiac and/or respiratory cycle data 364, 366 (See FIG. 1) synchronized with a time of acquisition of the partial views 358 of the 3D or 4D ICE image data and positions of either catheter 105 or 184;…” receiving images and location signals in real time as receiving new images and new location signals);
determining, based on the new location signals, that the new ultrasound image matches the ultrasound images in the group (see para. 0052 – “The image acquisition step 355 can further include synchronizing or gating a sequence of image acquisition [matching FOV] relative to tracking data acquired by the hybrid tracking system 125 (e.g., tracking a location (e.g., position and/or orientation) [location signals] relative to the acquired image data).”);
averaging the new ultrasound image with the ultrasound images in the group to produce a new enhanced image (see para. 0063 – “A number of image processing techniques such as …averaging can be used to merge the series of partial views 358 to a full-view 3D or 4D ICE model 362 [T(ice.3D->wcs)].t1 for the t1 cardiac phase....”); and
displaying the new enhanced image to the user (see para. 0057 – “Referring to FIGS. 1 through 5, according to another embodiment, the system 100 includes a graphic user interface (GUI) 371 operable to facilitate image data acquisition and reconstruction of the 3D or 4D ICE model 362, including display of a generally real-time 3D or 4D ICE image model 362 created from the acquired anatomical data;…to display synchronization of image data acquisition to create the 3D or 4D ICE image model 362 relative to the signal of the tracked cardiac or respiratory cycle…”).
Furthermore, regarding claims 10 and 17, Li further teaches
acquiring a new ultrasound image using a second catheter, and acquiring new corresponding location signals from a second location sensor in the second catheter (see para. 0026 – “Referring to FIGS. 1 and 3, the tracking system 125 is generally operable to track or detect the position of the tool or ICE catheter 105 relative to the acquired image data or 3D or 4D reconstructed image or model generated by the image acquisition system 115, or relative to delivery of a second instrument or tool (e.g., ablation system 130, electrophysiology system 132) [or second catheter].”; Fig. 3; see para. 0066 – “…representations 372, 373,374 (See FIG.5) of the generally real-time tracked positions of the ICE catheter 105;…the cardiac and/or respiratory cycle data 364, 366 (See FIG. 1) synchronized with a time of acquisition of the partial views 358 of the 3D or 4D ICE image data and positions of either catheter 105 or 184;…” receiving images and location signals using a second catheter (second instrument or tool) as receiving new images and new location signals).
determining, based on the new location signals, that the new ultrasound image matches the ultrasound images in the group (see para. 0052 – “The image acquisition step 355 can further include synchronizing or gating a sequence of image acquisition [matching FOV] relative to tracking data acquired by the hybrid tracking system 125 (e.g., tracking a location (e.g., position and/or orientation) [location signals] relative to the acquired image data).”);
averaging the new ultrasound image with the ultrasound images in the group to produce a new enhanced image (see para. 0063 – “A number of image processing techniques such as …averaging can be used to merge the series of partial views 358 to a full-view 3D or 4D ICE model 362 [T(ice.3D->wcs)].t1 for the t1 cardiac phase....”); and
displaying the new enhanced image to the user (see para. 0057 – “Referring to FIGS. 1 through 5, according to another embodiment, the system 100 includes a graphic user interface (GUI) 371 operable to facilitate image data acquisition and reconstruction of the 3D or 4D ICE model 362, including display of a generally real-time 3D or 4D ICE image model 362 created from the acquired anatomical data;…to display synchronization of image data acquisition to create the 3D or 4D ICE image model 362 relative to the signal of the tracked cardiac or respiratory cycle…”).
Furthermore, regarding claims 11 and 18, Li further teaches wherein the location signals are indicative of a position and orientation of the catheter (see para. 0029 – “The tracking elements 185, 190, 195, 200 generally enable a surgeon to continually track the position and orientation of the catheters 105 or 184 (See FIG. 1) during surgery.”).
Furthermore, regarding claims 12 and 19, Li further teaches wherein the identifying the group of the ultrasound images comprises classifying the ultrasound images based on the position and orientation of the catheter (see para. 0052 – “The image acquisition step 355 can further include synchronizing or gating a sequence of image acquisition [classifying ultrasound images] relative to tracking data acquired by the hybrid tracking system 125 (e.g., tracking a location (e.g., position and/or orientation) [position and orientation of the catheter] relative to the acquired image data).” classifying ultrasound images as synchronizing or gating ultrasound images).
Furthermore, regarding claims 13 and 20, Li further teaches wherein the classifying the ultrasound images further comprises classifying the ultrasound images based on movement of the catheter during image acquisition (see para. 0052 – “The image acquisition step 355 can further include synchronizing or gating a sequence of image acquisition [classifying ultrasound images] relative to tracking data [movement of catheter] acquired by the hybrid tracking system 125 (e.g., tracking a location (e.g., position and/or orientation) relative to the acquired image data).” classifying ultrasound images as synchronizing or gating ultrasound images).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Govari et al. (US 20090177089 A1, published July 9, 2009) discloses acquiring the plurality of ultrasonic images includes inserting a catheter including an ultrasonic sensor into a chamber of the heart and moving the catheter between a plurality of spatial positions within the chamber; and measuring location and orientation coordinates of the ultrasonic sensor, and synchronizing the plurality of ultrasonic images and the location and orientation coordinates relative to a synchronizing signal including one of an electrocardiogram (ECG) signal, an internally-generated synchronization signal and an externally Supplied synchronization signal.
Hochmitz (US 20080178654 A1, published July 31, 2008) discloses an imaging probe includes an ultrasound transducer and a position sensor for acquiring concurrently a first sequence of ultrasound images and a second sequence of position measurements; and perform gated imaging, both the ultrasound images and the position measurements are typically synchronized to an electrocardiogram (ECG) signal.
Fuimaono et al. (US 20070287902 A1, published December 13, 2007) discloses ECG gating of the image recording and recording of the 3D mapping data, for example by referring to a percentage of the RR interval or to a fixed time interval before or after the R peak.
Tal (US 20070276226 A1, published November 29, 2007) discloses the electrical activation map is automatically registered with the ultrasound image using information obtained from position sensors in the catheters.
Soubelet et al. (US 20080240536 A1, published October 2, 2008) discloses detecting and compensating for respiratory motion in radiography cardiac images synchronized with an electrocardiogram signal.
Belt et al. (US 20150038842 A1, published February 5, 2015) discloses an extraction of N gated ultrasound images from an original M-mode image which is composed of all non-gated A-line envelopes, wherein the extraction is triggered by the phase signal being synchronous with the heart beating.
Dala-Krishna (US 20170301124 A1, published October 19, 2017) discloses a series of images of heart structure (e.g., heart wall, heart valve, etc.) at the same point in the cardiac cycle (within the timing errors discussed herein). If the imaged heart structure cycles through repetitive motions, the series of time-gated image frames may be combined (e.g., added or averaged) to enhance the clarity, or compared to identify irregular motions.
Cohen et al. (US 20100172556 A1, published July 8, 2010) discloses the image stream is gated to the same phase of the cardiac cycle, and the mask is applied to the gated image stream.
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/N.C./Examiner, Art Unit 3798