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 .
DETAILED ACTION
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 4-11, 14, 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawabata (US 2018/0140215, hereinafter Kawabata).
With respect to claim 1, Kawabata discloses a biometric apparatus comprising: an irradiation device configured to deliver radiation to a subject; a radiation detector configured to acquire and output radiation image data of on a test site of the subject; and a magnetic detector configured to detect biomagnetism of the subject, the magnetic detector being placed between the radiation detector and the irradiation device and a processor configured to perform radiation imaging to generate an image based on the radiation image data. (“See Fig. 1, para. 0034 “FIG. 1 shows a schematic view of the biological information measuring apparatus 1 according to the present invention. The biological information measuring apparatus 1 includes a radiation emitting unit 10 configured to emit radiation R to a subject S, a biomagnetic field detector 20 configured to detect biomagnetic field of the subject S, and a radiation sensitive material 30 having sensitivity to radiation and having a size enough for enabling radiography of an examination target of the subject S and being nonmagnetic. The biological information measuring apparatus 1 further includes a bed 40 on which the subject S is to be positioned, the bed 40 including a head-supporting bed 40A on which the head of the subject S is to be positioned and a leg-supporting bed 40B on which the legs of the subject S is to be positioned. The biomagnetic field detector 20 is arranged between the head-supporting bed 40A and the leg-supporting bed 40B, and provided so as to face an examination region T where the examination target of the subject S is to be positioned. Further, the radiation sensitive material 30 is arranged between the examination region T where the examination target of the subject S is to be positioned and the biomagnetic field detector 20.”). See also para. 0077 “The radiation sensitive material 30 is of a single sheet-like form (sheet-like) or a plate-like form in the second embodiment. The fourth embodiment differs in that the radiation sensitive material 30 is cylindrical, and rollable along the peripheral portion of the biomagnetic field detector 20. Further, in the second embodiment, the radiation sensitive material 30 irradiated with the radiation R is first removed, and then the radiation sensitive material 30 is transferred to and placed in a radiological-image read-out device (not shown in FIG. 4) installed outside a magnetism and radiation-blocking room (shield room) where the biological information measuring apparatus 100 is placed. In contrast, the fourth embodiment differs in that the radiation sensitive material 30 irradiated with the radiation R is rolled so that the radiation sensitive material 30 is directed to the outside of a room (shield room) in which the biological information measuring apparatus 300 is placed, and then the radiation sensitive material 30 can be placed in the radiological-image read-out device 60 without removing the radiation sensitive material 30. In the fourth embodiment, parts indicated by the same reference numbers as in FIG. 4 are the same as those in the second embodiment.
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With respect to claim 2, Kawabata further discloses wherein the irradiation device is placed apart from the magnetic detector such that the subject can be placed between the irradiation device and the magnetic detector (see Fig. 1).
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With respect to claim 4, Kawabata further discloses wherein the processor is configured to perform superimposing processing based on the image generated from the radiation image data and a detection result of the magnetic detector and output a final image (see para. 0055).
With respect to claim 5, Kawabata further discloses further comprising a guide member that is placed between the irradiation device and the radiation detector and can be subjected to the radiation imaging (see para. 0055, markers).
With respect to claim 6, Kawabata further discloses wherein the magnetic detector includes a plurality of magnetic sensors (see detectors 21).
With respect to claim 7, Kawabata further discloses wherein the magnetic detector includes a sensor bobbin around which a coil is wrapped, and the sensor bobbin has a hollow structure (see structure 22, Fig. 2,3).
With respect to claim 8, Kawabata further discloses wherein at least part of the magnetic detector is arranged radially toward a center of the irradiation device (see Figs 2,3).
Claim Rejections - 35 USC § 103
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.
Claim(s) 9-11, 14, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kawabata (US 2018/0140215, hereinafter Kawabata) in view of Nakaya (US 2019/0142356).
With respect to claim 9, 17 Kawabata discloses all the elements as set forth above, but fails to further teach to generate an image based on of subtracting first and second images which are based on the first and second radiation image data.
In the same field of endeavor in the subject of x-ray imaging, Nakaya discloses an xray imaging apparatus in which two difference acquired radiation images are subtracted by the subtraction processing element 115 to generate a subtraction image (see para. 0009, Fig. 15A).
It would have been obvious to one skilled in the art before the effective filling date to generate an image based on of subtracting first and second images which are based on the first and second radiation image data as disclosed by Nakaya because doing so will allow for a resultant data after the subtraction of common data between both images providing data indicative of the patient.
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With respect to claim 10, Kawabata further discloses wherein the circuitry is caused to generate and output a fourth image in which information on the biomagnetism based on a detection result of the magnetic detector and the third image are superimposed on each other (see para. 0054-0056).
With respect to claim 11, Kawabata further discloses wherein the information on the biomagnetism based on the detection result of the magnetic detector includes current distribution information obtained by performing current source reconstruction based on magnetic field information (see para. 0002).
With respect to claim 14, Kawabata further discloses wherein the processor is configured to complement an image region in which morphological information of the subject is missing in the third image by interpolation processing using surrounding pixels (see para. 0055).
Claim(s)12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kawabata (US 2018/0140215, hereinafter Kawabata) in view of Nakaya (US 2019/0142356), as applied to claim 9, in view of Xiao (US 2021/0082354).
With respect to claims 12, 13 Kawabata disclose the system as disclosed above but fails to explicitly teach to further discloses wherein the processor is configured to adjust brightness of at least one of the first image or the second image or regions within the second image.
In the same field of endeavor in the subject of image display Xiao discloses an image brightness adjustment system and method in which an image or region of an image are adjusted in brightness (see abstract, see Fig. 2, step S40).
It would have been obvious to one skilled in the art before the effective filling date to adjust the brightness of an image or regions within an image as disclosed by Xiao because doing so will allow for a better quality image for the user to see the targeted location.
Allowable Subject Matter
Claims 15-16 are allowed.
The prior art of record disclose discloses a biometric apparatus comprising: an irradiation device configured to deliver radiation to a subject; a radiation detector configured to perform radiation imaging on a test site of the subject; and a magnetic detector configured to detect biomagnetism of the subject, the magnetic detector being placed between the radiation detector and the irradiation device. (“See Fig. 1, para. 0034 “FIG. 1 shows a schematic view of the biological information measuring apparatus 1 according to the present invention. The biological information measuring apparatus 1 includes a radiation emitting unit 10 configured to emit radiation R to a subject S, a biomagnetic field detector 20 configured to detect biomagnetic field of the subject S, and a radiation sensitive material 30 having sensitivity to radiation and having a size enough for enabling radiography of an examination target of the subject S and being nonmagnetic. The biological information measuring apparatus 1 further includes a bed 40 on which the subject S is to be positioned, the bed 40 including a head-supporting bed 40A on which the head of the subject S is to be positioned and a leg-supporting bed 40B on which the legs of the subject S is to be positioned. The biomagnetic field detector 20 is arranged between the head-supporting bed 40A and the leg-supporting bed 40B, and provided so as to face an examination region T where the examination target of the subject S is to be positioned. Further, the radiation sensitive material 30 is arranged between the examination region T where the examination target of the subject S is to be positioned and the biomagnetic field detector 20.”)
However, it fails to disclose in claim 15 a biometric method executed by a biometric apparatus, wherein the biometric apparatus includes: an irradiation device configured to deliver radiation to a subject; a radiation detector configured to output a second image captured in a state in which the subject is not placed between the radiation detector and the irradiation device, and a first image captured in a state in which the subject is placed between the radiation detector and the irradiation device; a magnetic detector configured to detect biomagnetism of the subject, the magnetic detector being placed between the radiation detector and the irradiation device; circuitry; and a memory storing computer-executable instructions that cause the circuitry to: generate a third image in which the magnetic detector has been subjected to difference processing based on the first image and the second image obtained by the radiation detector, the first image including the subject and the magnetic detector and the second image including the magnetic detector but not including the subject; and generate and output a fourth image in which information on the biomagnetism based on a detection result of the magnetic detector and the third image are superimposed on each other.
And also in claim 16, an image processing method of an image obtained by a biometric apparatus, wherein the biometric apparatus includes: an irradiation device configured to deliver radiation to a subject; a radiation detector configured to perform radiation imaging on a test site of the subject; a magnetic detector configured to detect biomagnetism of the subject, the magnetic detector being placed between the radiation detector and the irradiation device; circuitry; and a memory storing computer-executable instructions that cause the circuitry to: generate a third image in which the magnetic detector has been subjected to difference processing based on a first image and a second image obtained by the radiation detector, the first image including the subject and the magnetic detector and the second image including the magnetic detector but not including the subject; and generate and output a fourth image in which information on the biomagnetism based on a detection result of the magnetic detector and the third image are superimposed on each other.
Response to Arguments
Applicant's arguments filed 05/07/2026 have been fully considered but they are not persuasive and some are also moot in view of new grounds of rejection.
Regarding claim 1, the applicant argues, in summary as best understood, that the prior art reference of Kawabata fails to teach the limitation that “the magnetic detector being placed between the radiation detection and the irradiation device”.
The Examiner points to paragraph. 0077, Fig. 6 which discloses an embodiment in which the radiation detector 30 is a rolling radiation detector and can be placed outside the room and therefore making the magnetic detector 20 between the radiation emitter 10 and the radiation detector 30.
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Para. 0077“The radiation sensitive material 30 is of a single sheet-like form (sheet-like) or a plate-like form in the second embodiment. The fourth embodiment differs in that the radiation sensitive material 30 is cylindrical, and rollable along the peripheral portion of the biomagnetic field detector 20. Further, in the second embodiment, the radiation sensitive material 30 irradiated with the radiation R is first removed, and then the radiation sensitive material 30 is transferred to and placed in a radiological-image read-out device (not shown in FIG. 4) installed outside a magnetism and radiation-blocking room (shield room) where the biological information measuring apparatus 100 is placed. In contrast, the fourth embodiment differs in that the radiation sensitive material 30 irradiated with the radiation R is rolled so that the radiation sensitive material 30 is directed to the outside of a room (shield room) in which the biological information measuring apparatus 300 is placed, and then the radiation sensitive material 30 can be placed in the radiological-image read-out device 60 without removing the radiation sensitive material 30. In the fourth embodiment, parts indicated by the same reference numbers as in FIG. 4 are the same as those in the second embodiment.”
Regarding the arguments to claim 17, see new rejection above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Watanabe (US 11,980,493) which discloses An image processing apparatus includes a processor programmed to obtain a first radiation image of a subject captured from a first direction, obtain a second radiation image of the subject captured from a second direction that intersects the first direction, and either correct one of the first radiation image and the second radiation image based on positional information of a device for capturing the one of the first radiation image and the second radiation image, or correct another one of the first radiation image and the second radiation image based on information on a position of a specific region of the subject obtained from the one of the first radiation image and the second radiation image.
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 JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M. Kozak can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M SANTOS RODRIGUEZ/Primary Examiner, Art Unit 3797
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