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 claim: 1, 7; canceled claims: 5-6; the rest is unchanged.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/30/2026 has been entered.
Response to Arguments
Applicant's arguments filed 06/30/2026 have been fully considered but they are not persuasive. Applicant argues in pg.4 of the remarks that the prior arts are silent about: “control the optical camera to capture and collect a plurality of optical camera images of the specimen in color, wherein the plurality of optical camera images comprise multiple separately captured optical images of the specimen obtained at different times before the x-ray source irradiates the specimen”. The examiner respectfully disagrees. Butani et al. (1) teach an optical camera in para. [0003]-[0008], [0034] to capture colored images of the sample being x-rayed. Para. [0003]-[0008] also teach the optical image is taken separately from the x-ray image. The optical image is taken to get the orientation of the sample being x-rayed; in other words an optical image is taken before the x-ray image. Para. [0094]-[0095] teach of Butani et al. (1) teach overlaying optical images. Additionally, the applicant asserts that the prior arts do not teach simultaneously taking images. Para. [0090] of Butani et al. teaches “In one embodiment, pressing this command can simultaneously or in substantially close proximity in time, the computer commands the optical camera and X-ray source in conjunction with the X-ray detector to capture images from both sources, the latter being an X-ray image or series of images from which tomosynthetic images can be assembled”. Therefore, the rejection is maintained.
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 1-4, 6-9 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 Butani et al. (1) (US 2020/0340931 A1; pub. Oct. 29, 2020).
Regarding claim 1, Butani et al. disclose: A cabinet x-ray irradiator and optical camera system for performing x-ray irradiation and optical images of a specimen (abstract), the system comprising: a cabinet defining an interior chamber (para. [0013]); a display (para. [0013]); an x-ray system including: an x-ray source (para. [0013]); and a specimen platform (para. [0013]); an optical camera configured to capture camera images of the specimen in color (para. [0013], [0051]); and a controller configured to: control the optical camera to capture and collect a plurality of optical camera images of the specimen in color (para. [0051]), wherein the plurality of optical camera images comprise multiple separately captured optical images of the specimen obtained at different times (para. [0084]); then, display the resultant plurality of optical camera images of the specimen on the display in color (para. [0014], [0051]), selectively energize the x-ray source to emit x-rays and irradiate through the specimen (para. [0118]-[0121]).
Butani et al. are silent about: the plurality of optical camera images comprise multiple separately captured optical images of the specimen obtained at different times before the x-ray source irradiates the specimen; then, and before the x-ray source is energized, display the resultant plurality of optical camera images of the specimen on the display in color as overlaid together with one another to verify specimen orientation prior to irradiation; and after displaying the resultant plurality of optical camera images and in response to a confirmation of specimen orientation from the displayed plurality of optical camera images in color, selectively energize the x-ray source to emit X- rays and irradiate through the specimen.
In a similar field of endeavor Butani et al. (1) disclose: the plurality of optical camera images comprise multiple separately captured optical images of the specimen obtained at different times before the x-ray source irradiates the specimen; then, and before the x-ray source is energized (para. [0004], [0008] teach first getting an orientation of the specimen with a NIR camera/optical camera, para. [0034] teaches using the camera to imaged sample being x-rayed, para. [0094]-[0095]), display the resultant plurality of optical camera images of the specimen on the display in color as overlaid together with one another to verify specimen orientation prior to irradiation (para. [0004], [0008] teach first getting an orientation of the specimen with a NIR camera/optical camera, para. [0094]-[0095]); and after displaying the resultant plurality of optical camera images and in response to a confirmation of specimen orientation from the displayed plurality of optical camera images in color, selectively energize the x-ray source to emit X- rays and irradiate through the specimen (para. [0004], [0008] teach first getting an orientation of the specimen with a NIR camera/optical camera, para. [0094]-[0095]) motivated by the benefits to efficiently provide accurate three-dimensional imaging of a specimen in which overlapping images having differing attenuation characteristics (Butani et al. (1) para. [0040]).
In light of the benefits to efficiently provide accurate three-dimensional imaging of a specimen in which overlapping images having differing attenuation characteristics as taught by Butani et al. (1), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify the apparatus of Butani et al. using the teachings of Butani et al. (1).
Regarding claim 2, Butani et al. disclose: the cabinet comprises a walled enclosure surrounding the interior chamber (para. [0072]), a door (fig.2 item 24) configured to cover the interior chamber and a sampling chamber within the interior chamber for containing the specimen.
Regarding claim 3, Butani et al. disclose: the specimen platform is configured for excised tissue, organ or bone specimens (para. [0005], [0011]).
Regarding claim 4, Butani et al. disclose: the specimen platform is configured for any organic or inorganic specimen that fits inside an x-ray cabinet (para. [0010]).
Regarding claim 7, Butani et al. disclose: the orientation of the specimen the optical image are substantially the same (para. [0014]).
Regarding claim 8, Butani et al. disclose: the controller is configured to selectively display the optical image on the display simultaneously side-by-side or picture-in-a-picture (para. [0118]).
Regarding claim 9, Butani et al. disclose: the plurality of optical camera images comprise reflected visible light or emitted electromagnetic wavelengths (para. [0119]).
Conclusion
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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