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 .
Response to Amendment
In response to the Office action dated on 10/22/2025 the Amendment has been received on 02/02/2026. Claim 1 has been amended. Claims 16-19 have been newly added. Claims 1-19 are currently pending in this application.
Response to Arguments
Applicant’s arguments, see pages 6-9, filed on 02/02/2026, with respect to the rejections of claims 1-15 provided in the previous Office action have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wang et al. (US PAP 2019/0350552 A1), Butani et al. (US PAP 2020/0182807 A1), Langan et al. (US PAP 2017/0039734 A1) and Matsutani (US PAP 2018/0146944 A1).
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.
Claims 1-3, 9-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US PAP 2019/0350552 A1) in view of Butani et al. (US PAP 2020/0182807 A1).
With respect to claims 1 and 14, Wang et al. teaches a medical imaging system and method, comprising (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106): X-ray sources (426) arranged to emit X-rays into an examination region along different respective projection views spanning less than 180 degrees (see Fig. 4A; paragraph 0062); an X-ray detector array (420) arranged to detect the X-rays emitted by the X-ray sources (426) after passing through the examination region (see Fig. 4A; paragraph 0063); and an electronic controller (430) configured to perform an imaging method including: acquiring X-ray imaging data by cycling through the X-ray sources (426) with each step of the cycle including (see Fig. 4A; paragraph 0063): switching an active X-ray source on to emit X-rays and acquiring X-ray imaging data along the projection view corresponding to the active X-ray source that is switched on (see Fig. 4A; paragraphs 0062 and 0063); and performing tomosynthesis image reconstruction of the X-ray imaging data to generate at least one image (see paragraph 0067)
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but fails to explicitly mention switching an active X-ray source on to emit X-rays and the other X-ray sources off to not emit X-rays.
Butani et al. discloses an X-ray medical imaging system and method (see Abstract; Fig. 7A; paragraphs 0080-0082) which explicitly switching an active X-ray source on to emit X-rays and the other X-ray sources off to not emit X-rays while acquiring X-ray imaging data along the projection view corresponding to the active X-ray source that is switched on (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082); and performing tomosynthesis image reconstruction of the X-ray imaging data to generate at least one image, as needed, possibly without blurring or artifacts and with more precise angle resolution (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082).
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Wang et al. and Butani et al. disclose the related methods and apparatuses for X-ray imaging performing tomosynthesis image reconstruction of the X-ray imaging data.
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 switching the active X-ray source on to emit X-rays and the other X-ray sources off to not emit X-rays as suggested by Butani et al. in the method and apparatus of Wang et al., since such a modification would provide user with the capabilities to and performing tomosynthesis image reconstruction of the X-ray imaging data to generate at least one image, as needed, possibly without blurring or artifacts and with more precise angle resolution.
It would have been obvious to treat Wang et al. and Butani 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 claims 1 and 14 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).
With respect to claim 2, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 1, wherein the cycling through the X-ray sources includes performing one cycle through all the X-ray sources in a time interval of 0.2 seconds or less (see paragraph 0087). In addition, it has been held where the general conditions of a claim are disclosed in the prior art, disclosing the optimum or working ranges involves only routine skill in the art.
With respect to claim 3, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 1, wherein the tomosynthesis image reconstruction includes: grouping the X-ray imaging data into acquisition time intervals; and performing tomosynthesis image reconstruction of the X-ray imaging data grouped into each time interval to generate a time sequence of images (see Fig. 12C; paragraph 0086).
With respect to claim 9, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 1, wherein the X-ray sources are configured to be electronically switched on to emit X-rays and electronically switched off to not emit X-rays, and the X-ray sources have a switching speed of 100 milliseconds or faster (see paragraph 0087).
With respect to claim 10, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 9, wherein the X-ray sources comprise cold-cathode X-ray tubes or carbon nanotube field emitter cold-cathode X-ray tubes (see paragraph 0070).
With respect to claim 11, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 9, wherein the X-ray detector array comprises complementary metal oxide semiconductor (CMOS)-based detectors or direct conversion X-ray detectors (see paragraph 0106).
With respect to claim 12, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 1, wherein the X-ray sources are arranged as a linear array or as a loop (see Figs. 4A-5).
With respect to claim 13, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 1, further comprising: an overhead gantry having first and second descending arms spaced apart to accommodate an associated human subject (414) disposed in a prone or supine position between the first and second descending arms; wherein the X-ray sources are disposed on the first descending arm (see Figs. 4A and 4B).
With respect to claim 16, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 1, wherein the steps of cycle are repeated for each X-ray source (see paragraphs 0017, 0083, 0084, 0088, 0089 and 0105) while Butani et al. teaches switching the active X-ray source on to emit X-rays and the other X-ray sources off to not emit X-rays while acquiring X-ray imaging data along the projection view corresponding to the active X-ray source that is switched on (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082); and performing tomosynthesis image reconstruction of the X-ray imaging data to generate at least one image, as needed, possibly without blurring or artifacts and with more precise angle resolution (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082).
With respect to claim 17, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 1, wherein Butani et al. clearly teaches that for each step of the cycle, only one of the X-sources is turned on while the remaining X-ray sources are turned off, since such a modification would provide user with the capabilities to and performing tomosynthesis image reconstruction of the X-ray imaging data to generate at least one image, as needed, possibly without blurring or artifacts and with more precise angle resolution.
With respect to claim 18, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging method of claim 14, wherein the steps of cycle are repeated for each X-ray source (see paragraphs 0017, 0083, 0084, 0088, 0089 and 0105) while Butani et al. teaches switching the active X-ray source on to emit X-rays and the other X-ray sources off to not emit X-rays while acquiring X-ray imaging data along the projection view corresponding to the active X-ray source that is switched on (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082); and performing tomosynthesis image reconstruction of the X-ray imaging data to generate at least one image, as needed, possibly without blurring or artifacts and with more precise angle resolution (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082).
With respect to claim 19, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging method of claim 14, wherein Butani et al. clearly teaches that for each step of the cycle, only one of the X-sources is turned on while the remaining X-ray sources are turned off, since such a modification would provide user with the capabilities to and performing tomosynthesis image reconstruction of the X-ray imaging data to generate at least one image, as needed, possibly without blurring or artifacts and with more precise angle resolution.
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US PAP 2019/0350552 A1) in view of Butani et al. (US PAP 2020/0182807 A1) as applied to claim 3 above, and further in view of Langan et al. (US PAP 2017/0039734 A1).
With respect to claims 4-8, Wang et al. (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) as modified by Butani et al. (see Abstract; Fig. 7A and 7B; paragraphs 0080-0082) teaches the medical imaging system of claim 3 (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) and firing sequentially the array of X-ray sources in a cycling repeating pattern of lungs (see Fig. 12C and paragraph 0086) but fail to explicitly mention arrangement: wherein the grouping includes interpolating the X-ray imaging data of each group to a common time within the time interval; wherein the generation of the time sequence of images includes: spatially aligning the images of the time sequence of images; wherein the images of the time sequence of images are slice images, slab images, or volumetric images; wherein the time sequence of images depict at least one in vivo lung, and the imaging method further includes: generating a perfusion image based on voxel intensity variation over time of the time sequence of images; and wherein the time sequence of images depict at least one in vivo lung, and the imaging method further includes: generating a ventilation image based on voxel intensity variation over time of the time sequence of images.
Langan et al. discloses an X-ray medical imaging system (see abstract; Figs. 1-9; paragraph 0075) which explicitly teaches to interpolate pixel values between projections with fixed temporal offset to generate tomosynthesis images at respective time points (see paragraph 0075) in order to provide user with the capabilities to generate not only the 3D structure of the features of interest, but also the temporal evolution of the contrast uptake and washout may that provide valuable information to the clinician that may be used in the processing of projection data to generate differential projections (e.g., first or second order subtraction projections), compound projections synthesized using the absolute or relative maximum opacity values observed over time for a region of interest, or interpolated projections synthesized using observed opacity values at known or fixed time intervals and a derived peak opacity time (see abstract; paragraphs 0004-0008 and 0075).
Wang et al., Butani et al. and Langan et al. disclose related apparatuses for the X-ray medical imaging.
Therefore, 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 the teaching to interpolate pixel values between projections with fixed temporal offset to generate tomosynthesis images at respective time points as suggested by Langan et al. to provide the arrangements: wherein the grouping includes interpolating the X-ray imaging data of each group to a common time within the time interval; wherein the generation of the time sequence of images includes: spatially aligning the images of the time sequence of images; wherein the images of the time sequence of images are slice images, slab images, or volumetric images; wherein the time sequence of images depict at least one in vivo lung, and the imaging method further includes: generating a perfusion image based on voxel intensity variation over time of the time sequence of images; and wherein the time sequence of images depict at least one in vivo lung, and the imaging method further includes: generating a ventilation image based on voxel intensity variation over time of the time sequence of images in the apparatus of Wang et al. as modified by Butani et al., since such a modification would provide user with the capabilities to generate not only the 3D structure of the features of interest, but also the temporal evolution of the contrast uptake and washout may that provide valuable information to the clinician that may be used in the processing of projection data to generate differential projections, compound projections synthesized using the absolute or relative maximum opacity values observed over time for a region of interest, or interpolated projections synthesized using observed opacity values at known or fixed time intervals and a derived peak opacity time.
It would have been obvious to treat Wang et al., Butani et al. and Langan 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 claims 4-8 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).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wang eta. (US PAP 2019/0350552 A1) in view of Butani et al. (US PAP 2020/0182807 A1) as applied to claim 14 above, and further in view of Matsutani (US PAP 2018/0146944 A1).
With respect to claim 15, Wang et al. teaches the medical imaging method of claim 14, wherein: the cycling through the X-ray sources includes performing one cycle through all the X-ray sources in a time interval of 0.2 seconds or less (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106); the tomosynthesis image reconstruction includes grouping the X-ray imaging data into acquisition time intervals and performing tomosynthesis image reconstruction of the X-ray imaging data grouped into each time interval to generate a time sequence of images (see abstract; Figs. 4A, 5, 12C, 17 and 18; paragraphs 0060, 0063, 0067, 0070, 0086, 0087 and 0106) but fail to explicitly teach that the medical imaging method further includes: producing a time sequence of spatially aligned images from the time sequence of images by operations including at least performing elastic spatial image registration of the images; generating a perfusion image based on voxel intensity variation over time of the time sequence of spatially aligned images; and generating a ventilation image based on voxel intensity variation over time of the time sequence of spatially aligned images.
Matsutani discloses an X-ray medical imaging method which explicitly teaches producing a time sequence of spatially aligned images from the time sequence of images by operations including at least performing elastic spatial image registration of the images; generating a perfusion image based on voxel intensity variation over time of the time sequence of spatially aligned images; and generating a ventilation image based on voxel intensity variation over time of the time sequence of spatially aligned images (see Fig. 4; paragraphs 0046 and 0060-0067) in order to provide user with the capabilities to perform time-direction frequency filtering on a dynamic image of a chest using cutoff frequencies based on whether the type of diagnosis target is ventilation or lung perfusion, therefore allowing to provide enhancing readability of information on the dynamic state to be diagnosed in a dynamic image.
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 for producing a time sequence of spatially aligned images from the time sequence of images by operations including at least performing elastic spatial image registration of the images; generating a perfusion image based on voxel intensity variation over time of the time sequence of spatially aligned images; and generating a ventilation image based on voxel intensity variation over time of the time sequence of spatially aligned images as suggested by Matsutani in the method of Wang et al. as modified by Butani et al., since such a modification would provide user with the capabilities to perform time-direction frequency filtering on a dynamic image of a chest using cutoff frequencies based on whether the type of diagnosis target is ventilation or lung perfusion, therefore allowing to provide enhancing readability of information on the dynamic state to be diagnosed in a dynamic image.
It would have been obvious to treat Wang et al., Butani et al. and Matsutani 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 15 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maruta (US PAP 2018/0035060 A1) teaches an X-ray radiation image capturing apparatuses can also perform moving image capturing, thereby continuously obtaining radiation images, in order to observe the dynamic state of the lungs of a patient who has a lung problem, such as ventilation or perfusion (blood flow) of the lungs, and quasi moving image capturing, such as tomosynthesis imaging, thereby capturing radiation images of multiple frames in such a way as to be continuous in terms of time like a moving image by being, for example, continuously irradiated with radiation via a subject (see paragraphs 0006, 0055, 0058 and 0080).
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.
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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./ February 26, 2026