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 .
Response to Amendment
Examiner acknowledges the amendment filed 27 October 2025 wherein: claims 1, 12-13, and 23 are amended; claims 1-37 are pending, of which claims 24-37 are withdrawn.
Response to Arguments
Examiner acknowledges: 35 U.S.C. § 112(f) is no longer invoked due to amendment; the objection to claim 12 is overcome due to amendment.
The remainder of Applicant’s arguments, see Remarks (page 12, first line through page 18, last line), filed 27 October 2025, with respect to claims 1-23 have been fully considered, but are either moot or unpersuasive.
Regarding the 35 U.S.C. § 112(b) rejections, the claims were rejected due to the use of the relative term “near” and a lack of a standard in the specification for ascertaining the requisite degree. Applicant cites examples in the specification; however, examples are not a standard. Applicant’s specific example is “e.g., within 10 keV”. The presence of “e.g.” raises doubt as to whether “near” is necessarily limited to within 10 keV, or if other values could also be included in the scope of the term “near”. Because the specification does not provide a specific standard (e.g., “near (within 10 keV)”) but instead only provide one example, the scopes of the cited claims are unclear. Therefore, the 35 U.S.C. § 112(b) rejections are maintained.
Regarding the arguments under 35 U.S.C. § 103, Applicant’s arguments 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. The independent claims have been amended to more narrowly recite filter limitations. These new limitations are addressed using newly cited prior art below.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections — 35 U.S.C. § 112
The following is a quotation of 35 U.S.C. § 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 12 and 23
Claims 12 and 23 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 12 and 23, with reference to representative claim 12, the claim recites in one instance “the plurality of photosensitive storage elements” which lacks sufficient antecedent basis due to the most recent amendment. Examiner has considered --sensors-- in place of “storage elements” in view of the most recent amendment.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3 and 15
Claims 3 and 15 are rejected under 35 U.S.C. § 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 3
Regarding claim 3, the claim recites “radiation of the first energy level band is of a greater energy than radiation of the second energy level band”. However, claim 1, upon which claim 3 depends, recites the opposite relationship, “the first energy level band being of lower energy level than said energy level band”. Therefore, claim 3 fails to include all the limitations of a claim upon which it depends. For the purposes of examination, changing the labeling of what is called first or second makes no consequential difference; however, the labeling should be consistent throughout the claims.
Claim 15
Regarding claim 15, see the rejection of claim 3 above, with the same issue arising due to dependence on claim 13.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections — 35 U.S.C. § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. §§ 102–103 (or as subject to pre-AIA 35 U.S.C. § 102–103) is incorrect, any correction of the statutory basis 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention.
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 set forth in Graham v. John Deere Co., 383 U.S. 1 (1966), that are applied 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 1-4, 7-10, 13-16, and 19-22
Claims 1-4, 7-10, 13-16, and 19-22 are rejected under 35 U.S.C. § 103 as being unpatentable over Seppi (US 2010/0111388 A1) in view of Karellas (US 2003/0169847 A1) and Mazess (US 20020191738 A1).
Claim 1
Regarding claim 1, Seppi discloses an apparatus (abstract- An apparatus) comprising: a separation filter for spectrally separating radiation from an X-ray radiation source into a first energy level band and a separate second energy level band for incident radiation upon an imaging object, the first energy level band being of lower energy level than said second energy level band (¶ 50: the x-ray source assembly 20d can include only one filter ... radiation at one of the first and the second energy levels can be generated using the filter (i.e., applying a filter factor), and radiation at the other of the first and the second energy levels can be generated without using any filter (i.e., applying a null filter factor; ¶ 8: the first energy level is below … the second energy level, below and above, respectively, a k-edge of a contrast agent); ¶ 25: the breast 18 to be placed between the x-ray source assembly 20 and the detector assembly 24); a substrate (¶ 55: imager 500 can be made from amorphous silicon, crystal and silicon wafers, crystal and silicon substrate, or flexible substrate (e.g., plastic)); an x-ray photon counting detector comprising an array of detector pixels, each detector pixel comprising a sensor for detecting interactions of individual x-ray photons of the incident radiation transmitted through the imaging object during a fixed period of time (¶ 61: the detector assembly 24 can be configured to detect photon pulse amplitude and/or photon count … allows a pulse amplitude spectrum of one or more x-ray photon events to be measured on a pixel by pixel basis; ¶ 30: that the first and the second sets of image data can be generated within any time period as long as the
first and the second sets of image data are captured fast enough to render the object being imaged appear motionless); and each detector pixel of the array having an associated count circuit operable to generate a first electrical signal representing a respective count of the number of detected interactions of individual x-ray photons of the first energy level band and a second electrical signal representing a respective count of the number of detected interactions of individual x-ray photons of the second energy level band (¶ 60: Each of the detector elements 622 forms a pixel of the X-ray image generated using the detector array 620. The detector array 620 also includes a pixel access circuit (not shown) coupled to detector elements 622. The pixel access circuit accesses the detector elements 622 and reads the electric signals from the detector elements 622 ... either or both of the energy levels is directed to the detector assembly 24; ¶ 56: Electrical signals ... outputs image signals/data; ¶ 61: the detector assembly 24 can be configured to detect photon pulse amplitude and/or photon count; ¶ 58: radiation at a first energy level impinges on the detector assembly 24a, which then generates image signals/data in response to the radiation at the first energy level … assembly 24a then generates image signals/data in response to the radiation at the second energy level), wherein the first electrical signals and second electrical signals from the detector pixels of the array provide respective energy spectral images of the imaging object (¶ 32: image data generated using radiation at the first and second energy levels are used to construct a first volumetric image and a second volumetric image, respectively; ¶ 24: the x-ray source assembly 20 is configured to deliver radiation at a plurality of energy levels, and the detector assembly 24 is configured to generate image data in response to radiation at different energy levels ... sensor element generates an electrical signal representative of an intensity of the x-ray beam as it passes through the patient 16).
Seppi does not expressly disclose an x-ray photon counting detector formed on the substrate.
Karellas, also directed to x-ray imaging, discloses an apparatus (¶ 6: an x-ray fluoroscopic apparatus) comprising an x-ray photon counting detector (Fig. 26B; element 914) formed on the substrate (Fig. 26B; element 916) (¶ 190: stacked imaging detector configuration 911 includes two scintillators 912, and two image sensors having a thinned substrate 916, 920 and a pixellated structure 914, 918 ... image sensor 914; ¶ 121: sensors can be of the charge integrating type to provide exposure information, or, of the photon counting type to provide energy information).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to have provided an apparatus comprising an x-ray photon counting detector formed on the substrate of Karellas to the apparatus of
Seppi because of the disclosure of Karellas to improve image quality at a reduced radiation dose to prevent safety issues (see Karellas, ¶ 5:- The rapid proliferation of these procedures has resulted in a small but alarming number of non-stochastic radiation effects on patients ... AII these factors indicate not only the need for safe and good fluoroscopic habits but also the need for developing an alternate technology, which is capable of improving image quality at an even reduced radiation dose).
Seppi modified does not expressly disclose a single separation filter for simultaneously providing the spectral separation. However, simultaneously providing spectral separation from an X-ray source into distinct energy levels has long been known and practiced in the art. For example, Mazess discloses an apparatus comprising: a single separation filter (k-edge filter) for simultaneously spectrally separating radiation from an X-ray radiation source (10) into a first energy level band and a separate second energy level band (two energies) for incident radiation upon an imaging object (22), the first energy level band being of lower energy level than said second energy level band (one energy level band is necessarily lower than the other; the labeling of first or second is inconsequential); an x-ray detector (12, formed of stacked detector elements), the x-ray comprising an array of detector pixels, each detector pixel comprising a sensor for detecting interactions of x-ray photons of the incident radiation transmitted through the imaging object during a fixed period of time; and means configured to generate a first electrical signal representing detected interactions of x-ray photons of the first energy level band and a second electrical signal representing detected interactions of individual x-ray photons of the second energy level band, wherein the first electrical signals and second electrical signals from the detector pixels of the array provide respective energy spectral images of the imaging object (¶¶ 33-37, 45; Fig. 1; in particular, ¶ 35: “With stacked … detectors, the high and low energy signals are carried over separate lines.”; ¶ 45: “the x-ray source can produce a polychromatic beam, with … a k-edge filter to provide two energies simultaneously”).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to include a single separation filter for simultaneously providing the spectral separation as disclosed by Mazess in the invention of Seppi.
One would have been motivated to do so to avoid the use of multiple filters to reduce imaging time.
Claim 2
Regarding claim 2, Seppi modified teaches the apparatus of Claim 1, wherein each detector pixel sensor generates an electrical pulse having a height attribute commensurate with an energy level of the interacting x-ray photon, each associated count circuit of the array comprising a pulse height threshold discriminator circuit for incrementing a count of a detected interaction of an individual x-ray photon having a height attribute at or above certain threshold energy level used to discriminate between high and low energy levels (Seppi, ¶ 8: the first energy level is below a k-edge of the contrast agent, and the second energy level is above a k-edge of the contrast agent; ¶ 60: pixel access circuit accesses the detector elements 622 and reads the electric signals from the detectors elements 622; ¶ 61: the detector assembly 24 can be configured to detect photon pulse amplitude and/or photon count...image data can be created by considering pulse amplitudes that are above a prescribed threshold; ¶ 63: access circuit .. .configured to collect signals from one or more lines of the detector elements in the photo detector array ... the photo detector array can include a plurality of first detector elements configured to generate signals in response to photons having a first energy level, and a plurality of second detector elements configured to generate signals in response to photons having a second energy level).
Claim 3
Regarding claim 3, Seppi modified teaches the apparatus of Claim 2, wherein a certain threshold energy level corresponding to a pulse height attribute associated with a first energy level band (Seppi, ¶ 61: image data can be created by considering pulse amplitudes that are above a prescribed threshold; ¶ 44: the first generated radiation has an energy level that is below a k-edge of a contrast agent, and the second generated radiation has an energy level that is higher than a k-edge of the contrast agent).
In the embodiment described above, Seppi modified does not expressly disclose radiation of the first energy level band is of a greater energy than radiation of the second energy level band. However, in an alternative embodiment, Seppi discloses the x-ray source assembly can have other configurations to deliver radiation at a plurality of energy levels (see Seppi, ¶ 53: In alternative embodiments, the x-ray source assembly 20 can have other configurations as long as the x-ray source assembly 20 can deliver radiation at a plurality of energy levels ... Other x-ray source assembly capable of generating radiation at different energy level can also be used.)
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to have further modified the invention of Seppi in view of the alternative embodiment of Seppi so that the first energy level band is of a greater energy than radiation of the second energy level band as a matter of routine experimentation.
One would have been motivated to do so to obtain desired pulse processing characteristics.
Claim 4
Regarding claim 4, Seppi modified teaches the apparatus of Claim 1, wherein the imaging object includes a contrast agent material having a characteristic K-edge atomic energy band level, the separation filter absorbing the X-ray radiation near the K-edge atomic energy band level (Seppi, ¶ 8: the first energy level is below a k-edge of the contrast agent, and the second energy level is above a k-edge of the contrast agent; ¶ 48: x-ray source assembly 20 d includes a first filter 464 and a second filter 466 ... first filter 464 has a high x-ray transmission window in the range corresponding to a transmission window of the contrast material just below the contrast material k-edge, and the second filter 466 has a transmission window about the same width but above the contrast material k-edge).
Claim 7
Regarding claim 7, Seppi modified teaches the apparatus of Claim 6, wherein the x-ray photon counting detector is a front detector formed upon the substrate (Seppi, ¶ 24: a detector assembly 24 on an opposite side of the gantry 12; ¶ 55: imager 500 can be made from amorphous silicon, crystal and silicon wafers, crystal and silicon substrate, or flexible substrate (e.g., plastic)), the apparatus further comprising: a back detector (Seppi, ¶ 68: assembly 24 b includes a first detector 800, and a second detector 802 located behind the first detector 800), the back detector comprising: a scintillating screen for converting incident radiation containing x-ray photons of the first energy level band transmitted through the imaging object and through the front detector into light photons (Seppi, ¶ 69: Either or both of the detectors 800, 802 can include a layer of scintillating material or a photoconductor; ¶ 9: a scintillating material that converts x-ray into light); and a photosensor array disposed between the scintillating screen and the substrate, the photosensor array operable to capture the light photons from the scintillating screen and convert the captured light photons into further electrical signals, the further electrical signals operable for combination with the first electrical signals from the detector pixel array to obtain images of the imaging object (Seppi, ¶ 24: the detector assembly 24 is configured to generate image data in response to radiation at different energy levels ... Each sensor element generates an electrical signal representative of an intensity of the x-ray beam as it passes through the patient 16; ¶ 55: a scintillator element, such as Cesium Iodide (Csl), and a photo detector array 504 (e.g., a photodiode layer) coupled to the x-ray conversion layer 502; ¶ 56: Electrical signals ... outputs image signals/data; ¶ 58: radiation at a first energy level impinges on the detector assembly 24a, which then generates image signals/data in response to the radiation at the first energy level … assembly 24a then generates image signals/data in response to the radiation at the second energy level).
While Seppi alone does not expressly disclose the back detector is located below the substrate and a photosensor array disposed between the scintillating screen and the substrate, Karellas further discloses an apparatus comprising a back detector located below the substrate (Fig. 26B; element 916); and a photosensor array (Fig. 26B; element 918) disposed between the scintillating screen (Fig. 26B; element 912) and the substrate (Fig. 26B; element 920) (para [0190]- stacked imaging detector configuration 911 includes two scintillators 912, and two image sensors having a thinned substrate 916,920 and a pixellated structure 914, 918 … image sensor 914).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to have provided an apparatus comprising a back detector located below the substrate; and a photosensor array disposed between the scintillating screen and the substrate of Karellas to the apparatus of Seppi because of the disclosure of Karellas to improve image quality at a reduced radiation dose to prevent safety issues (see Karellas, ¶ 5: The rapid proliferation of these procedures has resulted in a small but alarming number of non-stochastic radiation effects on patients ... AII these factors indicate not only the need for safe and good fluoroscopic habits but also the need for developing an alternate technology, which is capable of improving image quality at an even reduced radiation dose).
Claim 8
Regarding claim 1, Seppi modified teaches the apparatus of Claim 7, wherein the back detector is an integrating detector, the scintillating screen of a material matching a characteristic K-edge atomic energy band level (Seppi, ¶ 39: image data using radiation at one or more energy levels can be used to form a first set and a second set of integrated image data; ¶ 63: a first conversion element (or a scintillating material) having a first radiation conversion characteristic ... materials has a different k-edge, and the screen thickness can be chosen to generate a detector with "holes" (low efficiency bands) and "sinks" (high efficiency bands) that are below and above the k-edge(s); ¶ 69: Either or both of the detectors 800, 802 can include a layer of scintillating material or a photoconductor). While Seppi does not expressly disclose the scintillating screen matches the characteristic K-edge atomic energy band level of the contrast agent material, it would have been obvious to a person of ordinary skill in the art at the time Applicant’s invention was filed to provide the scintillating screen matches the characteristic K-edge atomic energy band level of the contrast agent material since Seppi discloses the generated image data at different energy levels are processed to generate a composite image such that an appearance of a feature due to a contrast agent can be enhanced or maximized in the contrast image, based on routine experimentation (see Seppi, ¶ 39: the generated image data at different energy levels are processed to generate a composite
image such that an appearance of a feature due to a contrast agent can be enhanced or maximized in the contrast image).
Claim 9
Regarding claim 9, Seppi modified teaches the apparatus of Claim 7, wherein the scintillating screen is of a structured or columnar type or of an unstructured or granular type (Karellas, ¶ 175: columnar arrangement of Csl:Tl scintillators restrict spatial spreading and hence, improves spatial resolution characteristics).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to have provided an apparatus wherein the scintillating screen is of a structured or columnar type or of an unstructured or granular type of Karellas to the apparatus of Seppi because of the disclosure of Karellas to improve image quality at a reduced radiation dose to prevent safety issues (see Karellas, ¶ 5: The rapid proliferation of these procedures has resulted in a small but alarming number of non-stochastic radiation effects on patients ... AII these factors indicate not only the need for safe and good fluoroscopic habits but also the need for developing an alternate technology, which is capable of improving image quality at an even reduced radiation dose).
Claim 10
Regarding claim 10, Seppi modified teaches the apparatus of Claim 7, wherein the back detector is a columnar CsI energy integrating detector (Karellas, ¶ 121: Either one or both of these sensors can be of the charge integrating type to provide exposure information, or, of the photon counting type to provide energy information; ¶ 175: columnar arrangement of Csl:Tl scintillators restrict spatial spreading and hence, improves spatial resolution characteristics). It would have been obvious to one of
ordinary skill in the art at the time Applicant’s invention was filed to have provided an apparatus wherein the back detector is a columnar Csl energy integrating detector of Karellas to the apparatus of Seppi because of the disclosure of Karellas to improve image quality at a reduced radiation dose to prevent safety issues (see Karellas, ¶ 5: The rapid proliferation of these procedures has resulted in a small but alarming number of non-stochastic radiation effects on patients ... AII these factors indicate not only the need for safe and good fluoroscopic habits but also the need for developing an alternate technology, which is capable of improving image quality at an even reduced radiation dose).
Claim 13
Regarding claim 13, Seppi discloses an apparatus (abstract: An apparatus) comprising: a separation filter for spectrally separating radiation from an X-ray radiation source into first energy level band and second energy level band for incident radiation upon an imaging object (¶ 50: the x-ray source assembly 20 d can include only one filter ... radiation at one of the first and the second energy levels can be generated using the filter (i.e., applying a filter factor), and radiation at the other of the first and the second energy levels can be generated without using any filter (i.e., applying a null filter factor); ¶ 25: the breast 18 to be placed between the x-ray source assembly 20 and the detector assembly 24); a first substrate (¶ 55: imager 500 can be made from amorphous silicon, crystal and silicon wafers, crystal and silicon substrate, or flexible substrate (e.g., plastic)); an x-ray photon counting detector comprising an array of detector pixels, each detector pixel comprising a sensor for detecting interactions of individual x-ray photons of the incident radiation transmitted through the imaging object during a fixed period of time (¶ 61: the detector assembly 24 can be configured to detect photon pulse amplitude and/or photon count ... allows a pulse amplitude spectrum of one or more x-ray photon events to be measured on a pixel by pixel basis; ¶ 30: that the first and the second sets of image data can be generated within any time period as long as the
first and the second sets of image data are captured fast enough to render the object being imaged appear motionless); each detector pixel of the array having an associated count circuit operable to generate a first electrical signal representing a respective
count of the number of detected interactions of individual x-ray photons of the first energy level band and a second electrical signal representing a respective count of the number of detected interactions of individual x-ray photons of the second energy level band (¶ 61:the detector assembly 24 can be configured to detect photon pulse amplitude and/or photon count...allows a pulse amplitude spectrum of one or more x-ray photon events to be measured on a pixel by pixel basis; ¶ 56: Electrical signals ... outputs image signals/data; ¶ 58: radiation at a first energy level impinges on the detector assembly 24 a, which then generates image signals/data in response to the radiation at the first energy level ... assembly 24 a then generates image signals/data in response to the radiation at the second energy level), wherein the first electrical signals and second electrical signals from the detector pixels of the array provide respective low energy and high energy spectral images of the imaging object (¶ 32: para [0032]- image data generated using radiation at the first and second energy levels are used to construct a first volumetric image and a second volumetric image, respectively; ¶ 56: Electrical signals ... outputs image signals/data); and a back detector (¶ 68: assembly 24 b includes a first detector 800, and a second detector 802 located behind the first detector 800) comprising: a scintillating screen for converting incident radiation containing x-ray photons of said second energy level band transmitted through the imaging object and through said front detector into light photons (¶ 68: assembly 24 b includes a first detector 800, and a second detector 802 located behind the first detector 800; ¶ 8: a scintillating material that converts x-ray into light); and a photosensor array operable to capture the light photons from the scintillating screen and convert the captured light photons into further electrical signals, said further electrical signals operable for combination with said second electrical signals from said detector pixel array to obtain images of said imaging object (¶ 24: the detector assembly 24 is configured to generate image data in response to radiation at different energy levels ... Each sensor element generates an electrical signal representative of an intensity of the x-ray beam as it passes through the patient 16).
Seppi does not expressly disclose an x-ray photon counting front detector formed on the first substrate; the back detector formed on a second substrate and located below said first substrate; and the photosensor array disposed between said scintillating screen and the second substrate for said back detector.
However, Karellas discloses an apparatus (¶ 6: an x-ray fluoroscopic apparatus) comprising a back detector located formed on a second substrate (Fig. 26B; element 920) and located below said first substrate (Fig. 26B; element 916); and a photosensor array (Fig. 26B; element 918) disposed between a scintillating screen (Fig. 26B; element 912) and the second substrate (Fig. 26B; element 920) for said back detector (¶ 190: stacked imaging detector configuration 911 includes two scintillators 912, and two image sensors having a thinned substrate 916, 920 and a pixellated structure 914, 918).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to have provided an apparatus comprising a back detector formed on a second substrate and located below said first substrate; and the photosensor array disposed between said scintillating screen and the second substrate for said back detector of Karellas to the apparatus of Seppi because of the disclosure of Karellas to improve image quality at a reduced radiation dose to prevent safety issues (see Karellas, ¶ 5: The rapid proliferation of these procedures has resulted in a small but alarming number of non-stochastic radiation effects on patients ... AII these factors indicate not only the need for safe and good fluoroscopic habits but also the need for developing an alternate technology, which is capable of improving image quality at an even reduced radiation dose).
Seppi modified does not expressly disclose a single separation filter for simultaneously providing the spectral separation. However, simultaneously providing spectral separation from an X-ray source into distinct energy levels has long been known and practiced in the art. For example, Mazess discloses an apparatus comprising: a single separation filter (k-edge filter) for simultaneously spectrally separating radiation from an X-ray radiation source (10) into a first energy level band and a separate second energy level band (two energies) for incident radiation upon an imaging object (22), the first energy level band being of lower energy level than said second energy level band (one energy level band is necessarily lower than the other; the labeling of first or second is inconsequential); an x-ray detector (12, formed of stacked detector elements), the x-ray comprising an array of detector pixels, each detector pixel comprising a sensor for detecting interactions of x-ray photons of the incident radiation transmitted through the imaging object during a fixed period of time; and means configured to generate a first electrical signal representing detected interactions of x-ray photons of the first energy level band and a second electrical signal representing detected interactions of individual x-ray photons of the second energy level band, wherein the first electrical signals and second electrical signals from the detector pixels of the array provide respective energy spectral images of the imaging object (¶¶ 33-37, 45; Fig. 1; in particular, ¶ 35: “With stacked … detectors, the high and low energy signals are carried over separate lines.”; ¶ 45: “the x-ray source can produce a polychromatic beam, with … a k-edge filter to provide two energies simultaneously”).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to include a single separation filter for simultaneously providing the spectral separation as disclosed by Mazess in the invention of Seppi.
One would have been motivated to do so to avoid the use of multiple filters to reduce imaging time.
Claim 14
Regarding claim 14, Seppi modified teaches discloses the apparatus of Claim 13, wherein each the front detector pixel sensor generates an electrical pulse having a height attribute commensurate with an energy level of the interacting x-ray photon, each associated count circuit of the array comprising a pulse height threshold discriminator circuit for incrementing a count of a detected interaction of an individual x-ray photon having a height attribute at or above certain threshold energy level (Seppi, ¶ 8: the first
energy level is below a k-edge of the contrast agent, and the second energy level is above a k-edge of the contrast agent; ¶ 60: pixel access circuit accesses the detector elements 622 and reads the electric signals from the detector elements 622; ¶ 61: the
detector assembly 24 can be configured to detect photon pulse amplitude and/or photon count ... image data can be created by considering pulse amplitudes that are above a prescribed threshold; ¶ 63: access circuit ... configured to collect signals from one or more lines of the detector elements in the photo detector array ... the photo detector array can include a plurality of first detector elements configured to generate signals in response to photons having a first energy level, and a plurality of second detector elements configured to generate signals in response to photons having a second energy level).
Claim 15
Regarding claim 15, Seppi modified teaches the apparatus of Claim 14, wherein radiation of the second energy level band is of a greater energy than radiation of the first energy level band, the certain threshold energy level corresponding to a pulse height attribute associated with a first energy level band (Seppi, ¶ 61: image data can be created by considering pulse amplitudes that are above a prescribed threshold; ¶ 44: the first generated radiation has an energy level that is below a k-edge of a contrast agent, and the second generated radiation has an energy level that is higher than a k-edge of the contrast agent).
Claim 16
Regarding claim 16, Seppi modified teaches the apparatus of Claim 13, wherein the imaging object includes a contrast agent material having a characteristic K-edge atomic energy band level, the separation filter having an x-ray absorption edge for absorbing the X-ray radiation near the K-edge atomic energy band level (Seppi, ¶ 8: the first energy level is below a k-edge of the contrast agent, and the second energy level is above a k-edge of the contrast agent; ¶ 48: x-ray source assembly 20 d includes a first filter 464 and a second filter 466 ... first filter 464 has a high x-ray transmission window in the range corresponding to a transmission window of the contrast material just below the contrast material k-edge, and the second filter 466 has a transmission window
about the same width but above the contrast material k-edge).
Claims 19-22
Regarding claims 19-22, see the rejections of claims 8-11 above, respectively.
Claims 5 and 17
Claims 5 and 17 are rejected under 35 U.S.C. § 103 as being unpatentable over Seppi in view of Karellas as applied to claims 4 and 16 above, and further in view of Maidment (US 2016/0038111 A1).
Claim 5
Regarding claim 5, Seppi modified teaches the apparatus of Claim 4, wherein the contrast agent is Iodine (Seppi, ¶ 29: the contrast agent includes iodine).
Seppi modified does not expressly disclose the separation filter comprises a material selected from the group comprising Rh, Ag, Pd, In and Sn.
Maidment, also related to x-ray imaging, discloses a system (¶ 110: x-ray imaging system) wherein the separation filter comprises a material selected from the group comprising Rh, Ag, Pd, In and Sn (¶ 44: acquiring an image at a low energy spectrum comprises filtering with a filter selected from the group consisting of a molybdenum filter, a rhodium filter, a silver filter and combinations thereof ... acquiring an image at a high energy spectrum comprises filtering with a filter selected from the group consisting of a tin filter).
It would have been obvious to one of ordinary skill in the art at the
time Applicant’s invention was filed to have provided a system wherein the separation filter comprises a material selected from the group comprising Rh, Ag, Pd, In and Sn of Maidment to the apparatus of Seppi because of the disclosure of Maidment to improve the contrast of
dual-energy x-ray images compared to single energy images (see Maidment, ¶ 122: The SDNR was calculated as 11.6, 17.1, and 26.2 in the LE, HE, and DE images respectively, indicating a 53 to 126% improvement in the contrast of the silver in the DE image compared to the single-energy images).
Claim 17
Regarding claim 17, see the rejection of claim 5 above.
Claims 6 and 18
Claims 6 and 18 are rejected under 35 U.S.C. § 103 as being unpatentable over Seppi in view of Karellas as applied to claims 4 and 13 above, and further in view of Goldan (US 2020/0243696 A1).
Claim 6
Regarding claim 6, Seppi modified teaches the apparatus of Claim 4, but does not expressly disclose wherein each detector pixel sensor comprises an amorphous Selenium (a-Se) based field shaping multi-well avalanche detector (SWAD).
Goldan, also related to radiation imaging detectors, discloses an apparatus (¶ 77: apparatus provided by the present disclosure) wherein each detector pixel sensor comprises an amorphous Selenium (a-Se) based field shaping multi-well avalanche detector (SWAD) (¶ 33: avalanche multiplication gain in direct conversion amorphous selenium radiation detectors ... detector structure is referred to as a field-shaping multi-well avalanche detector (SWAD)).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to have provided an apparatus wherein each detector pixel sensor comprises an amorphous Selenium (a-Se) based field shaping multi-well avalanche detector (SWAD) of Goldan to the apparatus of Seppi because of the disclosure of Goldan to improve detector avalanche mode by three orders of magnitude (see Goldan, ¶ 77: The apparatus provided by the present disclosure provides a UTD charge sensing, which enables operating the detector at its theoretical limit of charge diffusion, improves in an avalanche-mode by more than three orders-of-magnitude).
Claim 18
Regarding claim 18 Seppi modified teaches the apparatus of Claim 13, but does not expressly disclose wherein each front detector pixel sensor comprises an amorphous Selenium (a-Se) based field shaping multi-well avalanche detector (SWAD).
Goldan, also related to radiation imaging detectors, discloses an apparatus (¶ 77: apparatus provided by the present disclosure) wherein each detector pixel sensor comprises an amorphous Selenium (a-Se) based field shaping multi-well avalanche detector (SWAD) (¶ 33: avalanche multiplication gain in direct conversion amorphous selenium radiation detectors ... detector structure is referred to as a field-shaping multi-well avalanche detector (SWAD)).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to have provided an apparatus wherein each detector pixel sensor comprises an amorphous Selenium (a-Se) based field shaping multi-well avalanche detector (SWAD) of Goldan to the apparatus of Seppi because of the disclosure of Goldan to improve detector avalanche mode by three orders of magnitude (see Goldan, ¶ 77: The apparatus provided by the present disclosure provides a UTD charge sensing, which enables operating the detector at its theoretical limit of charge diffusion, improves in an avalanche-mode by more than three orders-of-magnitude).
Claims 11 and 22
Claims 11 and 22 are rejected under 35 U.S.C. § 103 as being unpatentable over Seppi in view of Karellas as applied to claims 7 and 13 above, and further in view of Ghelmansarai (US 2007/0025513 A1).
Claim 11
Regarding claim 11, Seppi modified teaches the apparatus of Claim 7, but does not expressly disclose the scintillating screen further comprises a backing, the backing comprising one of: a reflective surface or an absorptive surface.
Ghelmansarai, also related to radiation imaging, discloses a device (abstract: radiation imaging device) wherein the scintillating screen further comprises a backing, the backing comprising one of: a reflective surface or an absorptive surface (¶ 19: the outer surface 118 of the first scintillator 114 includes a reflective backing for reflecting light toward the photodetector assembly 108. Alternatively, the outer surface 118 of the first scintillator 114 includes an absorptive backing for absorbing light from the first scintillator 114).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to have provided a device wherein the scintillating screen further comprises a backing, the backing comprising one of: a reflective surface or an absorptive surface of Ghelmansarai to the apparatus of Seppi because of the disclosure of Ghelmansarai to improve user convenience and image quality with different radiation sources (see Ghelmansarai, ¶ 4: to provide a single detector that can be used for KV imaging as well as MV imaging without compromising image quality).
Claim 22
Regarding claim 22, see the rejection of claim 11 above.
Claim 12
Claim 12 is rejected under 35 U.S.C. § 103 as being unpatentable over Seppi in view of Karellas as applied to claim 7 above, and further in view of Lubinsky (US 2020/0174141 A1).
Regarding claim 12, Seppi modified teaches the apparatus of claim 7, wherein the photosensor array comprises: a plurality of sensors adapted to capture the at least a portion of the light photons from the scintillating screen (Seppi, ¶ 60: Each detector element 622 may have a storage capacitor to store the charge generated by the X-rays and collected by the first electrode 602; ¶ 55: a scintillator element, such as Cesium Iodide (Csl), and a photodetector array 504 (e.g., a photodiode layer) coupled to the x-ray conversion layer 502); and a plurality of switching transistors where one switching transistor of the plurality of switching transistors corresponds to one of the plurality of photosensitive sensors, respectively (Seppi, ¶ 60: Each detector element 622 may also include a switching element, such as a thin film transistor (TFT) … to access the collected charge; ¶ 58: each of the image elements comprises a photodiode (forming part of the detector element 506) that generates an electrical signal in response to a light input. The photodiode receives light input from the x-ray conversion layer 502 that generates light in response to x-rays. The photodiodes are connected to an array bias voltage to supply a reverse bias voltage for the image elements. … A transistor … functions as a switching element for the image element).
Seppi modified teaches applying biases as described above, does not expressly disclose a transparent metal bias layer and a transparent 2D patterned metal layer, where the transparent 2D patterned metal layer faces the scintillating screen.
Lubinsky, also related to radiation imaging, discloses an apparatus (¶ 50: an apparatus) wherein the photosensor array comprises: a plurality of switching elements
where one switching element of the plurality of switching elements corresponds to one of the plurality of photosensitive storage elements, respectively, a transparent metal bias layer and a transparent 2D patterned metal layer, where the transparent 2D patterned metal layer faces the scintillating screen (¶ 8: the photosensor array may comprise ... switching elements where one switching element of the plurality of switching elements corresponds to one of the plurality of photosensitive storage elements, respectively, a transparent metal bias layer and a transparent 2D patterned metal layer ... transparent 2D patterned metal layer may face the second scintillating screen).
It would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to apply the transparent metal bias layer and transparent 2D patterned metal layer of Lubinsky to the invention of Seppi because of the disclosure of Lubinsky to improve image quality and dose performance (see Lubinsky, ¶ 7: Accordingly, disclosed are structures, imaging systems and detectors that provide improved image quality and dose performance).
Claim 23
Claim 23 is rejected under 35 U.S.C. § 103 as being unpatentable over Seppi in view of Karellas and Ghelmansarai as applied to claim 22 above, and further in view of Lubinsky.
Regarding claim 23, see the rejection of claim 12 above. Unlike claim 12, claim 23 does not require the metal bias layer and the 2D patterned metal layer to be transparent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maidment (US 2016/0038111 A1), also related to x-ray imaging, discloses a system (¶ 110: x-ray imaging system) wherein the separation filter comprises a material selected from the group comprising Rh, Ag, Pd, In and Sn (¶ 44: acquiring an image at a low energy spectrum comprises filtering with a filter selected from the group consisting of a molybdenum filter, a rhodium filter, a silver filter and combinations thereof ... acquiring an image at a high energy spectrum comprises filtering with a filter selected from the group consisting of a tin filter).
Goldan (US 2020/0243696 A1), also related to radiation imaging detectors, discloses an apparatus (¶ 77: apparatus provided by the present disclosure) wherein each detector pixel sensor comprises an amorphous Selenium (a-Se) based field shaping multi-well avalanche detector (SWAD) (¶ 33: avalanche multiplication gain in direct conversion amorphous selenium radiation detectors ... detector structure is referred to as a field-shaping multi-well avalanche detector (SWAD)).
Ghelmansarai (US 2007/0025513 A1), also related to radiation imaging, discloses a device (abstract: radiation imaging device) wherein the scintillating screen further comprises a backing, the backing comprising one of: a reflective surface or an absorptive surface (¶ 19: the outer surface 118 of the first scintillator 114 includes a reflective backing for reflecting light toward the photodetector assembly 108. Alternatively, the outer surface 118 of the first scintillator 114 includes an absorptive backing for absorbing light from the first scintillator 114).
Lubinsky (US 2020/0174141 A1), also related to radiation imaging, discloses an apparatus (¶ 50: an apparatus) wherein the photosensor array comprises: a plurality of switching elements where one switching element of the plurality of switching elements corresponds to one of the plurality of photosensitive storage elements, respectively, a transparent metal bias layer and a transparent 2D patterned metal layer, where the transparent 2D patterned metal layer faces the scintillating screen (¶ 8: the photosensor array may comprise ... switching elements where one switching element of the plurality of switching elements corresponds to one of the plurality of photosensitive storage elements, respectively, a transparent metal bias layer and a transparent 2D patterned metal layer ... transparent 2D patterned metal layer may face the second scintillating screen).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BLAKE RIDDICK whose telephone number is (571)270-1865. The examiner can normally be reached on M - Th 6:30 am - 5:00 pm ET, with flexible scheduling.
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Blake C. Riddick, Ph.D.
Primary Examiner
Art Unit 2884
/BLAKE C RIDDICK/Primary Examiner, Art Unit 2884