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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 12, 2025 has been entered.
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.
Claim(s) 1-4, 6-10 and 14, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US Pub No. 2024/0115226) in view of Shanbhag et al. (US Pub No. 2020/0037962)
With regards to claims 1, 17 and 19, Li et al. disclose a method and system comprising:
an imaging device (110) (paragraph [0033], referring to the medical device (110) may include a single modality or multi-modality scanner, such as a CT scanner, etc.; Figure 1);
a processor (120, 210) (paragraphs [0031], [0036]-[0038], [0046]-[0047], referring to the processing device/processor; Figures 1-3); and
a memory (130, 220) storing instructions thereon that, when executed by the processor (paragraph [0038], referring to the storage device (130) which may store data and/or instructions that the processing device (120) may execute or use to perform the methods; paragraphs [0046]-[0047]; Figures 1-3), cause the processor to:
perform a preview scan process (i.e. scan process associated with the topogram/localizer scans) associated with scanning a patient anatomy including a first portion (i.e. head portion), a second portion (i.e. chest portion) different from the first portion (i.e. head portion, wherein a chest portion is different from a head portion), and a third portion (i.e. neck portion) different from the first portion and the second portion (i.e. a neck portion is different from head and chest portions) (paragraph [0065], referring to the a topogram image [i.e. known in the art as a scout/preview scan for a CT image device] being associated with a localizer scan (also referred to as a topogram scan), wherein the localizer scan is performed by the medical device (110); paragraph [0071], referring to the scan protocol including a scan protocol for a topogram scan, wherein a multi-region scan may be performed for the subject and wherein the multi-region scan includes a sequence of ROIs being scanned by the medical device; paragraph [0076], referring to the scan range of each ROI of the sequence of ROIs being defined by a scan start position and a scan end position; paragraph [0116], referring to one or more localizer scans being performed on one or more ROIs of the subject, and one or more enhanced scan or plain scan may then be performed on one or more ROIs of the subject, and thus a localizer scan may be first performed for each of the ROIs, such as those disclosed in paragraph [0088] which refers to a scan protocol comprising of the processing device obtaining a first ROI (e.g., the head), a second ROI (e.g., the neck) and a third ROI (e.g., the chest) of the subject based on image data of the subject; Figures 1, 5); and
perform a long scan process associated with scanning the patient anatomy based on the preview scan process (paragraphs [0071]-[0072], referring to the scan protocol including a scan protocol for a plan scan or enhanced scan, wherein a multi-region scan may be performed for the subject and wherein the multi-region scan includes a sequence of ROIs being scanned by the medical device with the scan axis direction corresponding to the Y-axis direction as illustrated in Figure 1, and thus such a multi-region scan would correspond to a “long scan process” as the multi-region scan would cover a length of the subject in the Y-axis direction; paragraph [0116], referring to one or more localizer scans being performed on one or more ROIs of the subject, and one or more enhanced scan or plain scan may then be performed on one or more ROIs of the subject, and thus an enhanced or plan scan may be performed for each of the ROIs after the preview (i.e. topogram/localizer) scan process; paragraph [0088] which refers to a scan protocol comprising of the processing device obtaining a first ROI (e.g., the head), a second ROI (e.g., the neck) and a third ROI (e.g., the chest) of the subject based on image data of the subject, and thus a plain/enhanced scan can be performed covering a length from the head region to the chest region, which would correspond to a “long scan” as it covers a longitudinal length of the body; paragraph [0043], referring to the image capturing device being configured to capture image data of the subject continuously (or intermittently/periodically); paragraph [0103], referring to the controlling information for the plain scan state being based on information from the topogram scan),
wherein:
performing the preview scan process comprises: capturing a first localization image of the first portion of the patient anatomy (i.e. localization/topogram image of the first ROI, such as the head (i.e. “first portion”)) based on a start position associated with the long scan process, wherein the first localization image includes the start position (i.e. start position of the first ROI, which would correspond to the start of the long scan process); capturing a second localization image of the second portion of the patient anatomy (i.e. localization/topogram image of the third ROI, such as the chest (i.e. “second portion”)) based on a stop position associated with the long scan process, wherein the second localization image includes the stop position (i.e. stop position of the third ROI, which would correspond to the stop position of the long scan process; and capturing one or more intermediate localization images of the third portion of the patient anatomy (i.e. localization/topogram image of the second ROI, such as the neck (i.e. “third portion”)) based on one or more intermediate positions different from the start position and the stop position and positioned between the start position (i.e. start position of the first ROI/head in the multi-region scan process) and the stop position (i.e. stop position of the third ROI/chest in the multi-region scan process) with respect to a first axis (i.e. axis associated with the Y-direction in Figure 1) associated with acquisition of a long scan image from the long scan process, wherein the third localization image includes the one or more intermediate positions (paragraph [0065], referring to the a topogram image [i.e. known in the art as a scout/preview scan for a CT image device] being associated with a localizer scan (also referred to as a topogram scan), wherein the localizer scan is performed by the medical device (110); paragraph [0071], referring to the scan protocol including a scan protocol for a topogram scan, wherein a multi-region scan may be performed for the subject and wherein the multi-region scan includes a sequence of ROIs being scanned by the medical device; paragraph [0076], referring to the scan range of each ROI of the sequence of ROIs being defined by a scan start position and a scan end position; paragraph [0116], referring to one or more localizer scans being performed on one or more ROIs of the subject, and one or more enhanced scan or plain scan may then be performed on one or more ROIs of the subject, and thus a localizer scan may be first performed for each of the ROIs, such as those disclosed in paragraph [0088] which refers to a scan protocol comprising of the processing device obtaining a first ROI (e.g., the head), a second ROI (e.g., the neck) and a third ROI (e.g., the chest) of the subject based on image data of the subject; Figures 1, 5) and
performing the long scan process from the start position to the stop position and including the one or more intermediate positions along an image acquisition path passing through at least a portion of the first localization image, the second localization image and the third localization image, and in accordance with one or more parameters (i.e. height V0 of the scanning table, a scan start position, start position H1 of the plan scan, etc.) (paragraphs [0071]-[0072], referring to the scan protocol including a scan protocol for a plan scan or enhanced scan, wherein a multi-region scan may be performed for the subject and wherein the multi-region scan includes a sequence of ROIs being scanned by the medical device with the scan axis direction corresponding to the Y-axis direction as illustrated in Figure 1, and thus such a multi-region scan would correspond to a “long scan process” as the multi-region scan would cover a length of the subject in the Y-axis direction and further is performed from the start position (i.e. start position of the first ROI/head scan) to the stop position (i.e. stop position of the third ROI/chest scan) and include the one or more intermediate positions (i.e. position associated with the second ROI/neck scan); paragraph [0116], referring to one or more localizer scans being performed on one or more ROIs of the subject, and one or more enhanced scan or plain scan may then be performed on one or more ROIs of the subject, and thus an enhanced or plan scan may be performed for each of the ROIs after the preview (i.e. topogram/localizer) scan process; paragraph [0088] which refers to a scan protocol comprising of the processing device obtaining a first ROI (e.g., the head), a second ROI (e.g., the neck) and a third ROI (e.g., the chest) of the subject based on image data of the subject, and thus a plain/enhanced scan can be performed covering a length from the head region to the chest region, which would correspond to a “long scan” as it covers a longitudinal length of the body; paragraph [0043], referring to the image capturing device being configured to capture image data of the subject continuously (or intermittently/periodically); paragraphs [0103]-[0104], referring to the controlling information and parameters, such as start position H1, etc., of the plain scan being confirmed based on the topogram image; paragraphs [0110]-[0111], referring to the height of the scanning table being automatically or semi-automatically adjusted and the imaging isocenter alignment being automatically or semi-automatically achieved, etc.; paragraph [0116], referring to the processing device determining the scan order of the plurality of ROIs of the subject based on the scan protocols corresponding to the plurality of ROIs; paragraph [0006], referring to the image data including a topogram image, wherein, for each ROI of the sequence of ROIs, identifying scan information of the ROI based on the image data; Figures 1, 5).
However, Li et al. do not specifically disclose that the one or more parameters are associated with the image acquisition path, wherein the one or more parameters are set based on the first localization image, the second localization image, and the third localization image.
Shanbhag et al. disclose the use of a workflow for automatic prescription of different radiological imaging scan planes across different anatomies and modalities, wherein the automated prescription of such imaging scan planes helps ensure contiguous visualization of the different landmark structures (Abstract). A plurality of localizer scout images are acquired using an imaging system, wherein the localizer or scout images are processed using a scan plane network trained to determine one or more image scan planes or image scan plane parameters that contain regions of the anatomic landmark-of-interest (paragraphs [0005]-[0006]). One or more diagnostic images are acquired using the one or more image scan planes or image scan plane parameters that incorporates the anatomy-of-interest that is necessary to provide a clinical diagnostic assessment (paragraphs [0005]-[0006], [0072]-[0074], note that a plurality of localizer images are used to set parameters (i.e. image scan plane parameters that contain regions of the anatomic landmark-of-interest) that are associated with the image acquisition path; Figure 8).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the one or more parameters of Li e tal. be associated with the image acquisition path, wherein the one or more parameters are set based on the first localization image, the second localization image, and the third localization image, as taught by Shanbhag et al., in order to provide an automated prescription of imaging scan planes and thus help ensure contiguous visualization of the different landmark structures (Abstract).
With regards to claim 2, Shanbhag et al. disclose that the instructions are further executable by the processor to: calculate one or more parameters associated with the image acquisition path based on the first localization image, the second localization image, and the one or more intermediate localization images (paragraphs [0072]-[0074], referring to localizer or scout images (200) being used to output one or more image scan planes or image scan plane parameters; Figure 8).
With regards to claims 3, 18 and 20, Li et al. disclose that the instructions are further executable by the processor to: generate a multiple field of view (i.e. “multi-region scan”) representation of the patient anatomy in response to performing the preview scan process, wherein generating the multiple field of view representation comprises providing synchronized navigation (i.e. scanning in a sequence of ROIs) of the first localization image, the second localization image, and the one or more intermediate localization images (paragraphs [0029], [0071], referring to the multi-region scan of the subject, wherein a multi-region scan refers to a plurality of ROIs of a subject need to be scanned in sequence (i.e. sequence of ROIs) during a scan process of the subject, wherein the scan protocol may be a topogram scan; paragraphs [0088], [0103]-[0104]; Figures 5-6).
With regards to claims 4 and 7, Shanbhag et al. disclose that the instructions are further executable by the processor to: adjust the one or more parameters associated with an imaging device utilized for the long scan process for capturing multidimensional images to cause radiation emitted from a source of the imaging device to be focused on target coordinates associated with each of the first localization image, the second localization image, and the third localization image (paragraphs [0072]-[0074], referring to localizer or scout images (200) being used to output one or more image scan planes or image scan plane parameters; Figure 8, wherein the localization and orientation parameters are depicted as coordinates for the localization and orientation of the scan planes (224), which would correspond to the coordinates for x-ray radiation).
With regards to claim 6, Li et al. disclose that the instructions are further executable by the processor to: identify target coordinates (i.e. center of ROI, such as the head) corresponding to a target region (i.e. ROI) comprised in at least one localization image among the first localization image, the second localization image, and the one or more intermediate localization images, wherein performing the long scan process is based on the target coordinates (paragraphs [0081]-[0084], referring to isocenter of the medical device being aligned with a center of the corresponding ROI, wherein the scan information of the ROI may include the position of the center of the ROI; paragraphs [0103]-[0112], referring to the plain/enhanced scans being based on information from the topogram scan, such as a center of the head (i.e. ROI) in the topogram scan).
With regards to claim 8, Li et al. disclose that identifying the target coordinates is in response to a user selection of at least one of: the target region comprised in the at least one localization image; and a target portion of the patient anatomy, wherein the target portion is comprised in the target region (paragraphs [0103]-[0112], referring to the user determining and/or adjusting a scan range of the head of the subject using the displayed topogram image, wherein the user may, for example, determine a scan start position H1 of the plain scan of the head which would thus correspond to the user selecting and confirming a target region (i.e. head) including the target portion (i.e. start position/center) of the target region).
With regards to claim 9, Li et al. disclose that identifying the target coordinates is in response to detecting a target feature (i.e. center of ROI, such as the head) comprised in the target region (i.e. head), wherein the target feature is associated with the patient anatomy (paragraphs [0081]-[0084], referring to isocenter of the medical device being aligned with a center of the corresponding ROI, wherein the scan information of the ROI may include the position of the center of the ROI; paragraphs [0103]-[0112], referring to the plain/enhanced scans being based on information from the topogram scan, such as a center of the head (i.e. ROI) in the topogram scan).
With regards to claim 10, Li et al. disclose that the target region comprised in the at least one localization image comprises at least a portion of the patient anatomy (i.e. head, etc.) (paragraphs [0103]-[0112], referring to the plain/enhanced scans being based on information from the topogram scan, such as a center of the head (i.e. ROI) in the topogram scan).
With regards to claim 14, Li et al. disclose that the patient anatomy comprise a spinal structure or soft tissue (paragraph [0033], referring to the medical device comprising, for example, a CT scanner; paragraphs [0032], [0088], referring to the thorax/chest and neck region being imaged, wherein CT images of such regions would include the spine).
With regards to claim 16, Li et al. disclose that the first localization image, the second localization image, and the one or more intermediate localization images each comprise an X-ray image, a computed tomography (CT) image, a magnetic resonance imaging (MRI) image, an optical image, or a light detection and ranging (LiDAR) image (paragraphs [0032]-[0033], referring to the medical device including a CT scanner, an X-ray scanner, an MRI scanner, an OCT scanner, etc.).
Claim(s) 5 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Shanbhag et al. as applied to claim 1 above, and further in view of Helm et al. (US Pub No. 2023/0169753).
With regards to claims 5 and 11, as discussed above, the above combined references meet the limitations of claim 1. Further, Li et al. disclose that the instructions executable by the processor to perform the long scan process are further executable by the processor to: capture a set of multidimensional images (i.e. 2D, 3D, 4D images) comprising the patient anatomy based on the first localization image, the second localization image, and the one or more intermediate localization images (paragraph [0064], referring to the image data including 2D image, 3D image 4D image, etc.; paragraphs [0071]-[0072], referring to the scan protocol including a scan protocol for a plan scan or enhanced scan, wherein a multi-region scan may be performed for the subject and wherein the multi-region scan includes a sequence of ROIs being scanned by the medical device with the scan axis direction corresponding to the Y-axis direction as illustrated in Figure 1, and thus such a multi-region scan would correspond to a “long scan process” as the multi-region scan would cover a length of the subject in the Y-axis direction; paragraph [0116], referring to one or more localizer scans being performed on one or more ROIs of the subject, and one or more enhanced scan or plain scan may then be performed on one or more ROIs of the subject, and thus an enhanced or plan scan may be performed for each of the ROIs after the preview (i.e. topogram/localizer) scan process; paragraph [0088] which refers to a scan protocol comprising of the processing device obtaining a first ROI (e.g., the head), a second ROI (e.g., the neck) and a third ROI (e.g., the chest) of the subject based on image data of the subject).
However, with regards to claim 5, Li do not specifically disclose that the instructions are further executable by the processor to acquire, based on the long scan process, a long scan image having a size that is greater than a corresponding size of each of the first localization image, the second localization image, and the one or more intermediate localization images at least with respect to a dimension corresponding to a scan direction along the first axis and associated with acquisition of the long scan image.
Additionally, with regards to claim 11, Li et al. do not specifically disclose that the processor can further generate a long scan image comprising the patient anatomy based on merging data associated with the set of multidimensional images.
Helm et al. disclose a method and system for analyzing image data of a subject acquired in a linear path of movement of the source and/or detector, wherein a long view can be generated by combining, such as by stitching/merging together, a plurality of acquired images (paragraphs [0008]-[0009], [0065], [0069], [0073]-[0075]; Figures 5-8). Continuity is achieved by blending various portions of images that are near matches (e.g., determined to be similar portions) and thus an image of the human patient may be provided that is greater than any dimension of any single projection acquired with the imaging system (paragraphs [0031], [0073]; note that the stitched/merged together image has a size that is greater than a corresponding size of each of the plurality of acquired images at least with respect to a dimension corresponding to the scan direction).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the instructions of the above combined references be further executable by the processor to acquire, based on the long scan process, a long scan image having a size that is greater than a corresponding size of each of the first localization image, the second localization image, and the one or more intermediate localization images at least with respect to a dimension corresponding to a scan direction along the first axis and associated with acquisition of the long scan image and further have the processor of Li et al. be further configured to generate a long scan image comprising the patient anatomy based on merging data associated with the set of multidimensional images, as taught by Helm et al., in order to provide a continuous image of the human patient that is greater than any dimension of any single image acquired with the imaging system (paragraphs [0031], [0073]).
With regards to claim 12, Li et al. disclose that the set of multidimensional images comprise an X-ray image, a computed tomography (CT) image, or a magnetic resonance imaging (MRI) image (paragraph [0033], referring ot the medical device bein an X-ray scanner, a CT scanner or a MRI scanner, etc.).
With regards to claim 13, Li et al. disclose that the long scan image depicts at least a curved portion of the patient anatomy (paragraph [0033], referring to the medical device comprising, for example, an X-ray scanner or CT scanner, etc.; paragraphs [0032], [0088], referring to the thorax/chest and neck region being imaged, wherein X-ray or CT images of such regions would include the spine, which is a curved portion of the patient anatomy).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Shanbhag et al. as applied to claim 1 above, alone, or alternatively, further in view of Dewaele et al. (US Patent No. 6,273,606).
With regards to claim 15, as discussed above, the above combined references meet the limitations of claim 1. Further, Li et al. disclose that the first portion (i.e. head), second portion (i.e. chest) and third portion (i.e. neck) of the patient anatomy are non-overlapping (note that the head, chest and neck are known non-overlapping portions of a human anatomy) (paragraph [0088] which refers to a scan protocol comprising of the processing device obtaining a first ROI (e.g., the head), a second ROI (e.g., the neck) and a third ROI (e.g., the chest) of the subject based on image data of the subject).
However, alternatively, if Applicant does not consider that the head, neck and chest are non-overlapping portion of the patient anatomy, Dewaele et al. disclose using overlapping cassettes for recording a radiation image or dispositions with touching or separate non-overlapping cassettes may be thought of likewise (Abstract; column 5, lines 59-65, note that the cassettes represent different portions of the body and thus the image may be captured/recorded using non-overlapping portions).
Therefore, alternatively, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the first portion, the second portion and the third portion of the patient anatomy be non-overlapping, as taught by Dewaele et al., as the use of non-overlapping anatomy portions are a known alternative to using overlapping anatomy portions when acquiring an image (column 5, lines 59-65).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Shanbhag has been introduced to teach one or more parameters being associated with the image acquisition path, wherein the one or more parameters are set based on the first localization image, the second localization image and the third localization image.
Applicant argues that the previously applied prior art does not disclose a process that utilizes three or more localization images of three distinct portions of patient anatomy to define, as well as serve as the basis for the setting of parameters associated with, an image acquisition path for a long scan process from the start position to the stop position and passing through the intermediate position.
Examiner notes that Shanbhag has been introduced to teach using localization images to set one or more parameters being associated with the image acquisition path. With regards to Applicant’s assertion that the localization images are that of three “distinct” portions of the patient anatomy, Examiner notes that the three localization images of Li are associated with the head, chest and neck, which are known to be distinct portions of the patient anatomy. Additionally, with regards to the limitation of the image acquisition path being for a long scan process from the start position to the stop position and passing through the intermediate positions, Li does disclose that the image data of the subject may be captured “continuously” during the scan of the subject being performed by the medical device (paragraph [0043]) and that the three ROIs (i.e. head, neck and chest) may be scanned by the medical device in sequence (paragraph [0088]), thus providing a scan along the length of the patient anatomy (i.e. from head to neck to chest) which corresponds to a “long scan process”. Further, the start position of the first localization images defines the start position of the long scan process and the stop position of the second localization image defines the stop position of the long scan process.
The claims therefore remain rejected.
Conclusion
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/KATHERINE L FERNANDEZ/Primary Examiner, Art Unit 3798