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 .
Priority
Applicant claims the benefit of PCT/JP2021/048503 filed 12/27/2021. Claims 1-20 have been afforded the benefit of this filing date.
Information Disclosure Statement
The IDS dated 07/13/2023, 08/14/2023, 12/29/2023 and 07/31/2024 have been considered and placed in the application file.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In claims 1, 3, and 15 the limitation “generation unit” has been interpreted under 112(f) as a means plus function limitation because of the combination of a non-structural term “unit” and functional language “generation” without reciting sufficient structure to achieve the function.
i. (* Note: the specification discloses a generation unit in ¶0008)
In claims 1, 4, 5, 6-10, 11-15 and 15 the limitation “obtaining unit” has been interpreted under 112(f) as a means plus function limitation because of the combination of a non-structural term “unit” and functional language “obtaining” without reciting sufficient structure to achieve the function.
i. (* Note: the specification discloses an obtaining unit in ¶0008)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification.
Under MPEP 2143.03, "All words in a claim must be considered in judging the patentability of that claim against the prior art." In re Wilson, 424 F.2d 1382, 1385, 165 USPQ 494, 496 (CCPA 1970). As a general matter, the grammar and ordinary meaning of terms as understood by one having ordinary skill in the art used in a claim will dictate whether, and to what extent, the language limits the claim scope. Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).
Claim 15 recite “or ” then listing “moving image or in real time”. Since “or” is disjunctive, any one of the elements found in the prior art is sufficient to reject the claim. While citations have been provided for completeness and rapid prosecution, only one element is required. Because, on balance, it appears the disjunctive interpretation enjoys the most specification support and for that reason the disjunctive interpretation (one of A, B OR C) is being adopted for the purposes of this Office Action. Applicant’s comments and/or amendments relating to this issue are invited to clarify the claim language and the prosecution history.
Claim 16 recite “or ” then listing “at least calcium, hydroxyapatite, or bone, and the third material includes a contrast agent or a material containing a metal”. Since “or” is disjunctive, any one of the elements found in the prior art is sufficient to reject the claim. While citations have been provided for completeness and rapid prosecution, only one element is required. Because, on balance, it appears the disjunctive interpretation enjoys the most specification support and for that reason the disjunctive interpretation (one of A, B OR C) is being adopted for the purposes of this Office Action. Applicant’s comments and/or amendments relating to this issue are invited to clarify the claim language and the prosecution history.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-14, and 16-20 are rejected under 35 U.S.C. 103 as obvious over Sattarivand et al. (WO 2019/237179 A1 hereafter referred to as Sattarivand) in view of Seppi et al (US Patent Publication 2005/0084060 A1 hereafter referred to as Seppi).
Regarding Claim 1, Sattarivand teaches an image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) comprising:
a generation unit (Sattarivand Fig 7 580 discloses an image generation module) configured to generate a first image (Sattarivand ¶0011 discloses a first image) representing a thickness of a first material (Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images) and a second image (Sattarivand ¶0011 discloses a second image) representing a thickness of a second material different from the first material (Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images) using a plurality of images obtained (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) based on a first combination of different radiation energies (Sattarivand ¶0091 -¶0094 discloses combining the high and low energy radiation energies), and to generate a third image representing the thickness of the first material (Sattarivand ¶0011 "generate a combined image by, separately for each of multiple parts of the first and second images") representing the thickness of the second material (Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images) using a plurality of images (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) obtained based on a second combination of different radiation energies (Sattarivand ¶0092, ¶0094 discloses applying weighting factors to combining different energy images to emphasize or deemphasize features); and
an obtaining unit configured to obtain (Sattarivand ¶0040 discloses a processor configured to obtain an image), using one of the first image (Sattarivand ¶0011 discloses a first image) and the second image (Sattarivand ¶0011 discloses a second image) and one of the third image (Sattarivand ¶0011 "generate a combined image by, separately for each of multiple parts of the first and second images,"), an enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) in which a third material different from the first material and the second material is enhanced (Sattarivand ¶0098, ¶0165, discloses enhancing a tumor instead of bone or tissue in the first or second image).
Sattarivand does not explicitly teach and a fourth image, and the fourth image.
Seppi is in the same field of medical imaging. Further, Seppi teaches and a fourth image (Seppi ¶0046, ¶0091, ¶0009, ¶0067 discloses four materials being detected in plurality of images including a plurality of combination images), and the fourth image (Seppi ¶0046, ¶0091, ¶0009, ¶0067 discloses four materials being detected in plurality of images including a plurality of combination images).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sattarivand by incorporating multiple materials to be detected with additional images as well as including a contrast agent to help detect abnormalities as taught by Seppi, to make an invention that can detect additional materials in the human body using x-ray imaging in conjunction with contrast agent and varying energies; thus, one of ordinary skilled in the art would be motivated to combine the references since an object of the present invention is to reduce the death toll of cancer patients by using the described techniques to detect tumors of cancerous variety earlier (Seppi,¶0004).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 2, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein
the plurality of images obtained (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) based on the first combination (Sattarivand ¶0091 -¶0094 discloses combining the high and low energy radiation energies) include an image captured at a first energy (Sattarivand ¶0011 discloses the first image corresponding to a first radiation beam having a first energy spectrum) and an image captured at a second energy (Sattarivand ¶0011 discloses the second image corresponding to a second radiation beam having a second energy spectrum) lower than the first energy (Sattarivand ¶0021 discloses the second energy being lower than the first), and
the plurality of images obtained (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) based on the second combination (Sattarivand ¶0092, ¶0094 discloses applying weighting factors to combining different energy images to emphasize or deemphasize features) include the image captured at the second energy (Sattarivand ¶0021 discloses the second energy being lower than the first) and an image captured at a third energy lower than the second energy (Sattarivand ¶0137 discloses acquiring images at a does of 9.9mA's which is lower that the first and second energy). See rationale for Claim 1 (its parent claim).
Regarding Claim 3, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 2, wherein
the generation unit (Sattarivand Fig 7 580 discloses a image generation module) generates the first image (Sattarivand ¶0011 discloses a first image) and the second image (Sattarivand ¶0011 discloses a second image) by processing of material decomposition (Sattarivand Fig 6 and ¶0107 discloses a material decomposition method) based on the image captured at the first energy (Sattarivand ¶0011 discloses the first image corresponding to a first radiation beam having a first energy spectrum) and the image captured at the second energy (Sattarivand ¶0011 discloses the second image corresponding to a second radiation beam having a second energy spectrum), and generates the third image (Sattarivand ¶0011 "generate a combined image by, separately for each of multiple parts of the first and second images,") and the fourth image (Seppi ¶0046, ¶0091, ¶0009, ¶0067 discloses four materials being detected in plurality of images including a plurality of combination images) by processing of material decomposition (Sattarivand Fig 6 and ¶0107 discloses a material decomposition method) based on the image captured at the second energy (Sattarivand ¶0011 discloses the second image corresponding to a second radiation beam having a second energy spectrum) and the image captured at the third energy (Sattarivand ¶0137 discloses acquring images at a does of 9.9mA's which is lower that the first and second energy). See rationale for Claim 1 (its parent claim).
Regarding Claim 4, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein the obtaining unit obtains (Sattarivand ¶0040 discloses a processor configured to obtain an image) the enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) by performing subtraction (Sattarivand Fig 6, S6 and ¶0101 discloses preformed subtraction on the image) of image information based on a plurality of images (Sattarivand ¶0137 discloses acquiring a pluralirty of x-ray images) representing a thickness of the same material (Sattarivand ¶0017, ¶0168 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images and the same combinations of thickness of bone and soft tissue). See rationale for Claim 1 (its parent claim).
Regarding Claim 5, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein the obtaining unit obtains (Sattarivand ¶0040 discloses a processor configured to obtain an image) the enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) by performing subtraction (Sattarivand Fig 6, S6 and ¶0101 discloses preformed subtraction on the image) of image information based on the first image representing the thickness of the first material (Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images) and the third image representing the thickness of the first material (Sattarivand ¶0011 "generate a combined image by, separately for each of multiple parts of the first and second images,"). See rationale for Claim 1 (its parent claim).
Regarding Claim 6, Sattarivand in view of Seppi teaches the image processing apparatus(Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein the obtaining unit obtains (Sattarivand ¶0040 discloses a processor configured to obtain an image) the enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) by performing subtraction of image information (Sattarivand Fig 6, S6 and ¶0101 discloses preformed subtraction on the image) based on the second image representing the thickness of the second material (Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images) and the fourth image (Seppi ¶0046, ¶0091, ¶0009, ¶0067 discloses four materials being detected in plurality of images including a plurality of combination images) representing the thickness of the second material (Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images). See rationale for Claim 1 (its parent claim).
Regarding Claim 7, Sattarivand in view of Seppi teaches the image processing apparatus according (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) to claim 1, wherein the obtaining unit obtains (Sattarivand ¶0040 discloses a processor configured to obtain an image) the enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) by performing addition of image information (Sattarivand ¶0079 discloses addition of a plurality of images) based on a plurality of images (Sattarivand ¶0137 discloses acquiring a pluralirty of x-ray images) representing thicknesses of different materials (Sattarivand ¶0085-¶0089 discloses differentiating between the thickness of different types of material). See rationale for Claim 1 (its parent claim).
Regarding Claim 8, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein the obtaining unit obtains (Sattarivand ¶0040 discloses a processor configured to obtain an image) the enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) by performing addition of image information (Sattarivand ¶0079 discloses addition of a plurality of images) on the first image representing the thickness of the first material (Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images) and the fourth image(Seppi ¶0046, ¶0091, ¶0009, ¶0067 discloses four materials being detected in plurality of images including a plurality of combination images) representing the thickness of the second material(Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images). See rationale for Claim 1 (its parent claim).
Regarding Claim 9, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein the obtaining unit obtains (Sattarivand ¶0040 discloses a processor configured to obtain an image) the enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) by performing addition of image information (Sattarivand ¶0079 discloses addition of a plurality of images) on the second image representing the thickness of the second material (Sattarivand ¶0017 discloses determining the thickness of tissue corresponding to the first and second image and the two classes of images) and the third image representing the thickness of the first material (Sattarivand ¶0011 "generate a combined image by, separately for each of multiple parts of the first and second images,"). See rationale for Claim 1 (its parent claim).
Regarding Claim 10, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein before an operation of image information is performed (Sattarivand, ¶0003,¶0106 discloses acquiring data before the images are obtained), the obtaining unit (Sattarivand ¶0040 discloses a processor configured to obtain an image) multiplies a thickness image to be used for the operation by a correction coefficient (Sattarivand ¶0089-¶0091, ¶0153 discloses using coefficients specific to thickness of the material, including bone or tissue to emphasize the correct thickness), thereby removing a component of a predetermined tissue included in the thickness image (Sattarivand ¶0138 discloses removing portions of the image). See rationale for Claim 1 (its parent claim).
Regarding Claim 11, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 10, wherein before the operation of the image information is performed (Sattarivand, ¶0003,¶0106 discloses acquiring data before the images are obtained), the obtaining unit (Sattarivand ¶0040 discloses a processor configured to obtain an image) performs image processing of enhancing the component (Sattarivand ¶0025, ¶0132 discloses enhancing the component of the image) of the predetermined tissue included in the thickness image (Sattarivand Fig 1, 130 discloses determining the thickness of different tissues) to be used for the operation (Sattarivand ¶0213 discloses the predetermined area having a boundary for use by a radiation delivery device) and displaying the component on a display unit (Sattarivand ¶0035, ¶0207 disclose using a display). See rationale for Claim 1 (its parent claim).
Regarding Claim 12, Sattarivand in view of Seppi teaches the image processing apparatus according (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) to claim 10, wherein before the operation of the image information is performed (Sattarivand, ¶0003,¶0106 discloses acquiring data before the images are obtained), the obtaining unit (Sattarivand ¶0040 discloses a processor configured to obtain an image) performs noise reduction processing (Sattarivand ¶0144, Fig 6, S6, disclose preforming noise reduction) by applying a spatial filter (Sattarivand ¶0073, ¶0075 discloses filtering the radiation beams) to the thickness image to be used for the operation (Sattarivand ¶0039-¶0040 discloses the thickness determination used for radiation therapy). See rationale for Claim 1 (its parent claim).
Regarding Claim 13, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein the obtaining unit (Sattarivand ¶0040 discloses a processor configured to obtain an image) determines a region where the third material exists (Sattarivand ¶0182, Fig 6 S4, discloses a region of the image where a tumor exists) depending on whether a pixel value of the enhanced image exceeds a preset threshold (Sattarivand ¶0030 discloses the density of the tissues being classified based on the threshold density), and performs image processing of enhancing the region (Sattarivand ¶0102 discloses using different weighing factors for different pixel regions) and displaying the region on a display unit (Sattarivand ¶0035, ¶0207 disclose using a display). See rationale for Claim 1 (its parent claim).
Regarding Claim 14, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 10 wherein the obtaining unit (Sattarivand ¶0040 discloses a processor configured to obtain an image) determines a region where the thickness changes (Sarrarivand ¶0128, ¶0020 discloses the differences in thickness) between a plurality of thickness images (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) to be used for the operation (Sattarivand ¶0213 discloses the predetermined area having a boundary for use by a radiation delivery device) of the image information as a region where a third material exists (Sattarivand ¶0182, Fig 6 S4, discloses a region of the image where a tumor exists), and performs image processing of enhancing the region (Sattarivand ¶0102 discloses using different weighing factors for different pixel regions) in the plurality of thickness images (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) and the enhanced image (Sattarivand ¶0025, ¶0132 discloses enhancing the component of the image) and displaying the region (Sattarivand ¶0182, Fig 6 S4, discloses a region of the image where a tumor exists) on a display unit (Sattarivand ¶0035, ¶0207 disclose using a display). See rationale for Claim 1 (its parent claim).
Regarding Claim 16, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein the first material includes at least water or fat (Sattarivand ¶0130, ¶0132, discloses the material being water or slabs), the second material includes at least calcium, hydroxyapatite, or bone (Sattarivand ¶0122, 0148 discloses the material being bone), and the third material includes a contrast agent (Seppi ¶0090, Fig 3A, ¶0028 discloses the material being a contrast agent) or a material containing a metal (Seppi ¶0043 disclose a material detected that can be metal). See rationale for Claim 1 (its parent claim).
Regarding Claim 17, Sattarivand teaches an image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) comprising:
an obtaining unit (Sattarivand ¶0040 discloses a processor configured to obtain an image) configured to obtain, using (a) a material decomposition image (Sattarivand Fig 6 discloses creating decomposition images) obtained by processing of material decomposition (Sattarivand Fig 6 and ¶0107 discloses a material decomposition method) using information relating to a first combination of different radiation energies (Sattarivand ¶0091 -¶0094 discloses combining the high and low energy radiation energies) and (b) a material decomposition image (Sattarivand Fig 6 discloses creating decomposition images) obtained by the processing of the material decomposition (Sattarivand Fig 6 and ¶0107 discloses a material decomposition method) using information relating to a second combination of different radiation energies (Sattarivand ¶0092, ¶0094 discloses applying weighting factors to combining different energy images to emphasize or deemphasize features), an enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) of the material decomposition is enhanced (Sattarivand ¶0098, ¶0165, discloses enhancing a tumor instead of bone or tissue in the first or second image).
Sattarivand does not explicitly teach in which a material different from a target.
Seppi is in the same field of medical imaging. Further, Seppi teaches in which a material different from a target (Seppi ¶0040-¶0041 discloses the target being separated from other material).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sattarivand by incorporating multiple materials to be detected with additional images as well as including a contrast agent to help detect abnormalities taught by Seppi, to make an invention that can detect additional materials in the human body using x-ray imaging in conjunction with contrast agent and varying energies; thus, one of ordinary skilled in the art would be motivated to combine the references since an object of the present invention is to reduce teach tool by using the described techniques to detect tumors of cancerous variety earlier (Seppi,¶0004).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 18, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein
an average energy of a radiation spectrum (Sattarivand ¶0014 discloses an average photon energy) at which at least one image of the plurality of images obtained (Sattarivand ¶0038 discloses acquiring plural images of a tissue region based on the first combination of the radiation energies (Sattarivand ¶0091 -¶0094 discloses combining the high and low energy radiation energies) is obtained is an energy lower than a k-edge of iodine (Sattarivand ¶0137 discloses acquiring images at a does of 9.9mA's which is lower than 33 of iodine Seppi ¶0008 discloses the energy level being below the k-edge of the contrast agent) ), and an average energy (Sattarivand ¶0014 discloses an average photon energy) of a radiation spectrum at which at least one image of the plurality of images obtained (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) based on the second combination of the radiation energies (Sattarivand ¶0091 -¶0094 discloses combining the high and low energy radiation energies) is obtained is an energy lower than the k-edge of iodine (Sattarivand ¶0137 discloses acquiring images at a does of 9.9mA's which is lower than 33 of iodine, Seppi ¶0008 discloses the energy level being below the k-edge of the contrast agent). See rationale for Claim 1 (its parent claim).
Regarding Claim 19, Sattarivand teaches an image processing method (Sattarivand Fig 6 ¶0182 discloses an image processing method) comprising
obtaining (Sattarivand ¶0040 discloses a processor configured to obtain an image) , using (a) a material decomposition image (Sattarivand Fig 6 discloses creating decomposition images) obtained by processing of material decomposition (Sattarivand Fig 6 and ¶0107 discloses a material decomposition method) using information relating to a first combination of different radiation energies (Sattarivand ¶0091 -¶0094 discloses combining the high and low energy radiation energies) and (b) a material decomposition image (Sattarivand Fig 6 discloses creating decomposition images) obtained by the processing of the material decomposition (Sattarivand Fig 6 and ¶0107 discloses a material decomposition method) using information relating to a second combination of different radiation energies (Sattarivand ¶0092, ¶0094 discloses applying weighting factors to combining different energy images to emphasize or deemphasize features), an enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) of the material decomposition is enhanced (Sattarivand ¶0098, ¶0165, discloses enhancing a tumor instead of bone or tissue in the first or second image).
Sattarivand does not explicitly teach in which a material different from a target.
Seppi is in the same field of medical imaging. Further, Seppi teaches in which a material different from a target (Seppi ¶0040-¶0041 discloses the target being separated from other material).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sattarivand by incorporating multiple materials to be detected with additional images as well as including a contrast agent to help detect abnormalities taught by Seppi, to make an invention that can detect additional materials in the human body using x-ray imaging in conjunction with contrast agent and varying energies; thus, one of ordinary skilled in the art would be motivated to combine the references since an object of the present invention is to reduce teach tool by using the described techniques to detect tumors of cancerous variety earlier (Seppi,¶0004).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 20, Sattarivand in view of Seppi teaches a non-transitory computer-readable storage medium storing a program for causing a computer to execute (Sattarivand ¶0036 discloses a non-transitory computer readable medium having encoded thereon machine-executable instructions that, when executed by a data processor cause the data processor to execute any of the methods) the radiation imaging method according to claim 19. See rationale for Claim 19 (its parent claim).
Claims 15 are rejected under 35 U.S.C. 103 as obvious over Sattarivand in view of Seppi in further view of Sawaguchi (US Patent Publication 2020/0107791 A1 hereafter referred to as Sawaguchi).
Regarding Claim 15, Sattarivand in view of Seppi teaches the image processing apparatus (Sattarivand Fig 7, ¶0207 disclose an apparatus and image processing module) according to claim 1, wherein
the generation unit (Sattarivand Fig 7 580 discloses a image generation module) obtains, as the plurality of images obtained based on the first combination (Sattarivand ¶0091 -¶0094 discloses combining the high and low energy radiation energies) a plurality of times during one shot of radiation irradiation (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) and generates the first image (Sattarivand ¶0011 discloses a first image) and the second image (Sattarivand ¶0011 discloses a first image),
obtains, as the plurality of images (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) obtained based on a second combination of different radiation energies (Sattarivand ¶0092, ¶0094 discloses applying weighting factors to combining different energy images to emphasize or deemphasize features), a plurality of times during one (Sattarivand ¶0038 discloses acquiring plural images of a tissue region) shot of radiation irradiation and generates the third image (Sattarivand ¶0011 "generate a combined image by, separately for each of multiple parts of the first and second images,") and the fourth image(Seppi ¶0046, ¶0091, ¶0009, ¶0067 discloses four materials being detected in plurality of images including a plurality of combination images), and
the obtaining unit (Sattarivand ¶0040 discloses a processor configured to obtain an image) displays, on a display unit (Sattarivand ¶0035, ¶0207 disclose using a display), the enhanced image (Sattarivand ¶0098 discloses generating an enhanced contrast images from higher and lower energy images) obtained by the operation of image information input (Sattarivand, ¶0172, ¶0107, ¶0209, discloses information about the images taken) from the generation unit (Sattarivand Fig 7 580 discloses a image generation module) as a moving image or in real time (Sattarivand ¶0176, ¶0206 discloses preforming the operation in real time).
Sattarivand in view of Seppi does not explicitly teach images obtained by performing a sample and hold operation, and images obtained by performing a sample and hold operation.
Sawaguchi is in the same field of x-ray imaging. Further, Sawaguchi teaches images obtained by performing a sample and hold operation (Sawaguchi ¶0021 - ¶0028 discloses a sample and hold operation being preformed in an x-ray image apparatus) and images obtained by performing a sample and hold operation (Sawaguchi ¶0021 - ¶0028 discloses a sample and hold operation being preformed in an x-ray image apparatus).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sattarivand in view of Seppi by incorporating the sample and hold operation used while taking x-ray images as taught by Sawaguchi, to make an invention that can take a plurality of images at during one shot or irradtion to reduce error in the signal transmission; thus, one of ordinary skilled in the art would be motivated to combine the references since an object of the present invention is to increase the accuracy of the offset correction in shooting x-ray images (Sawaguchi,¶0017).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Reference Cited
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
European Patent Publication EP-3545845-A1 to Shin et al. discloses a method for processing computer tomography imaging data of a patient.
Conclusion
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/RACHEL L ROBERTS/Examiner, Art Unit 2674
/ONEAL R MISTRY/Supervisory Patent Examiner, Art Unit 2674