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 .
Status of Claims
Claims 1-2,4-7,9-10,12-14,16-17 and 19-20 are pending.
Claims 7,9,14,16 and 20 are withdrawn from prosecution.
Claims 1-2,4-6,10,12-13,17 and 19 are currently rejected.
Response to Arguments
Applicant’s arguments in Applicant’s responses filed 02/23/2026, with respect to the rejections of claim 1 under 35 U.S.C. 102(a)(1), and claims 10 and 17 under 35 U.S.C. 103, have been fully considered and are NOT persuasive.
Applicant remarks on pages 9-10 that prior art Wang, et al., US 20190236816 A1 fails to teach reconstructing, via the processor, a PET image for only the PET scan data acquired at a same respiratory phase as the determined respiratory phase that the CT image was acquired utilizing the attenuation map from the CT image, while discarding the PET scan data that does not match the same respiratory phase as the determined respiratory phase that the CT image was acquired; and prior to reconstructing the PET image, determining, via the processor, from the PET scan data only the PET scan data acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired utilizing the list mode file of the PET scan data because Wang reconstructs PET images for all respiratory phases before even determining what PET data matches the respiratory phase of the CT image, citing paragraphs 101 and 108 of Wang. Applicant makes similar arguments with respect to claims 10 and 17 on pages 10-13. However, Examiner notes that at least according to paragraph 101, the PET data is reconstructed according to a target respiratory phase, to which the CT is also matched and reconstructed. That is, the reconstruction unit 520 may reconstruct a plurality of gated PET images corresponding to the respiratory phases based on the gated PET data, where the respiratory phases of the subject may include an intermediate inspiratory phase, an end-inspiratory phase, an intermediate expiratory phase, an end-expiratory phase, or the like, or any combination thereof. The CT image data is also reconstructed to the respiratory phase of interest according to paragraph 109. Meaning that, contrary to Applicant’s assertion, the phase matching occurs prior to image reconstruction and only includes PET data and CT data that correspond to the respiratory phase of interest and effectively discarding PET data that is not within the specified respiratory phase. The prior art of record fails to teach using a list mode file of the PET scan data in the reconstruction. However, newly found prior art, Tsui, et al., (US 20200134886 A1) which teaches acquiring emission list-mode data for reconstruction of a sub-set of the list-mode data corresponding to a selected respiratory phase to generate PET images.
Therefore, the claims stand rejected.
Claim Rejections - 35 USC § 103
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, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., US 20190236816 A1 in view of Tsui, et al., US 20200134886 A1.
Regarding claim 1, Wang teaches a computer-implemented method for combining computed tomography (CT) and positron emission tomography (PET) imaging data (see reproduced fig. 6 below for the process 600 for reconstructing an attenuation corrected PET image corresponding to a target respiratory phase), comprising:
reconstructing, via a processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), a CT image of a region of interest of a subject based on CT scan data acquired at a determined respiratory phase with a CT scanner of a PET-CT imaging system (step 602 of fig. 6 and [0096] describes obtaining a CT image corresponding to a scanning region of a subject acquired by a CT scanner such as the PET-CT imaging device 110 of fig. 1 and [0050]);
generating, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), an attenuation map from the CT image ([0097] discloses processing the CT image to obtain an attenuation map);
obtaining, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), PET scan data of the region of interest of the subject acquired (step 604 of fig. 6 and [0101] describe obtaining PET data of the same scanning region of the subject) over multiple respiratory cycles with a PET scanner of the PET-CT imaging system ([0084] notes that the PET data are acquired during multiple breathing cycles of the subject);
gating, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), the PET scan data into different respiratory phases (step 606 of fig. 6 and [0101] discloses gating the PET data into a plurality of bins corresponding to different respiratory phases of the subject);
reconstructing, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), a PET image for only the PET scan data acquired at a same respiratory phase as the determined respiratory phase that the CT image was acquired utilizing the attenuation map from the CT image, while discarding the PET scan data that does not match the same respiratory phase as the determined respiratory phase that the CT image was acquired (step 618 of fig. 6 and [0116] describes reconstructing an attenuation corrected PET image corresponding to a target respiratory phase based on the respiratory phase-matched CT image and the corresponding gated PET data of the target respiratory phase. That is, the reconstructed PET image discards PET data that does not match the target respiratory phase); and
prior to reconstructing the PET image, determining, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), from the PET scan data only the PET scan data acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired ([0053] discloses processing the raw data) of the PET scan data (prior to the reconstruction step 618, steps 608 ([0103]) and 610 ([0108]) of fig. 6 describe identifying one or more sub-regions in the CT image and their corresponding portions in the gated PET images to determine a reference respiratory phase with which a motion vector field corresponding to a target respiratory phase is determined in step 612 ([0109])).
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Wang does not teach obtaining, via the processor, a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction.
However, within the same field of endeavor, Tsui teaches a respiratory motion estimation method (30) includes reconstructing emission imaging data (22) to generate a reconstructed image (50). The emission imaging data comprises lines of response (LORs) acquired by a positron emission tomography (PET) imaging device or projections acquired by a gamma camera. One or several assessment volumes (66) are defined within the reconstructed images (see abstract). Tsui discloses in [0058] that In an operation 82, an emission imaging data sub-set is selected from the emission imaging data 22 which corresponds to a specific respiratory phase (or more generally, gating interval). Typically, the respiratory phase chosen for reconstruction is the end-exhalation phase as this is the longest quiescent phase of the respiratory cycle… In an operation 84, the phase-specific emission imaging data sub-set is reconstructed. The image reconstruction operation 84 is intended to generate a high-quality reconstructed image suitable for tasks such as clinical diagnosis or clinical evaluation—hence, the image reconstruction operation 84 is preferably performed with attenuation correction using the attenuation map 18, obtaining, via the processor ([0006]), a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction ([0006]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang, for obtaining, via the processor, a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction, as taught by Tsui, to improve the signal-to-noise ratio of the respiratory gated emission imaging by suppressing image artifacts ([0058]).
Regarding claim 4, Wang in view of Tsui teaches all the limitations of claim 1 above.
Wang further teaches wherein reconstructing the PET image comprises: reconstructing, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), a plurality of PET frames from the PET scan data ([0079] discloses binning the PET data into frames of PET data. [0083] and [0102] echo the frames of PET data); and
determining, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), which PET frames of the plurality of PET frames were acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired to utilize as the PET image (step 610 of fig. 6 and [0108] states that “In 610, the respiratory phase determination unit 540 may determine a reference respiratory phase that matches the respiratory phase of the CT image among the plurality of the respiratory phases of the subject. The reference respiratory phase may be determined based on the identified one or more sub-regions in the CT image and corresponding portions in one or more gated PET images of the plurality of gated PET images.”).
Regarding claim 6, Wang in view of Tsui teaches all the limitations of claim 4 above.
Wang further teaches wherein the PET image is reconstructed from only the PET frames of the plurality of PET frames that were acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired (step 618 of fig. 6 and [0116] describes reconstructing an attenuation corrected PET image corresponding to a target respiratory phase based on the respiratory phase-matched CT image and the corresponding gated PET data of the target respiratory phase. That is, the reconstructed PET image discards PET data that does not match the target respiratory phase).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., US 20190236816 A1 in view of Tsui, et al., US 20200134886 A1, as applied to claim 1 above, and further in view of Schaefferkoetter, et al., US 20250148661 A1.
Regarding claim 2, Wang in view of Tsui teaches all the limitations of claim 1 above.
Wang teaches performing, via the processor, attenuation correction on the PET image utilizing the attenuation map to generate an attenuation-corrected PET image (step 618 of fig. 6 and [0116] describes reconstructing an attenuation corrected PET image corresponding to a target respiratory phase based on the respiratory phase-matched CT image and the corresponding gated PET data of the target respiratory phase. That is, the reconstructed PET image discards PET data that does not match the target respiratory phase).
Wang in view of Tsui fails to teach combining, via the processor, the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest.
However, within the same field of endeavor, Schaefferkoetter teaches systems and methods for reconstructing medical images based on motion estimation, where measurement data from positron emission tomography (PET) and modality measurement data from an anatomy modality, such as computed tomography (CT) data, is received from an image scanning system. A trained deep learning process is applied to the PET measurement data and the modality measurement data to generate displacement vector field (DVF) data characterizing motion between the PET measurement data and the modality measurement data. A modality image is reconstructed from the modality measurement data, and the modality image is adjusted based on the DVF data. A PET image is then reconstructed from the PET measurement data and the adjusted modality image, and the PET image is adjusted based on a computed inverse of the DVF data (abstract). Schaefferkoetter teaches combining the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest by stating in [0025] that that “the reconstructed CT image may be displayed along with (e.g., superimposed with) the PET image generated from the attenuation corrected PET measurement data”. [0038]-[0039] disclose processors 201 for implementing the superimposing step.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang, as modified by Tsui, for combining the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest, as taught by Schaefferkoetter, as such modification would more accurately match images generated from varying modalities (e.g., PET and MR or PET and CT), such as in cases where a subject moves during scans. In addition, the embodiments may allow for aligning an attenuation corrected PET image to a CT image, and for displaying the attenuation corrected PET image superimposed with the CT image. Further, the embodiments may reduce various types of attenuation correction artifacts in reconstructed PET images of subjects that move during scanning. The embodiments may also reduce associated diagnostic errors, and provide higher quality attenuation and scatter corrections leading to more reliable PET quantification ([0027]), with a reasonable expectation of success, since Wang is also tasked with the mantle of reducing the effect of respiratory and/or cardiac motion of the subject and improving the quality of a PET image reconstructed according to [0004].
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al., US 20190236816 A1 in view of Tsui, et al., US 20200134886 A1 and Schaefferkoetter, et al., US 20250148661 A1.
Regarding claim 10, Wang teaches a system for combining computed tomography (CT) and positron emission tomography (PET) imaging data ([0049] discloses an imaging system 100 for acquiring images of the subject, the system 100 comprising a PET-CT device according to [0050]), comprising:
a memory encoding processor-executable routines ([0067] discloses read only memory (ROM) storing program instructions);
a processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]) configured to access the memory and to execute the processor-executable routines, wherein the processor-executable routines, when executed by the processor ([0067] discloses that the processor executes the programs stored by the ROM), cause the processor to:
reconstruct a CT image of a region of interest of a subject based on CT scan data acquired at a determined respiratory phase with a CT scanner of a PET-CT imaging system (step 602 of fig. 6 and [0096] describes obtaining a CT image corresponding to a scanning region of a subject acquired by a CT scanner such as the PET-CT imaging device 110 of fig. 1 and [0050]);
obtain PET scan data of the region of interest of the subject acquired (step 604 of fig. 6 and [0101] describe obtaining PET data of the same scanning region of the subject) over multiple respiratory cycles with a PET scanner of the PET-CT imaging system ([0084] notes that the PET data are acquired during multiple breathing cycles of the subject);
gate the PET scan data into different respiratory phases (step 606 of fig. 6 and [0101] discloses gating the PET data into a plurality of bins corresponding to different respiratory phases of the subject);
reconstruct a PET image utilizing only the PET scan data acquired at a same respiratory phase as the determined respiratory phase that the CT image was acquired and the attenuation map from the CT image, while discarding the PET scan data that does not match the same respiratory phase as the determined respiratory phase that the CT image was acquired (step 618 of fig. 6 and [0116] describes reconstructing an attenuation corrected PET image corresponding to a target respiratory phase based on the respiratory phase-matched CT image and the corresponding gated PET data of the target respiratory phase. That is, the reconstructed PET image discards PET data that does not match the target respiratory phase); and
prior to reconstructing the PET image, determining, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), from the PET scan data only the PET scan data acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired utilizing a list mode file ([0053] discloses processing the raw data) of the PET scan data (prior to the reconstruction step 618, steps 608 ([0103]) and 610 ([0108]) of fig. 6 describe identifying one or more sub-regions in the CT image and their corresponding portions in the gated PET images to determine a reference respiratory phase with which a motion vector field corresponding to a target respiratory phase is determined in step 612 ([0109]));
generate an attenuation map from the CT image ([0097] discloses processing the CT image to obtain an attenuation map);
perform attenuation correction on the PET image utilizing the attenuation map to generate an attenuation-corrected PET image (the reconstruction step in step 618 generates an attenuation corrected PET image [0116]).
Wang does not teach obtaining, via the processor, a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction.
However, within the same field of endeavor, Tsui teaches a respiratory motion estimation method (30) includes reconstructing emission imaging data (22) to generate a reconstructed image (50). The emission imaging data comprises lines of response (LORs) acquired by a positron emission tomography (PET) imaging device or projections acquired by a gamma camera. One or several assessment volumes (66) are defined within the reconstructed images (see abstract). Tsui discloses in [0058] that In an operation 82, an emission imaging data sub-set is selected from the emission imaging data 22 which corresponds to a specific respiratory phase (or more generally, gating interval). Typically, the respiratory phase chosen for reconstruction is the end-exhalation phase as this is the longest quiescent phase of the respiratory cycle… In an operation 84, the phase-specific emission imaging data sub-set is reconstructed. The image reconstruction operation 84 is intended to generate a high-quality reconstructed image suitable for tasks such as clinical diagnosis or clinical evaluation—hence, the image reconstruction operation 84 is preferably performed with attenuation correction using the attenuation map 18, obtaining, via the processor ([0006]), a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction ([0006]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang, for obtaining, via the processor, a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction, as taught by Tsui, to improve the signal-to-noise ratio of the respiratory gated emission imaging by suppressing image artifacts ([0058]).
Wang in view of Tsui does not teach combining the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest.
However, within the same field of endeavor, Schaefferkoetter teaches systems and methods for reconstructing medical images based on motion estimation, where measurement data from positron emission tomography (PET) and modality measurement data from an anatomy modality, such as computed tomography (CT) data, is received from an image scanning system. A trained deep learning process is applied to the PET measurement data and the modality measurement data to generate displacement vector field (DVF) data characterizing motion between the PET measurement data and the modality measurement data. A modality image is reconstructed from the modality measurement data, and the modality image is adjusted based on the DVF data. A PET image is then reconstructed from the PET measurement data and the adjusted modality image, and the PET image is adjusted based on a computed inverse of the DVF data (abstract). Schaefferkoetter teaches combining the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest by stating in [0025] that that “the reconstructed CT image may be displayed along with (e.g., superimposed with) the PET image generated from the attenuation corrected PET measurement data”. [0038]-[0039] disclose processors 201 for implementing the superimposing step.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang, as modified by Tsui, for combining the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest, as taught by Schaefferkoetter, as such modification would more accurately match images generated from varying modalities (e.g., PET and MR or PET and CT), such as in cases where a subject moves during scans. In addition, the embodiments may allow for aligning an attenuation corrected PET image to a CT image, and for displaying the attenuation corrected PET image superimposed with the CT image. Further, the embodiments may reduce various types of attenuation correction artifacts in reconstructed PET images of subjects that move during scanning. The embodiments may also reduce associated diagnostic errors, and provide higher quality attenuation and scatter corrections leading to more reliable PET quantification ([0027]), with a reasonable expectation of success, since Wang is also tasked with the mantle of reducing the effect of respiratory and/or cardiac motion of the subject and improving the quality of a PET image reconstructed according to [0004].
Regarding claim 17, Wang teaches a non-transitory computer-readable medium, the computer-readable medium comprising processor-executable code that when executed by a processor ([0069] states “The exemplary computer platform may also include program instructions stored in the ROM 240, RAM 250, and/or other type of non-transitory storage medium to be executed by the CPU 230”), causes the processor to:
reconstruct a CT image of a region of interest of a subject based on CT scan data acquired at a determined respiratory phase with a CT scanner of a PET-CT imaging system (step 602 of fig. 6 and [0096] describes obtaining a CT image corresponding to a scanning region of a subject acquired by a CT scanner such as the PET-CT imaging device 110 of fig. 1 and [0050]);
obtain PET scan data of the region of interest of the subject acquired (step 604 of fig. 6 and [0101] describe obtaining PET data of the same scanning region of the subject) over multiple respiratory cycles with a PET scanner of the PET-CT imaging system ([0084] notes that the PET data are acquired during multiple breathing cycles of the subject);
gate the PET scan data into different respiratory phases (step 606 of fig. 6 and [0101] discloses gating the PET data into a plurality of bins corresponding to different respiratory phases of the subject);
reconstruct a PET image utilizing only the PET scan data acquired at a same respiratory phase as the determined respiratory phase that the CT image was acquired and the attenuation map from the CT image, while discarding the PET scan data that does not match the same respiratory phase as the determined respiratory phase that the CT image was acquired (step 618 of fig. 6 and [0116] describes reconstructing an attenuation corrected PET image corresponding to a target respiratory phase based on the respiratory phase-matched CT image and the corresponding gated PET data of the target respiratory phase. That is, the reconstructed PET image discards PET data that does not match the target respiratory phase); and
prior to reconstructing the PET image, determining, via the processor (data processing system 130 (e.g., the processor 230 of the data processing system 130) of [0094]), from the PET scan data only the PET scan data acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired utilizing a list mode file ([0053] discloses processing the raw data) of the PET scan data (prior to the reconstruction step 618, steps 608 ([0103]) and 610 ([0108]) of fig. 6 describe identifying one or more sub-regions in the CT image and their corresponding portions in the gated PET images to determine a reference respiratory phase with which a motion vector field corresponding to a target respiratory phase is determined in step 612 ([0109]));
generate an attenuation map from the CT image ([0097] discloses processing the CT image to obtain an attenuation map);
perform attenuation correction on the PET image utilizing the attenuation map to generate an attenuation-corrected PET image (the reconstruction step in step 618 generates an attenuation corrected PET image [0116]).
Wang does not teach obtaining, via the processor, a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction.
However, within the same field of endeavor, Tsui teaches a respiratory motion estimation method (30) includes reconstructing emission imaging data (22) to generate a reconstructed image (50). The emission imaging data comprises lines of response (LORs) acquired by a positron emission tomography (PET) imaging device or projections acquired by a gamma camera. One or several assessment volumes (66) are defined within the reconstructed images (see abstract). Tsui discloses in [0058] that In an operation 82, an emission imaging data sub-set is selected from the emission imaging data 22 which corresponds to a specific respiratory phase (or more generally, gating interval). Typically, the respiratory phase chosen for reconstruction is the end-exhalation phase as this is the longest quiescent phase of the respiratory cycle… In an operation 84, the phase-specific emission imaging data sub-set is reconstructed. The image reconstruction operation 84 is intended to generate a high-quality reconstructed image suitable for tasks such as clinical diagnosis or clinical evaluation—hence, the image reconstruction operation 84 is preferably performed with attenuation correction using the attenuation map 18, obtaining, via the processor ([0006]), a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction ([0006]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang, for obtaining, via the processor, a list mode file of the PET scan data and utilizing a list mode file in the PET image reconstruction, as taught by Tsui, to improve the signal-to-noise ratio of the respiratory gated emission imaging by suppressing image artifacts ([0058]).
Wang in view of Tsui does not teach combining the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest.
However, within the same field of endeavor, Schaefferkoetter teaches systems and methods for reconstructing medical images based on motion estimation, where measurement data from positron emission tomography (PET) and modality measurement data from an anatomy modality, such as computed tomography (CT) data, is received from an image scanning system. A trained deep learning process is applied to the PET measurement data and the modality measurement data to generate displacement vector field (DVF) data characterizing motion between the PET measurement data and the modality measurement data. A modality image is reconstructed from the modality measurement data, and the modality image is adjusted based on the DVF data. A PET image is then reconstructed from the PET measurement data and the adjusted modality image, and the PET image is adjusted based on a computed inverse of the DVF data (abstract). Schaefferkoetter teaches combining the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest by stating in [0025] that that “the reconstructed CT image may be displayed along with (e.g., superimposed with) the PET image generated from the attenuation corrected PET measurement data”. [0038]-[0039] disclose processors 201 for implementing the superimposing step.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang, as modified by Tsui, for combining the CT image with the attenuation-corrected PET image to generate a motion artifact-free, motion-free combined image of the region of interest, as taught by Schaefferkoetter, as such modification would more accurately match images generated from varying modalities (e.g., PET and MR or PET and CT), such as in cases where a subject moves during scans. In addition, the embodiments may allow for aligning an attenuation corrected PET image to a CT image, and for displaying the attenuation corrected PET image superimposed with the CT image. Further, the embodiments may reduce various types of attenuation correction artifacts in reconstructed PET images of subjects that move during scanning. The embodiments may also reduce associated diagnostic errors, and provide higher quality attenuation and scatter corrections leading to more reliable PET quantification ([0027]), with a reasonable expectation of success, since Wang is also tasked with the mantle of reducing the effect of respiratory and/or cardiac motion of the subject and improving the quality of a PET image reconstructed according to [0004].
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Tsui, as applied to claim 1 above, and further in view of Tzvieli, et al., US 20220151504 A1.
Regarding claim 5, Wang in view of Tsui teaches all the limitations of claim 4.
Wang in view of Tsui fails to teach wherein each frame of the plurality of PET frames spans less than 25 percent of a mean respiratory cycle.
However, within the same field of endeavor, Tzvieli teaches utilization of windowing for efficient capturing of imaging photoplethysmogram signals (iPPG signals) with head-mounted cameras (e.g., cameras mounted to frames of smartglasses) (abstract), stating in [0081] that “based on the distribution of the timing offsets between manifestation of cardiac events in the signal 563 and an iPPG signal (e.g., as measured over multiple cardiac cycles), the computer 568 selects the advantageous timings to capture at least a predetermined proportion of those occurrences of the certain feature (e.g., at least 95% or at least 99%)”, and further in [0082] that “Knowing the advantageous timings for capturing the images that are more informative for the iPPG calculations can reduce the power consumption significantly by reducing the average frame rate and/or reducing the amount of image processing calculations. In one example, the advantageous timings (during an average cardiac cycle) cover less than 25% of the duration of the average cardiac cycle”. That is, a time interval of 25% of the cardiac cycle is chosen as the temporal span of the image.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang, as modified by Tsui, wherein each frame of the plurality of PET frames spans less than 25 percent of a mean respiratory cycle, as taught by Tzvieli, as such modification would improve the accuracy of physiological signals determined based on the images ([0089]), with a reasonable expectation of success, since Wang is also tasked with the mantle of reducing the effect of respiratory and/or cardiac motion of the subject and improving the quality of a PET image reconstructed according to [0004].
Claim 12-13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view Tsui and Schaefferkoetter, as applied to claims 10 and 17, respectively, and further in view of Tzvieli, et al., US 20220151504 A1.
Regarding claim 12, Wang in view of Tsui and Schaefferkoetter teaches all the limitations of claim 10.
Wang further teaches wherein the processor-executable routines, when executed by the processor, further cause the processor to:
reconstruct a plurality of PET frames from the PET scan data ([0079] discloses binning the PET data into frames of PET data. [0083] and [0102] echo the frames of PET data), and
determine which PET frames of the plurality of PET frames were acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired to utilize as the PET image (step 610 of fig. 6 and [0108] states that “In 610, the respiratory phase determination unit 540 may determine a reference respiratory phase that matches the respiratory phase of the CT image among the plurality of the respiratory phases of the subject. The reference respiratory phase may be determined based on the identified one or more sub-regions in the CT image and corresponding portions in one or more gated PET images of the plurality of gated PET images.”).
Wang in view of Tsui and Schaefferkoetter fails to teach wherein each frame of the plurality of PET frames spans less than 25 percent of a mean respiratory cycle.
However, within the same field of endeavor, Tzvieli teaches utilization of windowing for efficient capturing of imaging photoplethysmogram signals (iPPG signals) with head-mounted cameras (e.g., cameras mounted to frames of smartglasses) (abstract), stating in [0081] that “based on the distribution of the timing offsets between manifestation of cardiac events in the signal 563 and an iPPG signal (e.g., as measured over multiple cardiac cycles), the computer 568 selects the advantageous timings to capture at least a predetermined proportion of those occurrences of the certain feature (e.g., at least 95% or at least 99%)”, and further in [0082] that “Knowing the advantageous timings for capturing the images that are more informative for the iPPG calculations can reduce the power consumption significantly by reducing the average frame rate and/or reducing the amount of image processing calculations. In one example, the advantageous timings (during an average cardiac cycle) cover less than 25% of the duration of the average cardiac cycle”. That is, a time interval of 25% of the cardiac cycle is chosen as the temporal span of the image.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang as modified by Tsui and Schaefferkoetter wherein each frame of the plurality of PET frames spans less than 25 percent of a mean respiratory cycle, as taught by Tzvieli, as such modification would improve the accuracy of physiological signals determined based on the images ([0089]), with a reasonable expectation of success, since Wang is also tasked with the mantle of reducing the effect of respiratory and/or cardiac motion of the subject and improving the quality of a PET image reconstructed according to [0004].
Regarding claim 13, Wang in view of Tsui, Schaefferkoetter and Tzvieli teaches all the limitations of claim 12.
Wang further teaches wherein the PET image is reconstructed from only the PET frames of the plurality of PET frames that were acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired (step 610 of fig. 6 and [0108] states that “In 610, the respiratory phase determination unit 540 may determine a reference respiratory phase that matches the respiratory phase of the CT image among the plurality of the respiratory phases of the subject. The reference respiratory phase may be determined based on the identified one or more sub-regions in the CT image and corresponding portions in one or more gated PET images of the plurality of gated PET images.”).
Regarding claim 19, Wang in view of Tsui, Schaefferkoetter and Tzvieli teaches all the limitations of claim 17.
Wang further teaches wherein the processor-executable code, when executed by the processor, further cause the processor ([0069] states “The exemplary computer platform may also include program instructions stored in the ROM 240, RAM 250, and/or other type of non-transitory storage medium to be executed by the CPU 230”), prior to reconstructing the PET image, to:
determine which PET frames of the plurality of PET frames were acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired (step 610 of fig. 6 and [0108] states that “In 610, the respiratory phase determination unit 540 may determine a reference respiratory phase that matches the respiratory phase of the CT image among the plurality of the respiratory phases of the subject. The reference respiratory phase may be determined based on the identified one or more sub-regions in the CT image and corresponding portions in one or more gated PET images of the plurality of gated PET images.”),
wherein the PET image is reconstructed from only the PET frames of the plurality of PET frames that were acquired at the same respiratory phase as the determined respiratory phase that the CT image was acquired (step 618 of fig. 6 and [0116] describes reconstructing an attenuation corrected PET image corresponding to a target respiratory phase based on the respiratory phase-matched CT image and the corresponding gated PET data of the target respiratory phase. That is, the reconstructed PET image discards PET data that does not match the target respiratory phase).
Wang in view of Tsui and Schaefferkoetter fails to teach wherein each frame of the plurality of PET frames spans less than 25 percent of a mean respiratory cycle.
However, within the same field of endeavor, Tzvieli teaches utilization of windowing for efficient capturing of imaging photoplethysmogram signals (iPPG signals) with head-mounted cameras (e.g., cameras mounted to frames of smartglasses) (abstract), stating in [0081] that “based on the distribution of the timing offsets between manifestation of cardiac events in the signal 563 and an iPPG signal (e.g., as measured over multiple cardiac cycles), the computer 568 selects the advantageous timings to capture at least a predetermined proportion of those occurrences of the certain feature (e.g., at least 95% or at least 99%)”, and further in [0082] that “Knowing the advantageous timings for capturing the images that are more informative for the iPPG calculations can reduce the power consumption significantly by reducing the average frame rate and/or reducing the amount of image processing calculations. In one example, the advantageous timings (during an average cardiac cycle) cover less than 25% of the duration of the average cardiac cycle”. That is, a time interval of 25% of the cardiac cycle is chosen as the temporal span of the image.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Wang as modified by Tsui, Schaefferkoetter wherein each frame of the plurality of PET frames spans less than 25 percent of a mean respiratory cycle, as taught by Tzvieli, as such modification would improve the accuracy of physiological signals determined based on the images ([0089]), with a reasonable expectation of success, since Wang is also tasked with the mantle of reducing the effect of respiratory and/or cardiac motion of the subject and improving the quality of a PET image reconstructed according to [0004].
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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/FAROUK A BRUCE/ Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/ Supervisory Patent Examiner, Art Unit 3797
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