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 .
Election/Restrictions
Applicant’s election without traverse of species of claim 4 in the reply filed on 10/01/2025 is acknowledged. Therefore, claims 1-2, 4-17 will be examined on the merits.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, it is unclear as to how a radiation detector perform radiation imaging on a test site; the examiner can understand that the radiation detector will detect the signals/data that will be use to perform radiation imaging, but the imaging itself would appear need to be perform by a processor/computer/controller/circuitry.
In claim 4, similar to the rejection to claim 1 above, it set forth to “in which the subject and the magnetic detector are superimposed”; which is unclear as to what element in the claims would perform the superimposing or the determination of obtaining data that is superimposed; the claims merely set forth an irradiation device (i.e. emitter) and two detectors; it would appears such a limitation would be performed by a processor/computer/controller/circuitry.
In claims 9, 15, 16 it is unclear as to what “difference processing” is.
In claim 14 it is unclear what does “is caused to complement an image region” means.
In claims 15, 16 it is unclear as to how a radiation detector can output an image (i.e. first and second images).
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 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.”)
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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 radiation detector is configured to acquire radiation image data in which the subject and the magnetic detector are superimposed (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).
With respect to claim 9, Kawabata further discloses wherein the radiation detector is configured to capture a first image including the subject and the magnetic detector and a second image including the magnetic detector but not including the subject, the biometric apparatus further comprising: 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 (see para. 0002, 0055).
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 circuitry is caused to complement an image region in which morphological information of the subject is missing in the third image (see para. 0055).
With respect to claim 17, Kawabata discloses a non-transitory computer-readable storage medium storing a program for causing an information processing apparatus to execute generating, based on a first image captured so as to include a subject and a magnetic detector and a second image captured so as to include the magnetic detector but not include the subject, a third image in which the magnetic detector has been subjected to difference processing (see para. 0055, “Any conventionally known types of magnetic markers can be used as the magnetic marker 31. Examples include a small coil adhesive-sheet called a marker coil. The marker coil is energized to generate a weak magnetic field, which is detected by the magnetic sensor 21. Then a position where the magnetic field has been generated by the marker coil is computed in a position computing unit (not shown) of the biomagnetic field detector 20. That position can be used as a reference when detection results from the biomagnetic field detector 20 are superimposed over a radiological image.”.
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)12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kawabata (US 2018/0140215, hereinafter Kawabata) 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 circuitry is caused 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 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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.
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.
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.
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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