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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 2, 2026 has been entered.
Response to Amendment
Claims 1 and 14-15 have been amended changing the scope and contents of the claim.
Claims 16-17 have been newly added.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and similarly claims 14-15 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.
Claim(s) 1-2, 4-6, 9-10 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 7,519,155 to Mollus et al. (hereinafter Mollus), and further in view of U.S. Publication No. 2014/0221832 to El-Zehiry (hereinafter El-Zehiry) and U.S. Patent No. 11,432,737 to Li et al. (hereinafter Li).
Regarding independent claim 1, Mollus discloses a method for executing an image-based task (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1),”… “By means of the method, the X-ray dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured.”), the image-based task being a therapeutic task (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1),”… “By means of the method, the X-ray dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured;” imaging of a patient is read as a therapeutic task; imaging is the first step in treatment/therapy in that the disease needs to be understood to be adequately treated), a data processing task including segmentation of image objects, movement prediction, or segmentation of image objects and movement prediction, or a robotic task, the method comprising:
automatically setting one or more acquisition parameters of an image acquisition apparatus as a function of the image-based task (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1), whereby a user pre-defines on a preliminary image an image region of interest (ROI) and a value of the contrast-to-noise ratio (CNRref) desired for this image region. Based on the current contrast-to-noise ratio (CNRm), new imaging parameters (I, V, L, f, Q0) are then calculated for a generator-control module (7) to control the X-ray apparatus (1) during an image;” column 4, line 59, “Furthermore, as previously mentioned, a desired reference value must be stipulated by the user for a visibility criterion of the object. A suitable visibility criterion in this context is the contrast-to-noise ratio CNR, since it places the image noise in relation to the contrast between the object and its background. In particular, the (mean) contrast of the object relative to a surrounding area around the object may be placed in relation to the mean noise in a surrounding area around the object. The user may either stipulate a particular minimum reference value CNRref for the contrast-to-noise ratio, or a standard value from the system may be used for this, predefined, for instance, in the APR settings.”);
acquiring, by the image acquisition apparatus with the automatically set one or more acquisition parameters, an image of a biological tissue (abstract, “ Based on the current contrast-to-noise ratio (CNRm), new imaging parameters (I, V, L, f, Q0) are then calculated for a generator-control module (7) to control the X-ray apparatus (1) during an image;” generating an x-ray image is read as an image of a biological tissue (i.e. patient)).
Mollus fails to explicitly disclose as further recited. However, El-Zehiry discloses A method (paragraph 0005, “By way of introduction, the preferred embodiments described below include methods, systems, instructions, and computer readable media for tuning acquisition parameters. ”) for executing an image-based task, the image-based task being a therapeutic task, a data processing task including segmentation of image objects, movement prediction, or segmentation of image objects and movement prediction, or a robotic task the method (paragraph 0006, “In a first aspect, a method is provided for tuning ultrasound acquisition parameters. First ultrasound data is acquired with first values of a respective plurality of acquisition parameters. A processor projects the first values to a second value of at least one virtual parameter with a manifold relationship. The plurality of acquisition parameters is greater than a number of virtual parameters. The processor calculates a first quality score for the first ultrasound data;” image processing is read as a therapeutic task in that the first step to diagnosis/treatment is understanding the disease presence itself) comprising:
executing the image-based task based on the acquired image of the biological tissue (paragraph 0006, “In a first aspect, a method is provided for tuning ultrasound acquisition parameters. First ultrasound data is acquired with first values of a respective plurality of acquisition parameters.”),
wherein the method is performed multiple times (Figure 2; is this the 1st acquisition” “no;” paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”),
wherein a first processing value relating to a quality or quantity of the image-based task or part of the image-based task is generated during a first performance of the method (Figure 2, element 34, 42, “quality assessment of the acquired image” based on the initial parameters used),
wherein the first processing value is used for a second performance of the method (paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”), and
wherein the one or more acquisition parameters are set, such that a respective processing value relating to the quality or quantity of the image-based task or the part of the image-based task lies above or below a predetermined threshold value (paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”).
Mollus is directed toward “The invention relates to a device for adjusting imaging parameters” and “dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured (abstract).” El-Zehiry is directed toward “optimum image settings may be obtained in an automated system by measuring image quality for feeding back to virtual parameter adjustment (abstract).” As can be easily seen by one of ordinary skill in the art at the time of filing the claimed invention, both Mollus and El-Zehiry are directed toward similar methods of endeavor of optimal image outputs. Further, El-Zehiry discloses there is a relationship between acquisition parameters and output image quality (paragraph 0003). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention that a user would like to obtain as ideal an image as possible for the most accurate diagnosis. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of El-Zehiry in order to ensure the most accurate and clear image is obtained for a user to review for diagnostic purposes.
Mollus and El-Zehiry in the combination as a whole fail to explicitly disclose as further recited. However, Li discloses the first processing value relating to the quality or quantity of the image-based task or part of the image-based task being an approval value, an uncertainty value, or a movement prediction (column 6, line 40, "As will be described, the motion prediction framework incorporates image-based motion tracking with an adaptive filtering technique and a multi-rate data fusion method that can be used to identify and predict motion. This approach overcomes latencies and allows for accurate and real-time feedback regarding motion of a target to be provided to clinicians, imaging systems, as well as automated or robotic interventional systems;" column 7, line 17, “Similarly, motion information may be analyzed by the imaging system to adapt image acquisition parameters (e.g. imaging planes, image acquisition timings, and so on)”).
As noted above, Mollus and El-Zehiry are directed toward similar methods of endeavor of generating optimal image outputs. Further, Li is directed toward estimating motion of a target in an image (abstract) and adjusting imaging settings based upon the motion information (column 7, line 17, “Similarly, motion information may be analyzed by the imaging system to adapt image acquisition parameters (e.g. imaging planes, image acquisition timings, and so on)”). As can be easily seen by one of ordinary skill in the art, Molly, El-Zehiry and Li are directed toward similar methods of endeavor of image analysis and generating optimal image outputs. Further, it is well known by one of ordinary skill in the art before the effective filing date of the claimed invention that motion can lead to less than ideal imaging outputs including artifacts. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Li to allow a system to correct for predicted motion in order to obtain an image output that is most accurate of the patients internal makeup. Having the best image, leads physicians to make the best diagnosis; said differently, inaccurate images can lead to inaccurate diagnosis determinations.
Regarding dependent claim 2, the rejection of claim 1 is incorporated herein. Additionally, Mollus in the combination further discloses wherein the image acquisition apparatus comprises an x-ray arrangement (column 5, line 31, “Furthermore, the module 8 may also give commands f to the collimator of the X-ray source 2 ”), wherein the one or more acquisition parameters include an x-ray dosage of the x-ray arrangement (column 5, line 62, “In order to improve the results obtained with the method, in the calculation of the new dose settings Q0, in module 8”), and wherein the automatic setting of the one or more acquisition parameters comprises setting the x-ray dosage (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1);” column 5, line 62, “In order to improve the results obtained with the method, in the calculation of the new dose settings Q0, in module 8”).
Regarding dependent claim 4, the rejection of claim 1 is incorporated herein. Additionally, El-ZEhiry in the combination further discloses wherein the image acquisition apparatus comprises a sonography arrangement (Figure 1, element 30, “acquire ultrasound data with acquisition values;” paragraph 0022, “In act 30, ultrasound data is acquired. The ultrasound data is acquired by scanning in two or three dimensions (e.g., planar or volume scanning). The scanning is along scan lines. The scan lines may be acquired in any format, such as linear, curved linear, sector, curved sector, Vector®, curved Vector® and combinations thereof. The ultrasound data represents a region of a patient. The region includes any organ, tissue, bone, structure, or implant. By scanning the region, ultrasound images may be generated.”), wherein the one or more acquisition parameters include an ultrasound parameter of the sonography arrangement (paragraph 0025, “Other acquisition parameters may include the aperture size, aperture synthesis, acoustic energy amplitude, acoustic energy phasing, flow sample count, pulse repetition interval or frequency, transmit waveform shape (e.g., square or sinusoid wave), number of cycles, beam synthesis, or other now known or later developed beamformer, front-end, or other acquisition parameter.”), and wherein the automatic setting of the one or more acquisition parameters comprises setting the ultrasound parameter (Figure 1, element 46, “use acquisition values with sufficient or best quality score”).
It is well known in the art there are many different types of imaging, all which can benefit from automated setting determination to increase efficiency and inter-user setting changes to generate higher quality images. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of El-Zehiry to allow for automated system setting in other modalities, such as ultrasound, to increase efficiency and inter-user setting changes and further improve image quality.
Regarding dependent claim 5, the rejection of claim 1 is incorporated herein. Additionally, Mollus in the combination further discloses wherein the image-based task comprises image processing (column 4, line 28, “On the monitor 6 a, an image generated with the X-ray apparatus 1 may be displayed.” displaying the image is read as image processing).
Regarding dependent claim 6, the rejection of claim 5 is incorporated herein. Additionally, Mollus and El-Zehiry in the combination as a whole fail to explicitly disclose wherein the image processing comprises a segmentation of image objects, a movement prediction, or the segmentation of the image objects and the movement prediction.
However, Mollus discloses in the abstract, “By means of the method, the X-ray dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured.” The examiner takes official notice that having clear images is well known to aid in image processing after acquisition. Said differently, image segmentation (or other processing) is less accurate in unclear images. Further, well known methods of processing images include segmentation and movement analysis. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Mollus and El-Zehiry in order to allow for post processing to include processing such as segmentation and movement prediction, by having a clear image to utilize.
Regarding dependent claim 9, the rejection of claim 1 is incorporated herein. Additionally, Mollus in the combination further discloses wherein the image acquisition apparatus comprises an x-ray arrangement (column 5, line 31, “Furthermore, the module 8 may also give commands f to the collimator of the X-ray source 2 ”), wherein the one or more acquisition parameters include an x-ray dosage of the x-ray arrangement (column 5, line 62, “In order to improve the results obtained with the method, in the calculation of the new dose settings Q0, in module 8”), wherein the automatic setting of the one or more acquisition parameters comprises setting the x-ray dosage (column 5, line 62, “In order to improve the results obtained with the method, in the calculation of the new dose settings Q0, in module 8”), and wherein the x-ray dosage as an acquisition parameter of the one or more acquisition parameters is minimized such that the respective processing value lies above or below the predetermined threshold value (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1);” column 5, line 62, “In order to improve the results obtained with the method, in the calculation of the new dose settings Q0, in module 8;” abstract, “By means of the method, the X-ray dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured.”).
Regarding dependent claim 10, the rejection of claim 1 is incorporated herein. Additionally, Mollus further discloses wherein the image acquisition apparatus comprises an x-ray arrangement (column 5, line 31, “Furthermore, the module 8 may also give commands f to the collimator of the X-ray source 2 ”), wherein the one or more acquisition parameters include an x-ray dosage of the x-ray arrangement (column 5, line 62, “In order to improve the results obtained with the method, in the calculation of the new dose settings Q0, in module 8”),
wherein the automatic setting of the one or more acquisition parameters comprises setting the x-ray dosage (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1);” column 5, line 62, “In order to improve the results obtained with the method, in the calculation of the new dose settings Q0, in module 8”), and
wherein the one or more acquisition parameters include acquisition time, the acquisition time being minimized to the extent that the respective processing value lies above or below the predetermined threshold value (column 1, line 5, “The invention relates to an adjusting device and method for adjusting imaging parameters, such as in particular the X-ray dose, the tube current, the tube voltage, the pulse length;” adjusting dose is read as including time; further dose is reduced to obtain a specific quality level).
Regarding dependent claim 12, the rejection of claim 1 is incorporated herein. Additionally, El-Zehiry in the combination further discloses wherein the image acquisition apparatus comprises a sonography arrangement (Figure 1, element 30, “acquire ultrasound data with acquisition values;” paragraph 0022, “In act 30, ultrasound data is acquired. The ultrasound data is acquired by scanning in two or three dimensions (e.g., planar or volume scanning). The scanning is along scan lines. The scan lines may be acquired in any format, such as linear, curved linear, sector, curved sector, Vector®, curved Vector® and combinations thereof. The ultrasound data represents a region of a patient. The region includes any organ, tissue, bone, structure, or implant. By scanning the region, ultrasound images may be generated.”), wherein the one or more acquisition parameters include an ultrasound parameter of the sonography arrangement (paragraph 0025, “Other acquisition parameters may include the aperture size, aperture synthesis, acoustic energy amplitude, acoustic energy phasing, flow sample count, pulse repetition interval or frequency, transmit waveform shape (e.g., square or sinusoid wave), number of cycles, beam synthesis, or other now known or later developed beamformer, front-end, or other acquisition parameter.”), wherein the automatic setting of the one or more acquisition parameters comprises setting the ultrasound parameter (Figure 1, element 46, “use acquisition values with sufficient or best quality score”).
It is well known in the art there are many different types of imaging, all which can benefit from automated setting determination to increase efficiency and inter-user setting changes to generate higher quality images. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of El-Zehiry to allow for automated system setting in other modalities, such as ultrasound, to increase efficiency and inter-user setting changes and further improve image quality.
Mollus and El-Zehiry in the combination as a whole fail to explicitly disclose the wherein the one or more acquisition parameters include acquisition time, acquisition time being minimized to the extent that the respective processing value lies above or below the predetermined threshold value. El-Zehiry does disclose at paragraph 0025, “Other acquisition parameters may include the aperture size, aperture synthesis, acoustic energy amplitude, acoustic energy phasing, flow sample count, pulse repetition interval or frequency, transmit waveform shape (e.g., square or sinusoid wave), number of cycles, beam synthesis, or other now known or later developed beamformer, front-end, or other acquisition parameter.” The examiner takes official notice, it is well known to one of ordinary skill before the effective filing date of the claimed invention that acquisition time is a parameter of ultrasound imaging. Additionally, one would want to minimize the time of imaging in order to be generally more efficient. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Mollus further in view of El-Zehiry to increase patient flow through an imaging process.
Regarding dependent claim 13, the rejection of claim 1 is incorporated herein. Additionally, Mollus in the combination further discloses wherein an image of the tissue is obtainable in each case at regular time intervals using a predetermined setting of the one or more acquisition parameters (column 4, line 16, “The data processing device 5 also contains a generator-control module 7, which is linked on its output side to the X-ray source 2 in order to control imaging parameters such as, in particular, the X-ray tube current I, the tube voltage V and the pulse length L of the X-ray pulses;” pulse is read as the regular time intervals), while for one or more images that are acquired between the intervals, the respective acquisition parameter is automatically set as a function of the respective task (abstract, “By means of the method, the X-ray dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured;” dose is read as including the pulse length).
Regarding independent claim 14, the rejection of claim 1 is applies directly. Additionally, Mollus discloses a system for executing an image-based task (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1),”… “By means of the method, the X-ray dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured;” Figure 1), the image-based task being a therapeutic task (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1),”… “By means of the method, the X-ray dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured;” imaging of a patient is read as a therapeutic task; imaging is the first step in treatment/therapy in that the disease needs to be understood to be adequately treated), a data processing task including segmentation of image objects, movement prediction, or segmentation of image objects and movement prediction, or a robotic task the system comprising:
an image acquisition apparatus (Figure 1) configured to:
automatically set one or more acquisition parameters as a function of the image-based task (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1), whereby a user pre-defines on a preliminary image an image region of interest (ROI) and a value of the contrast-to-noise ratio (CNRref) desired for this image region. Based on the current contrast-to-noise ratio (CNRm), new imaging parameters (I, V, L, f, Q0) are then calculated for a generator-control module (7) to control the X-ray apparatus (1) during an image;” column 4, line 59, “Furthermore, as previously mentioned, a desired reference value must be stipulated by the user for a visibility criterion of the object. A suitable visibility criterion in this context is the contrast-to-noise ratio CNR, since it places the image noise in relation to the contrast between the object and its background. In particular, the (mean) contrast of the object relative to a surrounding area around the object may be placed in relation to the mean noise in a surrounding area around the object. The user may either stipulate a particular minimum reference value CNRref for the contrast-to-noise ratio, or a standard value from the system may be used for this, predefined, for instance, in the APR settings.”), and
acquire an image of a biological tissue using the one or more automatically set acquisition parameters (abstract, “ Based on the current contrast-to-noise ratio (CNRm), new imaging parameters (I, V, L, f, Q0) are then calculated for a generator-control module (7) to control the X-ray apparatus (1) during an image;” generating an x-ray image is read as an image of a biological tissue (i.e. patient)).
a processing apparatus (column 2, line 61, “A data processing device linked to the user interface and the X-ray apparatus. The data processing device is arranged, for instance with suitable programs, to carry out the following steps:”) configured to.
Mollus fails to explicitly disclose as further recited. However, El-Zehiry discloses a processing apparatus (paragraph 0019, “A processor of the system, processor of an ultrasound imaging system, or other processor implements software to perform one or more of the acts of FIG. 1”) configured to:
execute the image-based task based on the image of the biological tissue (paragraph 0006, “In a first aspect, a method is provided for tuning ultrasound acquisition parameters. First ultrasound data is acquired with first values of a respective plurality of acquisition parameters;” the task is read as quality determination/enhancement based on the imaging task),
wherein the automatic setting, the acquisition of the image, and the execution of the image-based task are performed multiple times (Figure 2; is this the 1st acquisition” “no;” paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”)
wherein a first processing value relating to a quality or quantity of the image-based task or part of the image-based task is generated during a first performance of the automatic setting, the acquisition of the image, and the execution of the image-based task (Figure 2, element 34, 42, “quality assessment of the acquired image” based on the initial parameters used),
wherein the first processing value is used for a second performance of the automatic setting, the acquisition of the image, and the execution of the image-based task (paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”), and
wherein the one or more acquisition parameters are set, such that a respective processing value relating to the quality or quantity of the image-based task or the part of the image-based task lies above or below a predetermined threshold value (paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”).
Mollus is directed toward “The invention relates to a device for adjusting imaging parameters” and “dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured (abstract).” El-Zehiry is directed toward “optimum image settings may be obtained in an automated system by measuring image quality for feeding back to virtual parameter adjustment (abstract).” As can be easily seen by one of ordinary skill in the art at the time of filing the claimed invention, both Mollus and El-Zehiry are directed toward similar methods of endeavor of optimal image outputs. Further, El-Zehiry discloses there is a relationship between acquisition parameters and output image quality (paragraph 0003). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention that a user would like to obtain as ideal an image as possible for the most accurate diagnosis. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of El-Zehiry in order to ensure the most accurate and clear image is obtained for a user to review for diagnostic purposes.
Mollus and El-Zehiry in the combination as a whole fail to explicitly disclose as further recited. However, Li discloses the first processing value relating to the quality or quantity of the image-based task or part of the image-based task being an approval value, an uncertainty value, or a movement prediction (column 6, line 40, "As will be described, the motion prediction framework incorporates image-based motion tracking with an adaptive filtering technique and a multi-rate data fusion method that can be used to identify and predict motion. This approach overcomes latencies and allows for accurate and real-time feedback regarding motion of a target to be provided to clinicians, imaging systems, as well as automated or robotic interventional systems;" column 7, line 17, “Similarly, motion information may be analyzed by the imaging system to adapt image acquisition parameters (e.g. imaging planes, image acquisition timings, and so on)”).
As noted above, Mollus and El-Zehiry are directed toward similar methods of endeavor of generating optimal image outputs. Further, Li is directed toward estimating motion of a target in an image (abstract) and adjusting imaging settings based upon the motion information (column 7, line 17, “Similarly, motion information may be analyzed by the imaging system to adapt image acquisition parameters (e.g. imaging planes, image acquisition timings, and so on)”). As can be easily seen by one of ordinary skill in the art, Molly, El-Zehiry and Li are directed toward similar methods of endeavor of image analysis and generating optimal image outputs. Further, it is well known by one of ordinary skill in the art before the effective filing date of the claimed invention that motion can lead to less than ideal imaging outputs including artifacts. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Li to allow a system to correct for predicted motion in order to obtain an image output that is most accurate of the patients internal makeup. Having the best image, leads physicians to make the best diagnosis; said differently, inaccurate images can lead to inaccurate diagnosis determinations.
Regarding dependent claim 15, the rejection of claim 1 applies directly. Additionally, Mollus discloses a non-transitory computer-readable storage medium that stores instructions executable by a control arrangement of a system to execute an image-based task (column 1, line 61, “A data processing device linked to the user interface and the X-ray apparatus. The data processing device is arranged, for instance with suitable programs, to carry out the following steps:”), the image-based task being a therapeutic task (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1),”… “By means of the method, the X-ray dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured;” imaging of a patient is read as a therapeutic task; imaging is the first step in treatment/therapy in that the disease needs to be understood to be adequately treated), a data processing task including segmentation of image objects, movement prediction, or segmentation of image objects and movement prediction, or a robotic task, the instructions comprising:
automatically setting one or more acquisition parameters of an image acquisition apparatus, as a function of the image-based task (abstract, “The invention relates to a device for adjusting imaging parameters of an X-ray apparatus (1), whereby a user pre-defines on a preliminary image an image region of interest (ROI) and a value of the contrast-to-noise ratio (CNRref) desired for this image region. Based on the current contrast-to-noise ratio (CNRm), new imaging parameters (I, V, L, f, Q0) are then calculated for a generator-control module (7) to control the X-ray apparatus (1) during an image;” column 4, line 59, “Furthermore, as previously mentioned, a desired reference value must be stipulated by the user for a visibility criterion of the object. A suitable visibility criterion in this context is the contrast-to-noise ratio CNR, since it places the image noise in relation to the contrast between the object and its background. In particular, the (mean) contrast of the object relative to a surrounding area around the object may be placed in relation to the mean noise in a surrounding area around the object. The user may either stipulate a particular minimum reference value CNRref for the contrast-to-noise ratio, or a standard value from the system may be used for this, predefined, for instance, in the APR settings.”);
acquiring, by the image acquisition apparatus with the automatically set one or more acquisition parameters, an image of a biological tissue (abstract, “ Based on the current contrast-to-noise ratio (CNRm), new imaging parameters (I, V, L, f, Q0) are then calculated for a generator-control module (7) to control the X-ray apparatus (1) during an image;” generating an x-ray image is read as an image of a biological tissue (i.e. patient)).
Mollus fails to explicitly disclose as further recited. However, El-ZEhiry discloses
the image-based task being a therapeutic task (paragraph 0006, “In a first aspect, a method is provided for tuning ultrasound acquisition parameters. First ultrasound data is acquired with first values of a respective plurality of acquisition parameters. A processor projects the first values to a second value of at least one virtual parameter with a manifold relationship. The plurality of acquisition parameters is greater than a number of virtual parameters. The processor calculates a first quality score for the first ultrasound data;” image processing is read as a therapeutic task in that the first step to diagnosis/treatment is understanding the disease presence itself), a data processing task including segmentation of image objects, movement prediction, or segmentation of image objects and movement prediction, or a robotic task, the instructions comprising:
executing the image-based task based on the acquired image of the biological tissue (paragraph 0006, “In a first aspect, a method is provided for tuning ultrasound acquisition parameters. First ultrasound data is acquired with first values of a respective plurality of acquisition parameters.”),
wherein the automatically setting, the acquiring of the image, and the executing of the image-based task are performed multiple times (Figure 2; is this the 1st acquisition” “no;” paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”),
wherein a first processing value relating to a quality or quantity of the image-based task or part of the image-based task is generated during a first performance of the automatically setting, the acquiring of the image, and the executing of the image-based task (Figure 2, element 34, 42, “quality assessment of the acquired image” based on the initial parameters used),
wherein the first processing value is used for a second performance of the automatically setting, the acquiring of the image, and the executing of the image-based task (paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”), and
wherein the one or more acquisition parameters are set, such that a respective processing value relating to the quality or quantity of the image-based task or the part of the image-based task lies above or below a predetermined threshold value (paragraph 0073, “The settings associated with the higher quality are used for subsequent scanning. For example, a threshold quality level is used. If the score is above the threshold, the setting of the acquisition parameters is complete and on-going scanning is performed.”).
Mollus is directed toward “The invention relates to a device for adjusting imaging parameters” and “dose may be reduced to a minimum, while at the same time the desired visibility of a region of interest is ensured (abstract).” El-Zehiry is directed toward “optimum image settings may be obtained in an automated system by measuring image quality for feeding back to virtual parameter adjustment (abstract).” As can be easily seen by one of ordinary skill in the art at the time of filing the claimed invention, both Mollus and El-Zehiry are directed toward similar methods of endeavor of optimal image outputs. Further, El-Zehiry discloses there is a relationship between acquisition parameters and output image quality (paragraph 0003). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention that a user would like to obtain as ideal an image as possible for the most accurate diagnosis. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of El-Zehiry in order to ensure the most accurate and clear image is obtained for a user to review for diagnostic purposes.
Mollus and El-Zehiry in the combination as a whole fail to explicitly disclose as further recited. However, Li discloses the first processing value relating to the quality or quantity of the image-based task or part of the image-based task being an approval value, an uncertainty value, or a movement prediction (column 6, line 40, "As will be described, the motion prediction framework incorporates image-based motion tracking with an adaptive filtering technique and a multi-rate data fusion method that can be used to identify and predict motion. This approach overcomes latencies and allows for accurate and real-time feedback regarding motion of a target to be provided to clinicians, imaging systems, as well as automated or robotic interventional systems;" column 7, line 17, “Similarly, motion information may be analyzed by the imaging system to adapt image acquisition parameters (e.g. imaging planes, image acquisition timings, and so on)”).
As noted above, Mollus and El-Zehiry are directed toward similar methods of endeavor of generating optimal image outputs. Further, Li is directed toward estimating motion of a target in an image (abstract) and adjusting imaging settings based upon the motion information (column 7, line 17, “Similarly, motion information may be analyzed by the imaging system to adapt image acquisition parameters (e.g. imaging planes, image acquisition timings, and so on)”). As can be easily seen by one of ordinary skill in the art, Molly, El-Zehiry and Li are directed toward similar methods of endeavor of image analysis and generating optimal image outputs. Further, it is well known by one of ordinary skill in the art before the effective filing date of the claimed invention that motion can lead to less than ideal imaging outputs including artifacts. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Li to allow a system to correct for predicted motion in order to obtain an image output that is most accurate of the patients internal makeup. Having the best image, leads physicians to make the best diagnosis; said differently, inaccurate images can lead to inaccurate diagnosis determinations.
Regarding dependent claim 16, the rejection of claim 1 is incorporated herein. Additionally, Li in the combination further discloses wherein the first processing value is used in an optimization algorithm that acts on the second performance (column 8, line 33, “The predicted motion state can then be utilized to obtain an estimate of predicted motion, which can be provided as feedback either to the imaging system for adapting image data acquisition parameters, or to robotics or hardware controlling an interventional system, as shown in FIG. 2;” column 9, line 48, “As indicated in FIG. 5, feedback may be provided to an imaging system, to adapt or update imaging parameters or conditions. Feedback may also be provided to an automated or robotic system or hardware controlling interventional system, allowing adaptation or updating of control parameters;” the new parameters are used to obtain the more optimal image data for the second performance).
Li allows for optimizing the future parameters based on a prediction of future imaging conditions. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Li to automatically adjust the imaging settings prior to obtaining additional images in order to reduce the need for extra imaging. Said differently, there is no need to continuously obtain images of poor quality if it is known the imaging parameters should be changed to obtain images of higher quality.
Claim(s) 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Mollus further in view of El-Zehiry and Li as applied to claims 1 and 8 respectively above, and further in view of U.S. Publication No. 2018/0260971 to Traverso et al. (hereinafter Traverso).
Regarding dependent claim 3, the rejection of claim 1 is incorporated herein.
Additionally, Li discloses wherein the image acquisition apparatus comprises a magnetic resonance arrangement (column 9, line 21, “As shown , the process 500 may begin at step 502 with data acquisition carried out over a period of time . As examples, the data can include MR, X - ray, CT, PET, US optical and other image data”). However, Mollus, El-Zehiry and Li in the combination as a whole fail to explicitly disclose
wherein the one or more acquisition parameters include a magnetic field parameter of the magnetic resonance arrangement, and
wherein the automatic setting of the one or more acquisition parameters comprises setting the magnetic field parameter.
However, Traverso discloses wherein the image acquisition apparatus comprises a magnetic resonance arrangement (Figure 4, element 501, “MRI system control unit”),
wherein the one or more acquisition parameters include a magnetic field parameter of the magnetic resonance arrangement (paragraph 0124, “ processor 505 which executes an automatic scan planning control program stored in a memory 506, prints on a display 507 the selection list of possible imaging acquisition parameter settings ;” paragraph 0127, “Upon input of the selection of one of the possible settings and/or protocols, the automatic scan planning module 500 configures the MRI system automatically with the image acquisition settings corresponding to the selected specific kind of examination through the output interface 509 of setting control signals 510 transmitted to the MRI system control unit 501;” paragraph 0014, “In the present description and in the claims, if not further specified, the term “parameter” or the term “setting” or “settings” include both physical and geometrical parameters to be supplied to the MRI apparatus in order to carry out an imaging session.”), and
wherein the automatic setting of the one or more acquisition parameters comprises setting the magnetic field parameter (paragraph 0014, “In the present description and in the claims, if not further specified, the term “parameter” or the term “setting” or “settings” include both physical and geometrical parameters to be supplied to the MRI apparatus in order to carry out an imaging session;” the magnetic field parameter is red s one of the parameters supplied to the MRI to carry out the imaging session).
As seen above, Mollus, El-Zehiry and Li are directed toward similar methods of automatically setting image acquisition parameters. Further, Traverso is directed toward “Method for controlling image appearance features in MRI systems (abstract).” As can be seen by one of ordinary skill in the art at the time of filing the claimed invention, Mollus, El-Zehiry, Li and Traverso are all directed toward similar methods of endeavor of medical image processing. Further, Traverso allows for operating of the system in an MRI system, as opposed to x-ray or ultrasound. It is well known in the art there are many different types of imaging, all which can benefit from automated setting determination to increase efficiency and inter-user setting changes. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Traverso to allow for automated system setting in other modalities, such as MRI, to increase efficiency and inter-user setting changes.
Regarding dependent claim 11, the rejection of claim 1 is incorporated herein. Additionally, Li discloses wherein the one or more acquisition parameters include a magnetic field parameter of the magnetic resonance arrangement (column 9, line 21, “As shown , the process 500 may begin at step 502 with data acquisition carried out over a period of time . As examples, the data can include MR, X - ray, CT, PET, US optical and other image data”).
However, Mollus, El-Zehiry and Li in the combination as a whole fail to explicitly disclose wherein the image acquisition apparatus comprises a magnetic resonance arrangement,
wherein the automatic setting of the one or more acquisition parameters comprises setting the magnetic field parameter, and
wherein the one or more acquisition parameters include acquisition time, the acquisition time being minimized to the extent that the respective processing value lies above or below the predetermined threshold value.
However, Traverso discloses wherein the image acquisition apparatus comprises a magnetic resonance arrangement (Figure 4, element 501, “MRI system control unit”),
wherein the one or more acquisition parameters include a magnetic field parameter of the magnetic resonance arrangement (paragraph 0124, “ processor 505 which executes an automatic scan planning control program stored in a memory 506, prints on a display 507 the selection list of possible imaging acquisition parameter settings ;” paragraph 0127, “Upon input of the selection of one of the possible settings and/or protocols, the automatic scan planning module 500 configures the MRI system automatically with the image acquisition settings corresponding to the selected specific kind of examination through the output interface 509 of setting control signals 510 transmitted to the MRI system control unit 501;” paragraph 0014, “In the present description and in the claims, if not further specified, the term “parameter” or the term “setting” or “settings” include both physical and geometrical parameters to be supplied to the MRI apparatus in order to carry out an imaging session.”) ,
wherein the automatic setting of the one or more acquisition parameters comprises setting the magnetic field parameter (paragraph 0014, “In the present description and in the claims, if not further specified, the term “parameter” or the term “setting” or “settings” include both physical and geometrical parameters to be supplied to the MRI apparatus in order to carry out an imaging session;” the magnetic field parameter is red s one of the parameters supplied to the MRI to carry out the imaging session), and
wherein the one or more acquisition parameters include acquisition time, the acquisition time being minimized to the extent that the respective processing value lies above or below the predetermined threshold value (paragraph 0116, “In this case, the server computer may contain many different programs for controlling image acquisition and/or processing and reconstruction procedures, e.g. a database of Nuclear Magnetic Resonance imaging sequences, a database of signal filtering and/or processing procedures aimed at modulating the definition and/or the contrast and/or the signal-to-noise ratio and/or the imaging times;” in order to perform imaging the value must be above 0; paragraph 0003, “provide for a desired image appearance but which are non-optimal or detrimental for obtaining quality images”).
As seen above, Mollus, El-Zehiry and Li are directed toward similar methods of automatically setting image acquisition parameters. Further, Traverso is directed toward “Method for controlling image appearance features in MRI systems (abstract).” As can be seen by one of ordinary skill in the art at the time of filing the claimed invention, Mollus, El-Zehiry, Li and Traverso are all directed toward similar methods of endeavor of medical image processing. Further, Traverso allows for operating of the system in an MRI system, as opposed to x-ray or ultrasound. It is well known in the art there are many different types of imaging, all which can benefit from automated setting determination to increase efficiency and inter-user setting changes. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Traverso to allow for automated system setting in other modalities, such as MRI, to increase efficiency and inter-user setting changes.
Allowable Subject Matter
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior arts of record teach methods of automatically adjusting image acquisition parameters for optimal image outputs. However, none of them alone or in any combination teaches where the processing value is above or below a predetermined threshold value comprising the acquisition parameters that is optimized, and the processing value itself lies above or below the predetermined threshold.
The closest prior art being Li discloses at column 7, line 17, “Similarly, motion information may be analyzed by the imaging system to adapt image acquisition parameters (e.g. imaging planes, image acquisition timings, and so on), as well as image reconstruction and processing methods.” However, there is no comparison of the value to a predetermined threshold for the acquisition parameter and to a threshold for the value itself.
Thus, Li fails to disclose where the processing value is above or below a predetermined threshold value comprising the acquisition parameters that is optimized, and the processing value itself lies above or below the predetermined threshold.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
U.S. Publication No. 2016/0073962 to Yu et al. discloses, “A motion compensation system for tracking and compensating for patient motion during a medical imaging scan (Abstract).”
Conclusion
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/COURTNEY JOAN NELSON/Primary Examiner, Art Unit 2661