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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 4-11, 17-18, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The scope of claims 2, 4-11, and 20 are unclear. It is unclear what further method step is set forth. The claim fails to set forth additional steps or gerunds.
The scope of claim 17 is unclear. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 17 recites the broad recitation wherein the number varies as a function of angle, and the claim also recites between one and eight which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
The scope of claim 18 is unclear. It is unclear as to what further structure is set forth. The claim appears to merely recite intended use.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2, 4-11, 18, and 20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The claims fail to provide a further limit to the active steps set forth. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1, 3-11, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sachs et al. (US 2012/0328173).
With respect to claim 1, Sachs et al. discloses a method for SPECT imaging ([0001]) comprising acquiring a plurality of projection views of a scanned object using the SPECT imaging, the plurality of projection views including artifacts ([0045]-[0048]); configuring a reconstruction algorithm to reconstruct an image based on projection data of a first portion of pixels of each projection view of the plurality of project views, and ignore projection data of a second portion of pixels of each projection view of the plurality of projection views, the second portion of pixels including the artifacts ([0004]-[0007]; [0023]; [0050]-[0051]); reconstructing an image using the reconstruction algorithm ([0051]); and displaying the reconstructed image on a display device of the SPECT imaging system and/or storing the reconstructed image in a memory of the SPEC imaging system ([0052]).
With respect to claim 3, Sachs et al. discloses mask weighting the pixels to 0 ([0048]).
With respect to claim 4, Sachs et al. discloses pixels at a side of a projection view (i.e., “outside”; [0006]; outside FOV; [0007]).
With respect to claim 5, Sachs et al. discloses pixels outside a defined shape ([0006]).
With respect to claim 6, Sachs et al. discloses pixels ignored are fixed for the plurality of projection views (depends on region or organ of interest; [0047]).
With respect to claim 7, Sachs et al. discloses pixels ignored varies across the plurality of projection views (depends on region or organ of interest; [0047]).
With respect to claim 8, Sachs et al. discloses projection view varies as a function of sweep angle of a detector ([0032]).
With respect to claim 9, Sachs et al. discloses pixels ignored is retrieved from memory ([0027]; [0051]).
With respect to claim 10, Sachs et al. discloses artifacts ([0047]). The examiner interprets out of field sources to include photons detected by the detector which bypasses the shielding or collimation of the detector.
With respect to claim 11, Sachs et al. discloses wherein the artifacts are not visible in the reconstructed image (artifacts are eliminated; [0004]-[0005]; [0007]; [0023]).
With respect to claim 19, Sachs et al. discloses a method for SPECT imaging ([0001]) comprising acquiring a plurality of projection views of a scanned object using the SPECT imaging ([0045]-[0048]); determining a number of pixel columns of one or more projection views of the plurality of projection views in which an artifact is visible ([0044]); applying a mask to the one or more projection views to convert pixel intensity vales of the pixel columns to zero ([0048]); applying a reconstruction algorithm to the plurality of project views to reconstruct an image not including the artifact ([0051]); and displaying the reconstructed image on a display device of the SPECT imaging system and/or storing the reconstructed image in a memory of the SPEC imaging system ([0052]).
With respect to claim 20, Sachs et al. discloses projection view varies as a function of sweep angle of a detector ([0032]).
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.
Claim(s) 2, and 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sachs et al. (US 2012/0328173) in view of Ma et al. (US 2017/0105695).
With respect to claim 2, Sachs et al. discloses the subject matter substantially as claimed except for a plurality of detector heads. However, Ma et al. teaches in the same field of endeavor it is well known in the art for a plurality of detector heads may be used ([0022]). Therefore, it would have been obvious to one of ordinary skill in the art to have provided Sachs et al. with a plurality of detector heads as taught by Ma et al. as a duplication in parts is well within the skill level of one of ordinary skill in the art (MPEP 2144.04(VI)(B)).
With respect to claim 12, Sachs et al. discloses a controller (28) including memory (36) to cause the controller to: acquire a plurality of projection views of a scanned object using SPECT imaging ([0045]-[0048]); partially or completely remove artifacts generated in one or more projection views of the plurality of projection views, the artifacts caused by photons penetrating the shielding ([0004]-[0007]; [0023]; [0050]-[0051]; The examiner interprets out of field sources to include photons detected by the detector which bypasses the shielding or collimation of the detector); apply a reconstruction algorithm to the plurality of projection views to reconstruct an image ([0051]); and display the reconstructed image on a display device of the SPECT imaging system and/or storing the reconstructed image in the memory ([0052]). Sachs et al. discloses the subject matter substantially as claimed except for a plurality of detector heads. However, Ma et al. teaches in the same field of endeavor it is well known in the art for a plurality of detector heads may be used ([0022]). Therefore, it would have been obvious to one of ordinary skill in the art to have provided Sachs et al. with a plurality of detector heads as taught by Ma et al. as a duplication in parts is well within the skill level of one of ordinary skill in the art (MPEP 2144.04(VI)(B)).
With respect to claim 13, Sachs et al. discloses mask weighting the pixels to 0 ([0048]).
With respect to claim 14, Sachs et al. discloses pixels at a side of a projection view (i.e., “outside”; [0006]; outside FOV; [0007]).
With respect to claim 15, Sachs et al. discloses pixels ignored are fixed for the plurality of projection views (depends on region or organ of interest; [0047]).
With respect to claim 16-17, Sachs et al. discloses projection view varies as a function of sweep angle of a detector ([0032]). With respect to claim 17, the Examiner notes the number of ignored pixels varies based on the size of the region of interest.
With respect to claim 18, Sachs et al. disclose partially or completely removing artifacts ([0004]-[0007]; [0023]; [0050]-[0051]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER LUONG whose telephone number is (571)270-1609. The examiner can normally be reached M-F 9-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan T Nguyen can be reached at (571)272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER LUONG/Primary Examiner, Art Unit 3797
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