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 .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claims status: all claims are unchanged.
Response to Arguments
Applicant's arguments filed 01/23/2026 have been fully considered but they are not persuasive. Applicant argues in pg.11 of the remarks that Sun et al. and Wang et al. alone or in combination fail to teach: “identifying at least one further acquisition trajectory around at least one further isocenter”. The examiner respectfully disagrees. Para. [0320], [0435]-[0436] of Sun et al. teach the imaging device moves to a plurality positions around the imaging isocenter. Additionally, applicant argues that the collision-free positioning of Sun et al. is defined by abandonment of isocenter. The abandonment of an isocenter of Sun et al. is one possible embodiment as taught by Sun et al. in para. [0439]. Furthermore, applicant asserts in pg.12 of the remarks that Sun et al. and Wang et al. alone or in combination do not teach: "the at least one further acquisition trajectory enables a collision-free positioning of the imaging device and a 3D reconstruction of the examination region based on image data that is acquirable by the medical imaging device along the at least one further acquisition trajectory". Para. [0256], [0320], [0435]-[0436] of Sun et al. teach the imaging device moves to a plurality positions around the imaging isocenter for 3D image acquisition. Wang et al. teach 3D image reconstruction (para. [0042]). In pg.13 of the remarks applicant asserts that Sun et al. and Wang et al. alone or in combination do not teach: "the at least one further isocenter predefines a permissible range of relative positionings of the medical imaging device and the patient positioning apparatus,". The apparatus of Sun et al. is directed to a collision free imaging device and para. [0256], [0320], [0435]-[0436] teach the imaging device moves to a plurality positions around the imaging isocenter for 3D image acquisition. Para. [0298]-[0299] teach the isocenter is previously determined and saved. Wang et al. teach in para. [0088] predicted collision free imaging areas. Sun et al. & Wang et al. teach all the limitations of claim 1. Therefore, the rejection is maintained and made final.
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 1-2, 6, 9-14, 16, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (WO 2022/032455 A1; pub. Feb. 17, 2022) in view of Wang et al. (CN111437522A; pub. July 24, 2020).
Regarding claim 1, Sun et al. disclose: A method for collision avoidance when positioning a medical imaging device and a patient positioning apparatus (para. [0064]), the method comprising:
capturing a representation of an examination object that is arranged on a mobile patient positioning apparatus (para. [0043], [0052], [0226]);
identifying an examination region to be mapped of the examination object based on a representation (para. [0052]);
identifying an initial acquisition trajectory around an initial isocenter (para. [0051], [0064]), wherein the initial acquisition trajectory enables a three-dimensional (3D) of the examination region based on image data that is acquirable by the medical imaging device along the initial acquisition trajectory (para. [0223]);
positioning the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus such that an isocenter of the medical imaging device substantially coincides with the initial isocenter (para. [0310], [0468], [0479]-[0481], [0484] the para. teach using a saved trajectory to adjust the different components to avoid collision, para. [0298] teaches the medical imaging device may have an imaging isocenter around which the medical imaging device may rotate, therefore, it would have been obvious to one of ordinary skill to have coinciding isocenters); identifying at least one further acquisition trajectory around at least one further isocenter (para. [0417], [0479]-[0481], [0484]), wherein the at least one further acquisition trajectory enables a collision-free positioning of the imaging device and a 3D image of the examination region based on image data that is acquirable by the medical imaging device along the at least one further acquisition trajectory (para. [0417], [0320], [0435]-[0436], [0479]-[0481], [0484]), and wherein the at least one further isocenter predefines a permissible range of relative positionings of the medical imaging device and the patient positioning apparatus (para. [0479]-[0481], [0484], [0577], [0582]); and
repositioning the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus (para. [0479]-[0481], [0484], [0577], [0582]).
Sun et al. are silent about: a three-dimensional (3D) reconstruction of the examination region, acquisition trajectory enables a three-dimensional (3D) reconstruction of the examination region based on image data that is acquirable by the medical imaging device along the acquisition trajectory.
In a similar field of endeavor, Wang et al. disclose: a three-dimensional (3D) reconstruction of the examination region, acquisition trajectory enables a three-dimensional (3D) reconstruction of the examination region based on image data that is acquirable by the medical imaging device along the acquisition trajectory (para. [0046], [0050]-[0051]); motivated by the benefits for improving safety in an examination room.
In light of the benefits for improving safety in an examination room, 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 method of Sun et al. with the teachings of Wang et al.
Regarding claim 2, Wang et al. disclose: identifying a plurality of further acquisition trajectories around one further isocenter in each case, the plurality of further acquisition trajectories in each case enabling the collision-free positioning of the medical imaging device and the 3D reconstruction of the examination region based on image data that is acquirable by the medical imaging device along the respective further acquisition trajectory (para. [0046], [0050]-[0051]) motivated by the benefits for improving safety in an examination room.
Regarding claim 6, Sun et al. disclose: the representation of the examination object has an image, a model, or an image and a model of at least one anatomical structure, a medical object in the examination object, or the at least one anatomical structure and the medical object in the examination object, and
wherein a spatial area that at least partially comprises the at least one anatomical structure, the medical object, or the at least one anatomical structure and the medical object is identified as the examination region to be mapped (para. [0417]-[0418]).
Regarding claim 9, Sun et al. disclose: the initial isocenter, the at least one further isocenter, or the initial isocenter and the at least one further isocenter are identified based on geometric, anatomical, or geometric and anatomical features of the examination region to be mapped (para. [0626]).
Regarding claim 10, Sun et al. disclose: the medical imaging device comprises a medical X- ray device with an X-ray detector and an X-ray source that are arranged in a defined arrangement on an arcuate structure, and
wherein the initial acquisition trajectory and the at least one further acquisition trajectory specify a movement of the defined arrangement around the respective isocenter (para. [0155]-[0156]).
Regarding claim 11, Sun et al. disclose: acquiring, by the medical imaging device, image data of the examination region after the repositioning of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus (para. [0479]-[0481])
Wang et al. disclose: a result data set having 3D mapping of the examination region by reconstruction is provided from the image data (para. [0046], [0050]-[0051]) motivated by the benefits for improving safety in an examination room.
Regarding claim 12, Sun et al. disclose:
a medical imaging device (fig.1); and
a patient positioning apparatus (fig.1 item 114),
wherein the medical imaging device and the patient positioning apparatus are configured for collision avoidance when positioning a medical imaging device and a patient positioning apparatus, the collision avoidance (para. [0477] – [0480]) comprising:
capture of a representation of an examination object that is arranged on a mobile patient positioning apparatus (para. [0477] – [0480]);
identification of an examination region to be mapped of the examination object based on a representation (para. [0052]);
identification of an initial acquisition trajectory around an initial isocenter, wherein the initial acquisition trajectory enables a three-dimensional (3D) of the examination region based on image data that is acquirable by the medical imaging device along the initial acquisition trajectory (para. [0223], [0477] – [0480]);
position of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus such that an isocenter of the medical imaging device substantially coincides with the initial isocenter (para. [0310], [0468], [0477]-[0481], [0484] the para. teach using a saved trajectory to adjust the different components to avoid collision, para. [0298] teaches the medical imaging device may have an imaging isocenter around which the medical imaging device may rotate, therefore, it would have been obvious to one of ordinary skill to have coinciding isocenters);
identification of at least one further acquisition trajectory around at least one further isocenter, wherein the at least one further acquisition trajectory enables a collision- free positioning of the imaging device and a 3D image of the examination region based on image data that is acquirable by the medical imaging device along the at least one further acquisition trajectory (para. [0417], [0477]-[0481], [0484]), and wherein the at least one further isocenter predefines a permissible range of relative positionings of the medical imaging device and the patient positioning apparatus (para. [0417], [0477]-[0481], [0484]); and
reposition of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus (para. [0417], [0477]-[0481], [0484]),
wherein the reposition is limited to the permissible range of the relative positionings (para. [0417], [0477]-[0481], [0484]).
Sun et al. are silent about: a three-dimensional (3D) reconstruction of the examination region, acquisition trajectory enables a three-dimensional (3D) of the examination region based on image data that is acquirable by the medical imaging device.
In a similar field of endeavor, Wang et al. disclose: a three-dimensional (3D) reconstruction of the examination region, acquisition trajectory enables a three-dimensional (3D) of the examination region based on image data that is acquirable by the medical imaging device (para. [0046], [0050]-[0051]); motivated by the benefits for improving safety in an examination room.
In light of the benefits for improving safety in an examination room, 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 Sun et al. with the teachings of Wang et al.
Regarding claim 13, Sun et al. disclose: an anon-transitory computer-readable storage medium that stores instructions executable by one or more processors for collision avoidance when positioning a medical imaging device and a patient positioning apparatus (para. [0477]-[0481]), the instructions comprising:
capturing a representation of an examination object that is arranged on a mobile patient positioning apparatus (para. [0043], [0052], [0226]);
identifying an examination region to be mapped of the examination object based on a representation (para. [0052]);
identifying an initial acquisition trajectory around an initial isocenter (para. [0051], [0064]), wherein the initial acquisition trajectory enables a three-dimensional (3D) image of the examination region based on image data that is acquirable by the medical imaging device along the initial acquisition trajectory (para. [0310], [0468], [0477]-[0481], [0484] the para. teach using a saved trajectory to adjust the different components to avoid collision, para. [0298] teaches the medical imaging device may have an imaging isocenter around which the medical imaging device may rotate, therefore, it would have been obvious to one of ordinary skill to have coinciding isocenters);
positioning the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus such that an isocenter of the medical imaging device substantially coincides with the initial isocenter (para. [0310], [0468], [0477]-[0481], [0484] the para. teach using a saved trajectory to adjust the different components to avoid collision, para. [0298] teaches the medical imaging device may have an imaging isocenter around which the medical imaging device may rotate, therefore, it would have been obvious to one of ordinary skill to have coinciding isocenters);
identifying at least one further acquisition trajectory around at least one further isocenter (para. [0417], [0477]-[0481], [0484]), wherein the at least one further acquisition trajectory enables a collision-free positioning of the imaging device and a 3D image of the examination region based on image data that is acquirable by the medical imaging device along the at least one further acquisition trajectory, and wherein the at least one further isocenter predefines a permissible range of relative positionings of the medical imaging device and the patient positioning apparatus (para. [0417], [0477]-[0481], [0484]);
repositioning the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus (para. [0417], [0477]-[0481], [0484]),
wherein the repositioning is limited to the permissible range of the relative positionings (para. [0417], [0477]-[0481], [0484]).
Sun et al. are silent about: a three-dimensional (3D) reconstruction of the examination region.
In a similar field of endeavor, Wang et al. disclose: a three-dimensional (3D) reconstruction of the examination region (para. [0046], [0050]-[0051]); motivated by the benefits for improving safety in an examination room.
In light of the benefits for improving safety in an examination room, 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 Sun et al. with the teachings of Wang et al.
Regarding claim 14, Sun et al. disclose: the instructions further comprise identifying a plurality of further acquisition trajectories around one further isocenter in each case, the plurality of further acquisition trajectories in each case enabling the collision-free positioning of the medical imaging device and the 3D image of the examination region based on image data that is acquirable by the medical imaging device along the respective further acquisition trajectory (para. [0417], [0477]-[0481], [0484]). Wang et al. disclose: a three-dimensional (3D) reconstruction of the examination region (para. [0046], [0050]-[0051]); motivated by the benefits for improving safety in an examination room.
Regarding claim 16, Sun et al. disclose: a user input by operating personnel is captured by an input unit, and
wherein the repositioning of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus takes place as a function of the user input (para. [0308], [0478]).
Regarding claim 18, Sun et al. disclose: the representation of the examination object has an image, a model, or an image and a model of at least one anatomical structure, a medical object in the examination object, or the at least one anatomical structure and the medical object in the examination object, and wherein a spatial area that at least partially comprises the at least one anatomical structure, the medical object, or the at least one anatomical structure and the medical object is identified as the examination region to be mapped (para. [0417]-[0418]).
Claims 3, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (WO 2022/032455 A1; pub. Feb. 17, 2022) in view of Wang et al. (CN111437522A; pub. July 24, 2020) and further in view of Tong et al. (CN111176274A; pub. May 19, 2020).
Regarding claim 3, the combined references are silent about: during the repositioning of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus, a speed of movement of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus is reduced when approaching a border area of the permissible range of relative positionings.
In a similar field of endeavor, Tong et al. disclose: during the repositioning of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus, a speed of movement of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus is reduced when approaching a border area of the permissible range of relative positionings (para. [0012]) motivated by the benefits for effective collision avoidance (Tong et al. para. [0011]).
In light of the benefits for effective collision avoidance as taught by Tong 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 modify the method of Sun et al. and Wang et al. with the teachings of Tong et al.
Regarding claim 15, the combined references are silent about: during the repositioning of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus, a speed of movement of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus is reduced when approaching a border area of the permissible range of relative positionings.
In a similar field of endeavor, Tong et al. disclose: during the repositioning of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus, a speed of movement of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus is reduced when approaching a border area of the permissible range of relative positionings (para. [0012]) motivated by the benefits for effective collision avoidance (Tong et al. para. [0011]).
In light of the benefits for effective collision avoidance as taught by Tong 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 modify the apparatus of Sun et al. and Wang et al. with the teachings of Tong et al.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (WO 2022/032455 A1; pub. Feb. 17, 2022) in view of Wang et al. (CN111437522A; pub. July 24, 2020) and further in view of Stanchev et al. (US 2022/0379140 A1; pub. Dec. 1, 2022).
Regarding claim 4, the combined references are silent about: a user input by operating personnel is captured by an input unit, and
wherein the repositioning of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus takes place as a function of the user input.
In a similar field of endeavor, Stanchev et al. disclose: a user input by operating personnel is captured by an input unit, and
wherein the repositioning of the medical imaging device, the patient positioning apparatus, or the medical imaging device and the patient positioning apparatus takes place as a function of the user input (para. [0061]-[0063], [0067]) motivated by the benefits for a more precise patient positioning that avoids collisions (Stanchev et al. para. [0062]-[0063]).
In light of the benefits for a more precise patient positioning that avoids collisions as taught by Stanchev 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 modify the method of Sun et al. and Wang et al. with the teachings of Stanchev et al.
Claims 5, 8, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (WO 2022/032455 A1; pub. Feb. 17, 2022) in view of Wang et al. (CN111437522A; pub. July 24, 2020) and further in view of Nord et al. (US 2018/0243584 A1; pub. Aug. 30, 2018).
Regarding claim 5, the combined references are silent about: a graphic display of the permissible range is indicated by a display unit.
In a similar field of endeavor, Nord et al. disclose: a graphic display of the permissible range is indicated by a display unit (para. [0070]-[0071]) motivated by the benefits to ensure safety and usability of a radiation treatment plan (Nord et al. para. [0049]).
In light of the benefits to ensure safety and usability of a radiation treatment plan as taught by Nord 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 modify the method of Sun et al. and Wang et al. with the teachings of Nord et al.
Regarding claim 8, the combined references are silent about: the initial isocenter is identified based on a user input by operating personnel using an input unit.
In a similar field of endeavor, Nord et al. disclose: the initial isocenter is identified based on a user input by operating personnel using an input unit (para. [0079], [0088]) motivated by the benefits to ensure safety and usability of a radiation treatment plan (Nord et al. para. [0049]).
In light of the benefits to ensure safety and usability of a radiation treatment plan as taught by Nord 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 modify the method of Sun et al. and Wang et al. with the teachings of Nord et al.
Regarding claim 17, the combined references are silent about: a graphic display of the permissible range is indicated by a display unit.
In a similar field of endeavor, Nord et al. disclose: a graphic display of the permissible range is indicated by a display unit (para. [0070]-[0071]) motivated by the benefits to ensure safety and usability of a radiation treatment plan (Nord et al. para. [0049]).
In light of the benefits to ensure safety and usability of a radiation treatment plan as taught by Nord 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 modify the apparatus of Sun et al. and Wang et al. with the teachings of Nord et al.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (WO 2022/032455 A1; pub. Feb. 17, 2022) in view of Wang et al. (CN111437522A; pub. July 24, 2020) and further in view of Zhang et al. (WO2022205577 A1; pub. Oct. 06, 2022).
Regarding claim 7, the combined references are silent about: the representation of the examination object has a candidate position in each case with regard to the at least one anatomical structure, the medical object to be mapped, modeled, or mapped and modeled, or a combination thereof, and
wherein the initial isocenter is identified at a candidate position within the examination region to be mapped.
In a similar field of endeavor, Zhang et al. disclose: the representation of the examination object has a candidate position in each case with regard to the at least one anatomical structure, the medical object to be mapped, modeled, or mapped and modeled, or a combination thereof, and
wherein the initial isocenter is identified at a candidate position within the examination region to be mapped (para. [0006]) motivated by the benefits for a method that can treat a tumor regardless of it changes over time (Zhang et al. para. [0004]).
In light of the benefits for a method that can treat a tumor regardless of it changes over time as taught by Zhang 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 modify the method of Sun et al. and Wang et al. with the teachings of Zhang et al.
Conclusion
THIS ACTION IS MADE FINAL. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAMADOU FAYE/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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