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
Claim 1, 3-4, 10, 12, 18, 20, and 22 have been amended.
Claims 1-6, 8-14, 16, and 18-22 are still pending for consideration.
The amendment narrows claim by incorporating limitations from dependent claim 3, including that the first image includes an MRS image and the second image includes a structural image. The amendment also further narrows the claim by adding requirements concerning the modality and slice direction of the third/scout images, including that the third/scout images have the same modality as the second image and a different slice direction from the first image. Therefore, the amendment changes the scope of claim 1 and appears to incorporate dependent claim subject matter while also adding further limitations not necessarily copied verbatim from the dependent claims.
Response to Arguments
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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6, 8-14, 16, 18-20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Qingzhen (CN 107767444 A) in view of Van et al. (US 20020198447 A1).
Regarding claim 1, Qingzhen teaches a system, comprising: at least one storage device storing executable instructions, and at least one processor in communication with the at least one storage device, when executing the executable instructions (see page 12, 5th para; “The above-mentioned integrated unit realized in the form of SFU software functional unit, can be stored in one and computer-readable deposit In storage media. Above-mentioned SFU software functional unit is stored in a storage medium, including some instructions are causing a computer It is each that device (can be personal computer, server, or network equipment etc.) or processor (Processor) perform the present invention”), causing the system to perform operations including: obtaining a first image representing a first region of a subject; wherein the first image includes a magnetic resonance spectroscopy (MRS) image (see page 9, 8th para; “Wherein, three-dimensional multi-voxel proton data refer to that the three-dimensional of scanning area checks data, generally by Magnetic Resonance Spectrum The data that method (Magnetic Resonance Spectroscopy, MRS) sequence acquisition obtains, can generally be covered larger Scanning area”); generating a pseudocolor image based on the first image (see page 4, 2nd para; “first obtains three-dimensional multi-voxel proton data per individual The statistical information of element, statistical information is obtained into the pseudo-coloured silk of three dimensional multi-voxel proton”), wherein the pseudocolor image includes a plurality of pixels each of which corresponds to a pixel of the first image (see Abstract; “This method includes, and obtains the statistical information of each voxel in three-dimensional multi-voxel proton data”), each of the pixels in the pseudocolor image has a color that demonstrates a concentration value of a metabolite at a portion or position of the subject (see page 4, 5th para; “Wherein, three-dimensional multi-voxel proton pcolor data refer to showing the three-dimensional multi-voxel proton data of statistical information, in the present invention Can be, but not limited in embodiment is metabolin distribution map”), and generating a fused image by fusing the pseudocolor image and the second image (see Abstract; “According to registering relation, fusion shows the three-dimensional multi-voxel proton pcolor data and three-dimensional reference image data, to generate 3 D stereo fused images”, see also page 3, last para; “Fusion Module, for pseudo- color according to the coordinate and the respective coordinates, the fusion display three-dimensional multivoxel proton Diagram data and three-dimensional reference image data”). However, Qingzhen does not teach processing one or more third images or one or more scout images to obtain a second image, wherein a slice direction of the second image is the same as a slice direction of the first image, a modality of the one or more third images or the one or more scout images is the same as a modality of the second image, a slice direction of each of the one or more third images or the one or more scout images is different from the slice direction of the first image, a slice direction of an image among the first image, the second image, the one or more third images, and the one or more scout images is an angle between a slice represented in the image and an axial plane of an imaging device.
In the same field of endeavor Van et al. teach processing one or more third images or one or more scout images to obtain a second image (see para [0006]; “method one or more so-called localizer scans are performed initially. Thereafter, these localizer images are analyzed in order to extract structural information about the examined object, such as size, location and orientation of the object or organ…. the various imaging planes are determined from the planes of the template, thus allowing the automated prescription of new scanning parameters”), wherein a slice direction of the second image is the same as a slice direction of the first image (see claim 1; “Method for prescription of scanning parameters determining the orientation and location of tomographic imaging planes”, see also para [0011]; “perform tomographic scanning with the relation between the geometries of the patient and the imaging planes being equal at each repeated examination session. This is achieved by the registration of reference scan image data which is employed to establish a well defined initial scanning geometry”), a modality of the one or more third images or the one or more scout images is the same as a modality of the second image (see para [0003]; “magnetic resonance imaging (MRI) or computer tomography (CT), an image of a section or slice of a region of interest of a patient is reconstructed from the magnetic resonance signals (MRI) or the X-ray beam projections (CT)”, see also para [0006]; “method one or more so-called localizer scans are performed initially. Thereafter, these localizer images are analyzed in order to extract structural information about the examined object, such as size, location and orientation of the object or organ…… Once the model is matched with the image data, the various imaging planes are determined from the planes of the template, thus allowing the automated prescription of new scanning parameters”, and para [0034]; “The reconstruction unit 18 transfers the scanning parameters, which are computed in accordance with the present invention, to the control unit 14, which initiates the desired re-scanning procedure of the patient 21”, Note; the scout/localizer is an MRI image and the subsequently obtained second image is also an MRI structural image, the scout image modality is the same as the second image modality), a slice direction of each of the one or more third images or the one or more scout images is different from the slice direction of the first image (see para [0006]; “these localizer images are analyzed in order to extract structural information about the examined object, such as size, location and orientation”, see also para [0032]; “the angulations and off-center parameters which have been computed in step 3 can be presented to the operator by means of a plan scan tool in step 6”, Note; It changes or adjusts the slice direction of the final target scans so they differ from the slice orientation of the original localizer/scout images, ensuring the diagnostic slices properly align with the anatomy), a slice direction of an image among the first image, the second image, the one or more third images, and the one or more scout images is an angle between a slice represented in the image and an axial plane of an imaging device (see para [0014]; “Three landmark points in space, which might for example represent the location of characteristic anatomic features, span a plane whose orientation (angulation) relative to the coordinates of the scan volume of the reference scan is known for both the previous and the current examination….. the scanning parameters for the subsequent current examination are derived by adding the relative off-centers and angulations of the plane spanned by the landmark points of the current reference scan in order to obtain equal imaging planes for the current examination” Note: establishing a plane in 3D space using three anatomic landmark points define the exact orientation and angulation of a specific anatomical slice corresponds slice direction as the angle between the image slice and the axial plane). Accordingly, it would have been obvious to one of ordinary skill in the art before the effecting filling date of the invention to modify the general use of a method for three-dimensional multi-voxel proton pcolor data merging to generate 3 D stereo fused images of Qingzhen in view of the use of a method for prescription of scanning parameters determining the orientation and location of tomographic imaging planes of Van et al. in order to provide an improved technique for the prescription of scanning parameters for tomographic imaging (see para [0006]).
Regarding claim 2, the rejection of claim 1 is incorporated herein.
Qingzhen in the combination further teach wherein the second image represents a second region of the subject (see Abstract; “According to registering relation, fusion shows the three-dimensional multi-voxel proton pcolor data and three-dimensional reference image data, to generate 3 D stereo fused images”, Note three dimensional reference image data correspond second image ), and the second region includes at least part of the first region of the subject (see page 3, 10th para; “the coordinate of the three-dimensional multi-voxel proton pcolor data is obtained. According to the coordinate of registering relation and three-dimensional multi-voxel proton pcolor data, it is determined that the correspondence in three-dimensional reference map data Coordinate. The registering relation based on coordinate is that is to say, makes three-dimensional multi-voxel proton pcolor data corresponding with three-dimensional reference map data. 1033rd, according to the coordinate and the respective coordinates, fusion show the three-dimensional multi-voxel proton pcolor data with Three-dimensional reference image data”)
Regarding claim 3, the rejection of claim 2 is incorporated herein.
Qingzhen in the combination further teach the second image includes a structural image indicative of one or more structural characteristics of the second region (see page 3, 1st para; “MR (Magnetic Resonance, nuclear magnetic resonance), PET-MR (Positron Emission Computed Tomography-MR, Positron Emission Computed Tomography and nuclear magnetic resonance) or CT In scanning imaging systems such as (Computer Tomography, CT scans), result is being carried out to scanning area During analysis, generally require to carry out the three dimensional multi-voxel proton data of scanning area with reference image data to merge display” Note: reference image implies structural image).
Regarding claim 4, the rejection of claim 2 is incorporated herein.
Qingzhen in the combination further teach and generating, based on the first image and the one or more third images, the second image (see Abstract; According to registering relation, fusion shows the three-dimensional multi-voxel proton pcolor data and three-dimensional reference image data, to generate 3 D stereo fused images. Technical scheme provided in an embodiment of the present invention is applied to during image co-registration”, see also page 6, 3rd para; “Fusion Module, for pseudo- color according to the coordinate and the respective coordinates, the fusion display three-dimensional multivoxel proton Diagram data and three-dimensional reference image data”).
Van et al. in the combination further teach wherein the processing one or more third images or one or more scout images to obtain a second image (see para [0006]; “method one or more so-called localizer scans are performed initially. Thereafter, these localizer images are analyzed in order to extract structural information about the examined object, such as size, location and orientation of the object or organ…. the various imaging planes are determined from the planes of the template, thus allowing the automated prescription of new scanning parameters”), includes; obtaining the one or more third images of the second region, the one or more third images and the first image being of different modalities (see para [0003]; “In medical imaging, such as magnetic resonance imaging (MRI) or computer tomography (CT), an image of a section or slice of a region of interest of a patient is reconstructed from the magnetic resonance signals (MRI) or the X-ray beam projections (CT)” Note: Qingzhen teaches that the first image is MRS-sequence acquired 3D multi-voxel proton data, and Van et al. obtaining MRI/CT) images).
Regarding claim 5, the rejection of claim 4 is incorporated herein.
Van et al. in the combination further teach wherein the generating, based on the first image and the one or more third images, the second image includes: for each third image of the one or more third images, determining whether the third image and the first image misalign (see para [0022]; “the matching of the current and previous reference scan image data is refined by automatic recognition of characteristic features in the images of both the current and the previous reference scans and/or by finding a geometric transformation that minimizes the differences between the two images….the automatic registration of the position of the patient in the scanner may fail. In such situations the user may decide to start the matching procedure interactively and subsequently refine the localization by an automatic matching algorithm”); in response to determining that the third image and the first image misalign, determining the second image by processing the one or more third images using an interpolation technique (see para [0030]; “the scanning parameters of the reference scans it might be necessary to interpolate the image data in accordance with the scanning parameters of the previous examination session 2 before the actual matching of corresponding images can be carried out”).
Regarding claim 6, the rejection of claim 4 is incorporated herein.
Van et al. in the combination further teach wherein the generating, based on the first image and the one or more third images, the second image includes: for a third image of the one or more third images, determining whether the third image and the first image misalign; (see para [0022]; “the matching of the current and previous reference scan image data is refined by automatic recognition of characteristic features in the images of both the current and the previous reference scans and/or by finding a geometric transformation that minimizes the differences between the two images… the automatic registration of the position of the patient in the scanner may fail”, see also para [0021]; “The matching procedure is completed when the user decides that corresponding slices which are displayed in the different viewports have the same locations and orientations relative to the position of the examined object in the images of both the previous and the current reference scans”), in response to determining that the third image and the first image align, designating the third image as the second image (see para [0032]; “If a full anatomical scan was performed in step 5, redundant scanning is avoided by computing "re-sliced" images based on the image data in step 8 in accordance with the image plane orientations and locations which have been computed in step 3”).
Regarding claim 8, the rejection of claim 1 is incorporated herein.
Van et al. in the combination further teach wherein the obtaining the first image representing the first region of the subject includes; obtaining one or more scout images of the first region of the subject (see para [0006]; “one or more so-called localizer scans are performed initially. Thereafter, these localizer images are analyzed in order to extract structural information about the examined object, such as size, location and orientation of the object or organ”); and causing an imaging device to acquire the first image by scanning the first region of the subject according to the one or more scout images (see para [0006]; “Once the model is matched with the image data, the various imaging planes are determined from the planes of the template, thus allowing the automated prescription of new scanning parameters”, see also para [0024]; “wherein the scanner comprises means for generating tomographic images according to scanning parameters being prescribed by the computer”).
Regarding claim 9, the rejection of claim 8 is incorporated herein.
Qingzhen in the combination further teach wherein the obtaining the second image includes: obtaining the second image by processing the one or more scout images using an interpolation technique (see page 4, 4th para; “the statistical information of each voxel the three-dimensional multi-voxel proton data the enterprising row interpolation of three dimensional, Generate three-dimensional multi-voxel proton pcolor data corresponding to the three-dimensional multi-voxel proton data”).
Regarding claim 10, the rejection of claim 8 is incorporated herein.
Van et al. in the combination further teach wherein the processing one or more third images or one or more scout images to obtain a second image (see para [0006]; “method one or more so-called localizer scans are performed initially. Thereafter, these localizer images are analyzed in order to extract structural information about the examined object, such as size, location and orientation of the object or organ…. the various imaging planes are determined from the planes of the template, thus allowing the automated prescription of new scanning parameters”), includes: determining whether one of the one or more scout images and the first image misalign; and in response to a determination that the one of the one or more scout images and the first image misalign, determining, based on the first image, the second image (see para [0022]; “the matching of the current and previous reference scan image data is refined by automatic recognition of characteristic features in the images of both the current and the previous reference scans and/or by finding a geometric transformation that minimizes the differences between the two images….the automatic registration of the position of the patient in the scanner may fail. In such situations the user may decide to start the matching procedure interactively and subsequently refine the localization by an automatic matching algorithm”).
Regarding claim 11, the rejection of claim 10 is incorporated herein.
Qingzhen in the combination further teach wherein the determining whether one of the one or more scout images and the first image misalign includes: determining whether slice information of the one of the one or more scout images matches slice information of the first image, the slice information including at least one of a slice position or a slice direction (see page 3, last para; “Fusion Module, for pseudo- color according to the coordinate and the respective coordinates, the fusion display three-dimensional multivoxel proton Diagram data and three-dimensional reference image data” Note: the respective coordinates used for the same determination), and in response to a determination that the slice information of the one of the one or more scout images fails to match the slice information of the first image, determining that the one of the one or more scout images and the first image misalign (see page 3, 2nd para; “. three-dimensional multi-voxel proton data are merged into display with reference image data, it usually needs first determine principal direction, then According to the statistical information of the three-dimensional each voxel of multi-voxel proton data, it is determined that principal direction on obtain every layer of multi-voxel proton data puppet it is color Diagram data, finally according to registering relation, every layer of multi-voxel proton pcolor data are merged with the reference image data of respective layer Display”).
Regarding claim 12, the rejection of claim 8 is incorporated herein.
Van et al. in the combination further teach wherein the processing one or more third images or one or more scout images to obtain a second image (see para [0006]; “method one or more so-called localizer scans are performed initially. Thereafter, these localizer images are analyzed in order to extract structural information about the examined object, such as size, location and orientation of the object or organ…. the various imaging planes are determined from the planes of the template, thus allowing the automated prescription of new scanning parameters”) includes; generating, based on the first image and the one of the one or more scout images, by processing the one or more scout images using an interpolation technique, the second image (see para [0030]; “the scanning parameters of the reference scans it might be necessary to interpolate the image data in accordance with the scanning parameters of the previous examination session 2 before the actual matching of corresponding images can be carried out”).
Regarding claim 13, the rejection of claim 1 is incorporated herein.
Qingzhen in the combination further teach wherein the generating the fused image by fusing the pseudocolor image and the second image includes: assigning a value or the color of each of at least some of a plurality of pixels in the pseudocolor image to a corresponding second pixel of a plurality of second pixels in the second image to obtain the fused image (see claim 5; “Obtain the coordinate of the three-dimensional multi-voxel proton pcolor data； According to registering relation and the coordinate, the respective coordinates in the three-dimensional reference map data, the respective coordinates are determined There is registering relation with the coordinate； According to the coordinate and the respective coordinates, fusion shows the three-dimensional multi-voxel proton pcolor data and three dimensional reference chart As data”).
Regarding claim 14, the rejection of claim 1 is incorporated herein.
Qingzhen in the combination further teach wherein the generating the fused image by fusing the pseudocolor image and the second image includes: generating a registered pseudocolor image by registering the pseudocolor image with the second image (see Abstract; According to registering relation, fusion shows the three-dimensional multi-voxel proton pcolor data and three-dimensional reference image data, to generate 3 D stereo fused images. Technical scheme provided in an embodiment of the present invention is applied to during image co-registration”) and fusing the registered pseudocolor image and the second image to obtain the fused image (see page 6, 3rd para; “Fusion Module, for pseudo- color according to the coordinate and the respective coordinates, the fusion display three-dimensional multivoxel proton Diagram data and three-dimensional reference image data”).
Regarding claim 16, the rejection of claim 1 is incorporated herein.
Van et al. in the combination further teach wherein the second image and the first image are of different modalities (see para [0003]; “In medical imaging, such as magnetic resonance imaging (MRI) or computer tomography (CT), an image of a section or slice of a region of interest of a patient is reconstructed from the magnetic resonance signals (MRI) or the X-ray beam projections (CT)” Note: Qingzhen teaches that the first image is MRS-sequence acquired 3D multi-voxel proton data, and Van et al. obtaining MRI/CT) images).
Regarding claim 18, the scope of claim 18 is fully encompassed by the scope of claim 1, accordingly, the rejection analysis of claim 1 is equally applicable here.
Regarding claim 19, the rejection of claim 18 is incorporated herein.
Qingzhen in the combination further teach wherein the second image represents a second region of the subject, and the second region includes at least part of the first region of the subject (see page 9, 8th para; “Wherein, three-dimensional multi-voxel proton data refer to that the three-dimensional of scanning area checks data, generally by Magnetic Resonance Spectrum The data that method (Magnetic Resonance Spectroscopy, MRS) sequence acquisition obtains, can generally be covered larger Scanning area”).
Regarding claim 20, Qingzhen teach non-transitory computer readable medium, comprising a set of instructions, wherein when executed by at least one processor, the set of instructions direct the at least one processor to effectuate a method (see page 12, 5th para; “The above-mentioned integrated unit realized in the form of SFU software functional unit, can be stored in one and computer-readable deposit In storage media. Above-mentioned SFU software functional unit is stored in a storage medium, including some instructions are causing a computer It is each that device (can be personal computer, server, or network equipment etc.) or processor (Processor) perform the present invention”), the method comprising: obtaining a magnetic resonance spectroscopv (MRS) image representing a first region of a subject based on one or more scout images based on one or more scout images (see page 9, 8th para; “Wherein, three-dimensional multi-voxel proton data refer to that the three-dimensional of scanning area checks data, generally by Magnetic Resonance Spectrum The data that method (Magnetic Resonance Spectroscopy, MRS) sequence acquisition obtains, can generally be covered larger Scanning area”) generating a pseudocolor image based on the MRS image (see page 4, 2nd para; “, first obtains three-dimensional multi-voxel proton data per individual The statistical information of element, statistical information is obtained into the pseudo- coloured silk of threedimensional multi-voxel proton in the enterprising row interpolation of three-dimensional of three-dimensional multi-voxel proton data”), wherein the pseudocolor image includes a plurality of pixels each of which corresponds to a pixel of the MRS image (see Abstract; “This method includes, and obtains the statistical information of each voxel in three-dimensional multi-voxel proton data”), each of the pixels in the pseudocolor image has a color that demonstrates a concentration value of a metabolite at a portion or position of the subject (see page 4, 5th para; “Wherein, three-dimensional multi-voxel proton pcolor data refer to showing the three-dimensional multi-voxel proton data of statistical information, in the present invention Can be, but not limited in embodiment is metabolin distribution map”), obtaining a second image, including a structural image indicative of one or more structural characteristics of a second region of the subject (see page 4, 2nd para; “according to registering relation, three-dimensional multi-voxel proton pcolor data are carried out with three-dimensional reference image data to merge display, Generate 3 D stereo fused images”, see also page 6, 8th para; “methods described are fitted For nuclear magnetic resonance MR scanning imaging systems, Positron Emission Computed Tomography and nuclear magnetic resonance PET-MR scanning imageries system System or CT scan CT imaging systems”, Note: the reference image data is the structural image used for fusion e.g. MR or CT), in response to a determination that a slice direction of each of the one or more scout images is different from a slice direction of the MRS image, (see page 4, para 10-12; “the coordinate of the three-dimensional multi-voxel proton pcolor data is obtained. According to the coordinate of registering relation and three-dimensional multi-voxel proton pcolor data, it is determined that the correspondence in three-dimensional reference map data Coordinate. The registering relation based on coordinate is that is to say, makes three-dimensional multi-voxel proton pcolor data corresponding with three-dimensional reference map data.. according to the coordinate and the respective coordinates, fusion show the three-dimensional multi-voxel proton pcolor data with Three-dimensional reference image data”, Note: the reference and the first image (MRS) differ in slice information when the correspondence fails). However, Qingzhen also does not teach including: obtaining the second image with a slice direction being same as a slice direction of the MRS image by scanning the second region of the subject associated with the MRS image based on the slice direction of the MRS image, wherein a modality of the one or more scout images is the same as a modality of the second image, and a slice direction of an image among the MRS image, the second image, and the one or more scout images is an angle between a slice represented in the image and an axial plane of an imaging device.
In the same field of endeavor, Van et al teach including: obtaining the second image with a slice direction being same as a slice direction of the MRS image by scanning the second region of the subject associated with the MRS image based on the slice direction of the MRS image (see para [0001]; “The invention relates to a method for prescription of scanning parameters determining the orientation and location of tomographic imaging planes, wherein a current reference scan of an object is performed, the image data of the reference scan being analyzed, …. and wherein scanning parameters for one or more current examination scans are computed”, see also para [0011]; “perform tomographic scanning with the relation between the geometries of the patient and the imaging planes being equal at each repeated examination session. This is achieved by the registration of reference scan image data which is employed to establish a well defined initial scanning geometry”, and para [0014]; “the scanning parameters for the subsequent current examination are derived by adding the relative off-centers and angulations of the plane spanned by the landmark points of the current reference scan in order to obtain equal imaging planes for the current examination”), wherein a modality of the one or more scout images is the same as a modality of the second image (see para [0003]; “magnetic resonance imaging (MRI) or computer tomography (CT), an image of a section or slice of a region of interest of a patient is reconstructed from the magnetic resonance signals (MRI) or the X-ray beam projections (CT)”, see also para [0006]; “method one or more so-called localizer scans are performed initially. Thereafter, these localizer images are analyzed in order to extract structural information about the examined object, such as size, location and orientation of the object or organ…… Once the model is matched with the image data, the various imaging planes are determined from the planes of the template, thus allowing the automated prescription of new scanning parameters”, and para [0034]; “The reconstruction unit 18 transfers the scanning parameters, which are computed in accordance with the present invention, to the control unit 14, which initiates the desired re-scanning procedure of the patient 21”, Note; the scout/localizer is an MRI image and the subsequently obtained second image is also an MRI structural image, the scout image modality is the same as the second image modality), and a slice direction of an image among the MRS image, the second image, and the one or more scout images is an angle between a slice represented in the image and an axial plane of an imaging device (see para [0014]; “Three landmark points in space, which might for example represent the location of characteristic anatomic features, span a plane whose orientation (angulation) relative to the coordinates of the scan volume of the reference scan is known for both the previous and the current examination….. the scanning parameters for the subsequent current examination are derived by adding the relative off-centers and angulations of the plane spanned by the landmark points of the current reference scan in order to obtain equal imaging planes for the current examination” Note: establishing a plane in 3D space using three anatomic landmark points define the exact orientation and angulation of a specific anatomical slice corresponds slice direction as the angle between the image slice and the axial plane). Accordingly, it would have been obvious to one of ordinary skill in the art before the effecting filling date of the invention to modify the general use of a method for three-dimensional multi-voxel proton pcolor data merging to generate 3 D stereo fused images of Qingzhen in view of the use of a method for prescription of scanning parameters determining the orientation and location of tomographic imaging planes of Van et al. in order to provide an improved technique for the prescription of scanning parameters for tomographic imaging (see para [0006]).
Regarding claim 22, the rejection of claim 20 is incorporated herein.
Qingzhen in the combination further teach wherein the obtaining the second image with a slice direction being same as a slice direction of the MRS image by scanning the second region of the subject associated with the MRS image based on the slice direction of the MRS image (see page 4, para 10-12; “the coordinate of the three-dimensional multi-voxel proton pcolor data is obtained. According to the coordinate of registering relation and three-dimensional multi-voxel proton pcolor data, it is determined that the correspondence in three-dimensional reference map data Coordinate. The registering relation based on coordinate is that is to say, makes three-dimensional multi-voxel proton pcolor data corresponding with three-dimensional reference map data…. according to the coordinate and the respective coordinates, fusion show the three-dimensional multi-voxel proton pcolor data with Three-dimensional reference image data”, Note: the reference and the first image (MRS) differ in slice information when the correspondence fails).
Van et al. in the combination further teach determining the second region based on first slice information of the MRS image (see para [0001]; “The invention relates to a method for prescription of scanning parameters determining the orientation and location of tomographic imaging planes, wherein a current reference scan of an object is performed, the image data of the reference scan being analyzed, …. and wherein scanning parameters for one or more current examination scans are computed”, see also para [0014]; “the scanning parameters for the subsequent current examination are derived by adding the relative off-centers and angulations of the plane spanned by the landmark points of the current reference scan in order to obtain equal imaging planes for the current examination”); and causing an imaging device to scan the subject according to the second region to obtain the second image (see para [0024]; “wherein the scanner comprises means for generating tomographic images according to scanning parameters being prescribed by the computer”, see also para [0033]; “The reconstruction unit 18 transfers the scanning parameters, which are computed in accordance with the present invention, to the control unit 14, which initiates the desired re-scanning procedure of the patient 21”).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Qingzhen in view of Van et al. as applied in claim 20 above, and further in view of Blaskovics et al. (US 8774485 B2).
Regarding claim 21, the rejection of claim 20 is incorporated herein. The combination of Qingzhen and Van et al. as a whole does not teach wherein the color of the pixel serves as an index or code of the pixel, in which the index or code points to an entry of a color look-up table (CLUT)
In the same field of endeavor, Blaskovics et al. teach wherein the color of the pixel serves as an index or code of the pixel, in which the index or code points to an entry of a color look-up table (CLUT) (Abstract; “generating a color image using the information output from the look-up table”). Accordingly, it would have been obvious to one of ordinary skill in the art before the effecting filling date of the invention to modify the general use of a method for three-dimensional multi-voxel proton pcolor data merging to generate 3 D stereo fused images of Qingzhen in view of the use of a method for prescription of scanning parameters determining the orientation and location of tomographic imaging planes of Van et al. and generating a joint histogram using the first and second images of Blaskovics et al. in order to generating a color image (see Abstract).
Conclusion
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.
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/WINTA GEBRESLASSIE/ Examiner, Art Unit 2677
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