DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
3. Claims 1-3, 5-6, 8, 10-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Clayton, US Pat No. 5,461,225 (hereinafter Clayton) in view of Xie et al., US-PGPUB 2014/0052414 (hereinafter Xie)
Regarding Claims 1, 6, 8 and 10. Clayton discloses signal sampling, wherein the signal sampling (Abstract), comprises:
(Claims 6, 10) conducting a reconstruction with the first sampling points and the second sampling point of the electrical signal which are sampled signal sampling method to obtain a reconstructed waveform of the electrical signal (Col. 1, lines 11-16, Fig. 2, reconstructed low frequency signal I), wherein the signal sampling method comprises
using a sampling circuit to sample electrical signal using a pre-determined sampling method to obtain a plurality of first sampling points of the electrical signal each of which is represented by a first amplitude and a corresponding first time (Fig. 2, high frequency signal A from Fig. 1, waveform generator 20; Col. 5, lines 11-16)
measuring using a retaining circuit to measure a second amplitude of the electrical signal, wherein the second amplitude is different from the plurality of the first amplitudes (Fig. 2, pulse signals B from the Trigger pulse generator shown in Fig. 1, 30),
using a delay circuit to delay the electrical pulse signal to obtain a delayed pulse signal (Col. 5, lines 16-26; Fig. 2, delayed pulse signals C via Delay Switch in 32 in Figure 1) and using a determining circuit to determine a second time when an amplitude of the electrical pulse signal reaches the second amplitude based on a time at which the delayed pulse signal reaches the second amplitude to obtain a second sampling point of the electrical pulse signal, which is represented by the second amplitude and the second time (Fig. 2, delayed pulse signals C by a delayed amount, resulting in second amplitude and second time), wherein the second sampling point together with the first sampling points define a reconstructed waveform of the electrical pulse signal (Fig. 2, reconstructed waveform, Fig. 2, reconstructed lower frequency waveform I; Col. 5, lines 11-37; background of the invention described in Col. 1, lines 11-67 to Col. 2, lines 1-16)
Bridges does not explicitly disclose scintillation pulse signal that is output by a photoelectric element in response to visible light produced in a scintillation crystal and sampling scintillation pulse signal and reconstruct scintillation pulse signal.
Xie discloses scintillation pulse signal that is output by a photoelectric element in response to visible light produced in a scintillation crystal and sampling scintillation pulse signal (Paragraphs [0002]-[0007]) and reconstructing the scintillation pulse signal (Abstract; Paragraph [0017])
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to combine the teachings of Xie in Clayton and sample the scintillation pulse signal that is output by a photoelectric element in response to visible light produced in a scintillation crystal and reconstruct scintillation pulse signal in PET with better signal to noise performance.
Regarding Claims 2 and 11. Clayton discloses the second time comprises:
measuring a first delay time and a second delay time when the amplitude of the delayed pulse signal reaches any of the first amplitudes and the second amplitude, respectively, calculating a difference between the first delay time and the second delay time, and calculating the second time corresponding to the second amplitude using the difference and the first time corresponding to the first amplitude (Fig. 2, time intervals between the pulse signals in C)
Regarding Claim 3, 12. Clayton discloses the pre- determined sampling method comprises a multi-amplitude threshold sampling method or a time interval sampling method (Fig. 2)
Regarding Claim 5, 14. Clayton discloses the second amplitude comprises a maximum or minimum amplitude of the pulse signal (Fig. 2).
Xie discloses scintillation pulse signal (Paragraphs [0002]-[0007]).
At the time of the invention filed, it would have been obvious to combine the teachings of Xie and Clayton and have the second amplitude comprises a maximum or minimum amplitude of the scintillation pulse signal, so as to reconstruct scintillation pulse signal in PET with better signal to noise performance.
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Clayton, US Pat No. 5,461,225 in view of Xie, 2014/0052414 as applied to Claims 1 and 6 and further in view of Bienfang et al., US-PGPUB 2015/0076361 (hereinafter Bienfang)
Regarding Claim 4 and 13. Clayton discloses a sine wave signal, a cosine wave signal, a triangle wave signal, a sawtooth wave signal, a step wave signal, or a square wave signal (Fig. 2.)
The modified Clayton does not disclose scintillation pulse signal comprises one of the following types of pulse signals generated by a PET detector
Bienfang discloses the scintillation pulse signal comprises one of the following types of pulse signals generated by a PET detector (Paragraph [0066]; Paragraphs [0064]-[0065])
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to combine the teaching of Bienfang in PET application with the modified Clayton, since a sine wave signal, a cosine wave signal, a triangle wave signal, a sawtooth wave signal, a step wave signal, or a square wave signal are typically measured in the PET detection.
5. Claims 7, 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Clayton, US Pat No. 5,461,225 in view of Xie, 2014/0052414 as applied to Claims 6 and 11 and further in view of Sackner et al., US-PGPUB 2008/0027341 (hereinafter Sackner)
Regarding Claim 7 and 15-18. Clayton discloses reconstruction with the first sampling points and the second sampling point (Fig. 2, I)
The modified Clayton does not disclose conducting a fitting to the first sampling points and the second sampling point, conducting an interpolation of the first sampling points and the second sampling point; or conducting an interpolation of the first sampling points and the second sampling point, and a fitting to all the sampling points after interpolation, wherein the interpolation comprises a linear interpolation and/or a spline interpolation.
Sackner discloses conducting a fitting to the first sampling points and the second sampling point, conducting an interpolation of the first sampling points and the second sampling point; or conducting an interpolation of the first sampling points and the second sampling point, and a fitting to all the sampling points after interpolation,
wherein the interpolation comprises a linear interpolation and/or a spline interpolation (Paragraph [0069])
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Sackner in the modified Clayton and conduct a fitting to the first sampling points and the second sampling point, conduct an interpolation of the first sampling points and the second sampling point, or conduct an interpolation of the first sampling points and the second sampling point, and a fitting to all the sampling points after interpolation, wherein the interpolation comprises a linear interpolation and/or a spline interpolation, so as to perform reconstruction with smoothing of any discontinuities in the data.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Clayton, US Pat No. 5,461,225 in view of Xie, 2014/0052414 as applied to Claim 8 and further in view of Wang, US-PGPUB 2014/0313626 (hereinafter Wang)
Regarding Claim 9. The modified Clayton does not disclose the measuring unit comprises a voltage retaining circuit consisting of a capacitor, a diode, and an inductor, wherein one end of the capacitor and one end of the inductor are connected in parallel and grounded, the other end of the capacitor and one end of the diode are connected in parallel, and the other end of the diode and the other end of the inductor are connected in series.
Wang discloses the measuring unit comprises a voltage retaining circuit consisting of a capacitor, a diode, and an inductor, wherein one end of the capacitor and one end of the inductor are connected in parallel and grounded, the other end of the capacitor and one end of the diode are connected in parallel, and the other end of the diode and the other end of the inductor are connected in series (Figs. 1, 2, with overprotection circuit 1 without being connected to power regulation circuit 7)
At the time of the invention filed, it would have been obvious to a person of ordinary skill in the art to use the teaching of Wang in the modified Clayton and have the measuring unit comprises a voltage retaining circuit consisting of a capacitor, a diode, and an inductor, wherein one end of the capacitor and one end of the inductor are connected in parallel and grounded, the other end of the capacitor and one end of the diode are connected in parallel, and the other end of the diode and the other end of the inductor are connected in series, so as to provide protection from any sudden surges in voltages.
Response to Arguments
Applicant's arguments filed 05/08/2026 have been fully considered but they are not persuasive.
8. Applicant agues Clayton does not disclose the claimed signal delay limitation, specifically delaying the scintillation pulse signal, does not disclose the retaining circuit and proposed combination of references would require abandoning Clayton’s principle of operation.
In Response, the Examiner respectfully disagrees. Foremost, with respect to the Clayton not teaching the scintillation signal, Applicant is advised that the rejection is based on multiple references, and one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references (see MPEP 2145, Section IV). Having said that, Clayton discloses the original signal is sampled and delayed via the combination of (Trigger Pulse Generator and Delay Switch), where the original (synchronization signal) [Wingdings font/0xE0] {triggered pulses [Wingdings font/0xE0] delaying triggered pulse signal} [Wingdings font/0xE0] delayed triggered pulse signal (Col. 4, lines 22-28). In other words, the original signal is transformed to the delayed pulse signal. Note that the claims do not restrict having intermediate steps in the production of delayed pulse signals. Furthermore, Clayton also discloses measuring the claimed second amplitude, as shown in Fig. 2, and is the evidence that there is inherently an associated measuring circuit or retaining circuit that measures the clamed amplitude as shown in Fig. 2. Finally, Clayton discloses sampling waveform using the waveform generator. Xie, meanwhile, discloses sampling a scintillation waveform (Paragraph [0002]). However, scintillation pulse generators are also well-known. In combination, it would have been obvious to sample a scintillation waveform, since it is merely one type of a common waveform that can be sampled. As such, the combination of Clayton and Xie reads on the claim.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HYUN D PARK whose telephone number is (571)270-7922. The examiner can normally be reached 11-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen Vazquez can be reached at 571-272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HYUN D PARK/Primary Examiner, Art Unit 2857
Prosecution Insights