DETAILED ACTION
Claims 1, 14, 21 and 23 have been cancelled.
Claims 51-57 have been added.
Claims 8-13, 15-20, 22 and 51-57 are currently pending.
Response to Arguments
Applicant's arguments filed 1/27/26 have been fully considered but they are not persuasive.
The Applicant argues on pages 12 and 13 of the response in essence that: Critically, Chen fails to disclose or suggest that this positioning image corresponds to a user operation instruction.
The Applicant argues on page 14 of the response in essence that: The selection of the virtual region is therefore not responsive to or correlated with a user operation instruction providing specific location information. Instead, it is an automated, protocol-driven process. Therefore, Chen does not disclose "determining, based on the first position information, an internal human body image corresponding to the first position information in the virtual human body model, and displaying the internal human body image" recited in claim 8.
Chen discloses that a user (e.g., a doctor, a technician, or an operator) may interact with the medical system 100 through the terminal device(s) 140. For example, the user may move an identifier in a target image including a subject situated on a table through the terminal device(s) 140 on the basis of which the processing device 120 may determine a target table position of the table (paragraph 113). Chen further discloses that in 1240, the processing device 120B (e.g., the target area determination module 423) may determine, based on the virtual area and the positioning image, a target area relating to the subject in the positioning image (paragraph 219). An addition operation for causing the target area to be displayed to the user may be added after the operation 1240 (paragraph 225).
The Applicant argues on pages 14 and 15 of the response in essence that: In addition, Chen does not disclose "whether the internal human body image corresponding to the first position information corresponds to a target photography position".
Chen discloses that an addition operation may be added for causing the table to move to a target table position. The target table position may be determined based on the second target area (paragraph 190). Whether the internal human body image corresponding to the first position information is the same will be determined whenever the table position is moved and a new virtual area is generated.
The Applicant argues on pages 16 and 17 of the response in essence that: In claim 10, the position association relationship is used to characterize a relationship between position parameters of the first model information and the first device information. However, according to the disclosure of Chen set forth above, the focal position corresponds to the target image, not the model image. Therefore, the focal position cannot be interpreted as "first model information" corresponding to the virtual human body model, and the reference distance cannot be interpreted as the relationship between the first model information and the first device information.
Chen discloses that the isocenter of the medical device is used as a reference position (paragraph 154). When the table is at the target table position, the ROI of the subject may be located at or in the vicinity of an isocenter of the second device, i.e., the ROI of the subject may be within an imaging area or treatment area of the second device (paragraph 180).
The Applicant argues on pages 17 and 18 of the response in essence that: Even if the region of interest is regarded as the target table position, Chen needs to determine the region of interest of the subject based on the positioning image. However, neither claim 15 nor claim 16 involves determining the region of interest based on actual patient images. Chen does not disclose the use of the technical features in claim 15 or claim 16 to determine the target table position.
Chen discloses that as shown in 1102, according to the process 700, a first target area at a particular table position (e.g., a target area 1104 at the table No. 2) may be set based on the ROI of the subject to achieve a desirable result that the ROI is within the target area 1104 (paragraph 203).
The Applicant argues on page 18 and 19 of the response in essence that: Chen does not disclose "determining, when the first position information is the first device information, the first model information corresponding to the virtual human body model based on the first device information and the association relationship, and determining the internal human body image based on the first model information".
Chen discloses that in 1210, the processing device 120B (e.g., the acquisition module 421) may obtain a model image corresponding to the subject. As used herein, the model image corresponding to the subject may refer to an image including a plurality of virtual ROIs corresponding to a plurality of ROIs of the subject (paragraph 205). Chen further discloses that the protocol determination module 433 may determine a positioning protocol based on the virtual positioning area. The positioning protocol may include correspondence between positioning areas in the virtual subject and virtual positioning areas in the model image (paragraph 139).
The Applicant argues on page 19 and 20 of the response in essence that: As set forth above, the "first target area" refers to an area including an ROI of a subject and the "second target area" refers to a corresponding area in an image of the subject, rather than an imaging position. Therefore, Chen fails to disclose the features of claim 19.
Chen discloses that as shown in 1102, according to the process 700, a first target area at a particular table position (e.g., a target area 1104 at the table No. 2) may be set based on the ROI of the subject to achieve a desirable result that the ROI is within the target area 1104 (paragraph 203).
Claim Objections
Claim 57 is objected to because of the following informalities: In line 1, “wherein” should be inserted before “the first position information”. Appropriate correction is required.
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.
Claims 8-10, 12, 14-16, 18-20, 22, 51, 52, 54, 56 and 57 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. US Publication 2020/0218922 (hereafter “Chen”).
Referring to claim 8, Chen discloses a method for imaging and positioning of a medical imaging device, comprising:
obtaining a virtual human body model corresponding to an imaging object (paragraph 205, In 1210, the processing device 120B (e.g., the acquisition module 421) may obtain a model image corresponding to the subject) and first position information corresponding to a user operation instruction (paragraph 214, In 1230, the processing device 120B (e.g., the acquisition module 421) may obtain a positioning image of the subject);
determining, based on the first position information, an internal human body image corresponding to the first position information in the virtual human body model, and displaying the internal human body image (paragraph 225, As another example, an addition operation for causing the target area to be displayed to the user may be added after the operation 1240);
determining, based on the first position information, a target imaging position corresponding to the medical imaging device if the internal human body image corresponding to the first position information corresponds to a target photography position (paragraph 190, The processing device 120B may directly determine the first target area relating to the subject the same as or similar to the determination of the second target area, e.g., based on the positioning image and/or the model image);
if the internal human body image corresponding to the first position information does not correspond to the target photography position, proceeding to obtain second position information different from the first position information and determining the target imaging position corresponding to the medical imaging device based on an internal human body image corresponding to the second position information (paragraph 190, In some embodiments, an addition operation may be added for causing the table to move to a target table position. The target table position may be determined based on the second target area).
Referring to claim 9, Chen discloses wherein the first position information includes first model information corresponding to the virtual human body model or first device information corresponding to the medical imaging device, wherein there is an association relationship between the first model information and the first device information (paragraph 213, the processing device 120B may determine the virtual area based on a first relation between the virtual ROI and the protocol and a second relation between the virtual ROI and an automated positioning model).
Referring to claim 10, Chen discloses wherein the association relationship includes a position association relationship, and the method further includes:
converting a relative position relationship between the medical imaging device and the imaging object into a position association relationship of the medical imaging device and the virtual human body model;
wherein the position association relationship is used to characterize a relationship between position parameters of the first model information and the first device information (paragraph 154, the processing device 120A may determine an isocenter position (i.e., a position of the isocenter of the medical device) in the target image as the reference position, the processing device 120A may determine the reference distance based on the reference position and the focus position).
Referring to claim 12, Chen discloses wherein the obtaining the first position information corresponding to the user operation instruction includes:
when the first position information is the first model information, displaying the virtual human body model on an interactive interface, and displaying the first model information corresponding to the user operation instruction on the virtual human body model (paragraph 113, the user may move an identifier in a target image including a subject situated on a table through the terminal device(s) 140 on the basis of which the processing device 120 may determine a target table position of the table).
Referring to claim 13, Chen discloses wherein the first model information includes a graphical marker and the graphical marker performs at least one operation of selecting, moving, zooming in, and zooming out based on the user operation instruction (paragraph 113, the user may move an identifier in a target image including a subject situated on a table through the terminal device(s) 140 on the basis of which the processing device 120 may determine a target table position of the table).
Referring to claim 15, Chen discloses wherein before proceeding to obtain second position information different from the first position information, the method further includes:
when the first position information is the first model information, determining a first imaging position corresponding to the medical imaging device based on the first model information and the association relationship, and controlling the medical imaging device to move to the first imaging position (paragraph 180, The processing device 120B may identify the ROI of the subject in the positioning image. The processing device 120B may cause the table to move to a target table position).
Referring to claim 16, Chen discloses wherein the determining, based on the first position information, a target imaging position corresponding to the medical imaging device includes:
when the first position information is the first model information, determining a target imaging position corresponding to the medical imaging device based on the first model information and the association relationship, and controlling the medical imaging device to move to the target imaging position (paragraph 180, The processing device 120B may identify the ROI of the subject in the positioning image. The processing device 120B may cause the table to move to a target table position).
Referring to claim 18, Chen discloses wherein the determining, based on the first position information, an internal human body image corresponding to the first position information in the virtual human body model includes:
determining, when the first position information is the first device information, the first model information corresponding to the virtual human body model based on the first device information and the association relationship, and determining the internal human body image based on the first model information (paragraph 205, In 1210, the processing device 120B (e.g., the acquisition module 421) may obtain a model image corresponding to the subject. As used herein, the model image corresponding to the subject may refer to an image including a plurality of virtual ROIs corresponding to a plurality of ROIs of the subject).
Referring to claim 19, Chen discloses wherein the determining, based on the first position information, a target imaging position corresponding to the medical imaging device includes:
when the first position information is the first device information, taking an imaging position in the first device information as the target imaging position corresponding to the medical imaging device (paragraph 190, The processing device 120B may directly determine the first target area relating to the subject the same as or similar to the determination of the second target area, e.g., based on the positioning image and/or the model image).
Referring to claim 20, Chen discloses wherein the internal human body model includes at least one of a blood vessel model, an organ model, a skeletal model, and a muscle model (paragraph 99, a representation of an organ or tissue (e.g., the heart, the liver, a lung, etc., of a patient) in an image may be referred to as the organ or tissue for brevity) and the obtaining a virtual human body model corresponding to an imaging object includes:
according to obtained height data corresponding to the imaging object, selecting the virtual human body model corresponding to the height data;
wherein the virtual human body model includes a human body shape model and an internal human body model (paragraph 206, the standard female model may be adjusted based on information of the height, the weight, the body shape, a lesion of interest (e.g., to be imaged and/or treated), an age, a medical history, or the like, or any combination thereof, of the subject).
Referring to claim 22, Chen discloses wherein the medical imaging device includes a digital X-ray photography device, a C-shaped arm X-ray device, a mammography machine, a computed tomography radiography device, a magnetic resonance device, a positron emission tomography (PET) device, a positron emission tomography and a computed tomography (PET-CT) device, a positron emission tomography and a magnetic resonance (PET-MR) device, or a radiotherapy imaging device (paragraph 101, The single modality system may include, for example, may include, for example, an ultrasound imaging system, an X-ray imaging system, a computed tomography (CT) system, a magnetic resonance imaging (MRI) system, an ultrasonography system, a positron emission tomography (PET) system, an optical coherence tomography (OCT) imaging system, an ultrasound (US) imaging system, an intravascular ultrasound (IVUS) imaging system, a near-infrared spectroscopy (NIRS) imaging system, or the like, or any combination thereof. The multi-modality system may include, for example, an X-ray imaging-magnetic resonance imaging (X-ray-MRI) system, a positron emission tomography-X-ray imaging (PET-X-ray) system, a single photon emission computed tomography-magnetic resonance imaging (SPECT-MRI) system, a positron emission tomography-computed tomography (PET-CT) system, a C-arm system, a positron emission tomography-magnetic resonance imaging (PET-MR) system, a digital subtraction angiography-magnetic resonance imaging (DSA-MRI) system, etc).
Referring to claim 51, Chen discloses wherein the first model information includes a model position parameter or a model horizon-of-view parameter corresponding to the virtual human body model (paragraph 206, the standard female model may be adjusted based on information of the height, the weight, the body shape, a lesion of interest (e.g., to be imaged and/or treated), an age, a medical history, or the like), and the first device information includes a device position parameter or a device horizon-of-view parameter corresponding to the medical imaging device (paragraph 202, As shown in 1101, for each table position (e.g., each of table Nos. 1-6), a first target area corresponding to an FOV of the MR device may be set in concert with a second target area corresponding to an FOV of the PET device).
Referring to claim 52, Chen discloses wherein the model position parameter includes a center point position or a model angle corresponding to the internal human body image (paragraph 200, A second target area 1030 may include a center 1033 (i.e., a dot as shown in FIG. 10C) and an angle of the second target area 1030 may be 0), the device position parameter includes a center position of a radiation source or an angle of an axis between the radiation source and a detector with respect to a treatment bed (paragraph 260, the reference table position corresponding to the model image may refer to a table position when the head of the virtual subject is located at or in the vicinity of an isocenter of the medical system).
Referring to claim 54, Chen discloses wherein the converting a relative position relationship between the medical imaging device and the imaging object into a position association relationship of the medical imaging device and the virtual human body model includes:
establishing the relative position relationship between the medical imaging device and the imaging object by matching a preset datum point or a preset datum line to the imaging object, wherein the preset datum line is a datum line aligned with a head vertex of the imaging object on a treatment bed (paragraph 199, A corresponding first target area 1022 may be determined by adjusting the angle of the corresponding initial target area from 0 to +15° (i.e., rotating the corresponding initial target area 15° clockwise around the center 1023), adjusting the center of the corresponding initial target area from the center 1023 to a center 1024 (i.e., a point as shown in FIG. 10B) and increasing the corresponding initial target area such that the whole brain is within the first target area 1022).
Referring to claim 56, Chen discloses wherein the first position information includes the first model information corresponding to the virtual human body model and the method includes:
displaying the virtual human body model on an interactive interface; and
displaying the first model information on the displayed virtual human body model (paragraph 240, n 2020, the processing device 120C (e.g., the virtual area determination module 432) may determine, in the model image, a virtual positioning area and a virtual clinical area according to a user instruction relating to a virtual ROI in the model image).
Referring to claim 57, Chen discloses wherein the first position information includes the first device information corresponding to the medical imaging device (paragraph 180, The processing device 120B may identify the ROI of the subject in the positioning image. The processing device 120B may cause the table to move to a target table position).
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.
Claims 11, 17 and 53 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. US Publication 2020/0218922 as applied to claims 10, 17 and 52 above, and further in view of Boda et al. US Publication 2013/0156152 (hereafter “Boda”).
Referring to claim 11, Chen discloses wherein the association relationship includes a position association relationship, but does not disclose expressly wherein the association relationship further includes a horizon-of-field association relationship.
Boda discloses wherein the association relationship further includes a horizon-of-field association relationship, and the method further includes:
obtaining a horizon-of-view association relationship between the first model information and the first device information;
wherein the horizon-of-view association relationship is used to characterize a relationship between horizon-of-view parameters of the first model information and the first device information (paragraph 31, The iso-center point is calculated using the patient table axes parameters including current longitudinal (H) and lift (V) position of the patient table and the table tilt angle and gantry axes parameters, including gantry tilt angle, pivot and C-arc position of the gantry).
At the time of the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to use a horizon-of-field association relationship. The motivation for doing so would have been to accurately track the distance between a patient and an imager in order to reduce errors and increase efficiency. Therefore, it would have been obvious to combine Boda with Chen to obtain the invention as specified in claim 11.
Referring to claim 17, Chen discloses wherein after controlling the medical imaging device to move to the target imaging position controlling an imaging component in the medical imaging device to perform an imaging (paragraph 190, In some embodiments, an addition operation may be added for causing the table to move to a target table position. The target table position may be determined based on the second target area), but does not disclose expressly wherein the association relationship further includes a horizon-of-field association relationship.
Boda discloses wherein after controlling the medical imaging device to move to the target imaging position, the method further includes:
controlling an imaging component in the medical imaging device to perform an imaging operation based on a horizon-of-field parameter (paragraph 31, The iso-center point is calculated using the patient table axes parameters including current longitudinal (H) and lift (V) position of the patient table and the table tilt angle and gantry axes parameters, including gantry tilt angle, pivot and C-arc position of the gantry);
wherein the horizon-of-field parameter includes at least one of a source image distance, a source object distance, and a magnification (paragraph 37, At step 520, while moving the area of interest from the initial area of interest to the new area of interest, the system calculates the iso-center point dynamically. The iso-center point is calculated as a function of relative distance between the areas of interest and as a function of parameters indicating relative motion of permissible axes).
At the time of the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to use a horizon-of-field association relationship. The motivation for doing so would have been to accurately track the distance between a patient and an imager in order to reduce errors and increase efficiency. Therefore, it would have been obvious to combine Boda with Chen to obtain the invention as specified in claim 11.
Referring to claim 53, Chen discloses wherein the model horizon-of-view parameter includes an image dimension corresponding to the internal human body image (paragraph 199, A corresponding first target area 1022 may be determined by adjusting the angle of the corresponding initial target area from 0 to +15° (i.e., rotating the corresponding initial target area 15° clockwise around the center 1023), adjusting the center of the corresponding initial target area from the center 1023 to a center 1024 (i.e., a point as shown in FIG. 10B) and increasing the corresponding initial target area such that the whole brain is within the first target area 1022), but does not disclose expressly wherein the device horizon-of-view parameter includes at least one of a magnification, a source image distance, and a source object distance.
Boda discloses wherein the device horizon-of-view parameter includes at least one of a magnification, a source image distance, and a source object distance (paragraph 37, At step 520, while moving the area of interest from the initial area of interest to the new area of interest, the system calculates the iso-center point dynamically. The iso-center point is calculated as a function of relative distance between the areas of interest and as a function of parameters indicating relative motion of permissible axes).
At the time of the effective filing date of the claimed invention, it would have obvious to a person of ordinary skill in the art to use a device horizon-of-field association relationship. The motivation for doing so would have been to accurately track the distance between a patient and an imager in order to reduce errors and increase efficiency. Therefore, it would have been obvious to combine Boda with Chen to obtain the invention as specified in claim 53.
Claim 55 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. US Publication 2020/0218922 and Boda et al. US Publication 2013/0156152 as applied to claim 11 above, and further in view of well known prior art.
Referring to claim 55, Boda discloses wherein the obtaining a horizon-of-view association relationship between the first model information and the first device information includes:
a mapping to describe the horizon-of-view association relationship between the first model information and the first device information (paragraph 31, The iso-center point is calculated using the patient table axes parameters including current longitudinal (H) and lift (V) position of the patient table and the table tilt angle and gantry axes parameters, including gantry tilt angle, pivot and C-arc position of the gantry).
While Boda discloses a mapping to describe the horizon-of-view association relationship, Chen and Boda do not disclose expressly pre-establishing a mapping.
Official Notice is taken that it is well known and obvious in the art to pre-establishing a mapping list (See MPEP 2144.03). The motivation for doing so would have been to simplify the calculation required for determining the horizon-of-view association relationship by storing measurements for known device configurations. Therefore, it would have been obvious to combine well known prior art with Chen and Boda to obtain the invention as specified in claim 55.
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 PETER K HUNTSINGER whose telephone number is (571)272-7435. The examiner can normally be reached Monday - Friday 8:30 - 5:00.
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, Benny Q Tieu can be reached at 571-272-7490. 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.
/PETER K HUNTSINGER/Primary Examiner, Art Unit 2682