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
Applicant’s response to the last office action, filed February 3, 2026 has been entered and made of record. Claims 1, 22, 24, 47 have been amended; claims 21 and 23 have been cancelled; claims 11-12, 15-17, and 25-46 were previously cancelled; and claims 48-49 are newly added. By this amendment, claims 1-10, 13-14, 18-20, 24, and 47-48 are currently pending in this application.
Response to Arguments
Applicant’s arguments with respect to claims 1-10, 13-14, 18-20, 24, and 47-48 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-2, 22, and 48-49 are rejected under 35 U.S.C. 103 as being unpatentable over Koehler et al, (US-PGPUB 20220122247) in view of Yamaguchi et al, (US-PGPUB 20120059239)
In regards to claim 1, Koehler discloses a system, (see at least: Fig. 1, and Par.
0001, “system”), for image processing, comprising:
at least one storage device including a set of instructions, (Par. 0035, storage unit); and at least one processor in communication with the at least one storage device, wherein when executing the set of instructions, the at least one processor is directed to cause the system to perform operations, (see at least: Par. 0027, “computer controlling the system implicitly comprises a memory and processor connected to memory), including:
obtaining, from a first image set of a subject acquired at a first time point, a first image, (see at least: Fig. 1, and Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, for different times. Further, Par. 0034, the medical imaging system, being a CT system 120, is adapted to acquire a first image of the lung of the patient 110 during an inhalation state of the lung, [i.e., obtaining, from a first image set of a subject acquired at a first time point, “during an inhalation state of the lung implicitly at first time”, a first image, “first image of the lung of the patient 110”]);
obtaining, from a second image set of the subject acquired at a second time point, a second image, (see at least: Par. 0034, the CT system 120 is adapted to acquire a second image of the lung of the patient 110 during an exhalation state, [i.e., obtaining, from a second image set of the subject acquired at a second time point, “during an exhalation state implicitly at different time”, a second image, “a second image of the lung of the patient 110”]), wherein the first image and the second image correspond to a same region of the subject, (see at least: Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, [i.e., “implicitly providing first and second image of the same region of interest”]);
determining a displacement vector field based on the first image and the second image, (see at least: Par. 0035, the registration unit 102 is adapted to automatically register the first and the second image, based structural characteristics of the lung, and determining a displacement vector, based on registration, [i.e., determining a displacement vector field, “displacement vector”, based on the first image and the second image, “based on registering the first and second image”).
generating a target image based on the displacement vector field, the first image set and the second image set, (see at least: Par. 0036, specific tissue determination unit 103 is in this embodiment then adapted to determine a specific tissue region in at least one of the first image and the second image, [i.e., generating a target image, “specific tissue region”, based on the displacement vector field, “implicitly based on the displacement vector determined by registration unit 102”, the first image set and the second image set, “in at least one of the first image and the second image”]).
Koehler does not expressly disclose wherein the first image set corresponds to a first region of the subject, the second image set corresponds to a second region of the subject, the first region is different from the second region, and an overlapping region exists between the first region and the second region.
However, Yamaguchi discloses wherein the first image set corresponds to a first region of the subject, the second image set corresponds to a second region of the subject, the first region is different from the second region, and an overlapping region exists between the first region and the second region, (see at least: Fig. 2, par. 0110, sequentially imaging adjacent areas N1, N2, . . . of the subject N in the individual imaging operations to provide pieces of image data representing partial radiographic images used to form an image of the entire subject N, … and combining the thus obtained radiographic images to provide a long-length radiographic image, which represents a major part of the subject N. , [i.e., implicitly providing first image sequence (set), corresponding to a first region N1 of the subject N, and a second image sequence (set), corresponding to a second region N2 of the subject N, …; where the first and second region N1 and N2 of the subject N, are implicitly different]; and from Fig. 2, par. 0116, the local motion vector calculation unit 34 calculates an amount of local movement, (due to a body motion of the subject N), in overlapping areas K1 and K2 of two adjacent radiographic images S1 and S2 by applying template matching, [i.e., an overlapping region implicitly exists between the first region k1 and the second region k2]).
Koehler and Yamaguchi are combinable because they are both concerned with subject based medical imaging. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Koehler, to use the local motion vector calculation unit, as though by Yamaguchi, in order to an amount of local movement, in the overlapping areas, (Yamaguchi, 0116)
In regards to claim 2, the combine teaching Koehler and Yamaguchi as whole discloses the limitations of claim 1.
Koehler further discloses wherein the determining a displacement vector field includes: registering the first image and the second image to obtain the displacement vector field, (see at least: Par. 0035, the registration unit 102 is adapted to automatically register the first and the second image)
In regards to claim 22, the combine teaching Koehler and Yamaguchi as whole discloses the limitations of claim 1.
Koehler further discloses wherein the first image and the second image are 2D images and the displacement vector field is a 2D displacement vector field, or the first image and the second image are 3D images and the displacement vector field is a 3D displacement vector field, (see at least: Par. 0020, If the provided images refer to 2D images, the displacement vector is preferably a two-dimensional vector indicating the displacement of the respective voxel in two directions)
In regards to claim 48, the combine teaching Koehler and Yamaguchi as whole discloses the limitations of claim 1.
Yamaguchi further discloses wherein the first image set and the second image correspond to the same region of the subject including: both the first image and the second image correspond to the overlapping region, (see at least: Par. 0002, a plurality of radiographic images obtained by carrying out a plurality of imaging operations with respect to the same subject; and from Par. 0019, "at least partially overlapping" refers not only to the case where the radiographic images partially overlap with one another, but also refers to the case where the radiographic images entirely overlap with one another, [i.e., both the first image and the second image correspond to the overlapping region, “images entirely overlap”]).
In regards to claim 49, the combine teaching Koehler and Yamaguchi as whole discloses the limitations of claim 1.
generating a registered target image set, and generating a target CT image without CT misalignment based on the target image set, (see at least: Par. 0019, radiographic images entirely overlap with one another; and from Par. 0150, combining the radiographic images, … , by joining the images to generate a combined image C1, “registered target image set”, [i.e., generating a registered target image set, “joining the images to generate a combined image C1”, and generating a target CT image without CT misalignment based on the target image set, “implicit by entirely overlapping the radiographic images with one another”]).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Koehler and Yamaguchi et al, as applied to claim 1 above; and further in view of Manhart, (US-PGPUB 20220156904)
In regards to claim 3, the combine teaching Koehler and Yamaguchi as whole discloses the limitations of claim 1.
The combine teaching Koehler and Yamaguchi as whole does not expressly disclose wherein the generating a target image based on the displacement vector field, the first image set and the second image set includes: obtaining at least one of a processed first image set or a processed second image set based on the displacement vector field; and generating the target image based on at least one of the processed first image set or the processed second image set
Manhart discloses wherein the generating a target image based on the displacement vector field, the first image set and the second image set includes: obtaining at least one of a processed first image set or a processed second image set based on the displacement vector field; and generating the target image based on at least one of the processed first image set or the processed second image set, (see at least: Par. 0050, registering the image regions of the at least one second image data set with the respective corresponding image regions of the first image data sets may include motion correction, where the registration may be based on anatomical and/or geometric features and/or a marker object which may be mapped in the first image data sets and/or the at least one second image data set, and/or metadata, [i.e., implicitly obtaining at least one of a processed first image set or a processed second image set, “obtaining anatomical and/or geometric features and/or a marker object mapped in the first image data sets and/or the at least one second image data set”, based on the displacement vector field, “based on registering the image regions of the at least one second image data set with the respective corresponding image regions of the first image data sets); and
generating the target image based on at least one of the processed first image set or the processed second image set, (see at least: Par. 0050-0051, by registering the image regions of the first and second images, the image quality of the in particular optimum subtraction image regions generated therefrom, an in particularly reducing image artifacts, [i.e., generating the target image, “the a optimum image region(s) or the object under examination”, resulted by registering the image regions of the first and second images”, based on at least one of the processed first image set or the processed second image set, “based on motion correction for reducing artifacts’]).
Koehler, Yamaguchi, and Manhart are combinable because they are both concerned with registering images. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify the combine teaching Koehler and Yamaguchi, to performing the motion correction after registering the image regions of the first and second images, as though by Manhart, in order to generate an optimum image region(s) with reduced artifacts, (Manhart, Par. 0051)
In regards to claim 4, the combine teaching Koehler, Yamaguchi, and Manhart as whole discloses the limitations of claim 3.
Manhart further discloses wherein the obtaining at least one of a processed first image set or a processed second image set based on the displacement vector field includes: processing the first image based on the displacement vector field to obtain a processed first image; and obtaining the processed first image set based on the processed first image, (see at least: Par. 0050, registering first and second image regions of first and second images using motion correction, “processing the first image based on the displacement vector field to obtain a processed first image”, based on anatomical and/or geometric features and/or a marker object which may be mapped in the first image data sets, [i.e., processing the first image based on the displacement vector field to obtain a processed first image, “implicit by registering first and second image regions of first and second images using motion correction”, and obtaining the processed first image set based on the processed first image, “implicitly obtaining anatomical and/or geometric features and/or a marker object mapped in the first image data sets, based on motion correction”]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Koehler, Yamaguchi, and Manhart, as applied to claim 3 above; and further in view Chen et al, (US-PGPUB 20110142318)
The combine teaching Koehler, Yamaguchi, and Manhart as whole discloses the limitations of claim 1
The combine teaching Koehler, Yamaguchi, and Manhart as whole does not expressly disclose wherein the generating the target image based on at least one of the processed first image set or the processed second image set includes: obtaining a target image sequence based on at least one of the processed first image set or the processed second image set; and generating the target image based on the target image sequence.
Chen et al discloses obtaining a target image sequence based on at least one of the processed first image set or the processed second image set, (see at least: Par. 0005, Temporal averaging of all aligned images implicitly results in registered image sequence, “target image sequence”); and generating the target image based on the target image sequence, (Par. 0005, preserving stent contrast in the image while suppressing the noise, [i.e., implicitly generating the target image, “the image with suppressing noise”, based on the target image sequence, “implicitly based on the target image sequence”]).
Koehler, Yamaguchi, Manhart, and Chen et al are combinable because they are all concerned with registering images. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify the combine teaching Koehler, Yamaguchi, and Manhart, to perform temporal averaging of all aligned images, as though by Chen, in order to allow preserving stent contrast in the image while suppressing the noise, leading to improved stent visibility, (Chen, Par. 0005)
Claims 8, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Koehler, Yamaguchi, Manhart, and Chen, as applied to claim 7 above; and further in view of Machado, (US-PGPUB 20140161338)
In regards to claim 8, the combine teaching Koehler, Yamaguchi, Manhart, and Chen as whole discloses the limitations of claim 7.
The combine teaching Koehler, Yamaguchi, Manhart, and Chen as whole does not expressly disclose wherein the obtaining a target image sequence based on at least one of the processed first image set or the processed second image set includes: identifying a third image from the processed first image set; identifying a fourth image from the second image set, wherein the third image and the fourth image correspond to a same second region of the subject; and determining the target image sequence based on at least one of the third image or the fourth image.
Machado discloses wherein the obtaining a target image sequence based on at least one of the processed first image set or the processed second image set includes: identifying a third image from the processed first image set; identifying a fourth image from the second image set, wherein the third image and the fourth image correspond to a same second region of the subject; and determining the target image sequence based on at least one of the third image or the fourth image, (see at least: Par. 0048-0051, acquiring images, which could be pre-operative and post-operative images or any images in which one of the images exhibits localized deformation of an anatomical region. At step 710, accessing image data from memory that includes a first image of an anatomical feature and a second image of the anatomical feature, [i.e., identifying a third image, “first image of an anatomical feature”, from the processed first image set, “image data”; identifying a fourth image, “second image of an anatomical feature”, from the second image set, “image data”, wherein the third image and the fourth image correspond to a same second region of the subject, “first and second images are implicitly corresponding to the same region”]); and perform rigid-registration of the second image to first image followed by non-rigid registration of the aligned second image to first image, [i.e., determining the target image sequence, “fused image resulted from non-rigid registration”, based on at least one of the third image or the fourth image, “based on first image and/or the second image”]).
Koehler, Yamaguchi, Manhart, Chen, and Machado are combinable because they are all concerned with registering images. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify the combine teaching Koehler, Yamaguchi, Manhart, and Chen, to perform rigid registration of the second image to first image, as though by Machado, in order to provide guidance regarding deformation and associated displacement between the respective images, (Machado, Par. 0051)
In regards to claim 10, the combine teaching Koehler, Yamaguchi, Manhart, Chen, and Machado as whole discloses the limitations of claim 8.
Machado further discloses wherein the determining the target image sequence based on at least one of the third image or the fourth image includes: determining a fused image based on the third image and the fourth image, (Machado, 0049-0051, implicit by performing rigid-registration of the second image to first image); and obtaining the target image sequence based on the processed first image set, the second image set, and the fused image, (Machado, see at least: Par. 0050-0051, After the rigid registration, perform the non-rigid-registration of the aligned second image to first image, [i.e., obtaining the target image sequence, “fused image resulted from non-rigid-registration”, based on the processed first image set, the second image set, and the fused image, “the first image, the aligned second image, and the fused image resulted from rigid registration”]).
In regards to claim 13, the combine teaching Koehler, Yamaguchi, Manhart, and Chen as whole discloses the limitations of claim 7.
The combine teaching Koehler, Yamaguchi, Manhart, and Chen as whole does not expressly disclose wherein the obtaining a target image sequence based on at least one of the processed first image set or the processed second image set includes: identifying a fifth image from the processed first image set; identifying a sixth image from the processed second image set, wherein the fifth image and the sixth image correspond to a same third region of the subject; and determining the target image sequence based on at least one of the fifth image or the sixth image.
Machado discloses wherein the obtaining a target image sequence based on at least one of the processed first image set or the processed second image set includes: identifying a fifth image from the processed first image set; identifying a sixth image from the processed second image set, wherein the fifth image and the sixth image correspond to a same third region of the subject; and determining the target image sequence based on at least one of the fifth image or the sixth image, (see at least: Par. 0048-0051, acquiring images, which could be pre-operative and post-operative images or any images in which one of the images exhibits localized deformation of an anatomical region. At step 710, accessing image data from memory that includes a first image of an anatomical feature and a second image of the anatomical feature, [i.e., identifying a fifth image, “first image of an anatomical feature”, from the processed first image set, “image data”; identifying a fourth image, “second image of an anatomical feature”, from the second image set, “image data”, wherein the fifth image and the sixth image correspond to a same second region of the subject, “first and second images are implicitly corresponding to the same region”]); and perform rigid-registration of the second image to first image followed by non-rigid registration of the aligned second image to first image, [i.e., determining the target image sequence, “fused image resulted from non-rigid registration”, based on at least one of the fifth image or the sixth image, “based on first image and/or the second image”]).
Koehler, Yamaguchi, Manhart, Chen, and Machado are combinable because they are all concerned with registering images. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify the combine teaching Koehler, Yamaguchi, Manhart, and Chen, to perform rigid registration of the second image to first image, as though by Machado, in order to provide guidance regarding deformation and associated displacement between the respective images, (Machado, Par. 0051)
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Koehler and Yamaguchi et al, as applied to claim 1 above; and further in view of Bai et al, (US-Patent 11,049,230)
The combine teaching Koehler and Yamaguchi as whole discloses the limitations of claim 1
The combine teaching Koehler and Yamaguchi as whole does not expressly disclose wherein the first image set and the second image set are obtained according to an image reconstruction algorithm.
Bai et al discloses wherein the first image set and the second image set are obtained according to an image reconstruction algorithm, (col. 7, lines 56-60, The computer 22 is programmed to generate a first reconstructed image 80 by performing a first image reconstruction 81, and to generate a second reconstructed image 82 by performing a second image reconstruction 83 that is different from the first image reconstruction 81, [i.e., obtaining the first image set, “first reconstructed image 80”, and the second image set, “second reconstructed image 82”, according to an image reconstruction algorithm, “first reconstructed image 81 and second image reconstruction 83”]).
Koehler, Yamaguchi, and Manhart are combinable because they are both concerned with processing images. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify the combine teaching Koehler and Yamaguchi, to use the first and second reconstructed image algorithms 81, 83, as though by Manhart, in order to obtain first reconstructed image 80, and second reconstructed image 82, (Bai, col. 7, lines 56-60)
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Koehler and Yamaguchi et al, as applied to claim 1 above; and further in view of Cho et al, (US-PGPUB 20210150456)
The combine teaching Koehler and Yamaguchi as whole discloses the limitations of claim 1
The combine teaching Koehler and Yamaguchi as whole does not expressly disclose wherein the first time point immediately precedes the second time point.
Cho et al discloses wherein the first time point immediately precedes the second time point, (Par. 0103, imaging the object 310 at first time point to generate first image, and imaging the object 310 at the second time point to generate the second image; where the first time point may be a point in time preceding the second time point).
Koehler, Yamaguchi, and Cho et al are combinable because they are both concerned with processing images. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify combine teaching Koehler and Yamaguchi, to define first time point and second time point, as though by Cho, in order to generate first image preceding the second image, (Cho, Par. 0103)
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Koehler and Yamaguchi et al, as applied to claim 1 above; and further in view of Sato et al, (US-PGPUB 20200297301)
The combine teaching Koehler and Yamaguchi as whole discloses the limitations of claim 1
The combine teaching Koehler and Yamaguchi as whole does not expressly disclose wherein the subject is at a first bed position at the first time point, and the subject is at a second bed position at the second time point.
Sato et al discloses wherein the subject is at a first bed position at the first time point, and the subject is at a second bed position at the second time point, (see at least: Fig. 12, performing imaging of X-ray images at plural different locations for generating a long range X-ray image in the X-ray diagnostic apparatus 1 of Fig. 1, where the imaging of an X-ray image of the first time is performed at an upper position of an imaging range with respect to the subject P, and subsequently, imaging of an X-ray image of the second time is performed at a lower position of the imaging range with respect to the subject P. Further, in Fig. 5, a bed 30 is provided instead of the stand 10 in the X-ray diagnostic apparatus 1 in FIG. 1, [i.e., wherein the subject is at a first bed position at the first time point, “imaging of an X-ray image of the first time is performed at an upper position”, and the subject is at a second bed position at the second time point, “imaging of an X-ray image of the second time is performed at a lower position of the subject P”]).
Koehler, Yamaguchi, Sato et al are combinable because they are both concerned with processing images. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify combine teaching Koehler and Yamaguchi, to perform imaging of X-ray images at plural different locations, as though by Sato et al, in order to generating a long-range image, (Par. 0072)
Claims 24 and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Koehler et al, (US-PGPUB 20220122247) in view of Morard et al, (US-PGPUB 20210233645)
In regards to claim 24, Koehler discloses a method for image processing, implemented on a system including at least one storage device including a set of instructions and at least one processor configured to communicate with the at least one storage device, (see at least: Par. Par. 0003, “method”, and Par. 0027, “computer controlling the system implicitly comprises a memory and processor connected to memory), the method comprising:
obtaining, from a first image set of a subject acquired at a first time point, a first image, (see at least: Fig. 1, and Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, for different times. Further, Par. 0034, the medical imaging system, being a CT system 120, is adapted to acquire a first image of the lung of the patient 110 during an inhalation state of the lung, [i.e., obtaining, from a first image set of a subject acquired at a first time point, “during an inhalation state of the lung implicitly at first time”, a first image, “first image of the lung of the patient 110”]);
obtaining, from a second image set of the subject acquired at a second time point, a second image, (see at least: Par. 0034, the CT system 120 is adapted to acquire a second image of the lung of the patient 110 during an exhalation state, [i.e., obtaining, from a second image set of the subject acquired at a second time point, “during an exhalation state implicitly at different time”, a second image, “a second image of the lung of the patient 110”]), wherein the first image and the second image correspond to a same region of the subject, (see at least: Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, [i.e., “implicitly providing first and second image of the same region of interest”]);
determining a displacement vector field based on the first image and the second image, (see at least: Par. 0035, the registration unit 102 is adapted to automatically register the first and the second image, based structural characteristics of the lung, and determining a displacement vector, based on registration, [i.e., determining a displacement vector field, “displacement vector”, based on the first image and the second image, “based on registering the first and second image”).
generating a target image based on the displacement vector field, the first image set and the second image set, (see at least: Par. 0036, specific tissue determination unit 103 is in this embodiment then adapted to determine a specific tissue region in at least one of the first image and the second image, [i.e., generating a target image, “specific tissue region”, based on the displacement vector field, “implicitly based on the displacement vector determined by registration unit 102”, the first image set and the second image set, “in at least one of the first image and the second image”]).
Koehler does not expressly disclose wherein the generating the target image includes: identifying from the first image set, a first remaining image that is different from the first image; determining the target image by applying the displacement vector field to the first remaining image.
Morard discloses wherein the generating the target image includes: identifying from the first image set, a first remaining image that is different from the first image, (see at least: Fig. 7, Par. 0113, identifying the source image 706a as one of the remaining images that different from the target image 708a, and using cropping function to output source cropped image 706b and the target cropped image 708b, from source image (e.g., a moving imaging) 706a and a target image 708a, [i.e., identifying from the first image set, “source image 706a”, a first remaining image, “source cropped image 706b”, that is different from the first image, “source image 706a”]); and determining the target image by applying the displacement vector field to the first remaining image, (see at least: Fig. 7, Par. 0115, integration layer feature map 746 are used to generate a deformation field 748, which provides a matrix of displacement vectors for each voxel (or pixel for 2D images) in the source cropped image 706b relative to each analogous voxel in the target image cropped 708b, …and the deformation field 748 and the source cropped image 706b are input into a spatial transform 750, which outputs a deformed image 752, [i.e., determining the target image, “deformed image 752”, by applying the displacement vector field to the first remaining image, “implicit by provides a matrix of displacement vectors for each voxel (or pixel for 2D images) in the source cropped image 706b”]).
Koehler and Morard are combinable because they are all concerned with subject detection based medical imaging. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Koehler, to apply the displacement vector to the source cropped image 706b, as though by Morard, in order to provide the deformed image (target image), (Morard, Par. 0115).
In regards to claim 47, Koehler discloses a non-transitory computer readable medium, comprising executable instructions that, when executed by at least one processor, direct the at least one processor to perform a method, see at least: Par. 0003, “computer program”; and Par. 0054, computer program may be stored/distributed on a suitable medium, and claim 13, “a non-transitory computer-readable medium for storing executable instructions”), the method comprising:
obtaining, from a first image set of a subject acquired at a first time point, a first image, (see at least: Fig. 1, and Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, for different times. Further, Par. 0034, the medical imaging system, being a CT system 120, is adapted to acquire a first image of the lung of the patient 110 during an inhalation state of the lung, [i.e., obtaining, from a first image set of a subject acquired at a first time point, “during an inhalation state of the lung implicitly at first time”, a first image, “first image of the lung of the patient 110”]);
obtaining, from a second image set of the subject acquired at a second time point, a second image, (see at least: Par. 0034, the CT system 120 is adapted to acquire a second image of the lung of the patient 110 during an exhalation state, [i.e., obtaining, from a second image set of the subject acquired at a second time point, “during an exhalation state implicitly at different time”, a second image, “a second image of the lung of the patient 110”]), wherein the first image and the second image correspond to a same region of the subject, (see at least: Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, [i.e., “implicitly providing first and second image of the same region of interest”]);
determining a displacement vector field based on the first image and the second image, (see at least: Par. 0035, the registration unit 102 is adapted to automatically register the first and the second image, based structural characteristics of the lung, and determining a displacement vector, based on registration, [i.e., determining a displacement vector field, “displacement vector”, based on the first image and the second image, “based on registering the first and second image”).
generating a target image based on the displacement vector field, the first image set and the second image set, (see at least: Par. 0036, specific tissue determination unit 103 is in this embodiment then adapted to determine a specific tissue region in at least one of the first image and the second image, [i.e., generating a target image, “specific tissue region”, based on the displacement vector field, “implicitly based on the displacement vector determined by registration unit 102”, the first image set and the second image set, “in at least one of the first image and the second image”]).
However, Koehler does not expressly disclose wherein the generating the target image includes: identifying, from the first image set, a first remaining image that is different from the first image; determining a processed first remaining image based on the displacement vector field; obtaining the processed first image set based on the processed first remaining image; generating the target image based on the processed first image set.
Morard discloses wherein the generating the target image includes: identifying from the first image set, a first remaining image that is different from the first image, (see at least: Fig. 7, Par. 0113, identifying the source image 706a as one of the remaining images that different from the target image 708a, and using cropping function to output source cropped image 706b and the target cropped image 708b, from source image (e.g., a moving imaging) 706a and a target image 708a, [i.e., identifying from the first image set, “source image 706a”, a first remaining image, “source cropped image 706b”, that is different from the first image, “source image 706a”]); determining a processed first remaining image based on the displacement vector field, (see at least: Fig. 7, par. 0115, the cropping function 728 outputs the source cropped image 706b and the target cropped image 708b, and generate a deformation field 748, which provides a matrix of displacement vectors for each voxel (or pixel for 2D images) in the source cropped image 706b, [i.e., determining a processed first remaining image, “source cropped image 706b”, based on the displacement vector field, “implicit by the matrix of displacement vectors”]); and obtaining the processed first image set based on the processed first remaining image, (see at least: par. 0115, implicit obtaining registered of combined image based on aligning cropped image 706b to the target cropped image 708b); and generating the target image based on the processed first image set, (see at least: para. 0115, the deformation field 748 and the source cropped image 706b are input into a spatial transform 750, which outputs a deformed image 752, where the deformed image 752 comprises the source cropped image 706b aligned to the target cropped image 708b, [i.e., generating the target image, “deformed image 752”, based on the processed first image set, “the combined image that results from aligning cropped image 706b to the target cropped image 708b”]).
Koehler and Morard are combinable because they are all concerned with subject detection based medical imaging. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Koehler, to apply the displacement vector to the source cropped image 706b, as though by Morard, in order to provide the deformed image (target image), (Morard, Par. 0115).
Allowable Subject Matter
Claims 5-6, 9, and 14 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.
With respect to claim 5, the prior art of record, alone or in reasonable combination, does not teach or suggest, the following underlined limitation(s), (in consideration of the claim as a whole):
“identifying, from the first image set, a first remaining image that is different from the first image; determining a processed first remaining image based on the displacement vector field and a first weighting factor; and obtaining the processed first image set based on the processed first image and the processed first remaining image”
The relevant prior art of record, Koehler et al, (US-PGPUB 20220122247) discloses a system, (see at least: Fig. 1, and Par. 0001, “system”), for image processing, comprising:
at least one storage device including a set of instructions, (Par. 0035, storage unit); and at least one processor in communication with the at least one storage device, wherein when executing the set of instructions, the at least one processor is directed to cause the system to perform operations, (see at least: Par. 0027, “computer controlling the system implicitly comprises a memory and processor connected to memory), including:
obtaining, from a first image set of a subject acquired at a first time point, a first image, (see at least: Fig. 1, and Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, for different times. Further, Par. 0034, the medical imaging system, being a CT system 120, is adapted to acquire a first image of the lung of the patient 110 during an inhalation state of the lung, [i.e., obtaining, from a first image set of a subject acquired at a first time point, “during an inhalation state of the lung implicitly at first time”, a first image, “first image of the lung of the patient 110”]);
obtaining, from a second image set of the subject acquired at a second time point, a second image, (see at least: Par. 0034, the CT system 120 is adapted to acquire a second image of the lung of the patient 110 during an exhalation state, [i.e., obtaining, from a second image set of the subject acquired at a second time point, “during an exhalation state implicitly at different time”, a second image, “a second image of the lung of the patient 110”]), wherein the first image and the second image correspond to a same region of the subject, (see at least: Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, [i.e., “implicitly providing first and second image of the same region of interest”]);
determining a displacement vector field based on the first image and the second image, (see at least: Par. 0035, the registration unit 102 is adapted to automatically register the first and the second image, based structural characteristics of the lung, and determining a displacement vector, based on registration, [i.e., determining a displacement vector field, “displacement vector”, based on the first image and the second image, “based on registering the first and second image”).
generating a target image based on the displacement vector field, the first image set and the second image set, (see at least: Par. 0036, specific tissue determination unit 103 is in this embodiment then adapted to determine a specific tissue region in at least one of the first image and the second image, [i.e., generating a target image, “specific tissue region”, based on the displacement vector field, “implicitly based on the displacement vector determined by registration unit 102”, the first image set and the second image set, “in at least one of the first image and the second image”]).
However, Koehler fails to teach or suggest, either alone or in combination with the other cited references, determining a processed first remaining image based on the displacement vector field and a first weighting factor; and obtaining the processed first image set based on the processed first image and the processed first remaining image.
A further prior art of record, Manhart (US-PGPUB 20220156904) discloses wherein the obtaining at least one of a processed first image set or a processed second image set based on the displacement vector field includes: processing the first image based on the displacement vector field to obtain a processed first image; and obtaining the processed first image set based on the processed first image, (see at least: Par. 0050, registering first and second image regions of first and second images using motion correction, “processing the first image based on the displacement vector field to obtain a processed first image”, based on anatomical and/or geometric features and/or a marker object which may be mapped in the first image data sets, [i.e., processing the first image based on the displacement vector field to obtain a processed first image, “implicit by registering first and second image regions of first and second images using motion correction”, and obtaining the processed first image set based on the processed first image, “implicitly obtaining anatomical and/or geometric features and/or a marker object mapped in the first image data sets, based on motion correction”]).
However, Manhart fails to teach or suggest, either alone or in combination with the other cited references, determining a processed first remaining image based on the displacement vector field and a first weighting factor; and obtaining the processed first image set based on the processed first image and the processed first remaining image.
Regarding claim 6, claim 6 is in condition for allowance based at least on its dependency from claim 5.
With respect to claim 9, the prior art of record, alone or in reasonable combination, does not teach or suggest, the following underlined limitation(s), (in consideration of the claim as a whole):
“wherein the determining the target image sequence based on at least one of the third image or the fourth image includes: obtaining an initial image sequence including the processed first image set and the second image set; and deleting the fourth image from the initial image sequence to obtain the target image sequence”.
The relevant prior art of record, Koehler et al, (US-PGPUB 20220122247) discloses a system, (see at least: Fig. 1, and Par. 0001, “system”), for image processing, comprising:
at least one storage device including a set of instructions, (Par. 0035, storage unit); and at least one processor in communication with the at least one storage device, wherein when executing the set of instructions, the at least one processor is directed to cause the system to perform operations, (see at least: Par. 0027, “computer controlling the system implicitly comprises a memory and processor connected to memory), including:
obtaining, from a first image set of a subject acquired at a first time point, a first image, (see at least: Fig. 1, and Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, for different times. Further, Par. 0034, the medical imaging system, being a CT system 120, is adapted to acquire a first image of the lung of the patient 110 during an inhalation state of the lung, [i.e., obtaining, from a first image set of a subject acquired at a first time point, “during an inhalation state of the lung implicitly at first time”, a first image, “first image of the lung of the patient 110”]);
obtaining, from a second image set of the subject acquired at a second time point, a second image, (see at least: Par. 0034, the CT system 120 is adapted to acquire a second image of the lung of the patient 110 during an exhalation state, [i.e., obtaining, from a second image set of the subject acquired at a second time point, “during an exhalation state implicitly at different time”, a second image, “a second image of the lung of the patient 110”]), wherein the first image and the second image correspond to a same region of the subject, (see at least: Par. 0007, image providing unit is adapted to provide at least two images of the region of interest, [i.e., “implicitly providing first and second image of the same region of interest”]);
determining a displacement vector field based on the first image and the second image, (see at least: Par. 0035, the registration unit 102 is adapted to automatically register the first and the second image, based structural characteristics of the lung, and determining a displacement vector, based on registration, [i.e., determining a displacement vector field, “displacement vector”, based on the first image and the second image, “based on registering the first and second image”).
generating a target image based on the displacement vector field, the first image set and the second image set, (see at least: Par. 0036, specific tissue determination unit 103 is in this embodiment then adapted to determine a specific tissue region in at least one of the first image and the second image, [i.e., generating a target image, “specific tissue region”, based on the displacement vector field, “implicitly based on the displacement vector determined by registration unit 102”, the first image set and the second image set, “in at least one of the first image and the second image”]).
However, Koehler fails to teach or suggest, either alone or in combination with the other cited references, deleting the fourth image from the initial image sequence to obtain the target image sequence.
A further prior art of record, Machado, (US-PGPUB 20140161338), discloses wherein the obtaining a target image sequence based on at least one of the processed first image set or the processed second image set includes: identifying a third image from the processed first image set; identifying a fourth image from the second image set, wherein the third image and the fourth image correspond to a same second region of the subject; and determining the target image sequence based on at least one of the third image or the fourth image, (see at least: Par. 0048-0051, acquiring images, which could be pre-operative and post-operative images or any images in which one of the images exhibits localized deformation of an anatomical region. At step 710, accessing image data from memory that includes a first image of an anatomical feature and a second image of the anatomical feature, [i.e., identifying a third image, “first image of an anatomical feature”, from the processed first image set, “image data”; identifying a fourth image, “fourth image of an anatomical feature”, from the second image set, “image data”, wherein the third image and the fourth image correspond to a same second region of the subject, “first and second images are implicitly corresponding to the same region”]); and perform rigid-registration of the second image to first image, [i.e., determining the target image sequence, “implicitly providing the target sequence images based on performing rigid-registration of the second image to first image”, based on at least one of the third image or the fourth image, “based on first image and/or the second image”]).
However, Machado fails to teach or suggest, either alone or in combination with the other cited references, deleting the fourth image from the initial image sequence to obtain the target image sequence.
With respect to claim 14, the prior art of record, alone or in reasonable combination, does not teach or suggest, the following underlined limitation(s), (in consideration of the claim as a whole):
“wherein the determining the target image sequence based on at least one of the fifth image or the sixth image includes: obtaining an initial image sequence including the processed first image set and the processed second image set; and deleting the fifth image or the sixth image from the initial image sequence to obtain the target image sequence”.
The prior art of record, Koehler et al, (US-PGPUB 20220122247), and Machado, (US-PGPUB 20140161338), applied to the claim 10 above, apply also to claim 14; but none, either alone or in combination, teach or suggest, the deleting the fifth image or the sixth image from the initial image sequence to obtain the target image sequence.
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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/AMARA ABDI/Primary Examiner, Art Unit 2668 03/18/2026