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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11896404B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending application provides limitations that are analogous and broader than the previously allowed patent:
Regarding claim 21, the prior patent teaches a system for medical imaging ([claim 1, col. 38 line 34] A system for medical imaging)
at least one storage device storing executable instructions ([claim 1, col. 38 line 35] at least one storage device storing executable instructions)
and at least one processor in communication with the at least one storage device, when executing the executable instructions, causing the system to perform operations ([claim 1, col. 38 lines 36-38] and at least one processor in communication with the at least one storage device, when executing the executable instructions, causing the system to perform operations)
including obtaining a plurality of channels of motion signals of a subject ([claim 1, col. 38 lines 39-40] obtaining a plurality of channels of electrocardiogram (EGG) signals of a heart of a subject; given that ECG is based on cardiac motion the ECG signal is considered to be analogous and narrower in scope than the claimed motion signal)
the plurality of channels of motion signals including a reference channel of motion signal ([claim 1, col. 38 lines 41-42] the plurality of channels of EGG signals includes a predetermined channel of EGG signal)
determining, based on the plurality of channels of motion signals, a target channel of motion signal ([claim 1, col. 38 lines 59-60] determining, from the plurality of channels of preprocessed EGG signals, the target channel of EGG signal)
switching the reference channel of motion signal to the target channel of motion signal in response to determining that the reference channel of motion signal does not satisfy a condition ([claim 1, col. 38 lines 52-54] switching the predetermined channel to the target channel when the predetermined channel of ECG signal is detected to be unavailable in a scan operation)
and obtaining, based on the switched channel of motion signal, image data of the subject ([claim 1, col. 38 lines 65-67] causing, based on the switched channel of EGG signal, an imaging device to perform the scan operation on the heart of the subject).
Regarding claim 22, the prior patent teaches the plurality of channels of motion signals are acquired by different modalities of motion detecting devices or acquired by a same motion detecting device in different sets of acquisition parameters ([claim 14, col. 40 lines 48-49] he plurality of channels of electrocardiogram (ECG) signals are detected by a multi-lead sensing device)
Regarding claim 23, the prior patent teaches one of the different modalities of motion detection devices include a contact motion detecting device or a non-contact motion detecting device (seeing as a contact or a non-contact motion detecting device encompasses any possible device, this claim is taught implicitly).
Regarding claim 24, the prior patent teaches the contact motion detecting device includes one of an ECG signal detector and an abdominal band ([claim 1, col 38 line 40] ECG signals of a heart of a subject).
Regarding claim 25, the prior patent teaches the non-contact motion detecting device includes one of an imaging sensor, a distance measurement sensor, a medical imaging scanner, and a motion sensor ([claim 1, col. 38 lines 66-67] an imaging device to perform the scan operation on the heart of the subject)
Regarding claim 26, the prior patent teaches the distance measurement sensor includes a millimeter-wave radar, the medical imaging scanner includes an ultrasound scanner, the motion sensor includes one of an optical fiber micro-deformation sensor and a piezoelectric film micro-deformation sensor ([col. 8 lines 43-49] the imaging device 110 may include a computed tomography (CT) device, an emission computed tomography (ECT) device, a magnetic resonance imaging (MRI) device, a positron emission tomography (PET) device, a single-photon emission computed tomography (SPECT) device, an ultrasound scanning device, an X-ray imaging device, a PET-CT device, or the like, or any combination thereof)
Regarding claim 27, the prior patent teaches the target channel of motion signal satisfies the condition ([claim 1, col. 38 lines 43-54] switching the predetermined channel to a target channel when the predetermined channel of EGG signal is detected to be unavailable in a scan operation, wherein the switching the predetermined channel to a target channel when the predetermined channel of ECG signal is detected to be unavailable in a scan operation includes; identifying, from the plurality of channels of ECG signals, the target channel of ECG signal; switching the predetermined channel to the target channel when the predetermined channel of ECG signal is detected to be unavailable in a scan operation).
Regarding claim 28, the prior patent teaches the reference channel of motion signal not satisfying a condition includes that an operation state of a motion detecting device for acquiring the reference channel of motion signal is abnormal ([claim 1, col. 38 lines 44-45] the predetermined channel of ECG signal is detected to be unavailable in a scan operation).
Regarding claim 29, the prior patent teaches the reference channel of motion signal not satisfying a condition includes that the reference channel of motion signal is detected to be unavailable ([claim 1, col. 38 lines 44-45] the predetermined channel of ECG signal is detected to be unavailable in a scan operation).
Regarding claim 30, the prior patent teaches identifying, from the plurality of channels of motion signals, the target channel of motion signal, the target channel of motion signal satisfying the condition ([claim 1, col. 38 lines 50-51] identifying, from the plurality of channels of ECG signals, the target channel of ECG signal)
Regarding claim 31, the prior patent teaches fusing the plurality of channels of motion signals to determine the target channel of motion signal ([claim 1, col 38 lines 57-63] wherein the identifying, from the plurality of channels of ECG signals, the target channel of EGG signal includes; performing a preprocessing operation on each of the plurality of channels of EG signals; and determining, from the plurality of channels of preprocessed EGG signals, the target channel of EGG signal; wherein an amplitude of a characteristic wave of the target channel of EGG signal is the maximum amplitude among amplitudes of corresponding characteristic waves of the plurality of channels of EGG signals)
Regarding claim 32, the prior patent teaches identifying, from the plurality of channels of motion signals, at least two channels of motion signals; and fusing the at least two channels of motion signals to determine the target channel of motion signal satisfying the condition ([claim 1, col 38 lines 57-63] wherein the identifying, from the plurality of channels of ECG signals, the target channel of EGG signal includes; performing a preprocessing operation on each of the plurality of channels of EG signals; and determining, from the plurality of channels of preprocessed EGG signals, the target channel of EGG signal; wherein an amplitude of a characteristic wave of the target channel of EGG signal is the maximum amplitude among amplitudes of corresponding characteristic waves of the plurality of channels of EGG signals).
Regarding claim 33, the prior patent teaches generating, based on the switched channel of motion signal, a gating signal; and obtaining the image data by causing, based on the gating signal, the imaging device to perform a scan operation on the subject ([claim 3, col. 39 lines 8-10] generating, based on the switched channel of motion signal, a gating signal; and obtaining the image data by causing, based on the gating signal, the imaging device to perform a scan operation on the subject).
Regarding claim 34, the prior patent teaches detecting the characteristic wave of the target channel of motion signal; and generating, based on the characteristic wave of the target channel of motion signal, the gating signal ([claim 4, col 39 lines 15-17] detecting the characteristic wave of the switched channel of ECG signal; and generating, based on the characteristic wave of the switched channel of ECG signal, the gating signal).
Regarding claim 35, the prior patent teaches determining one or more target time periods from a motion cycle of the subject for acquiring the switched channel of motion signal based on the target channel of motion signal; and determining the gating signal based on the one or more target time periods ([claim 5, col. 39 lines 22-34] determining, based at least in part on the plurality of channels of ECG signals, a heart disorder of the heart; and determining, based on the heart disorder of the heart, a target time phase; determining, based on the target time phase, a gating delay and a gating width; and the causing, based on the gating signal, the imaging device to perform the scan operation on the heart of the subject includes: causing, based on the gating signal, the gating delay, and the gating width, the imaging device to perform the scan operation on the heart of the subject).
Regarding claim 36, the prior patent teaches determining, based at least in part on the plurality of channels of motion signals, a disorder of the subject; and determining, based on the disorder of the subject, a target time phase; determining, based on the target time phase, a gating delay and a gating width; and the causing, based on the gating signal, the imaging device to perform the scan operation on the subject includes: causing, based on the gating signal, the gating delay, and the gating width, the imaging device to perform the scan operation on the subject ([claim 5, col. 39 lines 22-34] determining, based at least in part on the plurality of channels of ECG signals, a heart disorder of the heart; and determining, based on the heart disorder of the heart, a target time phase; determining, based on the target time phase, a gating delay and a gating width; and the causing, based on the gating signal, the imaging device to perform the scan operation on the heart of the subject includes: causing, based on the gating signal, the gating delay, and the gating width, the imaging device to perform the scan operation on the heart of the subject).
Regarding claim 37, the prior patent teaches obtaining scan data generated in a scan operation; obtaining, from the switched channel, a target motion signal monitored during the scan operation; and reconstructing one or more images based on the scan data and the target motion signal ([claim 9, col. 40 lines 1-6] obtaining scan data generated in the scan operation; obtaining, from the switched channel, a second ECG signal monitored during the scan operation; and reconstructing a cardiac image based on the scan data and the second ECG signal).
Regarding claim 39, the prior patent teaches obtaining a plurality of channels of second motion signals monitored during a scan operation; determining, based on the second motion signals, an updated target channel of motion signal; and operating, based on the updated target channel of motion signal, an imaging device to perform a scan operation on the subject ([claim 11, col. 40 lines 21-29] determining, based at least in part on the second ECG signals, a heart disorder of the heart; determining, based on the heart disorder of the heart, a target time phase; determining, from the scan data, target scan data corresponding to the target time phase; and reconstructing, based on the target scan data, the cardiac image).
Regarding claim 40, the prior patent teaches a method implemented on a computing device having one or more processors and a computer-readable storage medium ([claim 1, col. 38 lines 37-39] at least one storage device storing executable instructions, and at least one processor in communication with the at least one storage device)
at least one storage device storing executable instructions, and at least one processor in communication with the at least one storage device, when executing the executable instructions, causing the system to perform operations including ([claim 1, col. 38 lines 37-39] at least one storage device storing executable instructions, and at least one processor in communication with the at least one storage device causing the system to perform operations including)
including obtaining a plurality of channels of motion signals of a subject ([claim 1, col. 38 lines 39-40] obtaining a plurality of channels of electrocardiogram (EGG) signals of a heart of a subject; given that ECG is based on cardiac motion the ECG signal is considered to be analogous and narrower in scope than the claimed motion signal)
the plurality of channels of motion signals including a reference channel of motion signal ([claim 1, col. 38 lines 41-42] the plurality of channels of EGG signals includes a predetermined channel of EGG signal)
determining, based on the plurality of channels of motion signals, a target channel of motion signal ([claim 1, col. 38 lines 59-60] determining, from the plurality of channels of preprocessed EGG signals, the target channel of EGG signal)
switching the reference channel of motion signal to the target channel of motion signal in response to determining that the reference channel of motion signal does not satisfy a condition ([claim 1, col. 38 lines 52-54] switching the predetermined channel to the target channel when the predetermined channel of ECG signal is detected to be unavailable in a scan operation)
and obtaining, based on the switched channel of motion signal, image data of the subject ([claim 1, col. 38 lines 65-67] causing, based on the switched channel of EGG signal, an imaging device to perform the scan operation on the heart of the subject).
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.
Claim 28 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 term “abnormal” in claim 28 is a relative term which renders the claim indefinite. The term “abnormal” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of this office action, any channel that satisfies every other condition required by the claims will be considered ‘normal’ or ‘abnormal’ in context.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 21-28 and 30-39 are rejected under 35 U.S.C. 103 as being unpatentable over Tereschouk (US 6358214 B1) in view of Hao (US 20190139275 A1) and O’Neill (US 20160310037 A1).
Regarding claim 21, Tereschouk teaches a system for medical imaging ((col. 4 lines 33-36) A cardiac imaging system for non-invasively visualizing electric processes in the heart by matching heart structures of a patient with electric signals originating therefrom)
obtaining a plurality of channels of motion signals of a subject ((col. 5 lines 15-17) An ECG scanner is a cardiac diagnostic instrument for scanning the three-dimensional space formed by a plurality of ECG leads)
the plurality of channels of motion signals including a reference channel of motion signal and determining, based on the plurality of channels of motion signals, a target channel of motion signal ((col. 13 lines 46-51) An automated ECG scanner can: measure voltage in a synthesized lead of an arbitrary direction and find a synthesized lead with the highest (or lowest) voltage at a particular moment of a cardiac cycle)
and obtaining image data of the subject ((col. 13 line 54) forming basis for topical ECG diagnosis).
Tereschouk fails to teach at least one storage device storing executable instructions, and at least one processor in communication with the at least one storage device, when executing the executable instructions, causing the system to perform operations and switching the reference channel of motion signal to the target channel of motion signal in response to determining that the reference channel of motion signal does not satisfy a condition.
However, Hao teaches at least one storage device storing executable instructions ([0010] an imaging device may include at least one storage device including a set of instructions) and at least one processor in communication with the at least one storage device, when executing the executable instructions, causing the system to perform operations ([0010] and at least one processor in communication with the at least one storage device).
Tereschouk and Hao are considered analogous because both disclose imaging methods utilizing ECG signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include a storage device that communicates with a processor that directs the device to perform specified functions.
Tereschouk in view of Hao fails to teach switching the reference channel of motion signal to the target channel of motion signal in response to determining that the reference channel of motion signal does not satisfy a condition.
However, O’Neill teaches switching the reference channel of motion signal to the target channel of motion signal in response to determining that the reference channel of motion signal does not satisfy a condition ([0040] The scoring units 70 score each detected ECG lead signal in parallel steps or modules 94, 96. Each lead signal is scored. The leads can be scored on multiple criteria, such as signal quality for display on a patient monitor, signal quality for triggering or gating, signal quality during application of an MR gradient applied in one or more selected directions. The selection unit 72 selects one or more of the scored ECG lead signals in a decision step or module 98).
Tereschouk as modified and O’Neill are considered analogous because both disclose methods utilizing ECG. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to utilize a scoring algorithm to select the best channel to perform imaging from in order to eliminate the need for manual selection (O’Neill [0006]).
Regarding claim 22, Tereschouk teaches the plurality of channels of motion signals are acquired by different modalities of motion detecting devices or acquired by a same motion detecting device in different sets of acquisition parameters ([abst] An automated ECG scanner includes: a device for systematically combining original ECG leads; a device for controlling parameters of combining ECG leads; a device for adjusting for a particular patient parameters of combining ECG leads; a device for analyzing electric signals of synthesized ECG leads; and a device for visualizing electric signals and positions of synthesized ECG leads)
Regarding claim 23, Tereschouk teaches one of the different modalities of motion detection devices include a contact motion detecting device or a non-contact motion detecting device (seeing as a contact or a non-contact motion detecting device encompasses any possible device, this claim is taught implicitly).
Regarding claim 24, Tereschouk teaches the contact motion detecting device includes one of an ECG signal detector and an abdominal band ([abst] An automated ECG scanner includes: a device for systematically combining original ECG leads; a device for controlling parameters of combining ECG leads; a device for adjusting for a particular patient parameters of combining ECG leads; a device for analyzing electric signals of synthesized ECG leads; and a device for visualizing electric signals and positions of synthesized ECG leads).
Regarding claim 25, Tereschouk teaches the non-contact motion detecting device includes one of an imaging sensor, a distance measurement sensor, a medical imaging scanner, and a motion sensor ((col. 5 line 44) optical sensors).
Regarding claim 26, Tereschouk does not explicitly teach the distance measurement sensor includes a millimeter-wave radar, the medical imaging scanner includes an ultrasound scanner, the motion sensor includes one of an optical fiber micro-deformation sensor and a piezoelectric film micro-deformation sensor. However, claim 25 on which claim 26 depends on allows for either an imaging sensor, a medical imaging scanner, a distance measurement sensor, or a motion sensor and not all of these different types of sensors. Seeing as Tereschouk teaches the imaging sensor, none of these additional sensor types are required to reject the claim.
Regarding claim 27 Tereschouk fails to teach the target channel of motion signal satisfies the condition.
However, O’Neill teaches the target channel of motion signal satisfies the condition ([0040] The scoring units 70 score each detected ECG lead signal in parallel steps or modules 94, 96. Each lead signal is scored. The leads can be scored on multiple criteria, such as signal quality for display on a patient monitor, signal quality for triggering or gating, signal quality during application of an MR gradient applied in one or more selected directions. The selection unit 72 selects one or more of the scored ECG lead signals in a decision step or module 98).
Tereschouk as modified and O’Neill are considered analogous because both disclose methods utilizing ECG. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to select a target channel that satisfies the condition of having the highest signal quality in order to eliminate the need for manual selection (O’Neill [0006]).
Regarding claim 28, Tereschouk fails to teach the reference channel of motion signal not satisfying a condition includes that an operation state of a motion detecting device for acquiring the reference channel of motion signal is abnormal.
However, O’Neill teaches the reference channel of motion signal not satisfying a condition includes that an operation state of a motion detecting device for acquiring the reference channel of motion signal is abnormal ([0040] The scoring units 70 score each detected ECG lead signal in parallel steps or modules 94, 96. Each lead signal is scored. The leads can be scored on multiple criteria, such as signal quality for display on a patient monitor, signal quality for triggering or gating, signal quality during application of an MR gradient applied in one or more selected directions. The selection unit 72 selects one or more of the scored ECG lead signals in a decision step or module 98).
Tereschouk as modified and O’Neill are considered analogous because both disclose methods utilizing ECG. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to select disregard a channel as being ‘abnormal’ in the sense that it scores lower than a different channel in order to eliminate the need for manual selection (O’Neill [0006]).
Regarding claim 30, Tereschouk fails to teach identifying, from the plurality of channels of motion signals, the target channel of motion signal, the target channel of motion signal satisfying the condition.
However, O’Neill teaches identifying, from the plurality of channels of motion signals, the target channel of motion signal, the target channel of motion signal satisfying the condition ([0040] The scoring units 70 score each detected ECG lead signal in parallel steps or modules 94, 96. Each lead signal is scored. The leads can be scored on multiple criteria, such as signal quality for display on a patient monitor, signal quality for triggering or gating, signal quality during application of an MR gradient applied in one or more selected directions. The selection unit 72 selects one or more of the scored ECG lead signals in a decision step or module 98).
Tereschouk as modified and O’Neill are considered analogous because both disclose methods utilizing ECG. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to select a target channel that satisfies the condition of having the highest signal quality in order to eliminate the need for manual selection (O’Neill [0006]).
Regarding claim 31, Tereschouk teaches fusing the plurality of channels of motion signals to determine the target channel of motion signal ((col. 6 lines 29-34) systematically combining original ECG leads that have known spatial positions into an array of synthesized ECG leads that have arbitrary spatial positions. FIG. 4 presents a block diagram of an automated ECG scanner).
Regarding claim 32, Tereschouk teaches identifying, from the plurality of channels of motion signals, at least two channels of motion signals and fusing the at least two channels of motion signals ((col. 6 lines 29-34) systematically combining original ECG leads that have known spatial positions into an array of synthesized ECG leads that have arbitrary spatial positions. FIG. 4 presents a block diagram of an automated ECG scanner).
Tereschouk fails to teach determine the target channel of motion signal satisfying the condition.
However, O’Neill teaches determine the target channel of motion signal satisfying the condition ([0040] The scoring units 70 score each detected ECG lead signal in parallel steps or modules 94, 96. Each lead signal is scored. The leads can be scored on multiple criteria, such as signal quality for display on a patient monitor, signal quality for triggering or gating, signal quality during application of an MR gradient applied in one or more selected directions. The selection unit 72 selects one or more of the scored ECG lead signals in a decision step or module 98).
Tereschouk as modified and O’Neill are considered analogous because both disclose methods utilizing ECG. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to select a target channel that satisfies the condition of having the highest signal quality in order to eliminate the need for manual selection (O’Neill [0006]).
Regarding claim 33, Tereschouk fails to teach generating, based on the switched channel of motion signal, a gating signal; and obtaining the image data by causing, based on the gating signal, the imaging device to perform a scan operation on the subject.
However, Hao teaches generating, based on the switched channel of motion signal, a gating signal; and obtaining the image data by causing, based on the gating signal, the imaging device to perform a scan operation on the subject ([0020] The at least one processor may determine whether to trigger a search gate based on the filtered ECG signal, wherein the search gate being an instruction for detecting an R-wave on the original ECG signal. The at least one processor may detect the R-wave on the original ECG signal in response to a determination of triggering the search gate).
Tereschouk and Hao are considered analogous because both disclose imaging methods utilizing ECG signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to generate a signal that indicates a temporal gate during which time to direct the imaging device to perform a scan of the heart.
Regarding claim 34, Tereschouk fails to teach detecting the characteristic wave of the target channel of motion signal; and generating, based on the characteristic wave of the target channel of motion signal, the gating signal.
However, Hao teaches detecting the characteristic wave of the target channel of motion signal; and generating, based on the characteristic wave of the target channel of motion signal, the gating signal ([0020] The at least one processor may determine whether to trigger a search gate based on the filtered ECG signal, wherein the search gate being an instruction for detecting an R-wave on the original ECG signal. The at least one processor may detect the R-wave on the original ECG signal in response to a determination of triggering the search gate).
Tereschouk and Hao are considered analogous because both disclose imaging methods utilizing ECG signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to generate a signal that indicates a temporal gate during which time to direct the imaging device to perform a scan of the heart.
Regarding claim 35, Tereschouk fails to teach determining one or more target time periods from a motion cycle of the subject for acquiring the switched channel of motion signal based on the target channel of motion signal; and determining the gating signal based on the one or more target time periods.
However, Hao teaches determining one or more target time periods from a motion cycle of the subject for acquiring the switched channel of motion signal based on the target channel of motion signal; and determining the gating signal based on the one or more target time periods ([0079] the scan control unit 608 may determine a starting time of each scan based on the detected R-wave)
Tereschouk and Hao are considered analogous because both disclose imaging methods utilizing ECG signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to measure a temporal delay between actions as a means to determine an appropriate search gate which will further instruct the imaging device when to perform a scan.
Regarding claim 36, Tereschouk teaches determining, based at least in part on the plurality of channels of motion signals, a disorder of the subject ((col. 15 lines 50-65) An ECG scanner could be designed as a separate diagnostic instrument or as a part of an electrocardiograph, ECG monitor, or a system for ECG stress testing to improve their diagnostic capabilities. Without ECG scanning much useful information that could be derived from the conventional 12-lead ECG or VCG is lost. ECG scanning has considerable advantages over and can enhance or substitute for the conventional 12-lead ECG, VCG, and BSPM, and effectively supplement any cardiac investigation. ECG scanning is easy to use, does not require much extra training for physicians, and is relatively inexpensive. It is promising in ischemia, infarction, ventricular preexcitation, arrhythmia, conduction blocks, and other disorders. Matching morphological and electrophysiological changes in the heart with the help of ECG scanning is of a particular diagnostic interest)
Tereschouk fails to teach determining a target time phase; determining, based on the target time phase, a gating delay and a gating width; and the causing, based on the gating signal, the imaging device to perform the scan operation on the subject includes causing, based on the gating signal, the gating delay, and the gating width, the imaging device to perform the scan operation on the subject.
However, Hao teaches determining a target time phase; determining, based on the target time phase, a gating delay and a gating width; and the causing, based on the gating signal, the imaging device to perform the scan operation on the subject includes causing, based on the gating signal, the gating delay, and the gating width, the imaging device to perform the scan operation on the subject ([0079] the scan control unit 608 may determine a starting time of each scan based on the detected R-wave. Upon occurrence of the R-wave, the scan control unit 608 may count a delay time. After the delay time, the scan control unit 608 may send an instruction to the CT device for operating the CT device to begin the scan; [0158] the delay time may be determined based on an R-R interval. The delay time may include a certain time (e.g., a certain phase of the R-R interval). The certain phase of the R-R interval is specified by using the imaging device system 100; [0070] The imaging window may indicate a width of the first reconstruction phase, for example, the width is equal to 10% R-R).
Tereschouk and Hao are considered analogous because both disclose imaging methods utilizing ECG signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to measure a temporal delay between actions as a means to determine an appropriate search gate which will further instruct the imaging device when to perform a scan.
Regarding claim 37, Tereschouk fails to teach obtaining scan data generated in a scan operation; obtaining, from the switched channel, a target motion signal monitored during the scan operation; and reconstructing one or more images based on the scan data and the target motion signal.
However, Hao teaches obtaining scan data generated in the scan operation ([0087] capture the scan data)
obtaining, from the switched channel, a target motion signal monitored during the scan operation ([0005] the one or more processors may determine second scan data associated with the pulsatile artifact)
and reconstructing one or more images based on the scan data and the target motion signal ([abst] reconstructing the cardiac image based on the scan data and the second time period).
Tereschouk and Hao are considered analogous because both disclose imaging methods utilizing ECG signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use retrospective ECG gating in order to perform a scan of the heart which will generate a plurality of sets of scan data that will be used to reconstruct a cardiac image.
Regarding claim 38, Tereschouk fails to teach determining one or more target time periods from a period of the subject for acquiring the target motion signal based on the target motion signal; determining target scan data from the scan data based on the one or more target time periods; and reconstructing one or more images based on the target scan data.
However, Hao teaches determining one or more target time periods from a period of the subject for acquiring the target motion signal based on the target motion signal; determining target scan data from the scan data based on the one or more target time periods; and reconstructing one or more images based on the target scan data ([0079] the scan control unit 608 may determine a starting time of each scan based on the detected R-wave. Upon occurrence of the R-wave, the scan control unit 608 may count a delay time. After the delay time, the scan control unit 608 may send an instruction to the CT device for operating the CT device to begin the scan; [0158] the delay time may be determined based on an R-R interval. The delay time may include a certain time (e.g., a certain phase of the R-R interval). The certain phase of the R-R interval is specified by using the imaging device system 100; [0070] The imaging window may indicate a width of the first reconstruction phase, for example, the width is equal to 10% R-R).
Tereschouk and Hao are considered analogous because both disclose imaging methods utilizing ECG signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to measure a temporal delay between actions as a means to determine an appropriate search gate which will further instruct the imaging device when to perform a scan.
Regarding claim 39, Tereschouk fails to teach obtaining a plurality of channels of second motion signals monitored during a scan operation; determining, based on the second motion signals, an updated target channel of motion signal; and operating, based on the updated target channel of motion signal, an imaging device to perform a scan operation on the subject.
However, O’Neill teaches obtaining a plurality of channels of second motion signals monitored during a scan operation; determining, based on the second motion signals, an updated target channel of motion signal; and operating, based on the updated target channel of motion signal, an imaging device to perform a scan operation on the subject ([0040] The scoring units 70 score each detected ECG lead signal in parallel steps or modules 94, 96. Each lead signal is scored. The leads can be scored on multiple criteria, such as signal quality for display on a patient monitor, signal quality for triggering or gating, signal quality during application of an MR gradient applied in one or more selected directions. The selection unit 72 selects one or more of the scored ECG lead signals in a decision step or module 98).
Tereschouk as modified and O’Neill are considered analogous because both disclose methods utilizing ECG. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to utilize a scoring algorithm to select the best channel to perform imaging from in order to eliminate the need for manual selection (O’Neill [0006]).
Regarding claim 40, Tereschouk teaches obtaining a plurality of channels of motion signals of a subject ((col. 5 lines 15-17) An ECG scanner is a cardiac diagnostic instrument for scanning the three-dimensional space formed by a plurality of ECG leads)
the plurality of channels of motion signals including a reference channel of motion signal and determining, based on the plurality of channels of motion signals, a target channel of motion signal ((col. 13 lines 46-51) An automated ECG scanner can: measure voltage in a synthesized lead of an arbitrary direction and find a synthesized lead with the highest (or lowest) voltage at a particular moment of a cardiac cycle)
and obtaining image data of the subject ((col. 13 line 54) forming basis for topical ECG diagnosis).
Tereschouk fails to teach at least one storage device storing executable instructions, and at least one processor in communication with the at least one storage device, when executing the executable instructions, causing the system to perform operations and switching the reference channel of motion signal to the target channel of motion signal in response to determining that the reference channel of motion signal does not satisfy a condition.
However, Hao teaches at least one storage device storing executable instructions ([0010] an imaging device may include at least one storage device including a set of instructions) and at least one processor in communication with the at least one storage device, when executing the executable instructions, causing the system to perform operations ([0010] and at least one processor in communication with the at least one storage device).
Tereschouk and Hao are considered analogous because both disclose imaging methods utilizing ECG signals. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include a storage device that communicates with a processor that directs the device to perform specified functions.
Tereschouk in view of Hao fails to teach switching the reference channel of motion signal to the target channel of motion signal in response to determining that the reference channel of motion signal does not satisfy a condition.
However, O’Neill teaches switching the reference channel of motion signal to the target channel of motion signal in response to determining that the reference channel of motion signal does not satisfy a condition ([0040] The scoring units 70 score each detected ECG lead signal in parallel steps or modules 94, 96. Each lead signal is scored. The leads can be scored on multiple criteria, such as signal quality for display on a patient monitor, signal quality for triggering or gating, signal quality during application of an MR gradient applied in one or more selected directions. The selection unit 72 selects one or more of the scored ECG lead signals in a decision step or module 98).
Tereschouk as modified and O’Neill are considered analogous because both disclose methods utilizing ECG. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to utilize a scoring algorithm to select the best channel to perform imaging from in order to eliminate the need for manual selection (O’Neill [0006]).
Allowable Subject Matter
Claim 29 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 subject matter of claim 29 regarding to switching a target channel in response to a different target channel being unavailable is the subject matter than pushed the parent case to allowance. Furthermore, the scoring scheme for switching channels in the above cited O’Neill reference does not disclose a scenario where one of the channels is entirely unavailable.
Conclusion
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/GABRIEL VICTOR POPESCU/Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798