DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The claims 1 and 6-7 recites an X-ray generator with an x-ray sensor for obtaining projected data for parts of the object to be imaged a driving part for moving the X-ray generator and the X-ray sensor align to obtain plurality pieces of projection image, an image processor for obtaining a plurality of pieces of partial projection image data and reconstructing tomographic images of the at least one partial section.
The limitation “obtaining a plurality of pieces of partial projection image data” to use them for reconstructing tomographic images, describe mathematical concepts grouping (organizing information and manipulating though mathematical correlations, Digitech Image Techs., LLC v. Electronics for Imaging, Inc.). See MPEP 2106.04(a)(2), subsection I.A.
This judicial exception is not integrated into a practical application because the additional elements (the x-ray imaging apparatus with the sensor and the driving part, and processor) as disclosed do not integrate the judicial exception into a practical application as they are mere insignificant extra solution activity in combination of generic computer functions being implemented with generic computer elements in a high level of generality to perform the disclosed abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are mere insignificant extra solution activity in combination of generic computer functions being implemented with generic computer elements in a high level of generality to perform the disclosed abstract idea.
Claim 2 is dependent on claim 1 and includes all the limitations of claim 1. Therefore, claim 2 recites the same abstract idea of claim 1. The claim recites the additional limitation of “wherein the partial areas face toward a vertical direction of the X-ray sensor”, which is merely elaborating on the abstract idea, by further specifying an additional element recited at a high-level of generality, therefore, does not amount to significantly more than the abstract idea.
Claim 3 is dependent on claim 1 and includes all the limitations of claim 1. Therefore, claim 3 recites the same abstract idea of claim 1. The claim recites the additional limitation of “wherein the object to be imaged is a dental arch, the one partial section comprises first and second sections at positions different from each other in the dental arch, the partial areas of the X-ray sensor for the first and second sections are different from each other, and first and second tomographic images for the first and second sections are first and second X-ray panoramic images having X-ray incidence angles different from each other”, which is merely elaborating on the abstract idea, by further specifying an additional element recited at a high-level of generality, therefore, does not amount to significantly more than the abstract idea.
Claim 4 is dependent on claim 1 and includes all the limitations of claim 1. Therefore, claim 4 recites the same abstract idea of claim 1. The claim recites the additional limitation of “a display, wherein the image processor displays the first and second panoramic images at positions different from each other on the display”, which is merely elaborating on the abstract idea, by further specifying an additional element recited at a high-level of generality, therefore, does not amount to significantly more than the abstract idea.
Claim 5 is dependent on claim 1 and includes all the limitations of claim 1. Therefore, claim 5 recites the same abstract idea of claim 1. The claim recites the additional limitation of “wherein the one partial section comprises a first molar tooth section comprising molar teeth on a first side of the dental arch, a first canine tooth section comprising canine teeth on the first side, an anterior tooth section comprising anterior teeth, a second canine tooth section comprising canine teeth on a second side, and a second molar tooth section comprising molar teeth on the second side, and the image processor displays the first molar tooth section, first canine tooth section, anterior tooth section, second canine tooth section, and second molar tooth section on the display in order from the first side to the second side”, which is merely elaborating on the abstract idea, by further specifying an additional element recited at a high-level of generality, therefore, does not amount to significantly more than the abstract idea.
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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (US 2018/0325475 A1).
With respect to Claim 1, Choi’475 shows an X-ray imaging apparatus (Figures 1-2 imaging unit 310 having an X-ray generator 311 and an X-ray sensor 312) comprising:
an X-ray generator (figure 1 x-ray generator 311) for emitting X-rays (paragraph [0055] x-ray beam B and figure 2) toward parts of an object (dental arch) to be imaged (paragraph [0051]);
an X-ray sensor (Figures 1 x-ray sensor 312) for receiving the X-rays (x-ray beam B) and obtaining projection image data for the parts of the object (dental arch) to be imaged (paragraphs [0051]-[0052] x-ray beams B received by sensor 312 through various angles and positions in the dental arch to generate X-ray frame data in a scan. A scan sequence is a series of a plurality of X-ray image data on a frame-by frame basis);
a driving part (driver 313) for moving the X-ray generator (x-ray generator 311) and the X-ray sensor (x-ray sensor 312) along at least one partial section of the object (dental arch) to be imaged (paragraph [0034]) and causing the X-ray sensor to obtain a plurality of pieces of projection image data (Figure 3A F1-FN) for the at least one partial section (paragraph [0055] x-ray frame data F1-Fn to regard the image data generated by receiving x-ray beams through a portion of the dental arch at various angles); and
an image processor (image processor 322) for obtaining a plurality of pieces of partial projection image data (Figure 3B/3C subset of F1-FN) corresponding to partial areas of the X-ray sensor from the plurality of pieces of projection image data (Figure 3A F1-FN) (paragraph [0056] processor 322 to extract a necessary plurality of the X-ray frame data), and reconstructing tomographic images of the at least one partial section by using the plurality of pieces of partial projection image data (Paragraph [0056] wherein the extracted necessary plurality of frame data is used to reconstruct first (S21) and second (S22) panoramic X-ray images. Figure 3b first group of X-ray frame data F1, F3, F5, and FN (subset of F1-FN) used to reconstruct the first panoramic X-ray image S21 (figure 15). Figure 3c first group of X-ray frame data F1-F2, F4-F6, and FN (subset of F1-FN) used to reconstruct the second panoramic X-ray image S22).
With respect to Claim 2, Choi’475 shows the X-ray imaging apparatus of claim 1, wherein the partial areas face toward a vertical direction of the X-ray sensor (Figure 2 and paragraph [0052] the scan sequence at the same plane horizontal describing the partial areas (dental arch) to face the vertical direction).
With respect to Claim 3, Choi’475 shows X-ray imaging apparatus of claim 1, wherein the object to be imaged is a dental arch (paragraph [0051]), the one partial section comprises first (Figure 2 SP1) and second (SP2) sections at positions different from each other in the dental arch, the partial areas of the X-ray sensor for the first and second sections are different from each other (paragraph [0057] the data to be different), and first (Figure 15 S21) and second (S22) tomographic images for the first and second sections are first and second X-ray panoramic images having X-ray incidence angles different from each other (Paragraph [0047] the first and second panoramic images are at least partially if not completely different).
With respect to Claim 4, Choi’475 shows X-ray imaging apparatus of claim 3, further comprising: a display, wherein the image processor displays the first and second panoramic images at positions different from each other on the display (Figure 16 the display of first panoramic X-ray image 10 as described in paragraph [0128]. Figure 17 depicts the second panoramic X-ray image 20 as described in paragraph [0129]. Figure 15 S52 and paragraph [0126] describes the first and second panoramic X-ray images may be displayed simultaneously).
With respect to Claim 5, Choi’475 shows X-ray imaging apparatus of claim 4, wherein the one partial section comprises a first molar tooth section comprising molar teeth on a first side of the dental arch (Paragraphs [0061] and [0078] examples the dental arch to be the maxillary and include the maxillary molars 2M on both left and right sides (figures 4-5) (dental system numbering molars 2 and 15)), a first canine tooth section comprising canine teeth on the first side (Figures 2, 4 and 5 the scanning to include maxillary dental arch including canine/cuspid teeth (dental system numbered 6 and 11). Paragraph [0093] F2 to include canine.), an anterior tooth section comprising anterior teeth (Paragraph [0093] F1 to include anterior), a second canine tooth section comprising canine teeth on a second side (Figures 2, 4 and 5 the scanning to include maxillary dental arch including canine/cuspid teeth (dental system numbered 6 and 11). Paragraph [0093] F2 to include canine.), and a second molar tooth section comprising molar teeth on the second side (Paragraphs [0061] and [0078] examples the dental arch to be the maxillary and include the maxillary molars 2M on both left and right sides (figures 4-5) (dental system numbering molars 2 and 15)), and the image processor displays the first molar tooth section, first canine tooth section, anterior tooth section, second canine tooth section, and second molar tooth section on the display in order from the first side to the second side (Figures 4 and 8 and paragraph [0093] displaying the panoramic X-ray images including a final image layer 15C to include layers 151-153 for each of sections F1-F3 to include the above described teeth sections.).
With respect to Claim 6, Choi’475 shows a method of realizing X-ray images (Figures 1-2 imaging unit 310 having an X-ray generator 311 and an X-ray sensor 312), the method comprising:
obtaining a plurality of pieces of projection image data for at least one partial section of an object to be imaged by using an X-ray generator (figure 1 x-ray generator 311) for emitting X-rays toward parts of the object (dental arch) to be imaged and an X-ray sensor for receiving the X-rays transmitted through the parts of the object to be imaged to obtain the projection image data for the parts of the object to be imaged (paragraphs [0051]-[0052] x-ray beams B received by sensor 312 through various angles and positions in the dental arch to generate X-ray frame data in a scan. A scan sequence is a series of a plurality of X-ray image data on a frame-by frame basis); and
obtaining a plurality of pieces of partial projection image data (Figure 3A F1-FN) corresponding to partial areas of the X-ray sensor from the plurality of pieces of projection image data (paragraph [0055] x-ray frame data F1-Fn to regard the image data generated by receiving x-ray beams through a portion of the dental arch at various angles); and
reconstructing tomographic images for the at least one partial section by using the plurality of pieces of partial projection image data (Paragraph [0056] wherein the extracted necessary plurality of frame data is used to reconstruct first (S21) and second (S22) panoramic X-ray images. Figure 3b first group of X-ray frame data F1, F3, F5, and FN (subset of F1-FN) used to reconstruct the first panoramic X-ray image S21 (figure 15). Figure 3c first group of X-ray frame data F1-F2, F4-F6, and FN (subset of F1-FN) used to reconstruct the second panoramic X-ray image S22).
With respect to Claim 7, Choi’475 shows a X-ray imaging apparatus (Figures 1-2 imaging unit 310 having an X-ray generator 311 and an X-ray sensor 312) comprising:
a storage (figure 1 storage 330) for storing a plurality of pieces of projection image data for a plurality of projection images for at least one partial section of an object to be imaged (paragraph [0034] a storage 330 configured to store X-ray image data and X-ray images of intermediate), wherein a plurality of pieces of partial projection image data corresponding to partial areas of the projection images is obtained from the plurality of pieces of projection image data (paragraphs [0051]-[0052] x-ray beams B received by sensor 312 through various angles and positions in the dental arch to generate X-ray frame data in a scan. A scan sequence is a series of a plurality of X-ray image data on a frame-by frame basis), and
tomographic images for the at least one partial section are reconstructed by using the plurality of pieces of partial projection image data (Paragraph [0056] wherein the extracted necessary plurality of frame data is used to reconstruct first (S21) and second (S22) panoramic X-ray images. Figure 3b first group of X-ray frame data F1, F3, F5, and FN (subset of F1-FN) used to reconstruct the first panoramic X-ray image S21 (figure 15). Figure 3c first group of X-ray frame data F1-F2, F4-F6, and FN (subset of F1-FN) used to reconstruct the second panoramic X-ray image S22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chandwadkar et al. (US 2018/0289342 A1): figure 1, paragraphs [0052] and [0064] x-rays and perform 3D imaging where projection images from different angles around the patient are acquired and these are then reconstructed by suitable image processor into 3D images of the inner anatomy of a region of interest of the patient.
Suzuki et al. (US 2009/0168966 A1): figures 2, 22 and 25-26.
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/IRIANA CRUZ/Primary Examiner, Art Unit 2681