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 .
In a RCE and amendments, dated 02/03/2026 and 01/20/2026, respectively, applicant(s) amended claims 1, 6, 12 and 13. Claims 1 – 8 and 10 - 13 are still pending in this application.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/03/2026 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/15/2025 and 02/13/2026 were filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Applicants have not provided an explanation of relevance of cited document(s) discussed below.
Asai (U.S PreGrant Publication No. 2014/0254765 A1) teaches a display control apparatus includes a display control unit configured to display first image data and second image data in different display modes on a display unit. The first image data is generated by detecting, with use of a radiation detection unit, radiation that has transmitted through a subject, and the second image data is generated by subjecting the first image data to predetermined image processing.
Foos et al. (U.S PreGrant Publication No. 2011/0110496 A1) provides a method for processing a radiographic image of a patient, executed at least in part on a host processor, initiates exposure in response to an instruction entered from an operator console and obtains radiographic image data from a digital detector that is subjected to the exposure. The obtained radiographic image data is analyzed according to a set of predefined criteria for diagnostic suitability of the image. One or more results of the diagnostic suitability analysis at the operator console is indicated and a listing of one or more corrective actions at the operator console according to the indicated results is provided.
Toshiba (H05101124 A) teaches a terminal device 10 which has the visual display device 12 for operation, visual image display device 13 (CRT1, CRT2... CRT8), and input means 14 and 15, display identification information of an image included in retrieved data on the visual display device 12 for operation and also displays the respective image on the visual image display device 13; and a necessary image is selected among them and stored, and the respective selected image is displayed again on the visual image display device as images to be read.
Toshiba (H07230365 A) teaches a picture processor which transfers the display picture displayed on a display part 2 to an-external printer from the display part 2 through the print data transfer part 7 for the purpose of printing this picture on a print medium by the external printer is provided with a picture storage part 1 in which plural pictures are stored and an indication input part 8 for input of the print indication which transfers the display picture to the external printer through the print data transfer part 7. A control part 4 is provided which reads out the next picture from the picture storage part 1222o display it on the display part 2 at the time of input of the print indication from the indication input part 8.
Takekoshi et al. (JP 2004275499 A) teaches a medical image displaying device, while at least one of image display areas within a monitor 109 is established by a segmentation display image format setting means 104, whether either of the photographing image 107 or the diagnosis assisting image (an excess image) 108 is displayed in the set image display areas is established by a display mode setting means 105, and the photographing image 107 or the excess image 108, which is used as a subject for display, is displayed in the optimum form by displaying the set image on the set image display areas, and thereby it is possible to refer the excess image 108 at the time of diagnostic reading.
Ueda (JP 2008289571 A) provides a radiation image processing apparatus is to display a first radiation moving image and a second radiation moving image of the subject having periodical variation. The radiation image processing apparatus comprises a radiation image storage part and a display control part. The radiation image storage part stores a plurality of first radiation images included in the first radiation moving image and a plurality of second radiation images included in the second radiation moving image as correlated to the phase information indicating the phase of movement of the subject when the first and second radiation moving images are captured. The display control part switches and displays the plurality of first radiation images and the plurality of second radiation images one after another in the order of phases of movement of the subject based on the phase information stored in the radiation image storage part.
Kano et al. (JP 2013103023 A) teaches an image diagnostic support device for supporting a diagnosis using a medical image acquired from a subject includes: a weighted image generation means S2 which generates a weighted image with an abnormal shadow candidate region being weighted by performing processing on an original image; a composite image forming means S3 which forms a composite image in which a tissue shadow of the original image and the abnormal shadow candidate region of the weighted image are displayed by superimposing the original image with the abnormal shadow candidate region of the weighted image; and an image display means S4 which displays the composite image. When a composition parameter change means S5 which changes a composition parameter of the composite image forming means S3 is further provided, reading operation can be further facilitated since a composition mode can be adjusted.
Asai (JP 2014171532 A) provides a display control unit 307 is configured to display first image data and second image data in different display modes, wherein the first image data is generated by detecting, with use of a radiation detection unit 11, radiation that has transmitted through a subject, and the second image data is generated by subjecting the first image data to predetermined image processing.
Yoshida et al. (JP 2015022440 A) teaches a medical information providing apparatus includes: a history information storage unit; and an evaluation information generation unit. The history information storage unit stores therein history information that includes inspection conditions, including a plurality of parameters for generating medical image data on an object under inspection, for inspections having been executed by an image diagnosis apparatus according to the inspection conditions and image processing conditions for image processing on the medical image data. The evaluation information generation unit acquires search conditions in a case in which the image diagnosis apparatus inspects the object under inspection, and generates evaluation information on the inspection conditions and the image processing conditions relating to the search conditions according to the history information.
Ishizaki (JP 2016126491 A) teaches an information processing apparatus that includes: attention section specifying means which specifies an attention section, on the basis of medical information on a medical image obtained by imaging a section of a patient; processing area specifying means which specifies a processing area from the medial image, on the basis of the attention section specified by the attention section specifying means; and order determination means which determines the order of processing the processing area, on the basis of the medical information.
Segawa et al. (JP 2017174143 A) teaches when a requester code representing interpretation results is specified by a requester, a medical image diagnosis support system performs control such that a code of a common code group corresponding to a code included in the requester code group in the common code group is displayed in a selection input screen. When no requester code is specified, the system performs control such that a code of a common code is displayed in the selection input screen to accept an input of interpretation results via the selection input screen.
Obara (JP 2020081326 A) teachers an image processing apparatus that comprises: a selection unit for selecting a mode of scattered ray reduction in a radiation moving image, from among plural modes; an acquisition unit for acquiring parameters used for the scattered light reduction, on the basis of a sequence set by the mode selected by the selection unit; and a processing unit for performing the scattered light reduction processing in the radiation moving image, by using the parameters acquired by the acquisition unit.
Nagatsuka et al. (JP 2020142018 A) teaches a dynamic image analysis system 100 comprises: image generation means for generating dynamic images consisting of a plurality of frame images showing the dynamics of a subject; first and second signal value detecting means for detecting a first signal value of a first predetermined region and a second signal value of a second predetermined region in the frame images of generated first and second dynamic images; image processing condition determination means for determining image processing conditions for bringing the signal value of the first predetermined region in the first dynamic image closer to the signal value of the second predetermined region in the second dynamic image, on the basis of the detected first and second signal values; and image processing means for performing image processing on the first dynamic image under the determined image processing conditions to generate a processed dynamic image.
Yoshiwaki et al. (JP 2021009638 A1) teaches a medical information processing system of an embodiment comprises: a medical information processing apparatus including a first display control unit, a processing unit, and a first transmission unit; and a terminal device including a second display control unit, a receiving unit, and a second transmission unit. The first display control unit causes a first display unit to display a medical image. The processing unit executes processing related to the medical image. The first transmission unit transmits information on the processing to the terminal device. The second display control unit causes a second display unit to display a plurality of icons corresponding to a part or all of the plurality of pieces of processing executable in the medical information processing apparatus according to the information transmitted from the first transmission unit. The receiving unit receives, from a user, operations for the plurality of icons displayed on the second display unit. The second transmission unit transmits the operations received by the receiving unit to the medical information processing apparatus. The processing unit executes the processing based on the operations transmitted from the second transmission unit.
Naguchi et al. (JP 2006027536 A) teaches a vessel 1 that is furnished with a generating unit to supply an electric power to use in itself and capable of receiving the supply of the electric power from the outside electric power source has a reel 23 capable of taking up or paying out a cable 21 to receive the supply of the electric power from the outside electric power source P by rotating and an electric power source change-over means 51 capable of changing with no interruption of the power supply in changing it over so as to receive the electric power having been received from the generating unit 3 to the outside electric power source through the cable 21.
Medic-Sight PLC (JP 2008512161 A) teaches an original scan image and an enhanced scan image derived from the original scan image are displayed side by side or alternately, to facilitate comparison between the original and enhanced image. The user is able to change enhancement parameters of the enhanced image while viewing the original and enhanced image, to obtain the most suitable settings for the image while observing the effect on the enhanced image and comparing this with his or her own analysis of the original image. The adjusted parameters may then be applied to other parts of the original image so as to provide a more accurate analysis of those parts.
Sumiya et al. (JP 2022068457 A) teaches a medical image processor according to the present invention includes: acquisition means that acquires information on a medical image and an image reading doctor; estimation means that estimates a degree of difficulty of diagnostic imaging for the medical image; and determination means that determines an image reading doctor in charge of image reading, on the basis of the estimated degree of difficulty of diagnostic imaging and the information on the image reading doctor.
Response to Arguments
Applicant’s arguments with respect to claims 1 – 8 and 10 - 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 – 6 and 11 - 13 are rejected under 35 U.S.C. 103 as being unpatentable over Takagi (U.S PreGrant Publication No. 2022/0207766 A1, hereinafter ‘Takagi’) in view of Bernard et al. (U.S Patent No. 10,140,421 B1, hereinafter ‘Bernard’).
With respect to claim 1, Takagi teaches a control device (e.g., a diagnostic console 3, Fig. 1), comprising: a hardware processor (e.g., a hardware processor, ¶0041) that: obtains a plurality of radiographs (e.g., obtain a plurality of images related to X-rays (radiography images), ¶0023, ¶0026), determines whether or not a predetermined process after display is required to be applied to the plurality of radiographs obtained (e.g., determine whether or not a re-imaging process after display is necessary to be apply to the plurality of images, ¶0056), identifies a radiograph to be subjected to the predetermined process, from among the plurality of radiographs obtained (e.g., identifies a failed image to be targeted to the re-imaging process, from the plurality of images, ¶0121 - ¶0122, Fig. 3), and executes the predetermined process on the identified radiograph (e.g., once the failed image is identified, a message (pop-up) is displayed in order to execute/launch re-imaging process, ¶0122 - ¶0123, ¶0136, Fig. 3 & Fig. 5); but fails to teach that after executing said predetermined process on said identified radiograph, displays said processed identified radiograph to which said predetermined process has been applied.
However, the mentioned claimed limitations are well known in the art as evidenced by Bernard. In particular, Bernard teaches that after executing a predetermined process on an identified radiograph (e.g., upon identifying an area of interest from images associated with X-Ray, Col 5 (lines 25 – 33), Col 6 (lines 49 – 67), Col 38 (lines 50 – 58), Col 39 (line 49) to Col 40 (line 8), Col 56 (lines 45 – 59); and after performing zooming, as predetermined process, on the identified area of interest, Col 24 (lines 1 – 21), Col 27 (line 48) to Col 28 (line 13)), displays an processed identified radiograph to which the predetermined process has been applied ( e.g., display a result of the zoomed-in or cropped image to which zooming process has been applied (performed), Col 24 (line 63) to Col 25 (line 18), Col 36 (lines 16 – 55)).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the diagnosis console of Takagi as taught by Bernard since Bernard suggested within Col 24 (line 63) to Col 25 (line 18), Col 36 (lines 16 – 55) that such modification would display the enhancement (correction or adjustment) in order to improve performance of medical scan assisted review system or other subsystems in subsequent uses.
With respect to claim 2, Takagi in view of Bernard Takagi teaches the control device according to The control device according to the plurality of radiographs obtained by the hardware processor satisfy a predetermined condition, and wherein the predetermined condition is any of a radiographic target being an identical test subject, an identical radiography date, an identical radiography site, and an identical user (e.g., where the plurality of images obtained meets a predetermined criteria, where the criteria can be any of: a radiographic target is associated with a test target site, ¶0036, ¶0044, ¶0057 - ¶0071).
With respect to claim 3, Takagi in view of Bernard teaches the control device according to claim 1, wherein the hardware processor determines whether or not the predetermined process is required to be applied to a radiograph among the plurality of radiographs, based on information about an image including a previously radiographed identical radiography site (e.g., these correspond to captured past images that are necessary to be compared with current images in order to find a difference between them, ¶0044, ¶0076; if criteria is not met, then re-imaging is necessary).
With respect to claim 4, Takagi in view of Bernard teaches the control device according to claim 1, wherein the hardware processor determines whether or not the predetermined process is required to be applied to a radiograph among the plurality of radiographs corresponding to at least any of a predetermined radiography site, predetermined usage, and a respiratory cycle, as the radiograph to be subjected to the predetermined process (e.g., images are associated with at least respiratory cycle, ¶0055, ¶0068, ¶0076).
With respect to claim 5, Takagi in view of Bernard teaches the control device according to claim 1, wherein the hardware processor determines whether or not the predetermined process is required to be applied to a radiograph among the plurality of radiographs radiograph, based on an instruction by a user (e.g., based on an instruction by an input, ¶0045 - ¶0046, Fig. 2).
With respect to claim 6, Takagi in view of Bernard teaches the control device according to claim 1, wherein Bernard teaches the hardware processor determines whether or not the predetermined process is required to be applied to a radiograph among the plurality of radiographs, based on external information that includes an optical image of the radiography site captured at a time of performing radiography to generate the radiograph (Under interpretation: wherein determine if annotations is needed; and if needed, then retrieve a medical scan image from a database or another source in order to generate, create or edit annotation(s) over time, Col 3 (lines 17 – 29), Col 4 (lines 46 – 67), Col 20 (lines 28 – 48), Col 23 (lines 20 – 41) with Col 29 (line 21) to Col 30 (line 17)).
With respect to claim 7, Takagi in view of Bernard teaches the control device according to claim 1, wherein the hardware processor presents a display for discriminating the identified radiograph to be subjected to the predetermined process from an unidentified radiograph (e.g. the failed image shown is going to be re-imaged upon pressing button 421, ¶0056, ¶0083 - ¶0087, ¶0108 - ¶0109, Fig. 5).
With respect to claim 8, Takagi in view of Bernard teaches the control device according to claim 7, wherein Aizawa teaches the hardware processor does not display the unidentified radiograph during execution of the predetermined process (e.g., the failed image or frame is not displayed until analysis is made, ¶0008, ¶0040, ¶0113).
With respect to claim 10, Takagi in view of Bernard teaches the control device according to claim 1, wherein the hardware processor accepts execution of the predetermined process, by a user, for the identified radiograph to be subjected to the predetermined process (e.g. this corresponds to a screen with a button to start/execute the re-imaging process, Fig. 5).
With respect to claim 11, Takagi in view of Bernard teaches the control device according to claim 1, wherein the plurality of radiographs include a plurality of frame images (e.g., each of the plurality of images constituting the dynamic image is referred to as a frame image, ¶0026, ¶0055 - ¶0056).
With respect to claim 12, this is a method claim corresponding to the apparatus claim 1. Therefore, this is rejected for the same reasons as the apparatus claim 1.
With respect to claim 13, arguments analogous to claim 1 are applicable. The use of a non-transitory computer readable recording medium executed by at least a computer (CPU) as described in claim 13 is explicitly taught by ¶0009 - ¶0010 and ¶0036 of Takagi.
Conclusion
The prior art made of record and not relied upon are considered pertinent to applicant's disclosure:
Boilevin et al. (U.S PG Publication No. 2023/0030175 A1)1
Gkanatsios (U.S PG Publication No. 2020/0012417 A1)2
1This reference teaches a device capable of obtaining several images related to X-ray; Identifies at least one region of interest (ROI); determine if correction is wanted; correcting the x-ray image according to a transformation to generate a corrected image, and outputting the corrected image.
2This reference teaches a system configured to acquire a plurality of tomosynthesis projection images at respective angles relative to a breast, upon selecting (identifying) a radiograph (x-ray) from several radiograph images, ¶0004, ¶0011, ¶0041; then perform zooming (re-imaging) on a selected radiograph, display a result of the selected (identified) radiograph to which zooming has been applied (adjusted).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN M GUILLERMETY whose telephone number is (571)270-3481. The examiner can normally be reached 9:00AM - 5:00PM.
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.
/JUAN M GUILLERMETY/ Primary Examiner, Art Unit 2682