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 OFFICE ACTION
Status of Claims
Claims 1-20 are pending in this Office Action.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed on 03/28/2024 have been considered.
Double Patenting
1. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
2. Claims 1-3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18 and 19-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1,2,3,4,5,6,7,8,9,10,11,12,13,14 and 15 respectively of U.S. Patent No. 11,222,435. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following similarity of the Claim limitations:
Present Application
U.S. Patent No. 11,222,435
As per Claim 1, A computer-implemented method of processing a CT scan , comprising: receiving a plurality of radiographs ; and
determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs.
As per claim 2, The method of claim 1,
wherein determining the axis of rotation comprises: determining a representative pixel for each pixel position from the plurality of radiographs to generate a representative image; and determining a position of line symmetry for at least a row of the representative image.
As per claim 3,The method of claim 1,
wherein the axis of rotation is determined prior to CT reconstruction.
As per Claim 1, A computer-implemented method of processing a CT scan, comprising: receiving a plurality of radiographs; and determining an axis of rotation per scan from the plurality of radiographs prior to CT reconstruction, wherein determining the axis of rotation comprises: determining a representative pixel for each pixel position from the plurality of radiographs to generate a representative image; and determining a position of line symmetry for at least a row of the representative image.
As per Claim 1, …prior to CT reconstruction,…
The features of claim 1 of the current application that are not present in claim 1 of the U.S. Patent No. 11,222,435 are :
“at a sub-pixel resolution,”
However, in an analogues art, Yongsheng Pan et al. ( NPL Doc: “Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation”,3rd March 2012, Proc. of SPIE Vol. 8313, Pages 831328-1 - 831328-8) teaches “at a sub-pixel resolution,” ( Page 1- ABSTRACT – “…Following the data collection we developed an automatic sub-pixel rotational centering method. Intermediate results from this final process are generated for user inspection. The proposed method is able to detect rotational center shifts within 7 seconds for high-resolution projections of size 2048×2048….” AND Page 2- “…A cross correlation method, similar to the method in1,2 is applied to the attenuation coefficients from the projection of 0 degree and the flipped projection of 180 degree for multiple shifts. The shift corresponding to the highest cross correlation score is selected as the shift of the rotational center. This method uses projection data directly, with no need of time-consuming reconstructions. It utilizes the attenuation coefficients, instead of raw projection data, to handle variations from the photon beam and the imaging system. A region of interest (ROI) is used to reduce the effects of the irregular data near projection boundaries. Sub-pixel shifts are able to be acquired using the proposed method. The sub-pixel shifts improve the reconstruction accuracy by performing interpolations on the projection data….”), Accordingly, the prior art references teach all of the claimed elements ( i.e Rotational axis position of tomographical image ,pixels of images utilized for rotational axis position analysis, CT image processing etc. ) . The combination of the known elements is achieved by the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. within the Determining Rotation Axis From X-ray Radiographs taught in claim 1 of U.S. Patent No. 11,222,435 .
Therefore, the results would have been predictable to one of ordinary skill in the art.
Based on the above findings, it would have been obvious to one of ordinary skill before the
effective filing date of the invention to add the elements taught in Yongsheng Pan et al.
to the system taught in claim 1 of U.S. Patent No. 11,222,435 as no more “than the predictable use of prior-art elements according to their established functions.”
As per claim 4, The method of claim 2,
wherein a symmetrical position image comprises a plurality of line symmetrical positions, each of the line symmetrical positions comprising the position of line symmetry.
As per claim 2, The method of claim 1, wherein a symmetrical position image comprises a plurality of line symmetrical positions, each of the line symmetrical positions comprising the position of line symmetry.
As per claim 5, The method of claim 4,
wherein determining the axis of rotation comprises determining a best line fit through the plurality of line symmetrical positions.
As per claim 3, The method of claim 2, wherein determining the axis of rotation comprises determining a best line fit through the plurality of line symmetrical positions.
As per claim 6,The method of claim 1,
wherein determining the axis of rotation comprises receiving a photon count of each pixel of each of the plurality of radiographs.
As per claim 4, The method of claim 1, wherein determining the axis of rotation comprises receiving a photon count of each pixel of each of the plurality of radiographs.
As per claim 7,The method of claim 6,
further comprising determining a total pixel attenuation coefficient from the photon count for each pixel of each of the plurality of radiographs.
As per claim 5, The method of claim 4, further comprising determining a total pixel attenuation coefficient from the photon count for each pixel of each of the plurality of radiographs.
As per claim 8, The method of claim 2,
wherein determining the axis of rotation comprises filtering each radiograph row of each of the plurality of radiographs.
As per claim 6, The method of claim 1, wherein determining the axis of rotation comprises filtering each radiograph row of each of the plurality of radiographs.
As per claim 9,The method of claim 2,
further comprising filtering each representative image row.
As per claim 7, The method of claim 1, further comprising filtering each representative image row.
As per claim 10, A computer-implemented system of processing a CT scan, comprising: a processor; and
a non-transitory computer-readable storage medium comprising instructions executable by the processor to perform steps comprising: receiving a plurality of radiographs; and determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs.
As per claim 11,The system of claim 10,
wherein determining the axis of rotation comprises: determining a representative pixel for each pixel position from the plurality of radiographs to generate a representative image; and determining a position of line symmetry for at least a row of the representative image.
As per claim 12,The system of claim 10,
wherein the axis of rotation is determined prior to CT reconstruction.
As per claim 8, A computer-implemented system of processing a CT scan, comprising: a processor; a non-transitory computer-readable storage medium comprising instructions executable by the processor to perform steps comprising: receiving a plurality of radiographs; and determining an axis of rotation per scan from the plurality of radiographs prior to CT reconstruction, wherein determining an axis of rotation comprises: determining a representative pixel for each pixel position from the plurality of radiographs to generate a representative image; and determining a position of line symmetry for at least a row of the representative image.
As per Claim 8, …prior to CT reconstruction,…
As per claim 13,The system of claim 11,
wherein a symmetrical position image comprises a plurality of line symmetrical positions, each of the line symmetrical positions comprising the position of line symmetry.
As per claim 9, The system of claim 8, wherein a symmetrical position image comprises a plurality of line symmetrical positions, each of the line symmetrical positions comprising the position of line symmetry.
As per claim 14,The system of claim 13,
wherein determining the axis of rotation comprises determining a best line fit through the plurality of line symmetrical positions.
As per claim 10, The system of claim 9, wherein determining the axis of rotation comprises determining a best line fit through the plurality of line symmetrical positions.
As per claim 15, The system of claim 10,
wherein determining the axis of rotation comprises receiving a photon count of each pixel of each of the plurality of radiographs.
As per claim 11, The system of claim 8, wherein determining the axis of rotation comprises receiving a photon count of each pixel of each of the plurality of radiographs.
As per claim 16, The system of claim 15,
further comprising determining a total pixel attenuation coefficient from the photon count for each pixel of each of the plurality of radiographs.
As per claim 12, The system of claim 11, further comprising determining a total pixel attenuation coefficient from the photon count for each pixel of each of the plurality of radiographs.
As per claim 17, The system of claim 11,
wherein determining the axis of rotation comprises filtering each radiograph row of each of the plurality of radiographs.
As per claim 13,The system of claim 8, wherein determining the axis of rotation comprises filtering each radiograph row of each of the plurality of radiographs.
As per claim 18, The system of claim 11,
further comprising filtering each representative image row.
As per claim 14,The system of claim 12, further comprising filtering each representative image row.
As per claim 19, A non-transitory computer readable medium storing executable computer program instructions for processing a CT scan, the computer program instructions comprising instructions for: receiving a plurality of radiographs; and determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs.
As per claim 20, The medium of claim 19,
wherein determining the axis of rotation comprises: determining a representative pixel for each pixel position from the plurality of radiographs to generate a representative image; and determining a position of line symmetry for at least a row of the representative image.
As per claim 15,A non-transitory computer readable medium storing executable computer program instructions for processing a CT scan, the computer program instructions comprising instructions for: receiving a plurality of radiographs; and determining an axis of rotation per scan from the plurality of radiographs prior to CT reconstruction, wherein determining an axis of rotation comprises: determining a representative pixel for each pixel position from the plurality of radiographs to generate a representative image; and determining a position of line symmetry for at least a row of the representative image.
The features of claims 10 and 19 of the current application that are not present in claims 10 and 15 of the U.S. Patent No. 11,222,435 are :
“at a sub-pixel resolution,”
However, in an analogues art, Yongsheng Pan et al. ( NPL Doc: “Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation”,3rd March 2012, Proc. of SPIE Vol. 8313, Pages 831328-1 - 831328-8) teaches “at a sub-pixel resolution,” ( Page 1- ABSTRACT – “…Following the data collection we developed an automatic sub-pixel rotational centering method. Intermediate results from this final process are generated for user inspection. The proposed method is able to detect rotational center shifts within 7 seconds for high-resolution projections of size 2048×2048….” AND Page 2- “…A cross correlation method, similar to the method in1,2 is applied to the attenuation coefficients from the projection of 0 degree and the flipped projection of 180 degree for multiple shifts. The shift corresponding to the highest cross correlation score is selected as the shift of the rotational center. This method uses projection data directly, with no need of time-consuming reconstructions. It utilizes the attenuation coefficients, instead of raw projection data, to handle variations from the photon beam and the imaging system. A region of interest (ROI) is used to reduce the effects of the irregular data near projection boundaries. Sub-pixel shifts are able to be acquired using the proposed method. The sub-pixel shifts improve the reconstruction accuracy by performing interpolations on the projection data….”), Accordingly, the prior art references teach all of the claimed elements ( i.e Rotational axis position of tomographical image ,pixels of images utilized for rotational axis position analysis, CT image processing etc. ) . The combination of the known elements is achieved by the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. within the Determining Rotation Axis From X-ray Radiographs taught in claims 10 and 15 of U.S. Patent No. 11,222,435 .
Therefore, the results would have been predictable to one of ordinary skill in the art.
Based on the above findings, it would have been obvious to one of ordinary skill before the
effective filing date of the invention to add the elements taught in Yongsheng Pan et al.
to the system taught in claims 10 and 15 of U.S. Patent No. 11,222,435 as no more “than the predictable use of prior-art elements according to their established functions.”
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
3. Claims 1,6,7,10,15,16 and 19 are rejected under 35 U.S.C 103 as being patentable over Inglese et al. (USPUB 20170311910) in view of Yongsheng Pan et al. ( NPL Doc: “Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation”,3rd March 2012, Proc. of SPIE Vol. 8313, Pages 831328-1 - 831328-8).
As per claim 1, Inglese et al. teaches A computer-implemented method of processing a CT scan ( 12E showing the scanning pattern for CT imaging AND Paragraph [0113]- “… scan pattern for extra-oral imaging shifts the position of the axis of rotation during the scan. This pattern, changing the focal trough progressively during the scan by adjusting the axis of rotation, allows improved imaging of different portions of the dental arch….”) , comprising: receiving a plurality of radiographs ( Paragraph [0110] –“The schematic diagram of FIG. 13 shows an imaging apparatus 200 for radiographic imaging, such as panoramic imaging, in which a succession of two or more 2-D images is obtained and images of adjacent content are arranged to form a larger image, or for 3-D imaging, such as tomography,…”) ;
Inglese et al. does not explicitly teach determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs.
However, within analogous art, Yongsheng Pan et al. teaches determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs ( Page 1- ABSTRACT – “…Following the data collection we developed an automatic sub-pixel rotational centering method. Intermediate results from this final process are generated for user inspection. The proposed method is able to detect rotational center shifts within 7 seconds for high-resolution projections of size 2048×2048….” AND Page 2- “…A cross correlation method, similar to the method in1,2 is applied to the attenuation coefficients from the projection of 0 degree and the flipped projection of 180 degree for multiple shifts. The shift corresponding to the highest cross correlation score is selected as the shift of the rotational center. This method uses projection data directly, with no need of time-consuming reconstructions. It utilizes the attenuation coefficients, instead of raw projection data, to handle variations from the photon beam and the imaging system. A region of interest (ROI) is used to reduce the effects of the irregular data near projection boundaries. Sub-pixel shifts are able to be acquired using the proposed method. The sub-pixel shifts improve the reconstruction accuracy by performing interpolations on the projection data….”) .
One of ordinary skill in the art would have been motivated to combine the teaching of Yongsheng Pan et al. within the modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. because the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. provides a system and method for implementing reconstruction of images from rotational axis position of scanned tomographical images.
Therefore, it would have been obvious for one in the ordinary skills in the art before the effective filing date of the claimed invention to implement the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. within the modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. for implementation a system and method for reconstruction of images from rotational axis position of scanned tomographical images.
As per claim 6, Combination of Inglese et al. and Yongsheng Pan et al. teaches claim 1,
Inglese et al. teaches wherein determining the axis of rotation comprises receiving a photon count of each pixel of each of the plurality of radiographs ( Photon counting detector and axis of rotation taught within Paragraphs [0107]- “… panoramic imaging using the photon-counting detector can be performed in any of a number of ways. According to embodiments of the present invention, measurements of the dental arches are obtained to determine an axis for revolution of the X-ray source and sensor. Alternately, light beams are used to provide the best estimate for this axis, based on an estimate of the focal trough. The axis of rotation can also be adjusted during a panoramic imaging sequence, so that the movement of the axis of rotation correlates with the horseshoe-shaped pattern of the focal trough….” AND Paragraph [0109]) .
As per claim 7, Combination of Inglese et al. and Yongsheng Pan et al. teaches claim 6,
Inglese et al. teaches further comprising determining a total pixel attenuation coefficient from the photon count for each pixel of each of the plurality of radiographs ( Attenuation coefficient and photon count taught within Paragraphs [0079-0081]- “…he capability to count photons at different energy thresholds, as described with reference to FIG. 7, allows the sensor to differentiate between energy levels obtained from irradiating the subject and provides added dimension to the image data that is provided as a result of each exposure. This capability, described as multi-spectral or “color” x-ray imaging, enables information to be obtained about the material composition of a subject pixel. As shown for typical metals in the simplified graph of FIG. 8A, two materials A and B have different coefficients of attenuation μ that vary with the level of radiation energy, shown as exposure E. At a given exposure, material A attenuates a photon with an energy that corresponds to material A, as shown at value A11. Similarly, radiation impinging on material B attenuates a photon with an energy that corresponds to material B, as shown at value B1….”) .
As per claim 10, Inglese et al. teaches A computer-implemented system of processing a CT scan( 12E showing the scanning pattern for CT imaging AND Paragraph [0113]- “… scan pattern for extra-oral imaging shifts the position of the axis of rotation during the scan. This pattern, changing the focal trough progressively during the scan by adjusting the axis of rotation, allows improved imaging of different portions of the dental arch….”) , comprising: receiving a plurality of radiographs ( Paragraph [0110] –“The schematic diagram of FIG. 13 shows an imaging apparatus 200 for radiographic imaging, such as panoramic imaging, in which a succession of two or more 2-D images is obtained and images of adjacent content are arranged to form a larger image, or for 3-D imaging, such as tomography,…”), comprising: a processor ( Paragraph [0146]- “…many other types of computer systems can be used to execute the computer program of the present invention, including networked processors. The computer program for performing the method of the present invention may be stored in a computer readable storage medium…”) ; and a non-transitory computer-readable storage medium comprising instructions executable by the processor ( Paragraph [0146]- “…The computer program for performing the method of the present invention may also be stored on computer readable storage medium that is connected to the image processor by way of the internet or other communication medium…”) to perform steps comprising: receiving a plurality of radiographs( Paragraph [0110] –“The schematic diagram of FIG. 13 shows an imaging apparatus 200 for radiographic imaging, such as panoramic imaging, in which a succession of two or more 2-D images is obtained and images of adjacent content are arranged to form a larger image, or for 3-D imaging, such as tomography,…”);
Inglese et al. does not explicitly teach determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs.
However, within analogous art, Yongsheng Pan et al. teaches determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs ( Page 1- ABSTRACT – “…Following the data collection we developed an automatic sub-pixel rotational centering method. Intermediate results from this final process are generated for user inspection. The proposed method is able to detect rotational center shifts within 7 seconds for high-resolution projections of size 2048×2048….” AND Page 2- “…A cross correlation method, similar to the method in1,2 is applied to the attenuation coefficients from the projection of 0 degree and the flipped projection of 180 degree for multiple shifts. The shift corresponding to the highest cross correlation score is selected as the shift of the rotational center. This method uses projection data directly, with no need of time-consuming reconstructions. It utilizes the attenuation coefficients, instead of raw projection data, to handle variations from the photon beam and the imaging system. A region of interest (ROI) is used to reduce the effects of the irregular data near projection boundaries. Sub-pixel shifts are able to be acquired using the proposed method. The sub-pixel shifts improve the reconstruction accuracy by performing interpolations on the projection data….”) .
One of ordinary skill in the art would have been motivated to combine the teaching of Yongsheng Pan et al. within the modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. because the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. provides a system and method for implementing reconstruction of images from rotational axis position of scanned tomographical images.
Therefore, it would have been obvious for one in the ordinary skills in the art before the effective filing date of the claimed invention to implement the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. within the modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. for implementation a system and method for reconstruction of images from rotational axis position of scanned tomographical images.
As per claim 15, Combination of Inglese et al. and Yongsheng Pan et al. teaches claim 10,
Inglese et al. teaches wherein determining the axis of rotation comprises receiving a photon count of each pixel of each of the plurality of radiographs( Photon counting detector and axis of rotation taught within Paragraphs [0107]- “… panoramic imaging using the photon-counting detector can be performed in any of a number of ways. According to embodiments of the present invention, measurements of the dental arches are obtained to determine an axis for revolution of the X-ray source and sensor. Alternately, light beams are used to provide the best estimate for this axis, based on an estimate of the focal trough. The axis of rotation can also be adjusted during a panoramic imaging sequence, so that the movement of the axis of rotation correlates with the horseshoe-shaped pattern of the focal trough….” AND Paragraph [0109]) .
As per claim 16, Combination of Inglese et al. and Yongsheng Pan et al. teaches claim 15,
Inglese et al. teaches further comprising determining a total pixel attenuation coefficient from the photon count for each pixel of each of the plurality of radiographs ( Attenuation coefficient and photon count taught within Paragraphs [0079-0081]- “…he capability to count photons at different energy thresholds, as described with reference to FIG. 7, allows the sensor to differentiate between energy levels obtained from irradiating the subject and provides added dimension to the image data that is provided as a result of each exposure. This capability, described as multi-spectral or “color” x-ray imaging, enables information to be obtained about the material composition of a subject pixel. As shown for typical metals in the simplified graph of FIG. 8A, two materials A and B have different coefficients of attenuation μ that vary with the level of radiation energy, shown as exposure E. At a given exposure, material A attenuates a photon with an energy that corresponds to material A, as shown at value A11. Similarly, radiation impinging on material B attenuates a photon with an energy that corresponds to material B, as shown at value B1….”) .
As per claim 19, Inglese et al. teaches A non-transitory computer readable medium storing executable computer program instructions ( Paragraph [0146]- “…The computer program for performing the method of the present invention may also be stored on computer readable storage medium that is connected to the image processor by way of the internet or other communication medium…”)for processing a CT scan ( 12E showing the scanning pattern for CT imaging AND Paragraph [0113]- “… scan pattern for extra-oral imaging shifts the position of the axis of rotation during the scan. This pattern, changing the focal trough progressively during the scan by adjusting the axis of rotation, allows improved imaging of different portions of the dental arch….”) , the computer program instructions comprising instructions for: receiving a plurality of radiographs ( Paragraph [0110] –“The schematic diagram of FIG. 13 shows an imaging apparatus 200 for radiographic imaging, such as panoramic imaging, in which a succession of two or more 2-D images is obtained and images of adjacent content are arranged to form a larger image, or for 3-D imaging, such as tomography,…”), comprising: a processor; and a non-transitory computer-readable storage medium comprising instructions executable by the processor to perform steps comprising: receiving a plurality of radiographs( Paragraph [0110] –“The schematic diagram of FIG. 13 shows an imaging apparatus 200 for radiographic imaging, such as panoramic imaging, in which a succession of two or more 2-D images is obtained and images of adjacent content are arranged to form a larger image, or for 3-D imaging, such as tomography,…”);
Inglese et al. does not explicitly teach determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs.
However, within analogous art, Yongsheng Pan et al. teaches determining an axis of rotation at a sub-pixel resolution per scan from the plurality of radiographs ( Page 1- ABSTRACT – “…Following the data collection we developed an automatic sub-pixel rotational centering method. Intermediate results from this final process are generated for user inspection. The proposed method is able to detect rotational center shifts within 7 seconds for high-resolution projections of size 2048×2048….” AND Page 2- “…A cross correlation method, similar to the method in1,2 is applied to the attenuation coefficients from the projection of 0 degree and the flipped projection of 180 degree for multiple shifts. The shift corresponding to the highest cross correlation score is selected as the shift of the rotational center. This method uses projection data directly, with no need of time-consuming reconstructions. It utilizes the attenuation coefficients, instead of raw projection data, to handle variations from the photon beam and the imaging system. A region of interest (ROI) is used to reduce the effects of the irregular data near projection boundaries. Sub-pixel shifts are able to be acquired using the proposed method. The sub-pixel shifts improve the reconstruction accuracy by performing interpolations on the projection data….”) .
One of ordinary skill in the art would have been motivated to combine the teaching of Yongsheng Pan et al. within the modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. because the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. provides a system and method for implementing reconstruction of images from rotational axis position of scanned tomographical images.
Therefore, it would have been obvious for one in the ordinary skills in the art before the effective filing date of the claimed invention to implement the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. within the modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. for implementation a system and method for reconstruction of images from rotational axis position of scanned tomographical images.
4. Claims 3 and 12 are rejected under 35 U.S.C 103 as being patentable over Inglese et al. (USPUB 20170311910) in view of Yongsheng Pan et al. ( NPL Doc: “Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation”,3rd March 2012, Proc. of SPIE Vol. 8313, Pages 831328-1 - 831328-8) in further view of Uikyu JE et al. ( NPL Doc: “Dental Cone-beam CT Reconstruction from Limited-angle View Data Based on Compressed-sensing (CS) Theory for Fast, Low-dose X-ray Imaging ”,7th April 2014, Journal of the Korean Physical Society, Vol. 64, No. 12, June 2014, Pages 1907-1910).
As per claim 3, Combination of Inglese et al. and Yongsheng Pan et al. teaches claim 1,
Within analogous art, Uikyu Je et al. teaches wherein the axis of rotation is determined prior to CT reconstruction( CT reconstruction of tomographic image from limited images within rotational axis of the CT apparatus taught within the CS based algorithm mentioned Page 1911-“…demonstrating the effectiveness of the CS-based algorithm for image reconstruction from limited-scan angle data for reducing the imaging doses and further improving the image quality…”) .
One of ordinary skill in the art would have been motivated to combine the teaching of Uikyu JE et al. within the combined modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. and the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. because the Dental Cone-beam CT Reconstruction from Limited-angle View Data Based on Compressed-sensing (CS) Theory for Fast, Low-dose X-ray Imaging mentioned by Uikyu JE et al. provides a system and method for implementing an image quality improvement during radiographic image generation process.
Therefore, it would have been obvious for one in the ordinary skills in the art before the effective filing date of the claimed invention to implement the Dental Cone-beam CT Reconstruction from Limited-angle View Data Based on Compressed-sensing (CS) Theory for Fast, Low-dose X-ray Imaging mentioned by Uikyu JE et al. within the combined modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. and the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. for implementation a system and method for an image processing of an image quality improvement during radiographic image generation process.
As per claim 12, Combination of Inglese et al. and Yongsheng Pan et al. teaches claim 10,
Within analogous art, Uikyu Je et al. teaches wherein the axis of rotation is determined prior to CT reconstruction( CT reconstruction of tomographic image from limited images within rotational axis of the CT apparatus taught within the CS based algorithm mentioned Page 1911-“…demonstrating the effectiveness of the CS-based algorithm for image reconstruction from limited-scan angle data for reducing the imaging doses and further improving the image quality…”) .
One of ordinary skill in the art would have been motivated to combine the teaching of Uikyu JE et al. within the combined modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. and the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. because the Dental Cone-beam CT Reconstruction from Limited-angle View Data Based on Compressed-sensing (CS) Theory for Fast, Low-dose X-ray Imaging mentioned by Uikyu JE et al. provides a system and method for implementing an image quality improvement during radiographic image generation process.
Therefore, it would have been obvious for one in the ordinary skills in the art before the effective filing date of the claimed invention to implement the Dental Cone-beam CT Reconstruction from Limited-angle View Data Based on Compressed-sensing (CS) Theory for Fast, Low-dose X-ray Imaging mentioned by Uikyu JE et al. within the combined modified teaching of the Dental imaging with photon-counting detector mentioned by Inglese et al. and the Automatic Detection of Rotational Centers Using GPU from Projection Data for micro-tomography in Synchrotron Radiation mentioned by Yongsheng Pan et al. for implementation a system and method for an image processing of an image quality improvement during radiographic image generation process.
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
EXAMINER NOTE
5. Claims 2 , 11,20 where rejected under non-statutory double patenting Double patenting , but were not rejected with prior art ,due to the claims limitation including allowable limitation not taught by prior art on record : “ wherein determining the axis of rotation comprises: determining a representative pixel for each pixel position from the plurality of radiographs to generate a representative image; and determining a position of line symmetry for at least a row of the representative image. “
6. Claims 4,5,8,9, 13,14,17 and 18 depends on claim 2,11 respectively, therefore the following claims were not rejected with prior art, since they depend on claims that include allowable
limitations not taught by prior art on record.
Examiner’s Notes on Prior Art
7. The Examiner acknowledges the following prior arts below as pertinent to the current applications claim limitations and inventive concept, although the following prior arts shown below were not relied upon to address the limitations within the claim , they are analogous art mentioning the inventive concept key points on (CT medical images , Tomographical images processing , Rotational axis of scanned CT images, pixel resolution etc.).
1) S. Marconi et al.," 3D Virtual and physical pancreas reconstruction discriminating between health and tumor tissue with fuzzy logic,", 2012, Int J CARS (2012) 7 (Suppl 1),Pages 71-85.
2) Mohamed Elsayed Eldib et al.," A motion artifact reduction method for dental CT based on subpixel resolution image registration of projection data,"24th October 2018, Computers in Biology and Medicine 103 (2018), Pages 232-242.
3) Yi Li. et al.," Micro-CT imaging of super-resolution MBIR algorithm based on subpixel displacement,” 16th March 2020, Proceedings Volume 11312, Medical Imaging 2020: Physics of Medical Imaging; ,Pages 1-6.
4) Nghia T. Vo et al. ," Reliable method for calculating the center of rotation in parallel-beam tomography," 30th July 2014, OPTICS EXPRESS 19078 , Vol. 22, No. 16, Pages 1-8.
5) Murat Balci," Sub-pixel Registration In Computational Imaging And Applications To Enhancement Of Maxillofacial Ct Data," Fall (2006), Electronic Theses and Dissertations. 1084., Pages 76-98.
6) P. Mozzo et al. ," A new volumetric CT machine for dental imaging based on the cone-beam technique: preliminary results," 2nd June 1998, European Radiology, 8, (1998),Pages 1558-1563.
7) Timo Kiljunen et al. ," Dental cone beam CT: A review," 19th September 2015, Physica Medica 31 (2015),Pages 844-847.
8) Carlos Flores-Mir et al. ," Measurement accuracy and reliability of tooth length on conventional and CBCT reconstructed panoramic radiograph," 8th January 2013,Dental Press J Orthod. 2014 Sept-Oct;19(5):,Pages 45-51.
8) Zhanli Hu et al. ," Region-of-interest reconstruction for a cone-beam dental CT with a circular trajectory," 18th January 2013, Nuclear Instruments and Methods in Physics Research A 708 (2013,Pages 39-44.
9) Inglese et al. (USPUB 20150004558)
10) Samini et al. (USPUB 20160178539)
11) (KR 101708262)
12) Nishide et al. (USPUB 20060291612)
13) Wang et al. (USPUB 20060291612)
14) GREGERSON et al. (USPUB 20190282185)
15) Ikeda et al. (USPUB 20190282185)
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of Reference Cited for a listing of analogous art.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR S ISMAIL whose telephone number is (571)272-9799 and Fax # is (571)273-9799. The examiner can normally be reached on M-F 9:00am-6:00pm.
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/OMAR S ISMAIL/
Primary Examiner, Art Unit 2635
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