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 § 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.
Claims 24-27, 29-30, 32, 34-35, 37, 39-42, 46, 47, and 50 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deschamps et al. (2008/0275336).
Regarding independent claim 24, Deschamps discloses a system, comprising:
an imaging device including an X-ray source and a detector, wherein the X- ray source includes a high voltage generator and a tube (Deschamps, source 30); a terminal, in communication with the high voltage generator and the tube, configured to transmit a control signal (Deschamps, controller 50);
and an exposure synchronization module configured to synchronize the high voltage generator and the detector based on the control signal (Deschamps, [0016]), wherein the imaging device is configured to generate image data by imaging a subject based on the control signal and synchronization between the high voltage generator and the detector (Deschamps, [0016]).
Regarding independent claim 47, Deschamps discloses a terminal, comprising: a storage device configured to store at least one imaging protocol; an interface configured to generate a control signal based on a selected imaging protocol from the at least one imaging protocol; and a transceiver, the transceiver being configured to: transmit the control signal to an imaging device; and obtain image data associated with a subject, wherein the interface configured to display the image data. (Deschamps, controller 50, [0016])
Regarding independent claim 50, Deschamps discloses a method implemented on a computing device having one or more processors and one or more storage devices, the method comprising: transmitting, by a terminal, a control signal to an imaging device, wherein the imaging device includes an X-ray source and a detector, the X-ray source includes a high voltage generator and a tube; performing, by an exposure synchronization module, a synchronization operation on the high voltage generator and the detector based on the control signal; and generating, by the imaging device, image data based on the control signal and synchronization between the high voltage generator and the detector. (Deschamps, [0016])
Regarding claim 25, Deschamps further discloses a first transceiver, wherein the first transceiver is configured to transmit the control signal and receive information from at least one of the high voltage generator or the tube; a second transceiver, wherein the second transceiver is configured to transmit second information of the high voltage generator, and receive third information from at least one of the terminal or the tube; and a third transceiver, wherein the third transceiver is configured to transmit fourth information of the detector, and receive fifth information from at least one of the terminal or the high voltage generator. (Deschamps, [0016], “wireless communications” between source, detector, and controller requires the inclusion of the claimed transceivers.)
Regarding claim 26, Deschamps further discloses the terminal is configured to obtain, process, and transmit the image data. (Deschamps, [0016])
Regarding claim 27, Deschamps further discloses the terminal is configured to obtain a status of the detector or a status of the high voltage generator. (Deschamps, [0016])
Regarding claim 29, Deschamps further discloses a voice processing device configured to receive a first voice signal from or transmit a second voice signal to the subject when the subject is positioned within the imaging device, wherein the terminal is configured to receive a third voice signal from or transmit a fourth voice signal to a user. (Deschamps, [0018], “voice control” as input device)
Regarding claim 30, Deschamps further discloses an image capture device configured to capture an image representing a status of the subject when the subject is positioned within the imaging device. (Deschamps, [0019], “convert a sequence of acquired two-dimensional images of the cardiac tissue of the patient into a display illustrative of a map of measured values of functional parameters of an anatomical structure of interest of the imaged subject”)
Regarding claim 32, Deschamps further discloses a storage device, in communication with the terminal, configured to store sixth information including or relating to at least one of the first voice signal, the second voice signal, the third voice signal, the fourth voice signal, or a recorded voice signal, wherein the terminal is configured to transmit at least a portion of the information stored in the storage device to at least one of the subject or the user. (Deschamps, memory 65)
Regarding claim 34, Deschamps further discloses the voice processing device is mounted on the imaging device. (Deschamps, [0016], [0018])
Regarding claim 35, Deschamps further discloses the terminal includes a second voice processing device. (Deschamps, [0016], [0018])
Regarding claim 37, Deschamps further discloses the terminal is configured to receive an instruction provided by a user for controlling the imaging of the subject by the imaging device. (Deschamps, [0016], [0018])
Regarding claim 39, Deschamps further discloses the terminal includes a movement control unit, the movement control unit being configured to transmit to the imaging device a second command for controlling a movement of at least one component of the imaging device. (Deschamps, [0016], control of the gantry 40)
Regarding claim 40, Deschamps further discloses the terminal is removably attached to the imaging device. (Deschamps, [0016])
Regarding claim 41, Deschamps further discloses the terminal is a portable tablet. (Deschamps, [0018])
Regarding claim 42, Deschamps further discloses the imaging device is an X-ray imaging device, a mobile digital radiography (DR), or a C-arm device. (Deschamps, [0016])
Regarding claim 46, Deschamps further discloses a picture archiving and communication system (PACS), wherein: at least one of the imaging device, or the terminal is further configured to communicate with the PACS. (Deschamps, [0016])
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.
Claim(s) 28, 33, and 38 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Deschamps.
Regarding claim 28, Deschamps discloses the controller performing imaging and control using standard software. (Deschamps, [0017]) the status of the detector, including at least one of a connection status, a readiness status, power information, temperature information, or an error information, is almost certainly inherent in that control system, as without access to connection status and/or power information the device cannot operate.
Regarding claim 33, Deschamps discloses voice control for the controller. Deschamps, [0018]) A microphone of some type to capture sound is therefore inherent in the teaching of Deschamps. Alternatively, if inherency cannot be established, a microphone is an obvious means of capturing audio for voice control, and a speaker is an obvious means for sound output.
Regarding claim 38, exposure is a fundamental imaging variable, and is either inherent in Deschamps, as an imager without exposure control will not properly function, or obvious, in that exposure control is necessary to prevent either under- or over-saturated images.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN C GUNBERG whose telephone number is (571)270-3107. The examiner can normally be reached Monday-Friday, 8:30AM-5:00PM.
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/EDWIN C GUNBERG/Primary Examiner, Art Unit 2884
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