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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/23/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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)(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 1-9 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2016/0361035 A1).
Regarding claim 1, Lee discloses a method of digital x-ray imaging (Figs.12B-15), including:
a) displaying a detectable body part of an object under examination on a display interface (Fig.12B);
b) determining a to-be-examined body position of the object from the detectable body part in response to a selection instruction on the detectable body part, the to-be-examined body position having a stitching body position (Figs.12B-15), the stitching body position being radiographed in a first direction to obtain a plurality of digital x-ray images, the digital x-ray images being stitched to generate a radiograph of the stitching body position and to form a stitching area O between adjacent digital x-ray images when stitching, and the first direction being a direction of a coronal axis or a sagittal axis of the object under examination (Figs.26A-C);
c) acquiring at least one region of interest of the stitching body position (pars.0202-0207);
d) determining a radiographic parameter set of the stitching body position, the radiographic parameter set including a plurality of travel points of an x-ray source and radiographic parameters about the x-ray source at the travel points (Fig.29, pars.0323-0330), the at least one region of interest being captured during the digital x-ray imaging and kept outside of the stitching area O by using the radiographic parameter set (Fig.12D, pars.0206-0208);
e) in response to a radiographing instruction on the stitching body position, controlling the x-ray source to move to the travel points along the first direction based on the radiographic parameter set, and emitting x-rays to the stitching body position for radiographing based on the radiographic parameters about the x-ray source at the travel points to obtain the digital x-ray images (pars.0323-0330); and
f) stitching the digital x-ray images in the first direction to obtain the radiograph of the stitching body position (Fig.29, step 326).
With respect to claim 2, Lee further discloses that the stitching body portion is a chest stitching position or an abdomen stitching portion (Figs.6 and 12D).
With respect to claim 3, Lee further discloses, in response to a radiographing instruction on the stitching body position, controlling a detector 200 to move based on the radiographic parameter set to receive the x-rays emitted at the travel points by the x-ray source 110 to obtain the digital x-ray images (par.0325).
With respect to claim 4, Lee further discloses that determining the radiographic parameter set of the stitching body position includes determining the radiographic parameter set of the stitching body position based on the at least one region of interest (pars.0207-0208).
With respect to claim 5, Lee further discloses that acquiring at least one region of interest of the stitching body position includes:
g) displaying a first image of the stitching body position on the display interface (Figs.12B-12E); and
h) in response to a user operation, determining the at least one region of interest of the stitching body position on the first image of the stitching body position (see at least pars.0204 and 0210).
With respect to claim 6, Lee further discloses that determining the radiographic parameter sets of the stitching body position includes:
i) according to the at least one region of interest determined on the first image, calculating a travel point and an x-ray exposure area associated with the at least one region of interest, the at least one region of interest being covered by the x-ray exposure area which covers the stitching area for stitching (Figs.12D, 12E; also see pars.0207-0212, the processor automatically recalculates the stitching regions based on user input based on region(s) of interest; and
j) acquiring the radiographic parameter set at least according to the travel point and the x-ray exposure area associated with the at least one region of interest (automatically recalculates imaging protocol based on modifications from user input, see at least pars.0204-0212).
With respect to claim 9, Lee further discloses that the acquiring the radiographic parameter set at least according to the travel point and the x-ray exposure area associated with the at least one region of interest includes:
k) according to the travel point and the x-ray exposure area associated with the at least one region of interest, determining whether a gap area at the stitching body position is not covered by the x-ray exposure area associated with the at least one region of interest, and acquiring the gap area when determining that the gap area exists (recalculates when it is determined that, after user modification, any of the x-ray exposure areas exceeds the size of the detector 200, then the x-ray exposure areas and travel points are recalculated: see at least par.0209);
l) determining a travel point and an x-ray exposure area associated with the gap area, to cover the gap area without overlapping with the at least one region of interest (par.0209); and
m) acquiring the radiographic parameter set according to the travel point and the x-ray exposure area associated with the at least one region of interest and the travel point and the x-ray exposure area associated with the gap area (par.0209); where
n) when determining that the gap area does not exist, acquiring the radiographic parameter set according to the travel point and the x-ray exposure area associated with the at least one region of interest (regions recalculated based on user input when no gap identified, par.0209).
With respect to claim 7, Lee further discloses that the acquiring at least one region of interest of the stitching body position includes, when receiving a trigger instruction to calibrate a region of interest, acquiring a travel point of the x-ray source and an irradiation field of an x-ray beam limiter under the trigger instruction to calibrate the at least one region of interest of the stitching body position (pars.0289-0290).
With respect to claim 8, Lee further discloses that the determining the radiographic parameter set of the stitching body position includes:
g) respectively taking the travel point of the x-ray source and the irradiation field of the x-ray beam limiter under the trigger instruction as a travel point and an x-ray exposure area associated with the at least one region of interest (par.0290); and
h) acquiring the radiographic parameter set at least according to the travel point and the x-ray exposure area associated with the at least one region of interest (par.0295).
With respect to claim 16, Lee further discloses:
g) an x-ray source 110 configured to emit x-rays to the object under examination;
h) a detector 200 configured to receive the x-rays penetrating the object under examination;
i) a driving member 14, 24, and/or 50 configured to drive the x-ray source 110 and/or the detector 200 to move (pars.0325 and 0328); and
j) a processor 140 configured to execute the method according to claim 1.
Claims 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spivey (US 5,712,890 A).
Regarding claim 14, Spivey discloses a digital x-ray imaging method, including:
a) controlling an x-ray source 3 to emit x-rays to a stitching body position of an object 1 under examination, receiving the x-rays penetrating the stitching body position via a single detector 15 to obtain a plurality of digital x-ray images in at least two directions respectively (panes 1-4, Fig.3a); and
b) stitching the digital x-ray images along the at least two directions to obtain a radiograph of the stitching body position (Figs.6a, 6b, 15 and 16).
With respect to claim 15, Spivey further discloses that the digital x-ray images in at least two directions includes a plurality of digital x-ray images along a direction of a coronal axis and a plurality of digital images along a direction of a sagittal axis (Figs.1-3).
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 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.
Claims 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Schlueter (EP 3996033 A1, see IDS filed 9/23/2025).
Regarding claim 10, Lee discloses a method of digital x-ray imaging, including:
a) configuring a current digital imaging mode in response to a mode configuring instruction, the current digital imaging mode including at least two of a first stitching mode, a second stitching mode, and a third stitching mode (AP, PA, and LAT of various body regions, Fig.6), where the third stitching mode includes radiographing a stitching body position along a direction of a vertical axis of the object under examination to obtain a plurality of digital x-ray images that are stitched to generate a radiograph of the stitching body position (Figs.12B-15); where
b) when the current digital imaging mode is the third stitching mode, controlling the x-ray source to emit x-rays to the stitching body position of the object under examination to obtain the digital x-ray images in the direction of the vertical axis (Figs.12B-15); and
c) stitching the digital x-ray images along the direction of the vertical axis to obtain the radiograph of the stitching body portion.
Further regarding claim 10, Lee does not specifically disclose a first or a second stitching mode where the scanning direction and the corresponding stitching directions are in the direction of the coronal or sagittal axes.
Schlueter teaches the common practices of various stitching modes, including a scanning and stitching mode that acquires digital x-ray images and stitches the images along the direction of the coronal axis (Fig.6), and a scanning and stitching mode that acquires digital x-ray images and stitches the images along the direction of the vertical axis (Fig.7) for a given anatomical region of the patient, as known in the art.
It would have been obvious to one of ordinary skill in the art at the time of the invention for Lee to offer acquisition modes including acquiring digital x-ray images along at least the coronal axis and stitching the acquired images along the corresponding axis, as suggested by Schlueter, as routine means of acquiring anatomical images when the imaging regions exceed the size of the available detector(s), as known in the art.
With respect to claim 13, Lee further teaches switching among imaging modes in response to a triggering of a mode switching button (Fig.6), where the modes may be at least the first stitching mode, the second stitching mode and/or the third stitching mode, as suggested by Schlueter.
It would have been obvious to one of ordinary skill in the art at the time of the invention for Lee to offer acquisition modes including acquiring digital x-ray images along at least the coronal axis and stitching the acquired images along the corresponding axis, as suggested by Schlueter, as routine means of acquiring anatomical images when the imaging regions exceed the size of the available detector(s), as known in the art.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee and Schlueter, as applied to claim 10 above, in view of Spivey (US 5,712,890).
With respect to claim 11, the combination of Lee and Schlueter teaches the routine practices of selecting scanning and stitching modes in any one direction.
However, neither Lee nor Schlueter teach the practice of selecting a fourth stitching mode such that, when the current digital imaging mode is the fourth stitching mode, controlling the x-ray source to emit x-rays to the stitching body position of the object under examination to obtain a plurality of digital x-ray images in the at least two directions, and stitching the digital x-ray images along the at least two directions to obtain the radiograph of the stitching body position. Lee teaches the selection of various modes that only scan and stitch along the vertical axis, and Schlueter teaches of imaging modes where scanning and stitching take place along only one axis (Figs.6 and Fig.7), where Schlueter teaches stitching the images along two orthogonal axes for compensating for imperfect manual positioning (Fig.10).
Spivey teaches the practice of scanning and stitching along two orthogonal axes with respect to the patient in order to acquire an image of a stitched body position (Figs.1-3) in order to acquire the desired image with the given detector size available.
It would have been obvious to one of ordinary skill in the art at the time of the invention for the prior art combination of Lee and Schlueter to provide the additional selection of a fourth stitching mode, where the stitching body position is radiographed along at least two directions of the object under examination to obtain the plurality of digital x-ray images that are stitched to generate the radiograph of the stitching body position, the at least two directions include at least two of the coronal, sagittal and vertical axes of the object under examination, such that, when the current digital imaging mode is the fourth stitching mode, controlling the x-ray source to emit x-rays to the stitching body position of the object under examination to obtain a plurality of digital x-ray images along two directions corresponding to at least two orthogonal axes with respect to the patient, and stitching the digital x-ray images along the at least two directions to obtain the radiograph of the stitching body position, in order to acquire a stitched body position with a limited detector size, as suggested by Spivey and as generally appreciated in the art.
With respect to claim 12, it would have been obvious to one of ordinary skill in the art at the time of the invention that the combination of Lee, Schlueter and Spivey above necessarily requires that the final radiograph, acquired by the fourth stitching mode, is stitched together by stitching adjacent images together in the direction in which they were acquired according to the imaging protocol, as taught by Spivey and suggested by Schlueter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US patent documents to Sato et al. and to Halsmer et al. each teach customizable imaging protocols for stitching, and the remaining documents are US family members of cited art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS R ARTMAN whose telephone number is (571)272-2485. The examiner can normally be reached Monday-Thursday 10am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached on 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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THOMAS R. ARTMAN
Primary Examiner
Art Unit 2884
/THOMAS R ARTMAN/ Primary Examiner, Art Unit 2884