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 § 102
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.
Claim(s) 1-12, 14-18, and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blau (2021/0295553).
Regarding claim 1, Blau discloses an X-ray imaging apparatus comprising: an X-ray irradiation unit configured to irradiate a subject with X-rays (Blau, [0068], X-ray source 240); an X-ray detection unit configured to detect the X-rays emitted from the X-ray irradiation unit and transmitted through the subject (Blau, [0068], X-ray detector 260);
an image processor configured to acquire one X-ray image captured based on a detection signal of the X-ray detection unit wherein the image processor includes a correction information acquisition unit configured to acquire position correction information for correcting a relative position of the X- ray irradiation unit with respect to one imaging target of the subject, wherein the image processor is configured to:
identify an outer edge of each of a plurality of predetermined portions of one imaging target of the subject in an X-ray image captured based on a direction signal of the X-ray detection unit (Blau, [0034], Fig. 3B), and acquire position correction information so that the outer edges of the plurality of the predetermined portions of the one imaging target in the one X-ray image are overlapped with one another at least partially, based on a positional relation between the identified outer edges of the plurality of the predetermined portions, and wherein the position correction information includes a relative moving direction and a movement amount for correcting the relative position of the X-ray irradiation unit with respect to the imaging target of the subject to a position where the X-ray image in which the positional relation between the outer edges of the plurality of predetermined portions is imaged with a predetermined positional relation can be captured. (Blau, [0066]; note that when the instructions are given to correct the actual positioning of the imager to the ideal position of the imager, the outline of the target will align between the actual and ideal images)
Regarding claim 2, Blau further discloses at least one of a notification of the position correction information acquired by the correction information acquisition unit and control to change the relative position of the X-ray irradiation unit with respect to the imaging target of the subject based on the position correction information is performed. (Blau, [0066])
Regarding claim 3, Blau further discloses a movement mechanism configured to change the relative position of the X-ray irradiation unit with respect to the subject; and a movement control unit configured to control to change the relative position of the X-ray irradiation unit with respect to the subject by the movement mechanism, wherein the movement control unit is configured to control to change the relative position of the X-ray irradiation unit with respect to the imaging target of the subject by the movement mechanism, based on the position correction information acquired by the correction information acquisition unit. (Blau, [0066])
Regarding claim 4, Blau further discloses a top board configured to place the subject thereon, wherein the movement control unit controls to automatically move a position of at least one of the X-ray irradiation unit and the top board based on the position correction information acquired by the correction information acquisition unit such that the relative position of the X-ray irradiation unit with respect to the imaging target of the subject becomes a position where the X-ray image in which the positional relation between the outer edges of the plurality of predetermined portions is image with the predetermined positional relation can be captured. (Blau, [0065], [0066])
Regarding claim 5, Blau further discloses a top board configured to place the subject thereon (Blau, [0065]), wherein the movement control unit controls to restrict a movement of one of the X- ray irradiation unit and the top board, based on the position correction information acquired by the correction information acquisition unit when moving one of the X-ray irradiation unit and the top board based on an operation of the user. (Blau, [0065], [0066])
Regarding claim 6, Blau further discloses a display unit, wherein the display unit displays, as a notification of the position correction information acquired by the correction information acquisition unit, at least a relative moving direction of the X-ray irradiation unit out of the relative moving direction and the movement amount of the X-ray irradiation unit with respect to the imaging target of the subject for correcting such that the X-ray image in which the positional relation between the outer edges of the plurality of predetermined portions is imaged with the predetermined positional relation can be captured. (Blau, [0066], [0067], monitor 400)
Regarding claim 7, Blau further discloses the correction information acquisition unit is configured to acquire a relative positional deviation between the outer edges of the plurality of predetermined portions in the X-ray image based on the positional relation between the outer edges of the plurality of predetermined portions in one imaging target of the subject in the X- ray image, and acquire the position correction information based on the acquired relative positional deviation between the outer edges of the plurality of predetermined portions. (Blau, [0066])
Regarding claim 8, Blau further discloses the correction information acquisition unit is configured to identify the outer edge of each of the plurality of predetermined portions of a bone or an artificial joint as one imaging target of the subject in the X-ray image, and acquire the position correction information for correcting the relative position of the X-ray irradiation unit with respect to the bone or the artificial joint of the subject, based on the positional relation between the identified outer edges of the plurality of predetermined portions of the bone or the artificial joint. (Blau, [0066], [0017], [0020])
Regarding claim 9, Blau further discloses the correction information acquisition unit is configured to acquire the relative positional deviation between the outer edges of the plurality of predetermined portions, based on a degree of overlap between the outer edges of the plurality of predetermined portions in each of the bone or the artificial joint of the subject in the X-ray image, and calculate the position correction information for correcting the relative position of the X-ray irradiation unit with respect to the bone or the artificial join of the subject to a position where the X-ray image in which the outer edges of the plurality of predetermined portions are imaged in an overlapped manner can be captured. (Blau, [0013], [0014], [0033])
Regarding claim 10, Blau further discloses the correction information acquisition unit is configured to calculate the position correction information for correcting the relative position of the X-ray irradiation with respect to the bone or the artificial joint of the subject to a position where the X-ray image in which the outer edges of the plurality of predetermined portions are imaged in an overlapped manner can be captured, when imaging at least one of a knee side of a femur and a scapula of the subject. (Blau, [0011])
Regarding claim 11, Blau further discloses the correction information acquisition unit is configured to acquire the relative positional deviation between the outer edges of the plurality of the predetermined portions, based on the positional relation between the outer edges of the plurality of predetermined portions in each of the bone or the artificial joint of the subject in the X-ray image, and calculate the position correction information for correcting the relative position of the X-ray irradiation with respect to the bone or the artificial joint of the subject to a position where the X-ray image in which the outer edges of the plurality of predetermined positions are imaged concentrically can be captured. (Blau, [0011], [0012], [0014])
Regarding claim 12, Blau further discloses the correction information acquisition unit is configured to calculate the position correction information for correcting the relative position of the X-ray irradiation unit with respect to the bone or the artificial joint of the subject to a position where an image in which the outer edges of the plurality of predetermined portions are imaged concentrically can be captured, when imaging an elbow side of a humerus of the subject. (Blau, [0013], [0021])
Regarding claim 14, Blau further discloses the correction information acquisition unit is configured to input the X-ray image to trained models in which the X-ray image capturing the imaging target is machine trained as input data to acquire the outer edges of the plurality of predetermined portions based on the input X-ray image, and calculate the position correction information based on the acquired outer edges of the plurality of predetermined portions. (Blau, [0012], [0013], [0022])
Regarding claim 15, Blau further discloses the correction information acquisition unit is configured to calculate the position correction information, based on parameter information corresponding to an actual distance between the plurality of predetermined portions in the imaging target of the subject. (Blau, [0014])
Regarding claim 16, Blau further discloses the correction information acquisition unit detects, as the parameter information, a size of the detection target portion of the subject in the X-ray image of the subject. (Blau, [0014])
Regarding claim 17, Blau further discloses the correction information acquisition unit detects, as the parameter information, the size of the detection target portion of the subject from the X-ray image captured to acquire the position correction information. (Blau, [0014])
Regarding claim 18, Blau further discloses the correction information acquisition unit detects, as the parameter information, the size of the detection target portion of the subject from the X-ray image captured in advance at an imaging angle different from the X-ray image for acquiring the position correction information. (Blau, [0016])
Regarding claim 20, claim 20 is rejected on the same grounds as claim 1 above. (See above with respect to claim 1)
Regarding claim 21, Blau further discloses a position correction step, wherein the position correction step performs at least one of a notification of the position correction information acquired in the correction information acquisition step and control to change the relative position of the X-ray irradiation unit with respect to the imaging target of subject, based on the position correction information. (Blau, [0066])
Regarding claim 22, Blau further discloses the correction information acquisition step includes the correction information acquisition step for calculating the position correction information, based on parameter information corresponding to an actual distance between the plurality of predetermined portions in the imaging target of the subject. (Blau, [0063], [0066])
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Blau in view of Smith et al. (2002/0080921)
Regarding claim 13, Blau lacks explicit teaching of the correction information acquisition unit is configured to acquire the position correction information, based on the positional relation between the outer edges of the plurality of predetermined portions in the imaging target of the subject in a pre-position- correction image which is the X-ray image generated based on X-ray irradiation with less radiation dose than that at the time of capturing a post-position-correction image which is the X-ray image captured after correcting the relative position of the X-ray irradiation unit with respect to the imaging target of the subject.
Smith teaches the correction information acquisition unit is configured to acquire the position correction information, based on the positional relation between the outer edges of the plurality of predetermined portions in the imaging target of the subject in a pre-position- correction image which is the X-ray image generated based on X-ray irradiation with less radiation dose than that at the time of capturing a post-position-correction image which is the X-ray image captured after correcting the relative position of the X-ray irradiation unit with respect to the imaging target of the subject. (Smith, [0100])
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to do the preview image at a lower dose than the diagnostic image as taught by Smith using the detector method of Blau in order to reduce the overall radiation dose experienced by the patient.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Blau in view of Matsuura et al. (2010/0008465)
Regarding claim 19, Blau lacks explicit teaching of an imaging unit configured to image an appearance of the subject, wherein the correction information acquisition unit is configured to calculate the position correction information, based on the parameter information which is physique information indicating a size of a physique of the subject calculated from an appearance image of the subject captured by the imaging unit.
Matsuura teaches an imaging unit configured to image an appearance of the subject, wherein the correction information acquisition unit is configured to calculate the position correction information, based on the parameter information which is physique information indicating a size of a physique of the subject calculated from an appearance image of the subject captured by the imaging unit. (Matsuura, [0046])
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use the physique imaging technique of Matsuura with the image positioning method of Blau in order to provide information to the machine learning algorithm regarding the patient’s size.
Response to Arguments
Applicant's arguments filed 12/26/2025 have been fully considered but they are not persuasive. Applicant argues that Blau does not teach “overlapping” between the reference and ideal images. In response it is noted that a comparison between a reference image and a taken image is the functional equivalent of “overlapping” since a computer does not physically manipulate photographs for comparison. The input (an x-ray image to which edge-extraction is applied to determine item of interest location), the process (a machine-learning model used to determine what vector to move the item of interest to lie in the optimal position), the output (motion of the item of interest along that vector to achieve the ideal position) are the same. The claimed “overlapping edges” are necessarily present in comparison between the ideal image and the as-adjusted image following motion along the correction vector. The rejection is therefore maintained.
Conclusion
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/EDWIN C GUNBERG/Primary Examiner, Art Unit 2884