DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 Arguments
2. Applicant’s arguments, filed 05/18/2026, with respect to 35 USC § 112 rejection have been fully considered and are persuasive. The 35 USC § 112 rejections of the claims have been withdrawn.
3. Applicant’s arguments, filed 05/18/2026, with respect to the rejection(s) of claim(s) 1-12 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of OH et al. (US 2019/0125306).
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over NOTOHARA et al. U.S. Patent Application No. 2016/0113601 (hereinafter NOTOHARA) (IDS) and HAN U.S. Patent Application No. 2021/0304460 (hereinafter HAN) (IDS), and further in view of OH et al. US Patent Application No. 2019/0125306 (hereinafter OH).
Regarding claim 1, NOTOHARA discloses an X-ray imaging system (A radiographic apparatus system, Figure 1) comprising:
an X-ray irradiator configured to irradiate a target part of a subject with X-rays (An X-ray tube 3, paragraph 77, Figure 1);
an X-ray detector configured to detect the X-rays with which the subject is irradiated by the X-ray irradiator (X-ray tube 3 irradiates a corn-shaped X-ray beam to the subject M arranged on the upper portion of the top board 2, paragraph 77, Figures 1-2);
a moving mechanism configured to move at least one of the X-ray irradiator and the X-ray detector (synchronous movement mechanism 7 is configured to move the X-ray tube 3 and the FPD 4 synchronously in opposite directions with respect to the part of interest of the subject M, at least paragraphs 77-82, Figure 1);
an imaging controller configured to perform tomosynthesis imaging of the target part of the subject while the moving mechanism is moving the at least one of the X-ray irradiator and the X-ray detector (An X-ray tube movement controller 8a for controlling the X-ray tube movement mechanism 7a and an FPD movement controller 8b for controlling the FPD movement mechanism 7b; paragraphs 78-79, Figure 1); and
an image processor (In Main controller, Figure 1) configured to generate, based on a plurality of X-ray images generated by the tomosynthesis imaging, a bone-suppressed tomographic image representing a cross-section of the subject in which a bone structure of the target part is suppressed (Processors or CPU, memory, circuitry, and computer programs configured to carry out the image processing; paragraphs 74, 81- 84, 122, 124-125 and 126-127, Figures 2, 14-19), the image processor including a processor and a memory coupled to the processor and storing executable instructions (Controller 30 constituted by a CPU and executes various kinds of programs; paragraph 81 and see the rest of reference), wherein the image processor includes
a bone suppression processor (In Main controller, Figure 1) configured to suppress the bone structure of the target part based on the plurality of X-ray images generated (A main controller 30 for generally controlling such as a plurality of X-ray transparent images are taken while changing the position of the X-ray tube 3 and that of the FPD 4; paragraphs 81-82),
a reconstruction processor (In Main controller, Figure 1) configured to perform, based on the plurality of X- ray images generated, reconstruction for generating the tomographic image (An image reconstruction block/section 13 for generating a tomographic image D by composing subtraction images s; paragraphs 83-85, 116-118), and
an adjustment processor (In Main controller, Figure 1)configured to adjust a suppression degree of the bone structure in the bone-suppressed tomographic image to be generated (Image subtraction section 12 can adjust the image emphasis state in the subtraction image, and to adjust the image emphasis state of the difference image by changing the coefficient used for differential operation, and it is recognized that the degree of the suppression of the bones in the image in which soft/hard tissues are emphasized is adjusted, it corresponds to the adjustment processing portion; paragraphs 117, 146-147).
NOTOHARA does not explicitly disclose an image processor configured to generate, based on a plurality of X-ray images generated by the tomosynthesis imaging, a bone-suppressed tomographic image representing a cross-section of the subject in which a bone structure of the target part is suppressed.
However, HAN (2021/0304460) working in the same field of endeavor (paragraphs 40-43) teaches an image processor (Detector 20, Figure 2) configured to generate, based on a plurality of X-ray images generated by the tomosynthesis imaging (Tomosynthesis unit 120 applies a tomosynthesis technique to the plurality of 2D images transferred from the image input unit 110 and reconstructs the 2D images in 3D to generate the reconstructed 3D image; paragraphs 76-92, Figure 8), a bone-suppressed tomographic image representing a cross-section of the subject in which a bone structure of the target part is suppressed (A synthetic 2D image in which a specific material is emphasized or suppressed—that is, the intensity of an image by a specific material is adjusted; at least paragraph 73, Figure 3).
In view of the above, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to combine the system of NOTOHARA as taught by HAN to include: an image processor configured to generate, based on a plurality of X-ray images generated by the tomosynthesis imaging, a bone-suppressed tomographic image representing a cross-section of the subject in which a bone structure of the target part is suppressed. By doing so, the combined system of HAN would have generated a specific material or a part having a characteristic in an image is adjusted according to a request or setting of a user to provide an adaptive synthetic image (paragraph 0024 of HAN).
The combination of NOTOHARA and HAN does not explicitly disclose using a learned model that has been trained by using teacher input images including the bone structure and teacher output images in which the bone structure is suppressed or removed from the teacher input images.
However, OH working in the same field teaches using a learned model that has been trained by using teacher input images including the bone structure and teacher output images in which the bone structure is suppressed or removed from the teacher input images (Processing the X-ray image 810 to obtain the image by inputting the X-ray image 810 to the input layer 730 of the DNN 720 and performing a learning operation on the input X-ray image 810, and output by the output layer 750 for bone suppression images; paragraphs 201-206, Figures 7-8 and see the rest of reference). Such an arrangement provides easily check the abnormal portion and the degree of abnormality of the object by using the bone-suppressed image.
Thus, it would have been obvious to one having ordinary skill in the art at the time of Applicant’s invention to have combined the system of NOTOHARA and HAN as taught by OH, since doing so would have predictably and advantageously provided easily check the abnormal portion and the degree of abnormality of an object by using the bone-suppressed image.
Regarding claim 2, NOTOHARA discloses the X-ray imaging system according to claim 1.
NOTOHARA does not explicitly disclose wherein the bone suppression processor is configured to suppress the bone structure on the plurality of X-ray images before the reconstruction is performed or on the tomographic image after the reconstruction is performed; and the adjustment processor is configured to adjust the suppression degree of the bone structure in the bone-suppressed tomographic image to be generated by performing adjustment of the suppression degree of the bone structure based on a post-bone- suppression image that is a result of the suppression by the bone suppression processor
However, HAN teaches wherein the bone suppression processor (Detector 20, Figures 1-2) is configured to suppress the bone structure on the plurality of X-ray images before the reconstruction is performed or on the tomographic image after the reconstruction is performed (The reconstructed 3D image generated by the tomosynthesis unit 120; paragraphs 60-65, Figures 5-8 of HAN); and the adjustment processor is configured to adjust the suppression degree of the bone structure in the bone-suppressed tomographic image to be generated by performing adjustment of the suppression degree of the bone structure based on a post-bone- suppression image that is a result of the suppression by the bone suppression processor (A synthetic 2D image may be generated in which the intensity of at least one material of the target object is adjusted by using the segmentation data; paragraphs 18, 24, 61, 73 of HAN).
Further, OH teaches the abnormality map 870 displays a part 871 having a lesion differently from a normal object part such that the doctor office may easily check an abnormal part of the object and the degree of the abnormality, wherein the abnormality mark is classified into one of a plurality of stages according to a degree of abnormality of the abnormality, and the plurality of stages are displayed on a display (paragraphs 206, 262, Figures 8-11 and see the rest of reference).
Regarding claim 3, NOTOHARA discloses the X-ray imaging system according to claim 2.
However, NOTOHARA in view of Han teaches wherein the adjustment processor is configured to adjust the suppression degree of the bone structure in the bone-suppressed tomographic image based on a pre-bone-suppression image before the bone structure is suppressed by the bone suppression processor and the post-bone- suppression image after the bone structure is suppressed by the bone suppression processing unit (A synthetic 2D image is generated in which the intensity of at least one material of the target object is adjusted by using the segmentation data; paragraphs 7, 18, 24, 73 of HAN).
Regarding claim 4, NOTOHARA discloses the X-ray imaging system according to claim 1.
NOTOHARA in view of Han teaches further comprising an input acceptor configured to accept an input instruction to adjust the suppression degree of the bone structure, wherein the adjustment processor is configured to adjust the suppression degree of the bone structure in the bone-suppressed tomographic image based on a predetermined adjustment factor and to set the adjustment factor based on the input instruction accepted by the input acceptor (A specific material may be emphasized or suppressed by assigning the weight for each material in the synthetic 2D image synthesis process. That is, the intensity of an image pixel by a specific material in the generated synthetic 2D image may be adjusted; paragraphs 61-65, Figure 5).
Further, OH teaches using a learned model that has been trained by using teacher input images including the bone structure and teacher output images in which the bone structure is suppressed or removed from the teacher input images (Processing the X-ray image 810 to obtain the image by inputting the X-ray image 810 to the input layer 730 of the DNN 720 and performing a learning operation on the input X-ray image 810, and output by the output layer 750; paragraphs 201-206 and see the rest of reference)
Regarding claim 5, NOTOHARA discloses the X-ray imaging system according to claim 1.
NOTOHARA in view of Han teaches wherein the adjustment processor is configured be able to adjust the suppression degree of the bone structure in each of pixels of the bone-suppressed tomographic image to be generated (A specific material may be emphasized or suppressed by assigning the weight for each material in the synthetic 2D image synthesis process. That is, the intensity of an image pixel by a specific material in the generated synthetic 2D image may be adjusted; paragraphs 61, 73, Figure 7).
Further, OH teaches the abnormality map 870 displays a part 871 having a lesion differently from a normal object part such that the doctor office may easily check an abnormal part of the object and the degree of the abnormality, wherein the abnormality mark is classified into one of a plurality of stages according to a degree of abnormality of the abnormality, and the plurality of stages are displayed on a display (paragraphs 206, 262, Figures 8-11 and see the rest of reference).
Regarding claim 6, NOTOHARA discloses the X-ray imaging system according to claim 1.
However, NOTOHARA in view of Han teaches wherein the bone suppression processor is configured to suppress the bone structure on each of the plurality of X-ray images generated; the adjustment processor is configured to perform the adjustment of the suppression degree of the bone structure on the plurality of X-ray images in which the bone structure is suppressed by the bone suppression processor; and the reconstruction processor configured to generate the bone-suppressed tomographic image in which the suppression degree of the bone structure is adjusted by performing the reconstruction based on the plurality of X-ray images in which the suppression degree of the bone structure is adjusted by the adjustment processor (paragraphs 61, 65-66, 73).
Regarding claim 7, NOTOHARA discloses the X-ray imaging system according to claim 1, wherein
the reconstruction processor is configured to generate a bone-present tomographic image that is the tomographic image including the bone structure of the target part by performing the reconstruction on the plurality of X-ray images (an image reconstruction block/section 13 for generating a tomographic image D by composing subtraction images; paragraphs 83-85).
NOTOHARA in view of Han teaches the bone suppression processor is configured to generate the bone-suppressed tomographic image by suppressing the bone structure on the bone-present tomographic image, which is generated by the reconstruction processor; and the adjustment processing unit is configured to perform the adjustment of the suppression degree of the bone structure on the bone-suppressed tomographic image, which is generated by the bone suppression processor (A specific material may be emphasized or suppressed by assigning the weight for each material in the synthetic 2D image synthesis process. That is, the intensity of an image pixel by a specific material in the generated synthetic 2D image may be adjusted; paragraphs 61, 73-85 and also paragraph 65, Figure 5 that numerical values represent a case of bone suppression).
Further, OH teaches the lesion 811 have been removed from the bone suppression image 830. Accordingly, a doctor may more accurately observe the lesion 811 by using the bone suppression image 830 (paragraph 204-227, Figures 8-11 and see the rest of reference).
Regarding claim 8, NOTOHARA discloses the X-ray imaging system according to claim 1.
NOTOHARA in view of Han teaches wherein the bone suppression processor is configured to suppress the bone structure on each of the plurality of X-ray images generated (A specific material may be emphasized or suppressed by assigning the weight for each material in the synthetic 2D image synthesis process. That is, the intensity of an image pixel by a specific material in the generated synthetic 2D image may be adjusted; paragraph 61);
the reconstruction processor is configured to generate a bone-present tomographic image that is the tomographic image including the bone structure of the target part by performing the reconstruction on the plurality of X-ray images, and to generate a bone-extracted tomographic image that is the tomographic image in which the bone structure of the target part is extracted by performing the reconstruction on a plurality of bone-extracted images in which the bone structure of the target part is extracted and which are generated based on the plurality of X-ray images and the plurality of X-ray images in which the bone structure is suppressed by the bone suppression processor (A synthetic 2D image F in which a specific material is emphasized or suppressed—that is, the intensity of an image by a specific material is adjusted; paragraphs 73-85); and
the adjustment processing unit is configured to generate the bone-suppressed tomographic image in which the suppression degree of the bone structure is adjusted based on the bone-present tomographic image and the bone-extracted tomographic image (Wherein the synthetic 2D image synthesis unit generates a synthetic 2D image in which the intensity of a specific material of the target object is adjusted by using the segmentation data; paragraphs 7, 18, 24, 61, 73-78).
Regarding claim 9, NOTOHARA discloses the X-ray imaging system according to claim 1.
However, NOTOHARA in view of Han teaches wherein the reconstruction processor is configured to generate a bone-present tomographic image that is the tomographic image including the bone structure of the target part by performing the reconstruction on the plurality of X-ray images (Tomosynthesis unit 120 applies a tomosynthesis technique to the plurality of 2D images transferred from the image input unit 110 and reconstructs the 2D images in 3D to generate the reconstructed 3D image; paragraphs 76-85 of HAN); and
the X-ray imaging system further comprises a display configured to display the bone-present tomographic image including the bone structure, and the bone-suppressed tomographic image in which the bone structure is suppressed (Synthetic 2D image generated by the synthetic 2D image synthesis unit 150 may be presented to a user through a display 160; paragraphs 44, 51, 81, 88).
Regarding claim 10, NOTOHARA discloses the X-ray imaging system according to claim 1.
The combination of NOTOHARA and HAN does not explicitly disclose wherein the target part includes at least one of a chest and an abdomen of the subject; and the image processor is configured to generate the bone-suppressed tomographic image in which the bone structure including ribs in the at least one of the chest and the abdomen is suppressed.
However, OH working in the same field of endeavor teaches wherein the target part includes at least one of a chest and an abdomen of the subject; and the image processor is configured to generate the bone-suppressed tomographic image in which the bone structure including ribs in the at least one of the chest and the abdomen is suppressed (A bone suppression image on which an organ existing in the chest is more clearly shown by removing bones existing in the chest; paragraph 121).
Regarding claim 11, NOTOHARA discloses the X-ray imaging system according to claim 1.
The combination of NOTOHARA and HAN does not explicitly disclose wherein the bone suppression processor is configured to suppress the bone structure of the target part by performing image processing by using a learned model that is produced by machine learning to suppress the bone structure.
However, OH working in the same field of endeavor teaches wherein the bone suppression processor is configured to suppress the bone structure of the target part by performing image processing by using a learned model that is produced by machine learning to suppress the bone structure (Bone suppression image 830 is an image on which an organ existing in the chest is more clearly shown by removing bones existing in the chest, including breast bones. The bone suppression image 830 may be obtained via the above-described operation based on the DNN 720; paragraphs 204-206, Figure 7 of OH).
Regarding claim 12, claim 12 is the method claim of device claim 1. Therefore, method claim 12 is rejected for the reason given in device claim 1.
Cited Art
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
TAKAHASHI et al. (US 2021/0030374) discloses an image generating device, comprising: a DRR imager configured to generate a first DRR image showing a specific region and another region of a subject and a second DRR image showing the specific region, by performing, for a set of CT image data of the area including the specific region of the subject, a virtual fluoroscopic projection simulating a geometric fluoroscopy condition of an X-ray irradiator and an X-ray detector for the subject; and an image converter configured to perform conversion of an X-ray image showing the specific region and the another region of the subject into an image showing the specific region, using a machine learning model that has undergone machine learning using the first DRR image for an input image and the second DRR image for a training image, wherein: the specific region is a bone portion; and the image generating device further comprises a bone portion subtractor configured to subtract an image showing the bone portion from the X-ray image, wherein: the specific region is all regions except the bone portion of the subject, wherein: the specific region is a blood vessel with a contrast dye injected, wherein: the first DRR image is a DRR image obtained by removing the dye-injected blood vessel from a DRR image including the dye-injected blood vessel, while the X-ray image is an X-ray image with no contrast dye injected; and the image generating device further comprises a blood vessel adder configured to add an image showing the dye-injected blood vessel to the X-ray image.
7. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLEN H NGUYEN whose telephone number is (571)270-1229. The examiner can normally be reached M-F 7 am-4 pm.
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/ALLEN H NGUYEN/Primary Examiner, Art Unit 2683
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