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 Objections
Claims 1-15 are objected to because of the following informalities: With respect to claims 1-15, examiner recommends to change limitations “used to” to “configured to” in order to clearly define the limitations in the patentable senses. The recitation “used” refers to the current state of utilizing something, while “configured” refers to the act of setting it up for a specific purpose or arrangement. User configures a device to prepare it for use, and then use it according to that configuration. Appropriate correction or explanation is required and respectfully requested.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 13 and 15-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hiriochi et al. (US PAP 2023/0267608 A1).
With respect to claim 1, Hiriochi et al. teaches an X-ray imaging system, comprising (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8):
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a first camera (19), configured to acquire a first optical image (25) of an object under (H) examination; and a control apparatus (14), comprising:
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a protocol selection unit (62), configured to select a corresponding protocol based on information of the object (H) under examination, the protocol at least comprising a preset pose and an exposure site; a pose determination unit (57), configure to identify key points on the first optical image, and determine, based on the key points, whether the pose of the object (H) under examination satisfies the preset pose; and an exposure control unit (63; 16), used to control exposure when the preset pose is satisfied and the location of the exposure site of the object (H) under examination is within an exposure range, so as to acquire an X-ray image corresponding to the preset pose (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
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With respect to claim 2, Hiriochi et al. teaches the X-ray imaging system according to claim 1 (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8),
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wherein the control apparatus further comprises an information acquisition unit configured to acquire information of the object under examination (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
With respect to claim 3, Hiriochi et al. teaches the X-ray imaging system according to claim 1 (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8), wherein the first camera is further configured to acquire information of the object under examination (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
With respect to claim 4, Hiriochi et al. teaches the X-ray imaging system according to claim 2 (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8), wherein the information of the object under examination is acquired by scanning at least one among a barcode, a two-dimensional code, an identity card, a radio frequency tag, and a medical card of the object under examination (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
With respect to claim 5, Hiriochi et al. teaches the X-ray imaging system according to claim 1 (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8), wherein the system further comprises: a voice apparatus mounted inside of a scan room, the voice apparatus being configured to issue voice instructions to guide positioning of the object under examination (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
With respect to claim 6, Hiriochi et al. teaches the X-ray imaging system according to claim 1 (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8), wherein the preset pose comprises a first pose and a second pose (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8). The limitations that “the pose determination unit is capable of determining whether the pose of the object under examination satisfies the first pose and the second pose, so as to acquire X-ray images corresponding to the first pose and the second pose” have not been considered in any patentable sense because it has been held that the recitation that an element is “capable of” performing a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense.
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With respect to claim 13, Hiriochi et al. teaches the X-ray imaging system according to claim 1 see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8), wherein the system further comprises: a display (20) configured to display the first optical image and prompt information sent by the control apparatus, the prompt information comprising at least one among: the pose of the object under examination satisfying the preset pose, the location of the exposure site of the object (H) under examination being within the exposure range, the position of the object (H) under examination not satisfying the image capture position, and thickness information of the object (H) under examination see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
With respect to claim 14, Hiriochi et al. teaches an X-ray imaging system, comprising: a processor, the processor being configured to see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8): select a corresponding protocol based on acquired information of an object (H) under examination, the protocol at least comprising a preset pose for exposure and an exposure site; identify key points on an optical image, and determine, based on the key points, whether the pose of the object under examination satisfies the preset pose; and control exposure when the preset pose is satisfied and the location of the exposure site of the object under examination is within an exposure range, so as to acquire an X-ray image corresponding to the preset pose see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
With respect to claim 16, Hiriochi et al. teaches an X-ray imaging method for dynamic examination, comprising see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8): acquiring information of an object (H) under examination; selecting a corresponding protocol based on the information of the object under examination, the protocol at least comprising a first pose and a second pose for exposure, and an exposure site; acquiring an optical image (25) and identifying key points in the optical image, and determining, based on the key points, whether the pose of the object under examination satisfies the first pose or the second pose; and controlling exposure (16) when the first pose or the second pose is satisfied and the location of the exposure site of the object under examination is within an exposure range, so as to acquire a first X-ray image corresponding to the first pose and a second X-ray image corresponding to the second pose, respectively see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
With respect to claim 17, Hiriochi et al. teaches an X-ray imaging method for dynamic examination, comprising see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8): acquiring information of an object (H) under examination; selecting a corresponding protocol based on the information of the object under examination, the protocol at least comprising a preset pose for exposure and an exposure site; acquiring a first optical image (25), and generating a first control instruction when the pose of the object under examination in the first optical image satisfies the preset pose; acquiring a second optical image (25), and generating a second control instruction when the location of the exposure site of the object under examination in the second optical image is within an exposure range; and based on the first control instruction and the second control instruction, controlling exposure to acquire an X-ray image corresponding to the preset pose see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hiriochi et al. (US PAP 2023/0267608 A1) as applied to claim 1 above, and further in view of Zheng et al. (US PAP 2023/0148978 A1).
With respect to claim 7, Hiriochi et al. teaches the X-ray imaging system according to claim 1 (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8) but fail to explicitly teach that the pose determination unit is further configured to acquire the key points of the object under examination based on a deep learning network.
Zheng et al. discloses a system/method for X-ray imaging (see abstract: figs. 1-5; paragraphs 0007, 0008, 0010, 0011, 0020, 0025, 0026, 0028, 0050 and 0060) which explicitly teaches the pose determination unit is further configured to acquire the key points of the object under examination based on a deep learning network in order to provide user with the capabilities to automatically identifying patient poses prior to an imaging or scanning procedure and determining whether the patient pose is aligned with the required scanning protocols, referred to herein as pre-defined protocols (see abstract: figs. 1-5; paragraphs 0007, 0008, 0010, 0011, 0020, 0025, 0026, 0028, 0050 and 0060).
Hiriochi et al. and Zheng et al. disclose similar methods/apparatuses for X-ray imaging.
It 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 to provide teachings of the pose determination unit that is further configured to acquire the key points of the object under examination based on a deep learning network as suggested by Zheng et al. in the apparatus of Hiriochi et al., since such a modification would provide user with the capabilities to improve imaging accuracy by automatically identifying patient poses prior to the imaging or scanning procedure and determining whether the patient pose is aligned with the required scanning protocols, referred to herein as pre-defined protocols as needed.
It would have been obvious to treat Hiriochi et al. and Zheng et al. as related art whereby an improvement on one of the systems/methods would readily be apparent as an improvement on either of the systems.
The Examiner’s conclusion that claim 7 would have been obvious is based on the fact that all the claimed elements were known in the prior art, that one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and that the combination teaches nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. 398, 82 USPQ2d at 1385 (2007); Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson ’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atlantic & P. Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950).
Allowable Subject Matter
Claims 8-12 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.
Claim 15 is objected but would be allowable if rewritten as indicated above in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 8-12, the most relevant prior art, Hiriochi et al. (US PAP 2023/0267608 A1) teaches the X-ray imaging system according to claim 1 (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8)
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but fail to explicitly teach or make obvious that the X-ray imaging system further comprises a second camera configured to acquire a second optical image of the object under examination, so as to acquire at least one among the thickness, the height, the location, and the distance to a detector surface of the object under examination as claimed in combination with all of the remaining limitations of the base claim and any intervening claims.
With respect to claim 15, the most relevant prior art, Hiriochi et al. (US PAP 2023/0267608 A1) teaches an X-ray imaging system (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-0046, 0053-0055, 0062-0067, 0071-0103, 0106-0115, 0117, 0120-0129, 0133-0143, 0147; claims 1-8), comprising:
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a first camera (19), used to acquire a first optical image and a second optical images of an object under examination, respectively; a control apparatus (14), used to identify key points on the first optical image; and a display (20), comprising a graphical user interface, the graphical user interface being used to display a configuration interface, the first optical image, and the second optical image,
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the configuration interface comprising at least one among information of the object under examination, an exposure protocol, and a ‘ready to expose’ prompt, the key points being displayed on the first optical image, and at least one among the location of an exposure site and an exposure range being displayed on the second optical image; wherein the ‘ready to expose’ prompt is displayed when the key points of the object under examination satisfy a preset pose and the location of the exposure site is within the exposure range (see abstract; Figs. 1-24; paragraphs 0005-0014, 0019, 0040-00046, 0053-0055, 0062-0067, 0071-0103, 016-0155, 0117, 0120-0129, 0133-0143, 0147; claims 1-8) but fail to explicitly teach or make obvious a second camera, used to acquire a second optical image of the object under examination as claimed in combination with all of the remaining limitations of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRAKLI KIKNADZE whose telephone number is (571)272-6494. The examiner can normally be reached 9:00 AM - 6:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David J. Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Irakli Kiknadze
/IRAKLI KIKNADZE/
Primary Examiner, Art Unit 2884
/I.K./ November 13, 2025