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
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-2, 6-12, and 16-20 rejected under 35 U.S.C. 103 as being unpatentable over Fenster et al (US20240282047), hereinafter Fenster, in view of Kim et al (US 20160361043), hereinafter Kim.
Regarding claim 1, Fenster teaches an ultrasound imaging apparatus (Fig. 2) comprising:
an ultrasound transceiving module (20) (“The system comprises an ultrasound transducer 20 which is connected to a 3D imaging device 50 for obtaining multiple 2D ultrasound images along a scanning axis 22a, 22b.” [0064]; Fig. 2);
a memory storing instructions (a memory of the “smartphone, tablet, laptop, or desktop computer.” [0064]; “software methods” [0073]; “3D multiplanar viewing software” [0085]); and
at least one processor (18) comprising processing circuitry, wherein, when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to:
obtain a plurality of original volumes (“V.sub.A and V.sub.B” [0098]) through the ultrasound transceiving module (“Once a 3DUS is obtained along the first scanning axis 22a and/or the second scanning axis 22b the datasets can be sent to the image processor 18 which is operatively connected to a graphical user interface 34. Preferably the image processor 18 and graphical user interface 34 are in the same electronic device, which can be, for example, a smartphone, tablet, laptop, or desktop computer.” [0064]; “The present method and system can thereby be used to capture and store the multiple 3D ultrasound images” [0082]; Fig. 2);
generate a merged volume (“C3DUS (V.sub.3DUS)” [0098]) by merging the plurality of original volumes (“Combined 3D ultrasound (C3DUS)” [0062]. “With the two acquired orthogonal sets of 2D ultrasound images, a combined 3DUS dataset, also referred to as a complementary breast ultrasound (CBUS) image, can be generated.” [0073] “The final fused image depicts a whole breast 3D ultrasound image volume” [0085]; Fig. 1);
display a merged volume cross-section image (106) indicating a cross-sectional area of interest within the merged volume (“The presently described method and system provides for a high resolution display plane image to be quickly generated from any clinically desired viewing angle using the two separate 3DUS volumetric datasets” [0060]. “FIG. 1 is a 3D Automated breast ultrasound (ABUS) image with an oblique angle display plane and three orthogonal display planes showing two different oblique views of the 3DUS image of the breast” [0061]; “the present method and system can be used to select an oblique display plane, or a display plane that is out of plane relative to the 2D image planes that make up each 3DUS image, through the 3D volume 106.” [0068]; Fig. 3; “a real-time ultrasound display at the selected cross sectional plane through the volume can be generated with high resolution and with minimal processing power.” [0070]); and
based on a position of the cross-sectional area of interest within the merged volume (Fig. 13 c) (“various 3D CBUS image cutting planes…orthogonal cross-section views” [0098]), display an original volume cross-section image of the selected original volume (Figs. 13 a-b) (an image showing the “in-plane resolution” [0095]) (“from the original orthogonal 3D ultrasound” [0098]) corresponding to the merged volume cross-section image (“FIG. 13 illustrates averaged 2D US image slices for the craniocaudal (V.sub.A), mediolateral (V.sub.B), and combined 3DUS images” [0049] “To view any section through the 3D volume, the viewing or display plane can be selected by the use of a graphical user interface.[0068]; “FIG. 12 is a set of coronal views of 3DUS images of the angular wire phantom in the craniocaudal (V.sub.A), mediolateral (V.sub.B), and combined 3DUS image…The lowest in-plane resolution for V.sub.A occurs at 90° and V.sub.B occurs at 0°” [0095] “in orthogonal cross-section views of the wires from the original orthogonal 3D ultrasound and 3D CB ultrasound images was determined." [0098]; “These FWHM trends are consistent with the image quality, as visualized as blurring of the angular wires, in the coronal view plane” [0106]; Figs. 11-13).
Fenster does not explicitly teach that the ultrasound imaging apparatus is configured to receive a user's input to select one of the plurality of original volumes.
However, in the ultrasound imaging field of endeavor, Kim discloses a method and apparatus for displaying ultrasound images, which is analogous art. Kim teaches that the ultrasound imaging apparatus (1000) is configured to receive a user's input to select one of the plurality of original volumes (S2920) (“The ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among the plurality of volumes (S2920).” [0342]. “Furthermore, the ultrasound diagnosis apparatus 1000 may also display a separate user interface for selecting one of the plurality of volumes. The ultrasound diagnosis apparatus 1000 may display the selected volume in such a manner as to distinguish the selected volume from non-selected volumes.” [0343] “Referring to FIG. 30, the ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among a plurality of volumes and setting 3D rendering properties with respect to the selected volume.” [0350] “The ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among the plurality of volumes. In this case, the ultrasound diagnosis apparatus 1000 may display the selected volume in such a manner as to distinguish it from non-selected volumes.” [0351]).
Therefore, based on Kim’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fenster to employ the ultrasound imaging apparatus that is configured to receive a user's input to select one of the plurality of original volumes, as taught by Kim, in order to improve the user interface of the system.
Regarding claim 2, Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 1, wherein Fenster teaches that, when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to:
based on the position of the cross-sectional area of interest within the merged volume, obtain the original volume cross-section image of the selected original volume (Figs. 13 a-b) corresponding to the merged volume cross-section image (Fig. 13 c); and display the obtained original volume cross-section image (“FIG. 13 illustrates averaged 2D US image slices for the craniocaudal (V.sub.A), mediolateral (V.sub.B), and combined 3DUS images” [0049] “To view any section through the 3D volume, the viewing or display plane can be selected by the use of a graphical user interface.[0068]; “orthogonal cross-section views of the wires from the original orthogonal 3D ultrasound and 3D CB ultrasound images" [0098]; “These FWHM trends are consistent with the image quality, as visualized as blurring of the angular wires, in the coronal view plane” [0106]; Figs. 11-13).
Regarding claim 6, Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 1, wherein Fenster teaches that, when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to receive a user's input to set the cross-sectional area of interest within the merged volume (“To view any section through the 3D volume, the viewing or display plane can be selected by the use of a graphical user interface. In this way, a clinician can more easily view cross-sections through the 3D volume that may be suspicious as regions of interest in the 3D ultrasound image. In particular, the present method and system can be used to select an oblique display plane, or a display plane that is out of plane relative to the 2D image planes that make up each 3DUS image, through the 3D volume 106.” [0068]; Figs. 1-3).
Regarding claim 7, Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 1, wherein Fenster teaches that the cross-sectional area of interest comprises a plurality of cross-sectional areas of interest (Figs. 1 and 11-12), and when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to:
display a plurality of merged volume cross-section images (images corresponding to 0 and 90 degrees in Figs. 11c-12c) indicating the plurality of cross-sectional areas of interest within the merged volume (Figs. 1 and 11-12); and display a plurality of original volume cross-section images (images corresponding to 0 and 90 degrees in Figs. 11a-b-12a-b) of the selected original volume corresponding to the plurality of merged volume cross-section images (“FIG. 12 is a set of coronal views of 3DUS images of the angular wire phantom in the craniocaudal (V.sub.A), mediolateral (V.sub.B), and, combined 3DUS image” [0048]; “To view any section through the 3D volume, the viewing or display plane can be selected by the use of a graphical user interface.” [0068]; “The lowest in-plane resolution for V.sub.A occurs at 90° and V.sub.B occurs at 0°, which coincides with the best resolution as indicated for the craniocaudal and mediolateral directions.” [0095]; “orthogonal cross-section views of the wires from the original orthogonal 3D ultrasound and 3D CB ultrasound images" [0098]; Figs. 11-12).
Regarding claim 8, Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 7, wherein Fenster teaches that the plurality of merged volume cross-section images comprise a plane A, a plane B, and a plane C of the merged volume (“FIG. 1 is a 3D Automated breast ultrasound (ABUS) image with an oblique angle display plane and three orthogonal display planes showing two different oblique views of the 3DUS image of the breast” [0061]; Fig. 1).
Regarding claim 9, Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 7, wherein Fenster teaches that the plurality of original volumes comprise a plurality of volumes obtained by scanning in different directions (“FIG. 6A is an orthogonal 3DUS image acquired in a healthy male volunteer along a first scanning axis in an ABUS scan” [0040]. “FIG. 6B is an orthogonal 3DUS image acquired in a healthy male volunteer along a second scanning axis in an ABUS scan” [0041]; “a 3DUS is obtained along the first scanning axis 22a and/or the second scanning axis 22b” [0064]; Figs. 5, 6A-B, and 12a-b), and the plurality of merged volume cross-section images comprise images of a plurality of predetermined cross-sectional areas of interest within the merged volume (“FIG. 1 is a 3D Automated breast ultrasound (ABUS) image with an oblique angle display plane and three orthogonal display planes showing two different oblique views of the 3DUS image of the breast” [0061]; Fig. 1).
Fenster does not teach volumes obtained by scanning a brain of a fetus.
However, in the ultrasound imaging field of endeavor, Kim discloses a method and apparatus for displaying ultrasound images, which is analogous art. Kim teaches volumes obtained by scanning a brain of a fetus (S530) (“if an ultrasound image shows an internal structure of a 3D volume of a fetal face, the ultrasound image may represent relative positions in a depth direction of parts such as a skull, a brain” [0107]. “Referring to FIG. 4C, if a 3D volume is a fetus 280 in the uterus, an ultrasound image 100 generated by rendering the 3D volume may show contours of a brain and organs of the fetus 280” [0140]; Figs. 4C and 5).
Therefore, based on Kim’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fenster to employ volumes obtained by scanning a brain of a fetus, as taught by Kim, in order to improve diagnostic capabilities of the system.
Regarding claim 10, Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 1, wherein, Fenster teaches that the user interface comprises cross-sectional images of the plurality of original volumes (“The coronal views are each taken at the bisection of the top layer of the angular wire phantom in the focal zone: a) craniocaudal (V.sub.A) 3DUS image, b) mediolateral (V.sub.B) 3DUS image,” [0095]; Figs. 11a-b and 12a-b) as identification information of the plurality of original volumes ( “FIG. 12 is a set of coronal views of 3DUS images of the angular wire phantom in the craniocaudal (V.sub.A), mediolateral (V.sub.B) .... The coronal views are each taken at the bisection of the top layer of the angular wire phantom in the focal zone: a) craniocaudal (V.sub.A) 3DUS image, b) mediolateral (V.sub.B) 3DUS image,” [0095]; Figs. 11a-b and 12a-b. The coronal views that are taken at the bisection serve as identification information of the plurality of original volumes V.sub.A and V.sub.B).
Fenster does not teach that when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to display a user interface for selecting one of the plurality of original volumes.
However, in the ultrasound imaging field of endeavor, Kim discloses a method and apparatus for displaying ultrasound images, which is analogous art. Kim teaches that the ultrasound imaging apparatus (1000) is configured to display a user interface for selecting one of the plurality of original volumes (S2920) (“The ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among the plurality of volumes (S2920).” [0342]. “Furthermore, the ultrasound diagnosis apparatus 1000 may also display a separate user interface for selecting one of the plurality of volumes. The ultrasound diagnosis apparatus 1000 may display the selected volume in such a manner as to distinguish the selected volume from non-selected volumes.” [0343] “Referring to FIG. 30, the ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among a plurality of volumes and setting 3D rendering properties with respect to the selected volume.” [0350] “The ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among the plurality of volumes. In this case, the ultrasound diagnosis apparatus 1000 may display the selected volume in such a manner as to distinguish it from non-selected volumes.” [0351]).
Therefore, based on Kim’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fenster to employ the ultrasound imaging apparatus that is configured to display a user interface for selecting one of the plurality of original volumes, when the instructions are individually or collectively executed by the at least one processor, as taught by Kim, in order to improve the user interface of the system.
Regarding claim 11, Fenster teaches a method (“The present method … can thereby be used to capture and store the multiple 3D ultrasound images” [0082]; Fig. 2), performed by an ultrasound imaging apparatus (“The system comprises an ultrasound transducer 20 which is connected to a 3D imaging device 50 for obtaining multiple 2D ultrasound images along a scanning axis 22a, 22b.” [0064]; Fig. 2) of visualizing an ultrasound merged volume (“The present method … can thereby be used to capture and store the multiple 3D ultrasound images” [0082]; Figs. 1-2), the method comprising:
obtaining a plurality of original volumes (“V.sub.A and V.sub.B” [0098]) through the ultrasound transceiving module (“Once a 3DUS is obtained along the first scanning axis 22a and/or the second scanning axis 22b the datasets can be sent to the image processor 18 which is operatively connected to a graphical user interface 34. Preferably the image processor 18 and graphical user interface 34 are in the same electronic device, which can be, for example, a smartphone, tablet, laptop, or desktop computer.” [0064]; “The present method and system can thereby be used to capture and store the multiple 3D ultrasound images” [0082]; Fig. 2);
generating a merged volume (“C3DUS (V.sub.3DUS)” [0098]) by merging the plurality of original volumes (“Combined 3D ultrasound (C3DUS)” [0062]. “With the two acquired orthogonal sets of 2D ultrasound images, a combined 3DUS dataset, also referred to as a complementary breast ultrasound (CBUS) image, can be generated.” [0073] “The final fused image depicts a whole breast 3D ultrasound image volume” [0085]; Fig. 1);
displaying a merged volume cross-section image (106) indicating a cross-sectional area of interest within the merged volume (“The presently described method and system provides for a high resolution display plane image to be quickly generated from any clinically desired viewing angle using the two separate 3DUS volumetric datasets” [0060]. “FIG. 1 is a 3D Automated breast ultrasound (ABUS) image with an oblique angle display plane and three orthogonal display planes showing two different oblique views of the 3DUS image of the breast” [0061]; “the present method and system can be used to select an oblique display plane, or a display plane that is out of plane relative to the 2D image planes that make up each 3DUS image, through the 3D volume 106.” [0068]; Fig. 3; “a real-time ultrasound display at the selected cross sectional plane through the volume can be generated with high resolution and with minimal processing power.” [0070]); and
displaying an original volume cross-section image of the selected original volume (Figs. 13 a-b) (an image showing the “in-plane resolution” [0095]) (“from the original orthogonal 3D ultrasound” [0098]) corresponding to the merged volume cross-section image (“FIG. 13 illustrates averaged 2D US image slices for the craniocaudal (V.sub.A), mediolateral (V.sub.B), and combined 3DUS images” [0049] “To view any section through the 3D volume, the viewing or display plane can be selected by the use of a graphical user interface.[0068]; “FIG. 12 is a set of coronal views of 3DUS images of the angular wire phantom in the craniocaudal (V.sub.A), mediolateral (V.sub.B), and combined 3DUS image…The lowest in-plane resolution for V.sub.A occurs at 90° and V.sub.B occurs at 0°” [0095] “in orthogonal cross-section views of the wires from the original orthogonal 3D ultrasound and 3D CB ultrasound images was determined." [0098]; “These FWHM trends are consistent with the image quality, as visualized as blurring of the angular wires, in the coronal view plane” [0106]; Figs. 11-13) based on a position of the cross-sectional area of interest within the merged volume (Fig. 13 c) (“various 3D CBUS image cutting planes…orthogonal cross-section views” [0098]).
Fenster does not explicitly teach receiving a user's input to select one of the plurality of original volumes.
However, in the ultrasound imaging field of endeavor, Kim discloses a method and apparatus for displaying ultrasound images, which is analogous art. Kim teaches receiving a user's input to select one of the plurality of original volumes (S2920) (“The ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among the plurality of volumes (S2920).” [0342]. “Furthermore, the ultrasound diagnosis apparatus 1000 may also display a separate user interface for selecting one of the plurality of volumes. The ultrasound diagnosis apparatus 1000 may display the selected volume in such a manner as to distinguish the selected volume from non-selected volumes.” [0343] “Referring to FIG. 30, the ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among a plurality of volumes and setting 3D rendering properties with respect to the selected volume.” [0350] “The ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among the plurality of volumes. In this case, the ultrasound diagnosis apparatus 1000 may display the selected volume in such a manner as to distinguish it from non-selected volumes.” [0351]).
Therefore, based on Kim’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fenster to employ the step of receiving a user's input to select one of the plurality of original volumes, as taught by Kim, in order to improve the user interface of the system.
Regarding claim 12, Fenster modified by Kim teaches the method of claim 11, wherein Fenster teaches obtaining the original volume cross-section image of the selected original volume (Figs. 13 a-b) corresponding to the merged volume cross-section image (Fig. 13 c) based on the position of the cross-sectional area of interest within the merged volume (“To view any section through the 3D volume” [0068]); and displaying the obtained original volume cross-section image (“FIG. 13 illustrates averaged 2D US image slices for the craniocaudal (V.sub.A), mediolateral (V.sub.B), and combined 3DUS images” [0049] “To view any section through the 3D volume, the viewing or display plane can be selected by the use of a graphical user interface.[0068]; “orthogonal cross-section views of the wires from the original orthogonal 3D ultrasound and 3D CB ultrasound images" [0098]; “These FWHM trends are consistent with the image quality, as visualized as blurring of the angular wires, in the coronal view plane” [0106]; Figs. 11-13).
Regarding claim 16, Fenster modified by Kim teaches the method of claim 11, wherein Fenster teaches receiving a user's input to set the cross-sectional area of interest within the merged volume (“To view any section through the 3D volume, the viewing or display plane can be selected by the use of a graphical user interface. In this way, a clinician can more easily view cross-sections through the 3D volume that may be suspicious as regions of interest in the 3D ultrasound image. In particular, the present method and system can be used to select an oblique display plane, or a display plane that is out of plane relative to the 2D image planes that make up each 3DUS image, through the 3D volume 106.” [0068]; Figs. 1-3).
Regarding claim 17, Fenster modified by Kim teaches the method of claim 11, , wherein Fenster teaches displaying a plurality of merged volume cross-section images (images corresponding to 0 and 90 degrees in Figs. 11c-12c) indicating the plurality of cross-sectional areas of interest within the merged volume (Figs. 1 and 11-12); and displaying a plurality of original volume cross-section images (images corresponding to 0 and 90 degrees in Figs. 11a-b-12a-b) of the selected original volume corresponding to the plurality of merged volume cross-section images (“FIG. 12 is a set of coronal views of 3DUS images of the angular wire phantom in the craniocaudal (V.sub.A), mediolateral (V.sub.B), and, combined 3DUS image” [0048]; “To view any section through the 3D volume, the viewing or display plane can be selected by the use of a graphical user interface.” [0068]; “The lowest in-plane resolution for V.sub.A occurs at 90° and V.sub.B occurs at 0°, which coincides with the best resolution as indicated for the craniocaudal and mediolateral directions.” [0095]; “orthogonal cross-section views of the wires from the original orthogonal 3D ultrasound and 3D CB ultrasound images" [0098]; Figs. 11-12).
Regarding claim 18, Fenster modified by Kim teaches the method of claim 17, wherein Fenster teaches that the plurality of merged volume cross-section images comprise a plane A, a plane B, and a plane C of the merged volume (“FIG. 1 is a 3D Automated breast ultrasound (ABUS) image with an oblique angle display plane and three orthogonal display planes showing two different oblique views of the 3DUS image of the breast” [0061]; Fig. 1).
Regarding claim 19, Fenster modified by Kim teaches the method of claim 17, wherein Fenster teaches that the plurality of original volumes comprise a plurality of volumes obtained by scanning in different directions (“FIG. 6A is an orthogonal 3DUS image acquired in a healthy male volunteer along a first scanning axis in an ABUS scan” [0040]. “FIG. 6B is an orthogonal 3DUS image acquired in a healthy male volunteer along a second scanning axis in an ABUS scan” [0041]; “a 3DUS is obtained along the first scanning axis 22a and/or the second scanning axis 22b” [0064]; Figs. 5, 6A-B, and 12a-b), and the plurality of merged volume cross-section images comprise images of a plurality of predetermined cross-sectional areas of interest within the merged volume (“FIG. 1 is a 3D Automated breast ultrasound (ABUS) image with an oblique angle display plane and three orthogonal display planes showing two different oblique views of the 3DUS image of the breast” [0061]; Fig. 1).
Fenster does not teach volumes obtained by scanning a brain of a fetus.
However, in the ultrasound imaging field of endeavor, Kim discloses a method and apparatus for displaying ultrasound images, which is analogous art. Kim teaches volumes obtained by scanning a brain of a fetus (S530) (“if an ultrasound image shows an internal structure of a 3D volume of a fetal face, the ultrasound image may represent relative positions in a depth direction of parts such as a skull, a brain” [0107]. “Referring to FIG. 4C, if a 3D volume is a fetus 280 in the uterus, an ultrasound image 100 generated by rendering the 3D volume may show contours of a brain and organs of the fetus 280” [0140]; Figs. 4C and 5).
Therefore, based on Kim’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fenster to employ volumes obtained by scanning a brain of a fetus, as taught by Kim, in order to improve diagnostic capabilities of the system.
Regarding claim 20, Fenster modified by Kim teaches the method of claim 11, wherein Fenster teaches that the user interface comprises cross-sectional images of the plurality of original volumes (“The coronal views are each taken at the bisection of the top layer of the angular wire phantom in the focal zone: a) craniocaudal (V.sub.A) 3DUS image, b) mediolateral (V.sub.B) 3DUS image,” [0095]; Figs. 11a-b and 12a-b) as identification information of the plurality of original volumes ( “FIG. 12 is a set of coronal views of 3DUS images of the angular wire phantom in the craniocaudal (V.sub.A), mediolateral (V.sub.B) .... The coronal views are each taken at the bisection of the top layer of the angular wire phantom in the focal zone: a) craniocaudal (V.sub.A) 3DUS image, b) mediolateral (V.sub.B) 3DUS image,” [0095]; Figs. 11a-b and 12a-b. The coronal views that are taken at the bisection serve as identification information of the plurality of original volumes V.sub.A and V.sub.B).
Fenster does not teach displaying a user interface for selecting one of the plurality of original volumes.
However, in the ultrasound imaging field of endeavor, Kim discloses a method and apparatus for displaying ultrasound images, which is analogous art. Kim teaches displaying a user interface for selecting one of the plurality of original volumes (S2920) (“The ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among the plurality of volumes (S2920).” [0342]. “Furthermore, the ultrasound diagnosis apparatus 1000 may also display a separate user interface for selecting one of the plurality of volumes. The ultrasound diagnosis apparatus 1000 may display the selected volume in such a manner as to distinguish the selected volume from non-selected volumes.” [0343] “Referring to FIG. 30, the ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among a plurality of volumes and setting 3D rendering properties with respect to the selected volume.” [0350] “The ultrasound diagnosis apparatus 1000 may receive a user input for selecting one volume from among the plurality of volumes. In this case, the ultrasound diagnosis apparatus 1000 may display the selected volume in such a manner as to distinguish it from non-selected volumes.” [0351]).
Therefore, based on Kim’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Fenster to employ the step of displaying a user interface for selecting one of the plurality of original volumes, as taught by Kim, in order to improve the user interface of the system.
Claims 3-4 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Fenster and Kim as applied to claims 1 and 11, and further in view of Inoue (US20120293507), hereinafter Inoue.
Regarding claim 3 Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 1.
Fenster modified by Kim does not teach that when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to update the merged volume cross-section image so as to preferentially display data of the selected original volume for an area where the data of the selected original volume overlaps data of other original volumes in the cross-sectional area of interest within the merged volume.
However, in the ultrasonic diagnostic systems and methods field of endeavor, Inoue discloses ultrasonic diagnostic apparatus and ultrasonic image display method, which is analogous art. Inoue teaches that when the instructions are individually or collectively executed by the at least one processor (207), the ultrasound imaging apparatus is configured to update the merged volume cross-section image so as to preferentially display data of the selected original volume for an area (“the hard region” [0066]) where the data of the selected original volume overlaps data of other original volumes in the cross-sectional area of interest within the merged volume (“Also, the 3-dimensional elastic image synthesizing section 207 is capable of synthesizing the 3-dimensional elastic image 400 of the hard region (blue) and the 3-dimensional elastic image 402 of the soft region (red) such that the images are superimposed and displayed on the display unit 120 on a display pixel basis as shown in FIG. 5. On the display unit 120, a preferential display setting unit 500 is displayed, besides the synthesized 3-dimensional elastic image, for giving indication priority of the 3-dimensional elastic image 400 of the hard region (blue) or 3-dimensional elastic image 402 of the soft region (red).” [0066]. “In the case that the 3-dimensional elastic image 400 of the hard region (blue) is set to be preferentially displayed as shown in FIG. 5, the 3-dimensional elastic image synthesizing section 207 sets the 3-dimensional elastic image 402 of the soft region (red) to be displayed on the back surface and the 3-dimensional elastic image 400 of the hard region (blue) to be displayed on the front surface.” [0068]; Figs. 2 and 4-5).
Therefore, based on Inoue’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Fenster and Kim to employ, when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus that is configured to update the merged volume cross-section image so as to preferentially display data of the selected original volume for an area where the data of the selected original volume overlaps data of other original volumes in the cross-sectional area of interest within the merged volume, as taught by Inoue, in order to improve diagnostic capabilities of the system.
Regarding claim 4, Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 1.
Fenster modified by Kim does not teach that when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to: receive a user's input to set priorities of the plurality of original volumes; and update the merged volume cross-section image so as to preferentially display data of an original volume with relatively high priority for an area where data of the plurality of original volumes overlap.
However, in the ultrasonic diagnostic systems and methods field of endeavor, Inoue discloses ultrasonic diagnostic apparatus and ultrasonic image display method, which is analogous art. Inoue teaches that when the instructions are individually or collectively executed by the at least one processor (207), the ultrasound imaging apparatus is configured to: receive a user's input to set priorities of the plurality of original volumes; and update the merged volume cross-section image so as to preferentially display data of an original volume with relatively high priority for an area where data of the plurality of original volumes overlap (“Also, the 3-dimensional elastic image synthesizing section 207 is capable of synthesizing the 3-dimensional elastic image 400 of the hard region (blue) and the 3-dimensional elastic image 402 of the soft region (red) such that the images are superimposed and displayed on the display unit 120 on a display pixel basis as shown in FIG. 5. On the display unit 120, a preferential display setting unit 500 is displayed, besides the synthesized 3-dimensional elastic image, for giving indication priority of the 3-dimensional elastic image 400 of the hard region (blue) or 3-dimensional elastic image 402 of the soft region (red).” [0066]. “In the case that the 3-dimensional elastic image 400 of the hard region (blue) is set to be preferentially displayed as shown in FIG. 5, the 3-dimensional elastic image synthesizing section 207 sets the 3-dimensional elastic image 402 of the soft region (red) to be displayed on the back surface and the 3-dimensional elastic image 400 of the hard region (blue) to be displayed on the front surface.” [0068]; Figs. 2 and 4-5).
Therefore, based on Inoue’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Fenster and Kim to employ, when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus that is configured to update the merged volume cross-section image so as to preferentially display data of the selected original volume for an area where the data of the selected original volume overlaps data of other original volumes in the cross-sectional area of interest within the merged volume, as taught by Inoue, in order to improve diagnostic capabilities of the system.
Regarding claim 13, Fenster modified by Kim teaches the method of claim 11.
Fenster modified by Kim does not teach updating the merged volume cross-section image so as to preferentially display data of the selected original volume for an area where the data of the selected original volume overlaps data of other original volumes in the cross-sectional area of interest within the merged volume.
However, in the ultrasonic diagnostic systems and methods field of endeavor, Inoue discloses ultrasonic diagnostic apparatus and ultrasonic image display method, which is analogous art. Inoue teaches updating the merged volume cross-section image so as to preferentially display data of the selected original volume for an area (“the hard region” [0066]) where the data of the selected original volume overlaps data of other original volumes in the cross-sectional area of interest within the merged volume (“Also, the 3-dimensional elastic image synthesizing section 207 is capable of synthesizing the 3-dimensional elastic image 400 of the hard region (blue) and the 3-dimensional elastic image 402 of the soft region (red) such that the images are superimposed and displayed on the display unit 120 on a display pixel basis as shown in FIG. 5. On the display unit 120, a preferential display setting unit 500 is displayed, besides the synthesized 3-dimensional elastic image, for giving indication priority of the 3-dimensional elastic image 400 of the hard region (blue) or 3-dimensional elastic image 402 of the soft region (red).” [0066]. “In the case that the 3-dimensional elastic image 400 of the hard region (blue) is set to be preferentially displayed as shown in FIG. 5, the 3-dimensional elastic image synthesizing section 207 sets the 3-dimensional elastic image 402 of the soft region (red) to be displayed on the back surface and the 3-dimensional elastic image 400 of the hard region (blue) to be displayed on the front surface.” [0068]; Figs. 2 and 4-5).
Therefore, based on Inoue’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Fenster and Kim to employ the step of updating the merged volume cross-section image so as to preferentially display data of the selected original volume for an area where the data of the selected original volume overlaps data of other original volumes in the cross-sectional area of interest within the merged volume, as taught by Inoue, in order to improve diagnostic capabilities of the system.
Regarding claim 14, Fenster modified by Kim teaches the method of claim 11.
Fenster modified by Kim does not teach receiving a user's input to set priorities of the plurality of original volumes; and updating the merged volume cross-section image so as to preferentially display data of an original volume with relatively high priority for an area where data of the plurality of original volumes overlap.
However, in the ultrasonic diagnostic systems and methods field of endeavor, Inoue discloses ultrasonic diagnostic apparatus and ultrasonic image display method, which is analogous art. Inoue teaches receiving a user's input to set priorities of the plurality of original volumes (the “preferential display setting unit 500” is for receiving a user's input as claimed [0066]); and updating the merged volume cross-section image so as to preferentially display data of an original volume with relatively high priority for an area where data of the plurality of original volumes overlap (“Also, the 3-dimensional elastic image synthesizing section 207 is capable of synthesizing the 3-dimensional elastic image 400 of the hard region (blue) and the 3-dimensional elastic image 402 of the soft region (red) such that the images are superimposed and displayed on the display unit 120 on a display pixel basis as shown in FIG. 5. On the display unit 120, a preferential display setting unit 500 is displayed, besides the synthesized 3-dimensional elastic image, for giving indication priority of the 3-dimensional elastic image 400 of the hard region (blue) or 3-dimensional elastic image 402 of the soft region (red).” [0066]. “In the case that the 3-dimensional elastic image 400 of the hard region (blue) is set to be preferentially displayed as shown in FIG. 5, the 3-dimensional elastic image synthesizing section 207 sets the 3-dimensional elastic image 402 of the soft region (red) to be displayed on the back surface and the 3-dimensional elastic image 400 of the hard region (blue) to be displayed on the front surface.” [0068]; Figs. 2 and 4-5).
Therefore, based on Inoue’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Fenster and Kim to employ the step of receiving a user's input to set priorities of the plurality of original volumes; and updating the merged volume cross-section image so as to preferentially display data of an original volume with relatively high priority for an area where data of the plurality of original volumes overlap, as taught by Inoue, in order to improve diagnostic capabilities of the system.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fenster and Kim as applied to claims 1 and 11, and further in view of Lee et al (US20150374340), hereinafter Lee.
Regarding claim 5, Fenster modified by Kim teaches the ultrasound imaging apparatus of claim 1.
Fenster modified by Kim does not teach that when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to receive a user's input to set a reference volume from among the plurality of original volumes; and merge the plurality of original volumes based on a coordinate system of the reference volume.
However, in the ultrasonic diagnostic imaging field of endeavor, Lee discloses 3-dimensional ultrasound image provision using volume slices in an ultrasound system, which is analogous art. Lee teaches that when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus is configured to receive a user's input to set a reference volume (“a reference volume slice” [0023]) from among the plurality of original volumes (“volume slice regions” [0023])(“The user instructions may further include a third user instruction for setting a plurality of volume slice regions to obtain volume slices having different depths (i.e., different widths) for forming a plurality of 3-dimensional ultrasound images based on the volume slices…The user instructions may further include a seventh user instruction for setting a reference volume slice among the plurality of volume slices.” [0023]; “then the volume slice region setting section 143 may set the volume slice region corresponding to the fourth 3-dimensional ultrasound image 3D.sub.324 as a new reference volume slice region.” [0029]); and merge the plurality of original volumes based on a coordinate system of the reference volume (“The volume slice region setting section 143 may be further configured to newly set a plurality of volume slice regions in response to the seventh user instruction.” [0029]; “The processing unit 140 may further include an OH forming section 147. The OH forming section 147 may be configured to form an OH view 410, which may 3-dimensionally indicate entire contours of the volume data and the reference plane therein, as illustrated in FIG. 8.” [0036]; “The processing unit 140 may further include an image processing section 148. The image processing section 148 may arrange the reference plane with the ROI set, the OH view 410 and the plurality of 3-dimensional ultrasound images 3D.sub.321-3D.sub.327, the plurality of volume slices at the display regions included in the layout set in the layout setting section 145, as illustrated in FIG. 8.” [0037] Fig. 8).
Therefore, based on Lee’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Fenster and Kim to employ, when the instructions are individually or collectively executed by the at least one processor, the ultrasound imaging apparatus that is configured to receive a user's input to set a reference volume from among the plurality of original volumes; and merge the plurality of original volumes based on a coordinate system of the reference volume, as taught by Lee, in order to improve diagnostic capabilities of the system.
Regarding claim 15, Fenster modified by Kim teaches the method of claim 11.
Fenster modified by Kim does not teach receiving a user's input to set a reference volume from among the plurality of original volumes; and merging the plurality of original volumes based on a coordinate system of the reference volume.
However, in the ultrasonic diagnostic imaging field of endeavor, Lee discloses 3-dimensional ultrasound image provision using volume slices in an ultrasound system, which is analogous art. Lee teaches receiving a user's input to set a reference volume (“a reference volume slice” [0023]) from among the plurality of original volumes (“volume slice regions” [0023])(“The user instructions may further include a third user instruction for setting a plurality of volume slice regions to obtain volume slices having different depths (i.e., different widths) for forming a plurality of 3-dimensional ultrasound images based on the volume slices…The user instructions may further include a seventh user instruction for setting a reference volume slice among the plurality of volume slices.” [0023]; “then the volume slice region setting section 143 may set the volume slice region corresponding to the fourth 3-dimensional ultrasound image 3D.sub.324 as a new reference volume slice region.” [0029]); and merging the plurality of original volumes based on a coordinate system of the reference volume (“The volume slice region setting section 143 may be further configured to newly set a plurality of volume slice regions in response to the seventh user instruction.” [0029]; “The processing unit 140 may further include an OH forming section 147. The OH forming section 147 may be configured to form an OH view 410, which may 3-dimensionally indicate entire contours of the volume data and the reference plane therein, as illustrated in FIG. 8.” [0036]; “The processing unit 140 may further include an image processing section 148. The image processing section 148 may arrange the reference plane with the ROI set, the OH view 410 and the plurality of 3-dimensional ultrasound images 3D.sub.321-3D.sub.327, the plurality of volume slices at the display regions included in the layout set in the layout setting section 145, as illustrated in FIG. 8.” [0037] Fig. 8).
Therefore, based on Lee’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Fenster and Kim to employ the step receiving a user's input to set a reference volume from among the plurality of original volumes; and merging the plurality of original volumes based on a coordinate system of the reference volume, as taught by Lee, in order to improve diagnostic capabilities of the system.
Conclusion
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798
Prosecution Insights