DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The current Office action is in response to amendment filed on March 16, 2026.
Response to Arguments
Applicant’s arguments, see Pg. 9, filed March 16, 2026, with respect to Claim 12 have been fully considered and are persuasive. The objection of the claim has been withdrawn. Applicant has corrected the minor informality.
Applicant’s arguments, see Pg. 9, filed March 16, 2026, with respect to Claim 4 have been fully considered and are persuasive. The 112(b) rejection of the claim has been withdrawn. Applicant has corrected the indefinite claim language.
Applicant's arguments filed March 16, 2026 have been fully considered but they are not persuasive. Regarding claims 1 and 12, Applicant argues Gregerson fails to disclose “position the rotational axis of the x-ray source and x-ray detector to tilt the acquisition plane with respect to the trajectory plane by an amount according to the data defining the trajectory plane” because it appears to describe the acquisition plane being aligned with the trajectory plane in [0059]. However, Gregerson discloses moving the gantry based on the trajectory in [0059] and tilted image alignment is shown in Fig. 4.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 7, 11-13, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gregerson (U.S. 2016/0302871).
Regarding claim 1:
Gregerson discloses an x-ray imaging machine comprising:
an x-ray source ([0031], source) and x-ray detector ([0031], detector) opposed along an x-ray axis ([0031], source and detector are opposite from each other) and supported to orbit in opposition about a rotational axis to collect tomographic projection data with respect to an acquisition plane perpendicular to the rotational axis ([0031], source and detector rotate to get images), the tomographic projection data comprising measured x-ray attenuation along multiple rays over a range of rotational angles ([0031], source and detector rotate to get images);
an image display (Fig. 2A, 111); and
a tomography control processor ([0031], processor) receiving the tomographic projections data and operating to:
(a) receive data defining, within a trajectory plane, a probe insertion trajectory along which a probe will be inserted ([0045], trajectory);
(b) position the rotational axis of the x-ray source and x-ray detector to tilt the acquisition plane with respect to the trajectory plane by an amount according to the data defining the trajectory plane ([0059], source and detector are positioned; Fig. 4);
(c) acquire a tomographic projection set in the acquisition plane ([0059], updated image data);
(d) reconstruct the tomographic projection data into an image aligned with the trajectory planes ([0039], reconstruction);
(e) display the image on the image display ([0031], image display); and
(f) repeat (c)-(e) during a probe insertion interval ([0059], update image data during tool insertion).
Regarding claim 2:
Gregerson discloses the x-ray imaging machine of claim 1 further including a patient support (Fig. 1A, 60); and
wherein the data defining the probe insertion trajectory provides a probe target location with respect to the patient support ([0056], positioning based on patient support); and
wherein the tomographic control processor determines a necessary positioning of the patient support to place the probe target location within an intersection between the trajectory plane and an acquisition volume about the acquisition plane ([0056], positioning based on patient support).
Regarding claim 7:
Gregerson discloses the x-ray imaging machine of claim 1 wherein the data defining the probe insertion trajectory is obtained from at least one of an initial alignment of the acquisition plane and the trajectory plane ([0045], trajectory) and a probe alignment guide positionable in alignment with the trajectory of the probe and providing sensors producing the data defining the probe insertion trajectory.
Regarding claim 11:
Gregerson discloses the x-ray imaging machine of claim 1 wherein the image is produced solely with data acquired in the acquisition plane ([0059], updated image data).
Regarding claim 12:
Gregerson discloses a method of guiding a probe to a target within patient tissue employing a tomographic imaging on a CT machine providing an x-ray source and x-ray detector opposed along an x-ray axis and supported to orbit in opposition about a rotational axis to collect tomographic projection data with respect to an acquisition plane perpendicular to the rotational axis, the tomographic projection data comprising measured x-ray attenuation along multiple rays over a range of rotational angles and an image display, the method comprising:
(a) receiving data defining, within a trajectory plane, a probe insertion trajectory along which a probe will be inserted ([0045], trajectory);
(b) positioning the rotational axis of the x-ray source and x-ray detector to tilt the acquisition plane with respect to the image plane by an amount according to the data defining the trajectory plane ([0059], source and detector are positioned; Fig. 4);
(c) acquiring a tomographic projection set in the acquisition plane ([0059], updated image data)
(d) reconstructing tomographic projection data into an image aligned with the trajectory planes ([0039], reconstruction);
(e) displaying the image on an image display ([0031], image display); and
(f) repeating (c)-(e) while guiding the probe along the trajectory ([0059], update image data during tool insertion).
Regarding claim 13:
Gregerson discloses the method of claim 12 further including a patient support (Fig. 1A, 60;
and wherein the data defining the probe insertion trajectory provides a probe target location with respect to the patient support ([0056], positioning based on patient support); and
further including positioning of the patient support to place the probe target location within an intersection between the trajectory plane and an acquisition volume about the acquisition plane ([0056], positioning based on patient support).
Regarding claim 18:
Gregerson discloses the method of claim 12 wherein the data defining the probe insertion trajectory is obtained from at least one of an initial alignment of the acquisition plane and the trajectory plane ([0045], trajectory) and a probe alignment guide positionable in alignment with the trajectory of the probe and providing sensors producing the data defining the probe insertion trajectory.
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.
Claims 8-9, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gregerson (U.S. 2016/0302871) in view of Shen (U.S. 2023/0225684)
Regarding claim 8:
Gregerson discloses the x-ray imaging machine of claim 7.
However, Gregerson fails to disclose wherein the probe alignment guide is a laser projecting an alignment beam along the trajectory of the probe positionable independently of the rotation axis.
Shen teaches wherein the probe alignment guide is a laser ([0122], laser) projecting an alignment beam along the trajectory of the probe positionable independently of the rotation axis.
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the machine of Gregerson with the laser taught by Shen in order to avoid certain structures (Shen; [0003]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 9:
Gregerson discloses the x-ray imaging machine of claim 1.
However, Gregerson fails to disclose wherein the probe insertion interval is defined by operator-initiated scan requests during which a tomographic projections set is acquired.
Shen teaches wherein the probe insertion interval is defined by operator-initiated scan requests during which a tomographic projections set is acquired ([0048]).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the machine of Gregerson with the probe interval taught by Shen in order to avoid certain structures (Shen; [0003]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 19:
Gregerson discloses the method of claim 12.
However, Gregerson fails to disclose wherein the probe insertion interval is defined by operator-initiated scan requests during which a tomographic projections set is acquired.
Shen teaches wherein the probe insertion interval is defined by operator-initiated scan requests during which a tomographic projections set is acquired ([0048]).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Gregerson with the probe interval taught by Shen in order to avoid certain structures (Shen; [0003]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 3-6, and 10 are allowable.
Claims 14-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior arts are Gregerson (U.S. 2016/0302871) and Shen (U.S. 2023/0225684)
Regarding claim 3:
Gregerson discloses an x-ray imaging machine comprising:
an x-ray source ([0031], source) and x-ray detector ([0031], detector) opposed along an x-ray axis ([0031], source and detector are opposite from each other) and supported to orbit in opposition about a rotational axis to collect tomographic projection data with respect to an acquisition plane perpendicular to the rotational axis ([0031], source and detector rotate to get images), the tomographic projection data comprising measured x-ray attenuation along multiple rays over a range of rotational angles ([0031], source and detector rotate to get images);
an image display (Fig. 2A, 111); and
a tomography control processor ([0031], processor) receiving the tomographic projections data and operating to:
(a) receive data defining, within a trajectory plane, a probe insertion trajectory along which a probe will be inserted ([0045], trajectory);
(b) position the rotational axis of the x-ray source and x-ray detector to tilt the acquisition plane with respect to the trajectory plane by an amount according to the data defining the trajectory plane ([0059], source and detector are positioned; Fig. 4);
(c) acquire a tomographic projection set in the acquisition plane ([0059], updated image data);
(d) reconstruct the tomographic projection data into an image aligned with the trajectory planes ([0039], reconstruction);
(e) display the image on the image display ([0031], image display); and
(f) repeat (c)-(e) during a probe insertion interval ([0059], update image data during tool insertion).
However, Gregerson fails to disclose wherein the data defining the probe insertion trajectory includes a puncture point where a probe is to be inserted through skin of the patient and a target point for the probe tip and wherein the tomographic control processor controls the patient support and the tilt so that the acquisition volume around the acquisition plane subtends a distance between the puncture point and the target point.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record.
Regarding claim 4:
Gregerson discloses an x-ray imaging machine comprising:
an x-ray source ([0031], source) and x-ray detector ([0031], detector) opposed along an x-ray axis ([0031], source and detector are opposite from each other) and supported to orbit in opposition about a rotational axis to collect tomographic projection data with respect to an acquisition plane perpendicular to the rotational axis ([0031], source and detector rotate to get images), the tomographic projection data comprising measured x-ray attenuation along multiple rays over a range of rotational angles ([0031], source and detector rotate to get images);
an image display (Fig. 2A, 111); and
a tomography control processor ([0031], processor) receiving the tomographic projections data and operating to:
(a) receive data defining, within a trajectory plane, a probe insertion trajectory along which a probe will be inserted ([0045], trajectory);
(b) position the rotational axis of the x-ray source and x-ray detector to tilt the acquisition plane with respect to the trajectory plane by an amount according to the data defining the trajectory plane ([0059], source and detector are positioned; Fig. 4);
(c) acquire a tomographic projection set in the acquisition plane ([0059], updated image data);
(d) reconstruct the tomographic projection data into an image aligned with the trajectory planes ([0039], reconstruction);
(e) display the image on the image display ([0031], image display); and
(f) repeat (c)-(e) during a probe insertion interval ([0059], update image data during tool insertion).
However, Gregerson fails to disclose wherein the tomographic control processor positions the rotational axis to be greater than 3° from a normal to the trajectory plane.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record.
Regarding claim 5:
Gregerson discloses an x-ray imaging machine comprising:
an x-ray source ([0031], source) and x-ray detector ([0031], detector) opposed along an x-ray axis ([0031], source and detector are opposite from each other) and supported to orbit in opposition about a rotational axis to collect tomographic projection data with respect to an acquisition plane perpendicular to the rotational axis ([0031], source and detector rotate to get images), the tomographic projection data comprising measured x-ray attenuation along multiple rays over a range of rotational angles ([0031], source and detector rotate to get images);
an image display (Fig. 2A, 111); and
a tomography control processor ([0031], processor) receiving the tomographic projections data and operating to:
(a) receive data defining, within a trajectory plane, a probe insertion trajectory along which a probe will be inserted ([0045], trajectory);
(b) position the rotational axis of the x-ray source and x-ray detector to tilt the acquisition plane with respect to the trajectory plane by an amount according to the data defining the trajectory plane ([0059], source and detector are positioned; Fig. 4);
(c) acquire a tomographic projection set in the acquisition plane ([0059], updated image data);
(d) reconstruct the tomographic projection data into an image aligned with the trajectory planes ([0039], reconstruction);
(e) display the image on the image display ([0031], image display); and
(f) repeat (c)-(e) during a probe insertion interval ([0059], update image data during tool insertion), further including a patient support (Fig. 1A, 60; and wherein the probe insertion trajectory provides a probe target location within the patient and with respect to the patient support ([0056], positioning based on patient support).
However, Gregerson fails to disclose wherein the tomographic control processor receives data indicating progress of the probe along the probe insertion trajectory and operates to change the tilt of the acquisition plane with respect to the trajectory plane as a functional of probe insertion depth, increasing the tilt between the rotational axis and a normal to the trajectory plane as the probe approaches the target.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record. Claim 6 is allowable by virtue of its dependency.
Regarding claim 10:
Gregerson discloses an x-ray imaging machine comprising:
an x-ray source ([0031], source) and x-ray detector ([0031], detector) opposed along an x-ray axis ([0031], source and detector are opposite from each other) and supported to orbit in opposition about a rotational axis to collect tomographic projection data with respect to an acquisition plane perpendicular to the rotational axis ([0031], source and detector rotate to get images), the tomographic projection data comprising measured x-ray attenuation along multiple rays over a range of rotational angles ([0031], source and detector rotate to get images);
an image display (Fig. 2A, 111); and
a tomography control processor ([0031], processor) receiving the tomographic projections data and operating to:
(a) receive data defining, within a trajectory plane, a probe insertion trajectory along which a probe will be inserted ([0045], trajectory);
(b) position the rotational axis of the x-ray source and x-ray detector to tilt the acquisition plane with respect to the trajectory plane by an amount according to the data defining the trajectory plane ([0059], source and detector are positioned; Fig. 4);
(c) acquire a tomographic projection set in the acquisition plane ([0059], updated image data);
(d) reconstruct the tomographic projection data into an image aligned with the trajectory planes ([0039], reconstruction);
(e) display the image on the image display ([0031], image display); and
(f) repeat (c)-(e) during a probe insertion interval ([0059], update image data during tool insertion).
However, Gregerson fails to disclose wherein the tomographic projection processor monitors the trajectory of the probe in an acquisition volume around the acquisition plane to adjust the angles of the image plane according to changes in the monitored trajectory during probe insertion.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record.
Regarding claim 14:
Gregerson discloses the method of claim 13.
However, Gregerson fails to disclose wherein the data describing the probe insertion trajectory includes a puncture point where a probe is to be inserted through skin of the patient and a target point for the probe tip and further including controlling the patient support and the tilt so that an acquisition volume around the acquisition plane subtends a distance between the puncture point and the target point.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Regarding claim 15:
Gregerson discloses the method of claim 13.
However, Gregerson fails to disclose wherein the rotational axis is positioned to be greater than 3° from a normal to the trajectory plane.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Regarding claim 16:
Gregerson discloses the method of claim 12, wherein the probe insertion trajectory provides a probe target location within a patient and with respect to the patient support ([0056], positioning based on patient support).
However, Gregerson fails to disclose further including receiving data indicating progress of the probe along the probe insertion trajectory and changing the tilt of the acquisition plane with respect to the trajectory plane as a function of probe insertion depth to increase the tilt between the rotational axis and a normal to the trajectory plane as the probe approaches the target.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim. Claim 17 is allowable by virtue of its dependency.
Regarding claim 20:
Gregerson discloses the method of claim 12.
However, Gregerson fails to disclose including monitoring the trajectory of the probe in an acquisition volume around the acquisition plane to adjust the angle of the image plane according to changes in the monitored trajectory during probe insertion.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm.
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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884