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 .
Claims status: amended claims: 1, 8, 11; canceled claim: 6; the rest is unchanged.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Two new references are currently being used in the present rejection.
Additionally, applicant argues in pg.9-10 of the remarks that Butani et al. do not teach concurrently capturing both a standard x-ray image and a photon-counting image. In para. [0041] Butani et al. teach: concurrently capturing both a standard x-ray image and a photon-counting image. Furthermore, applicant argues in pg.10 of the remarks that the prior arts of record do not teach: only receive video data from the photon detector and determine an orientation and density composition of the specimen based on the captured photon data. A new reference Liriano is now being used to the teach “only receive video data from the photon detector and determine an orientation and density composition of the specimen based on the captured photon data”. Therefore, the rejection is maintained and made final.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 recites the limitation "the photon detector" in L21. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the photon detector" in L22. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the photon detector" in L22. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-5, 7, 9-10, 12-15 are rejected on the same basis as claims 1, 8, 11 for dependency reasons.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-5, 7-15 are rejected under 35 U.S.C. 103 as being unpatentable over Butani et al. (US 2021/0199603 A1; pub. Jul. 1, 2021) in view of Jin et al. (US 2018/0192977 A1; pub. Jul. 12, 2018) and further in view of Liriano (US 2017/0345616 A1; pub. Nov. 30, 2017).
Regarding independent claim 1, Butani et al. disclose in a first embodiment: A cabinet x-ray image system for obtaining x-ray images and colorized or grey scale density x-ray images of a specimen, the system comprising:a cabinet defining an interior chamber wherein the cabinet comprises a walled enclosure surrounding the interior chamber (para. [0072]), a door configured to cover the interior chamber and a sampling chamber for containing the specimen (para. [0015], [0072]); wherein confined within the cabinet are:an optical camera configured to capture an optical image of the specimen (para. [0013]) an x-ray system including: a multispectral x-ray source (abstract, para. [0041]); an x-ray detector including a photon-counting detector (abstract, para. [0041]); and a specimen platform (abstract);
a display (para. [0015]); a controller configured to: selectively energize the x-ray source to emit x-rays
through the specimen to the x-ray detector (para. [0016]); create a density x-ray image of the specimen wherein the densities of the different areas of the specimen are displayed via Analog Digital Units (para. [0101]-[0103]); and selectively display the density x-ray image of the specimen on the display (para. [0016]).
In the first embodiment Butani et al. are silent about: an x-ray detector including a photon-counting detector configured to detect and individually count discrete photon events according to one or more energy thresholds; control the optical camera and the x-ray detector to collect a projection x-ray image of the specimen including concurrently capturing a standard x-ray image, a photon-counting image, and a real-time image when the x-ray source is energized; wherein the density of different areas of the specimen is determined from discrete photon-event counts classified into separate energy bins and wherein different materials are differentiated based upon photon counts within the separate energy bins, only receive video data from the photon detector and determine an orientation and density composition of the specimen based on the captured photon data.
In a further embodiment Butani et al. disclose: control the optical camera and the x-ray detector to collect a projection x-ray image of the specimen including concurrently capturing a standard x-ray image, a photon-counting image, and a real-time image when the x-ray source is energized (para. [0041], [0045], [0123]), motivated by the benefits for detecting different densities of the sample (Butani et al. para. [0123]).
In light of the benefits for detecting different densities of the sample as taught by Butani et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the two embodiments of Butani et al.
In a similar field of endeavor Jin et al. disclose: an x-ray detector including a photon-counting detector configured to detect and individually count discrete photon events according to one or more energy thresholds (para. [0005], [0009], [0043]); wherein the density of different areas of the specimen is determined from discrete photon-event counts classified into separate energy bins and wherein different materials are differentiated based upon photon counts within the separate energy bins (para. [0005], [0009], [0043]) motivated by the benefits for improved signal to noise ratio and signal fidelity.
In light of the benefits for improved signal to noise ratio and signal fidelity, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Butani et al. with the teachings of Jin et al.
Jin et al. are silent about: only receive video data from the photon detector and determine an orientation and density composition of the specimen based on the captured photon data.
In a similar field of endeavor Liriano discloses: only receive video data from the photon detector and determine an orientation and density composition of the specimen based on the captured photon data (para. [0008], [0030]) motivated by the benefits for improved signal to noise ratio.
In light of the benefits for improved signal to noise ratio, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Butani et al. and Jin et al. with the teachings of Liriano
Regarding claim 2, Butani et al. disclose: the specimen platform is configured for excised tissue, organ or bone specimens (para. [0004]).
Regarding claim 3, Butani et al. disclose: the specimen platform is configured for any organic or inorganic specimen that fits inside an x-ray cabinet (para. [0004]).
Regarding claim 4, Butani et al. disclose: the cabinet x-ray image system further includes: an optical camera configured to capture an optical image of the specimen; and the controller is further configured to: control the optical camera system to capture and collect the optical image of the specimen; and selectively display the density x-ray image and the optical image of the specimen on the display (para. [0007], [0013], [0016]).
Regarding claim 5, Butani et al. disclose: the density x-ray image and the optical image of the specimen are displayed overlaid (para. [0042]).
Regarding claim 7, Butani et al. disclose: the different areas of the specimen of the density x-ray image are displayed in different grey scale, different color or different shades of color (para. [0101]-[0102]).
Regarding claim 8, Butani et al., Jin et al. and Liriano disclose: A method for obtaining x-ray images and colorized or grey scale density x-ray images of a specimen using a cabinet x-ray image system, wherein the cabinet x-ray image system comprises: a cabinet defining an interior chamber wherein the cabinet comprises a walled enclosure surrounding the interior chamber, a door configured to cover the interior chamber and a sampling chamber for containing the specimen, wherein confined within the cabinet are: an optical camera configured to capture an optical image of the specimen; an x-ray system including: an x-ray source; an x-ray detector including a photon-counting detector; and a specimen platform; and a display; the method comprising: using the photon-counting detector to detect and individually count discrete photon events according to one or more energy thresholds; using a controller to: selectively energize the x-ray source to emit x-rays through the specimen to the x-ray detector; control the optical camera and x-ray detector to collect a projection x-ray image of the specimen including concurrently capturing a standard x-ray image, a photon-counting image, and a real-time image when the x-ray source is energized; only receive video data from the photon detector and determine an orientation and density composition of the specimen based on the captured photon data; wherein the density of different areas of the specimen is determined from discrete photon-event counts classified into separate energy bins; create a density x-ray image of the specimen wherein the densities of the different areas of the specimen are displayed via Analog Digital Units and wherein different materials are differentiated based upon photon counts within the separate energy bins; and selectively display the density x-ray image of the specimen on the display (the claim contains the same substantive limitations as claim 1, therefore the claim is rejected on the same basis).
Regarding claim 9, Butani et al. disclose: the controller is further configured to:
control the optical camera system to capture and collect the optical image of the specimen; and
selectively display the density x-ray image and the optical image of the specimen on the display; and the method further includes
controlling the optical camera system to capture and collect the optical image of the specimen; and
selectively displaying the density x-ray image and the optical image of the specimen on the display (para. [0119]).
Regarding claim 10, Butani et al. disclose: the density x-ray image and the optical image of the specimen are displayed overlaid (para. [0007]).
Regarding claim 11, Butani et al., Jin et al. and Liriano disclose: A method for obtaining x-ray images and colorized or grey scale density x-ray images of a specimen using a cabinet x-ray image system, wherein the cabinet x- ray image system comprises: a cabinet defining an interior chamber wherein the cabinet comprises a walled enclosure surrounding the interior chamber, a door configured to cover the interior chamber and a sampling chamber for containing the specimen, wherein confined within the cabinet are: an x-ray system including: an x-ray source; an x-ray detector including a photon-counting detector; and a specimen platform; a display; the method comprising: using the photon-counting detector to detect and individually count discrete photon events according to one or more energy thresholds; using a controller to: selectively energize the x-ray source to emit x-rays through the specimen to the photon-counting detector; and control the optical camera and the x-ray detector to collect a projection x- ray image of the specimen including concurrently capturing a standard x-ray image, a photon-counting image, and a real-time image when the x-ray source is energized; only receive video data from the photon detector and determine an orientation and density composition of the specimen based on the captured photon data; wherein the density of different areas of the specimen is determined from discrete photon-event counts classified into separate energy bins; create a density x-ray image of the specimen wherein the densities of the different areas of the specimen are displayed via Analog Digital Units and wherein different materials are differentiated based upon photon counts within the separate energy bins; and selectively display the density x-ray image of the specimen on the display (the claim contains the same substantive limitations as claim 1, therefore the claim is rejected on the same basis).
Regarding claim 12, Butani et al. disclose the controller is further configured to: control the optical camera system to capture and collect the optical image of the specimen (para. [0041]); and selectively display the density x-ray image and the optical image of the specimen on the display (para. [0016]); and the method further includes controlling the optical camera system to capture and collect the optical image of the specimen (para. [0041]); and selectively displaying the density x-ray image and the optical image of the specimen on the display (para. [0016]).
Regarding claim 13, Butani et al. disclose: the x-ray detector utilized performs photon-counting (para. [0019]).
Regarding claim 14, Butani et al. disclose: the photon-counting detector may be photomultipliers, Geiger counters, single-photon avalanche diodes, superconducting nanowire single-photon detectors, transition edge sensors, CCD, scintillation counters, and hybrid pixel photon counting detectors (para. [0054]).
Regarding claim 15, Butani et al. disclose: the different areas of the specimen that are photon-counted are displayed in different grey scale, different color or different shades of color (para. [0016]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAMADOU FAYE whose telephone number is (571)270-0371. The examiner can normally be reached Mon – Fri 9AM-6PM.
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/MAMADOU FAYE/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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