Office Action 1: Non-Final Rejection (2024-08-15)
Rejection types: 102 - Lack of Novelty, 112 - Written Description/Enablement

CLAIMS:
CLAIMS

What is Claimed is:

1\. A laser energy correction method in a photoacoustic imaging system, comprising:
controlling a laser to transmit a first optical pulse to a target tissue;
receiving a first acoustic wave generated by the target tissue absorbing the first optical pulse to acquire a first photoacoustic signal, and receiving a third acoustic wave generated by a marker absorbing the first optical pulse to acquire a third photoacoustic signal;
controlling the laser to transmit a second optical pulse to the target tissue, the first optical pulse having a first wavelength and the second optical pulse having a second wavelength different from the first wavelength;
receiving a second acoustic wave generated by the target tissue absorbing the second optical pulse to acquire a second photoacoustic signal, and receiving a fourth acoustic wave generated by the marker absorbing the second optical pulse to acquire a fourth photoacoustic signal;
correcting a signal intensity of the first photoacoustic signal based on a signal intensity of the third photoacoustic signal together with a first absorption coefficient of the marker with respect to the first optical pulse, and correcting a signal intensity of the second photoacoustic signal based on the fourth photoacoustic signal together with a second absorption coefficient of the marker with respect to the second optical pulse; and
acquiring an oxygen saturation of the target tissue based on the corrected signal intensity of the first photoacoustic signal and the corrected signal intensity of the second photoacoustic signal.

2\. A laser energy correction method in a photoacoustic imaging system, comprising:
controlling a laser to transmit a first optical pulse to a target tissue;
receiving a first acoustic wave generated by the target tissue absorbing the first optical pulse to acquire a first photoacoustic signal, and receiving a third acoustic wave generated by a marker absorbing the first optical pulse to acquire a third photoacoustic signal;
acquiring a first photoacoustic image based on the first photoacoustic signal and the third photoacoustic signal;
controlling the laser to transmit a second optical pulse to the target tissue; receiving a second acoustic wave generated by the target tissue absorbing the second optical pulse to acquire a second photoacoustic signal, and receiving a fourth acoustic wave generated by the marker absorbing the second optical pulse to acquire a fourth photoacoustic signal;
acquiring a second photoacoustic image based on the second photoacoustic signal and the fourth photoacoustic signal;
acquiring a first brightness value of a region corresponding to at least part of the marker in the first photoacoustic image, and acquiring a second brightness value of the region corresponding to at least part of the marker in the second photoacoustic image;
correcting a signal intensity of the first photoacoustic signal based on the first brightness value together with a first absorption coefficient of the marker with respect to the first optical pulse, and
correcting a signal intensity of the second photoacoustic signal based on the second brightness value together with a second absorption coefficient of the marker with respect to the second optical pulse; and
acquiring an oxygen saturation of the target tissue based on the corrected signal intensity of the first photoacoustic signal and the corrected signal intensity of the second photoacoustic signal.

3\. The method according to claim 1, wherein the marker is a light-absorbing marker arranged on a surface of an acoustic lens of a probe of the photoacoustic imaging system; or
the marker is melanin in a skin corresponding to the target tissue of a test object; or
the marker is a light-absorbing marker on a surface of a skin corresponding to the target tissue of a test object; or
the marker is a light-absorbing marker added on the acoustic lens; or
the marker is a light-absorbing marker added in an ultrasonic couplant gel.

4\. The method according to claim 3, wherein the first absorption coefficient of the light-absorbing marker with respect to the first optical pulse is lower than an absorption coefficient of the target tissue to the first optical pulse; and
the second absorption coefficient of the light-absorbing marker with respect to the second optical pulse is lower than an absorption coefficient of the target tissue to the second optical pulse.

5\. The method according to claim 3, wherein a shape of the light-absorbing marker arranged on the surface of the acoustic lens of the probe of the photoacoustic imaging system comprises one of the following shapes: line, point, polygon, and irregular shape.

6\. The method according to claim 2, wherein acquiring a first brightness value of a region corresponding to at least part of the marker in the first photoacoustic image comprises:
acquiring pixel values of multiple pixels in the region corresponding to at least part of the marker in the first photoacoustic image; and
determining the first brightness value based on the pixel values of multiple pixels, wherein the first brightness value comprises one of a mean value of the pixel values of multiple pixels, a median value of the pixel values of multiple pixels, and a pixel value corresponding to a peak value of a histogram of the pixel values of multiple pixels.

7\. The method according to claim 2, wherein acquiring a second brightness value of the region corresponding to at least part of the marker in the second photoacoustic image comprises:
acquiring pixel values of multiple pixels in the region corresponding to at least part of the marker in the second photoacoustic image; and
determining the second brightness value based on the pixel values of multiple pixels, wherein the second brightness value comprises the mean value of the pixel values of multiple pixels, the median value of the pixel values of multiple pixels, or a pixel value corresponding to a peak value of the histogram of the pixel values of multiple pixels.

8\. The method according to claim 2, wherein correcting a signal intensity of the first photoacoustic signal based on the first brightness value together with a first absorption coefficient of the marker with respect to the first optical pulse and correcting a signal intensity of the second photoacoustic signal based on the second brightness value together with a second absorption coefficient of the marker with respect to the second optical pulse comprise:
dividing the signal intensity of the first photoacoustic signal by the first brightness value and then multiplying by the first absorption coefficient to acquire the corrected signal intensity of the first photoacoustic signal; and dividing the signal intensity of the second photoacoustic signal by the second brightness value and then multiplying by the second absorption coefficient to acquire the corrected signal intensity of the second photoacoustic signal.

9\. The method according to claim 2, further comprising:
displaying the first photoacoustic image, the second photoacoustic image and an image of the oxygen saturation.

10\. The method according to claim 1, wherein a wavelength of a light transmitted by the laser is adjustable.

11\. The method according to claim 2, wherein the marker is a light-absorbing marker arranged on a surface of an acoustic lens of a probe of the photoacoustic imaging system; or
the marker is melanin in a skin corresponding to the target tissue of a test object; or
the marker is a light-absorbing marker on a surface of a skin corresponding to the target tissue of a test object; or
the marker is a light-absorbing marker added on the acoustic lens; or
the marker is a light-absorbing marker added in an ultrasonic couplant gel.

12\. The method according to claim 11, wherein the first absorption coefficient of the light- absorbing marker with respect to the first optical pulse is lower than an absorption coefficient of the target tissue to the first optical pulse; and
the second absorption coefficient of the light-absorbing marker with respect to the second optical pulse is lower than an absorption coefficient of the target tissue to the second optical pulse.

13\. The method according to claim 11, wherein a shape of the light-absorbing marker arranged on the surface of the acoustic lens of the probe of the photoacoustic imaging system comprises one of the following shapes: line, point, polygon, and irregular shape.

14\. The method according to claim 2, wherein a wavelength of a light transmitted by the laser is adjustable.

15\. A photoacoustic imaging system, comprising:
an ultrasonic probe;
a laser configured to transmit a first optical pulse and a second optical pulse to a target tissue, the first optical pulse having a first wavelength and the second optical pulse having a second wavelength;
a receiving circuit configured to control the ultrasonic probe to receive a first acoustic wave generated by the target tissue absorbing the first optical pulse to acquire a first photoacoustic signal, control the ultrasonic probe to receive a second acoustic wave generated by the target tissue absorbing the second optical pulse to acquire a second photoacoustic signal, control the ultrasonic probe to receive a third acoustic wave generated by the marker absorbing the first optical pulse to acquire a third photoacoustic signal, and receive a fourth acoustic wave generated by the marker absorbing the second optical pulse to acquire a fourth photoacoustic signal;
a memory configured to store executable program instructions;
a processor configured to execute the program instructions stored in the memory, so that the processor executes the method according to claim
2; and
a display configured to display visual information.

16\. The system according to claim 15, wherein the marker is a light-absorbing marker arranged on a surface of an acoustic lens of a probe of the photoacoustic imaging system; or
the marker is melanin in a skin corresponding to the target tissue of a test object; or
the marker is a light-absorbing marker on a surface of a skin corresponding to the target tissue of a test object; or
the marker is a light-absorbing marker added on the acoustic lens; or
the marker is a light-absorbing marker added in an ultrasonic couplant gel.

17\. The system according to claim 16, wherein the first absorption coefficient of the light-absorbing marker with respect to the first optical pulse is lower than an absorption coefficient of the target tissue to the first optical pulse; and the second absorption coefficient of the light-absorbing marker with respect to the second optical pulse is lower than an absorption coefficient of the target tissue to the second optical pulse.

18\. The system according to claim 15, wherein acquiring a first brightness value of a region corresponding to at least part of the marker in the first photoacoustic image comprises:
acquiring pixel values of multiple pixels in the region corresponding to at least part of the marker in the first photoacoustic image; and
determining the first brightness value based on the pixel values of multiple pixels, wherein the first brightness value comprises one of a mean value of the pixel values of multiple pixels, a median value of the pixel values of multiple pixels, and a pixel value corresponding to a peak value of a histogram of the pixel values of multiple pixels.

19\. The system according to claim 15, wherein acquiring a second brightness value of the region corresponding to at least part of the marker in the second photoacoustic image comprises:
acquiring pixel values of multiple pixels in the region corresponding to at least part of the marker in the second photoacoustic image; and
determining the second brightness value based on the pixel values of multiple pixels, wherein the second brightness value comprises the mean value of the pixel values of multiple pixels, the median value of the pixel values of multiple pixels, or a pixel value corresponding to a peak value of the histogram of the pixel values of multiple pixels.

20\. The system according to claim 15, wherein correcting a signal intensity of the first photoacoustic signal based on the first brightness value together with a first absorption coefficient of the marker with respect to the first optical pulse and correcting a signal intensity of the second photoacoustic signal based on the second brightness value together with a second absorption coefficient of the marker with respect to the second optical pulse comprise:
dividing the signal intensity of the first photoacoustic signal by the first brightness value and then multiplying by the first absorption coefficient to acquire the corrected signal intensity of the first photoacoustic signal; and dividing the signal intensity of the second photoacoustic signal by the second brightness value and then multiplying by the second absorption coefficient to acquire the corrected signal intensity of the second photoacoustic signal. 38 39 40 41 42 43 44

OFFICE ACTION:
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b)  CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, and 6-10, 14-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA  35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the term “marker” is considered indefinite since it is unclear as to what applicant means. It is unclear if applicant means a particular parameter of a pulse transmission, a particular value from the signal acquired by the device or an actual device to produce a trait in the light. For examination purposes, the examiner will interpret the term “marker” as a shape or parameter given from the light source to illuminate a region of interest.
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 1-7, and 9-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US 2013/0109941 A1).
With respect to claim 1, Li discloses a laser energy correction method in a photoacoustic imaging system, comprising: controlling a laser to transmit a first optical pulse to a target tissue (see light source #16 controlled by light drive #60and modulated by #44 modulator in Figure 2; paragraphs 0019-0020); receiving a first acoustic wave generated by the target tissue absorbing the first optical pulse to acquire a first photoacoustic signal, and receiving a third acoustic wave generated by a marker absorbing the first optical pulse to acquire a third photoacoustic signal (see detector #18 in Figure 2, see paragraph 0032, 0039-0041 for receiving wave signals including a “marker” signal according to the 112 section as interpreted above); controlling the laser to transmit a second optical pulse to the target tissue (see paragraph 0059 discussing the light source control through light drive #60 according to paragraph 0046-0047), the first optical pulse having a first wavelength and the second optical pulse having a second wavelength different from the first wavelength (see paragraphs 0019, 0023, 0032 and 0039); receiving a second acoustic wave generated by the target tissue absorbing the second optical pulse to acquire a second photoacoustic signal, and receiving a fourth acoustic wave generated by the marker absorbing the second optical pulse to acquire a fourth photoacoustic signal (see paragraph 0021, 0084); correcting a signal intensity of the first photoacoustic signal based on a signal intensity of the third photoacoustic signal together with a first absorption coefficient of the marker with respect to the first optical pulse, and correcting a signal intensity of the second photoacoustic signal based on the fourth photoacoustic signal together with a second absorption coefficient of the marker with respect to the second optical pulse (see paragraphs 0042, 0047 and 0065); and acquiring an oxygen saturation of the target tissue based on the corrected signal intensity of the first photoacoustic signal and the corrected signal intensity of the second photoacoustic signal (see paragraphs 0019, 0034, 0096-0097 and 0104).
With respect to claim 2, Li discloses a laser energy correction method in a photoacoustic imaging system, comprising (as seen on Figure 2): controlling a laser to transmit a first optical pulse to a target tissue (see light source #16 controlled by light drive #60 in Figure 2; paragraphs 0019-0020); receiving a first acoustic wave generated by the target tissue absorbing the first optical pulse to acquire a first photoacoustic signal, and receiving a third acoustic wave generated by a marker absorbing the first optical pulse to acquire a third photoacoustic signal; acquiring a first photoacoustic image based on the first photoacoustic signal and the third photoacoustic signal (see detector #18 in Figure 2, see paragraph 0032, 0039-0041 for receiving wave signals including a “marker” signal according to the 112 section as interpreted above); controlling the laser to transmit a second optical pulse to the target tissue; receiving a second acoustic wave generated by the target tissue absorbing the second optical pulse to acquire a second photoacoustic signal, and receiving a fourth acoustic wave generated by the marker absorbing the second optical pulse to acquire a fourth photoacoustic signal (see paragraph 0059 discussing the light source control through light drive #60 according to paragraph 0046-0047); acquiring a second photoacoustic image based on the second photoacoustic signal and the fourth photoacoustic signal (see paragraph 0021); acquiring a first brightness value of a region corresponding to at least part of the marker in the first photoacoustic image, and acquiring a second brightness value of the region corresponding to at least part of the marker in the second photoacoustic image; correcting a signal intensity of the first photoacoustic signal based on the first brightness value together with a first absorption coefficient of the marker with respect to the first optical pulse, and correcting a signal intensity of the second photoacoustic signal based on the second brightness value together with a second absorption coefficient of the marker with respect to the second optical pulse (see paragraphs 0042, 0047 and 0065); and acquiring an oxygen saturation of the target tissue based on the corrected signal intensity of the first photoacoustic signal and the corrected signal intensity of the second photoacoustic signal (see paragraphs 0019, 0034, 0096-0097 and 0104).
With respect to claims 3, 11 and 16, Li discloses the marker is a light-absorbing marker arranged on a surface of an acoustic lens of a probe of the photoacoustic imaging system; or the marker is melanin in a skin corresponding to the target tissue of a test object; or the marker is a light-absorbing marker on a surface of a skin corresponding to the target tissue of a test object; or the marker is a light-absorbing marker added on the acoustic lens; or the marker is a light-absorbing marker added in an ultrasonic couplant gel (see paragraph 0077 discussing the input of skin color for effective optical properties considered as the claimed melanin in a skin corresponding to the target tissue of a test object).
With respect to claims 4, 12 and 17, Li discloses the first absorption coefficient of the light-absorbing marker with respect to the first optical pulse is lower than an absorption coefficient of the target tissue to the first optical pulse; and the second absorption coefficient of the light-absorbing marker with respect to the second optical pulse is lower than an absorption coefficient of the target tissue to the second optical pulse (see paragraphs 0023 and 0104).
With respect to claims 5 and 13, Li discloses a shape of the light-absorbing marker arranged on the surface of the acoustic lens of the probe of the photoacoustic imaging system comprises one of the following shapes: line, point, polygon, and irregular shape (see paragraphs 0021 an 0040 disclosing any shape).
With respect to claims 6, 18 and 19, Li discloses acquiring a first brightness value of a region corresponding to at least part of the marker in the first photoacoustic image comprises: acquiring pixel values of multiple pixels in the region corresponding to at least part of the marker in the first photoacoustic image; and determining the first brightness value based on the pixel values of multiple pixels, wherein the first brightness value comprises one of a mean value of the pixel values of multiple pixels, a median value of the pixel values of multiple pixels, and a pixel value corresponding to a peak value of a histogram of the pixel values of multiple pixels (see paragraphs 0042, 0047 and 0065 and 0097).
With respect to claim 7, Li discloses acquiring a second brightness value of the region corresponding to at least part of the marker in the second photoacoustic image comprises: acquiring pixel values of multiple pixels in the region corresponding to at least part of the marker in the second photoacoustic image; and determining the second brightness value based on the pixel values of multiple pixels, wherein the second brightness value comprises the mean value of the pixel values of multiple pixels, the median value of the pixel values of multiple pixels, or a pixel value corresponding to a peak value of the histogram of the pixel values of multiple pixels (see paragraphs 0042, 0047 and 0065 and 0097).
With respect to claim 9, Li discloses displaying the first photoacoustic image, the second photoacoustic image and an image of the oxygen saturation (see paragraphs 0022, 0034-0036; see display device #20 in Figure 2).
With respect to claims 10 and 14, Li discloses a wavelength of a light transmitted by the laser is adjustable (see paragraph 0039).
With respect to claim 15, A photoacoustic imaging system, comprising (see system in Figure 2): an ultrasonic probe (see paragraphs 0020 and 0032 indicating detector #18 in sensor #12 is an ultrasonic detector); a laser configured to transmit a first optical pulse and a second optical pulse to a target tissue (light source #16), the first optical pulse having a first wavelength and the second optical pulse having a second wavelength (see paragraphs 0019, 0023, 0032 and 0039); a receiving circuit configured to control the ultrasonic probe to receive a first acoustic wave generated by the target tissue absorbing the first optical pulse to acquire a first photoacoustic signal (see paragraph 0021, 0084), control the ultrasonic probe to receive a second acoustic wave generated by the target tissue absorbing the second optical pulse to acquire a second photoacoustic signal, control the ultrasonic probe to receive a third acoustic wave generated by the marker absorbing the first optical pulse to acquire a third photoacoustic signal, and receive a fourth acoustic wave generated by the marker absorbing the second optical pulse to acquire a fourth photoacoustic signal (see paragraph 0021, 0084); a memory configured to store executable program instructions; a processor configured to execute the program instructions stored in the memory, so that the processor executes the method according to claim 2 (see paragraphs 0043-0045, see RAM and ROM memories and processor #48 in Figure 2); and a display configured to display visual information (see display #20).
Allowable Subject Matter
Claims 8 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art cited in the PTO 892 not relied upon discloses photoacoustic systems.

APPLICANT REBUTTAL: REMARKS
Please reconsider the present application in view of the above amendments and the following remarks. Applicant thanks the Examiner for carefully considering the present application.
I.
Disposition of Claims
Claim 1 has been amended by incorporating "wherein a material of the marker comprises a material with light-absorbing properties, and the first absorption coefficient of the marker with respect to the first optical pulse and the second absorption coefficient of the marker with respect to the second optical pulse are capable of being acquired based on an absorption spectrum in an imaging wavelength range of the marker" in the claim.
Claim 2 has been amended in the manner similar to claim 1.
Claim 11 has been amended by incorporating claim 12.
New claim 21 has been added.
Support for the amendment can be found throughout the specification and at least in paragraphs [0067] and [0080]-[0082] of the specification as originally filed.
No new matters are added.
II.
Claim Rejections under 35 U.S.C.
§
112(b)
In the Office Action, claims 1-2, 6-10 and 14-20 were rejected under 35 U.S.C. §112(b) as allegedly being indefinite, page 2.
In response, applicant respectfully submits that claim 1 has been amended by incorporating "wherein a material of the marker comprises a material with light-absorbing properties, and the first absorption coefficient of the marker with respect to the first optical pulse and the second absorption coefficient of the marker with respect to the second optical pulse are capable of being acquired based on an absorption spectrum in an imaging wavelength range of the marker" in the claim. Amended claim 1 clearly recites that the marker is physical substance, rather than a shape or parameter given from the light source to illuminate a region of interest, so that the amended claims more clearly comply with 35 U.S.C. § 112(b).
Therefore, Applicant respectfully requests withdrawal of the rejections under 35 U.S.C. § 112(b).
III.
Claim Rejections under 35 U.S.C.
2(a)(1)
Claims 1-7 and 9-19 were rejected under 35 U.S.C. §102(a)(1) as allegedly being anticipated by Li et al. (US2013/0109941A1), page 3.
Applicant respectfully traverses. However, to advance the prosecution and without conceding to the rejections, claim 1 has been amended to moot the rejections.
The amended claim 1 recites, among other elements, that:
receiving a first acoustic wave generated by the target tissue absorbing the first
optical pulse to acquire a first photoacoustic signal, and receiving a third acoustic wave generated by a marker absorbing the first optical pulse to acquire a third photoacoustic
signal
receiving a second acoustic wave generated by the target tissue absorbing the
second optical pulse to acquire a second photoacoustic signal, and receiving a fourth acoustic wave generated by the marker absorbing the second optical pulse to acquire a
fourth photoacoustic signal
correcting a signal intensity of the first photoacoustic signal based on a signal
intensity of the third photoacoustic signal together with a first absorption coefficient of the marker with respect to the first optical pulse, and correcting a signal intensity of the second photoacoustic signal based on the fourth photoacoustic signal together with a
second absorption coefficient of the marker with respect to the second optical pulse
wherein a material of the marker comprises a material with light-absorbing
properties, and the first absorption coefficient of the marker with respect to the first optical pulse and the second absorption coefficient of the marker with respect to the second optical pulse are capable of being acquired based on an absorption spectrum in an
imaging wavelength range of the marker. (Feature A)
Applicant respectfully submits that Li fails to disclose Feature A of the amended claim 1 for the following reasons.
As the marker is defined as "a material with light-absorbing properties", it is made clear that the present invention is directed to correcting the photoacoustic signal generated by the laser irradiating the target tissue with the photoacoustic signal generated by the laser irradiating the marker with light-absorbing properties, so as to obtain the corrected photoacoustic signal.
In the Office Action, the Examiner asserted that paragraph [0077] of Li discloses the marker. Paragraph [0077] of Li discloses "step 610 need not include performing a measurement, and may include accessing empirical information (e.g., historical measurement, historical data, sample population data), a mathematical model, and other suitable information, or any combination thereof...step 610 may include processor 312 using a mathematical model to characterize one or more optical parameters based on suitable recalled optical information. In some embodiments, step 610 may include
receiving optical information from operator input.
For example, an operator may input one or more values or descriptors to system 300, and processor 312 may then characterize optical properties of the subject. In an illustrative example,
an operator may input the subject's age and skin color into system 300, and processor 312 may determine effective optical properties based on these descriptors".
That is, Li discloses that the operation inputs the skin color of the subject into the system without performing the measurement.
However, as stated above, the marker recited in the amended claim 1 includes the material with light-absorbing properties, which is completely different from the skin color input by the operator.
Therefore, it is submitted that Li fails to disclose the marker that includes a material with light-absorbing properties, and the first absorption coefficient of the marker with respect to the first optical pulse and the second absorption coefficient of the marker with respect to the second optical pulse are capable of being acquired based on an absorption spectrum in an imaging wavelength range of the marker, let alone receiving the acoustic wave generated by the marker absorbing the optical pulse.
Furthermore, Li (see paragraph [0042]) discloses "encoder 42 may contain information about sensor unit 12, such as what type of sensor it is (e.g., where the sensor is intended to be placed on a subject), the wavelength(s) of light emitted by light source 16, the intensity of light emitted by light source 16 (e.g., output wattage or Joules), the mode of light source 16 (e.g., pulsed versus CW), any other suitable information, or any combination thereof. This information may be used by monitor 14 to select appropriate algorithms, lookup tables and/or calibration coefficients stored in monitor 14 for calculating the subject's physiological parameters". That is,
Li discloses using the photoacoustic information and optical information to calculate the subject's physiological parameters.
However, Li is silent about correcting the signal intensity of the photoacoustic signal related to acoustic wave generated by the tissue absorbing the optical pulse based on the signal intensity of the photoacoustic signal related to acoustic wave generated by the marker absorbing the optical pulse together with the absorption coefficient.
In view of the above, Li is silent about the marker with the material with the light- absorbing properties, let alone using the marker with the light-absorbing properties (of which the absorption coefficient are capable of being acquired) to correct the signal intensity of the photoacoustic signal related to acoustic wave generated by the tissue absorbing the optical pulse based on the signal intensity of the photoacoustic signal related to acoustic wave generated by the marker absorbing the optical pulse together with the absorption coefficient.
Therefore, it is submitted that Li fails to disclose Feature A of the amended claim 1.
Therefore, amended independent claim 1 is patentable over Li. For at least the similar reasons, the amended independent claim 2 is also patentable over Li. The dependent claims ultimately depend from the allowable independent claims and thus are patentable at least due to their dependency. Accordingly, Applicant respectfully requests withdrawal of the rejections under 35 U.S.C. §102.
IV.
Allowable Subject Matter
Applicant thanks the Examiner for the indication of allowable subject matter of claims 8 and 20, page 8.
As discussed above, independent claims 1-2 are allowable. Claims 8 and 20 ultimately depend from allowable independent claim 2, and thus are allowable at least due to their dependency.
CONCLUSION


CITED REFERENCE SUMMARIES: Ref US9920188B2: Claims:
A phantom, comprising: a poly(vinyl chloride) plastisol (PVCP) comprising poly (vinyl chloride)(PVC) and a binary plasticizer comprising or consisting of benzyl butyl phthalate (BBP) and di (2-ethylhexyl) adipate (DEHA), wherein the phantom is configured to simulate the optical and acoustic properties of a living tissue.
a poly(vinyl chloride) plastisol (PVCP) comprising poly (vinyl chloride)(PVC) and a binary plasticizer comprising or consisting of benzyl butyl phthalate (BBP) and di (2-ethylhexyl) adipate (DEHA), wherein the phantom is configured to simulate the optical and acoustic properties of a living tissue.
The phantom of claim 1 , wherein the phantom is further configured to simulates the morphological properties of the living tissue.
The phantom of claim 1 , wherein the phantom is for use with detection and imaging systems based on optics and/or acoustics.
The phantom of claim 3 , wherein the phantom is for use with photoacoustic and/or ultrasound imaging systems.
The phantom of claim 1 , wherein the PVCP gel comprises from 2% to 20% m/m PVC/binary plasticizer.
The phantom of claim 5 , wherein the PVCP gel comprises from 10% to 20%, from 5% to 15%, from 7% to 15%, from 7% to 12%, or from 8% to 10%, m/m PVC/binary plasticizer.
The phantom of claim 5 , wherein the PVCP gel comprises about 5%, about 8%, about 9%, about 10%, about 11%, about 15%, or about 20%, m/m PVC/binary plasticizer.
The phantom of claim 1 , wherein the binary plasticizer comprises or consists of BBP and DEHA at a volume ratio of from 1000:1 to 1:1000.
The phantom of claim 8 , wherein the binary plasticizer comprises or consists of BBP and DEHA at a volume ratio of from 100:1 to 1:100.
The phantom of claim 8 , wherein the binary plasticizer comprises or consists of BBP and DEHA at a volume ratio of about 99:1, about 95:5, about 90:10, about 85:15, about 80:20, about 75:25, about 70:30, about 60:40, about 50:50, about 40:60, about 30:70, about 25:75, about 10:90, or about 1:99.
The phantom of claim 8 , wherein the binary plasticizer comprises or consists of BBP and DEHA at a volume ratio of 99:1, 95:5, 90:10, 85:15, 80:20, 75:25, 70:30, 60:40, 50:50, 40:60, 30:70, 25:75, 10:90, or 1:99.
The phantom of claim 1 , wherein the PVCP gel further comprises one or more additives comprising an optical absorber, an optical scatterer, an acoustic absorber, and/or an acoustic scatterer.
The phantom of claim 12 , wherein: the optical absorber comprises black plastic colorant (BPC); the optical scatterer comprises titanium dioxide, such as anatase TiO 2 with mean particle/agglomerate diameter of from 500 to 600 nm; the acoustic absorber comprises glass microparticles comprising a mean diameter of from 10 to 100 Î¼m; and/or the acoustic scatterer comprises glass microparticles comprising a mean diameter of less than 10 Î¼m.
the optical absorber comprises black plastic colorant (BPC);
the optical scatterer comprises titanium dioxide, such as anatase TiO 2 with mean particle/agglomerate diameter of from 500 to 600 nm;
the acoustic absorber comprises glass microparticles comprising a mean diameter of from 10 to 100 Î¼m; and/or
the acoustic scatterer comprises glass microparticles comprising a mean diameter of less than 10 Î¼m.
The phantom of claim 1 , wherein the PVCP gel comprises: 7-12% m/m PVC/binary plasticizer wherein the binary plasticizer comprises or consists of BBP and DEHA at a volume ratio of from 25/75 to 90/10 BBP/DEHA; 0-100 mg/mL glass microparticles; 0-3 mg/mL titanium dioxide; and 0-0.5% v/v black plastic colorant (BPC).
7-12% m/m PVC/binary plasticizer wherein the binary plasticizer comprises or consists of BBP and DEHA at a volume ratio of from 25/75 to 90/10 BBP/DEHA;
0-100 mg/mL glass microparticles;
0-3 mg/mL titanium dioxide; and
0-0.5% v/v black plastic colorant (BPC).
The phantom of claim 1 , wherein the PVCP gel simulates: fatty breast tissue, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 30 to about 70, about 25 mg/mL silica microparticles, about 1.5 mg/mL titanium dioxide, and no BPC; breast tissue with moderate relative fat/parenchyma content, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 75 to about 25, about 50 mg/mL silica microparticles, about 1.75 mg/mL titanium dioxide, and about 0.002% v/v BPC; breast tissue with moderate relative fat/parenchyma content, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 75 to about 25, about 30 mg/mL silica microparticles, about 2.0 mg/mL titanium dioxide, and about 0.002% v/v BPC; breast tissue with moderate relative fat/parenchyma content, wherein the PVCP gel comprises about 8.4% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 40 to about 60, about 10 mg/mL silica microparticles, and about 2.29 mg/mL titanium dioxide; parenchymal breast tissue, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 90 to about 10, about 100 mg/mL silica microparticles, about 2.5 mg/mL titanium dioxide, and about 0.002% v/v BPC; parenchymal breast tissue, wherein the PVCP gel comprises about 8.6% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 87 to about 13, about 30 mg/mL silica microparticles, about 2.95 mg/mL titanium dioxide; skin, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 99 to about 1, about 200 mg/mL silica microparticles, about 2.5 mg/mL titanium dioxide, and about 0.008% v/v BPC; abdominal fat, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 40 to about 60, no silica microparticles, about 1.5 mg/mL titanium dioxide, and no BPC; brain, wherein the PVCP gel comprises about 8% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 90 to about 10, about 25 mg/mL silica microparticles, about 2.5 mg/mL titanium dioxide, and no BPC; liver, wherein the PVCP gel comprises about 8% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 75 to about 25, about 50 mg/mL silica microparticles, about 1.5 mg/mL titanium dioxide, and about 0.004% v/v BPC; or skeletal muscle, wherein the PVCP gel comprises about 8% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 75 to about 25, about 100 mg/mL silica microparticles, about 2.0 mg/mL titanium dioxide, and about 0.012% v/v BPC.
fatty breast tissue, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 30 to about 70, about 25 mg/mL silica microparticles, about 1.5 mg/mL titanium dioxide, and no BPC;
breast tissue with moderate relative fat/parenchyma content, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 75 to about 25, about 50 mg/mL silica microparticles, about 1.75 mg/mL titanium dioxide, and about 0.002% v/v BPC;
breast tissue with moderate relative fat/parenchyma content, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 75 to about 25, about 30 mg/mL silica microparticles, about 2.0 mg/mL titanium dioxide, and about 0.002% v/v BPC;
breast tissue with moderate relative fat/parenchyma content, wherein the PVCP gel comprises about 8.4% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 40 to about 60, about 10 mg/mL silica microparticles, and about 2.29 mg/mL titanium dioxide;
parenchymal breast tissue, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 90 to about 10, about 100 mg/mL silica microparticles, about 2.5 mg/mL titanium dioxide, and about 0.002% v/v BPC;
parenchymal breast tissue, wherein the PVCP gel comprises about 8.6% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 87 to about 13, about 30 mg/mL silica microparticles, about 2.95 mg/mL titanium dioxide;
skin, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 99 to about 1, about 200 mg/mL silica microparticles, about 2.5 mg/mL titanium dioxide, and about 0.008% v/v BPC;
abdominal fat, wherein the PVCP gel comprises about 10% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 40 to about 60, no silica microparticles, about 1.5 mg/mL titanium dioxide, and no BPC;
brain, wherein the PVCP gel comprises about 8% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 90 to about 10, about 25 mg/mL silica microparticles, about 2.5 mg/mL titanium dioxide, and no BPC;
liver, wherein the PVCP gel comprises about 8% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 75 to about 25, about 50 mg/mL silica microparticles, about 1.5 mg/mL titanium dioxide, and about 0.004% v/v BPC; or
skeletal muscle, wherein the PVCP gel comprises about 8% m/m PVC/binary plasticizer, binary plasticizer comprising BBP and DEHA at a volume ratio of about 75 to about 25, about 100 mg/mL silica microparticles, about 2.0 mg/mL titanium dioxide, and about 0.012% v/v BPC.
The phantom of claim 1 , wherein the PVCP gel further comprises about 1% v/v heat stabilizer/binary plasticizer.
The phantom of claim 1 , wherein the PVCP gel comprises: an acoustic attenuation value of from 0.5 to 6 dB/cm at 4 MHz to from 5 to 30 dB/cm at 9 MHz; an optical absorption coefficient of from 0.05 to 10 cm â1 at 400 nm and from 0.05 to 10 cm â1 at 1100 nm, an optical scattering coefficient of from 0.05 to 40 cm â1 at 400 nm and from 0.05 to 20 cm â1 at 1100 nm; and/or wherein the speed of sound through the PVCP gel is from 1400 to 1520 m/s.
an acoustic attenuation value of from 0.5 to 6 dB/cm at 4 MHz to from 5 to 30 dB/cm at 9 MHz;
an optical absorption coefficient of from 0.05 to 10 cm â1 at 400 nm and from 0.05 to 10 cm â1 at 1100 nm,
an optical scattering coefficient of from 0.05 to 40 cm â1 at 400 nm and from 0.05 to 20 cm â1 at 1100 nm; and/or
wherein the speed of sound through the PVCP gel is from 1400 to 1520 m/s.
The phantom of claim 1 , wherein the phantom simulates the morphology, optical properties, and acoustic properties of a living organ or tissue, of body parts, or of whole animals.
The phantom of claim 18 , wherein the phantom comprises a shape simulating the morphology of a living organ or tissue, of body parts, or of whole animals.
The phantom of claim 19 , wherein the phantom comprises a shape of a small mammal, such as a mouse.
The phantom of claim 1 , further comprising a plurality of the PVCP gels, each PVCP gel simulating the optical and acoustic properties of a different living organ or tissue so as to simulate an organ and its environment.
The phantom of claim 21 , wherein the phantom simulates the morphology, optical properties, and acoustic properties of breast tissue.
The phantom of claim 22 , wherein the phantom comprises a first PVCP gel that simulates the morphology, optical properties, and acoustic properties of breast tissue with moderate relative fat/parenchyma content and a second PVCP gel that simulates the morphology, optical properties, and acoustic properties of parenchymal breast tissue.
The phantom of claim 1 , further comprising one or more filaments embedded in the PVCP gel to provide a series of targets for calibrating or testing the performance characteristics of a photoacoustic and/or ultrasound detection system.
The phantom of claim 1 , further comprising one or more solid inclusions embedded in the PVCP gel to provide a series of targets for calibrating or testing the performance characteristics of a photoacoustic and/or ultrasound detection system, wherein the solid inclusions have optical and/or acoustic properties that are detectably different from those of the PVCP gel.
The phantom of claim 1 , further comprising: one or more fluid channels in the PVCP gel; wherein the one or more fluid channels are filled with a liquid solution comprising one or more of an optical absorber, an optical scatterer, an acoustic absorber, and an acoustic scatterer, to provide a series of targets for calibrating or testing the performance characteristics of a photoacoustic and/or ultrasound detection system; and particularly wherein the one or more fluid channels are filled with a solution comprising natural or synthetic hemoglobin.
one or more fluid channels in the PVCP gel;
wherein the one or more fluid channels are filled with a liquid solution comprising one or more of an optical absorber, an optical scatterer, an acoustic absorber, and an acoustic scatterer, to provide a series of targets for calibrating or testing the performance characteristics of a photoacoustic and/or ultrasound detection system; and
particularly wherein the one or more fluid channels are filled with a solution comprising natural or synthetic hemoglobin.
A composition, comprising: poly(vinyl chloride) (PVC) and a binary plasticizer comprising or consisting of benzyl butyl phthalate (BBP) and di(2-ethylhexyl) adipate (DEHA), wherein said composition is configured to simulate both optical and acoustic properties of a living tissue.
A method of producing a phantom, comprising: providing a composition according to claim 24 ; and forming the composition into the shape of the phantom.
providing a composition according to claim 24 ; and
forming the composition into the shape of the phantom.
A method of using an optical and/or acoustic detection system, comprising: providing the phantom of claim 1 ; directing optical pulses of light at ultraviolet, visible, near-infrared and/or infrared wavelengths to the phantom; and/or directing acoustic waves at frequencies between 10 kHz and 20 GHz to the phantom; and detecting optical and/or acoustic signals produced at the phantom responsive to the optical pulses and/or acoustic waves.
providing the phantom of claim 1 ;
directing optical pulses of light at ultraviolet, visible, near-infrared and/or infrared wavelengths to the phantom; and/or
directing acoustic waves at frequencies between 10 kHz and 20 GHz to the phantom; and
detecting optical and/or acoustic signals produced at the phantom responsive to the optical pulses and/or acoustic waves.
The method of claim 29 , wherein the detection system is a photoacoustic detection system or an ultrasound detection system.
A detection system, comprising: a photoacoustic detection system, comprising: an optical pulse source configured to direct optical pulses at ultraviolet, visible, near-infrared and/or infrared wavelengths to a target; the target, wherein the target comprises the phantom of claim 1 ; one or more acoustic transducers configured to detect acoustic signals produced in response to the optical pulses directed to the target; and a signal processor configured to receive the detected acoustic signals and process the acoustic signals to generate spectroscopic data or imaging data and/or other diagnostic data.
A detection system comprising: an ultrasound detection system, comprising: an ultrasound source configured to direct ultrasound pulses of frequencies between 10 kHz and 20 GHz to the target; the target wherein the target comprises the phantom of claim 1 ; one or more acoustic transducers configured to detect acoustic signals produced in response to the ultrasound pulses directed to the target; and a signal processor configured to receive the detected acoustic signals and process the acoustic signals to generate spectroscopic data or imaging data and/or other diagnostic data.
an ultrasound detection system, comprising: an ultrasound source configured to direct ultrasound pulses of frequencies between 10 kHz and 20 GHz to the target;
the target wherein the target comprises the phantom of claim 1 ;
one or more acoustic transducers configured to detect acoustic signals produced in response to the ultrasound pulses directed to the target; and
a signal processor configured to receive the detected acoustic signals and process the acoustic signals to generate spectroscopic data or imaging data and/or other diagnostic data.
Ref US20150101411A1: Claims:
A medical imaging system, comprising: at least one light source for delivering light energy to a volume of tissue; a transducer array for receiving an acoustic signal in response to the delivery of light energy, the acoustic signal comprising at least a direct acoustic return component and a secondary acoustic return component, the secondary acoustic return component comprising an acoustic response that is substantially reflected or scattered before arriving at the transducer array; a processing subsystem for processing the acoustic signal to separate the direct acoustic return component from the secondary acoustic return component of thereof; and, an output device for presenting information about at least one of the direct acoustic return component and the secondary acoustic return component.
at least one light source for delivering light energy to a volume of tissue;
a transducer array for receiving an acoustic signal in response to the delivery of light energy, the acoustic signal comprising at least a direct acoustic return component and a secondary acoustic return component, the secondary acoustic return component comprising an acoustic response that is substantially reflected or scattered before arriving at the transducer array;
a processing subsystem for processing the acoustic signal to separate the direct acoustic return component from the secondary acoustic return component of thereof; and,
an output device for presenting information about at least one of the direct acoustic return component and the secondary acoustic return component.
The medical imaging system according to claim 1 , wherein the output device comprises a display for displaying an image that utilizes the information about the direct acoustic return component, the secondary acoustic return component, or both.
The medical imaging system according to claim 1 , wherein the output device comprises a storage device for storing the information about the direct acoustic return component, the secondary acoustic return component, or both.
The medical imaging system according to claim 1 , wherein the processing subsystem comprises: a sub-module for simulating secondary acoustic return signals from secondary acoustic return spatial representations; a sub-module for simulating direct acoustic return signals from direct acoustic return spatial representations; a sub-module for reconstructing secondary acoustic return spatial representations from secondary acoustic return signals; and, a sub-module for reconstructing direct acoustic return spatial representations from direct acoustic return signals.
a sub-module for simulating secondary acoustic return signals from secondary acoustic return spatial representations;
a sub-module for simulating direct acoustic return signals from direct acoustic return spatial representations;
a sub-module for reconstructing secondary acoustic return spatial representations from secondary acoustic return signals; and,
a sub-module for reconstructing direct acoustic return spatial representations from direct acoustic return signals.
The medical imaging 
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