DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 13 April 2026 has been accepted and entered.
Response to Arguments
Applicant's arguments filed 13 April 2026 have been fully considered but they are not persuasive. Applicant argues that “there is no disclosure or suggestion in DeCarvalho of an analysis of the scout/LE image to locate one or more triggering attributes, characteristics or findings within the object, as required by claims 1 and 16.” The Examiner respectfully disagrees.
The claim limitations, as drafted, recite: “d) analyzing the one or more LE images to locate one or more triggering attributes, characteristics or findings within the object”, which may be interpreted using the groupings: “d) analyzing the one or more LE images to locate one or more (triggering attributes), (characteristics) or (findings within the object)”.
As such, Decarvalho discloses:
“[0040] At 304, one or more scout scan images are acquired. The scout scan images may be obtained with the x-ray source in a single/fixed position (e.g., a medial position, obtained with the x-ray tube positioned at zero degrees from a midline axis perpendicular to the top surface of the detector). The scout scan images may be lose dose, short exposure images. In some examples, a brightness of the scout scan image may be assessed to determine the x-ray technique (e.g., x-ray source current and voltage) for subsequent images. The scout scan images may be single energy images (e.g., low energy images) or dual energy subtraction images (e.g., where a low energy image and a high energy image are obtained, registered, and then one image is subtracted from the other to remove background and highlight the contrast agent).”
Thus, Decarvalho discloses “characteristics”, such as assessing the brightness of the scout scan to determine the x-ray technique, or highlighting the image to show contrast agent characteristics.
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 12 is 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.
With respect to claim 12, this claim depends upon itself and the scope of this claim cannot thus be determined.
Claim Rejections - 35 USC § 102
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 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) 1-4, 8-11, 16-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Milioni De Carvalho, et al. (US 2021/0259649 A1, published 26 August 2021).
With respect to claims 1-3, 16 and 17, Milioni De Carvalho discloses: a system and associated method for determining the need for generation of enhanced diagnostic images of a patient, the method comprising the steps of: a) providing an imaging system comprising: i) a radiation source operable at to emit radiation at multiple energy levels (low energy and high energy, par. [0031]), a detector alignable with the radiation source (18, par. [0021]), the detector having a surface on which an object to be imaged is adapted to be positioned (40, compression paddle, for example); and ii) a controller operably connected to the radiation source and the detector to control the operation of the radiation source and detector to generate image data in an imaging procedure performed by the imaging system, the controller including a central processing unit and interconnected database for processing the image data from the detector to create images (processor, par. [0074]), a display operably connected to the controller for presenting information to a user (50, par. [0025]), and a user interface operably connected to the controller to enable user input to the controller (52/54/56, par. [0025]); b) positioning the object on the surface between the radiation source and the detector; c) acquiring one or more low energy (LE) images of the object (scout scan images par. [0040]); d) analyzing the one or more LE images to locate one or more triggering attributes, characteristics or findings within the object (imaging in LE images may confound visualization of the legion, par. [0059]); e) optionally acquiring one or more additional images of the object, the one or more additional images acquired with radiation having an energy level different than employed for acquiring the one or more LE images if one or more triggering attributes, characteristics or findings are located in the object (subsequent imaging using DE imaging, which includes and HE image, par. [0061]); and f) optionally processing the one or more LE images and the one or more additional images to form one or more enhanced images (DE images, par. [0061], which may be 3D, par. [0073]).
With respect to claims 4 and 20, Milioni De Carvalho discloses the claimed method wherein the imaging system is a mammography imaging system including a gantry supporting the radiation source and the detector and operably connected to the controller (shown in Fig. 1, par. [0023]), a compression plate disposed on the gantry and movable with respect to the radiation source and the detector, wherein the object is a breast (par. [0023]), wherein the one or more triggering attributes, characteristics or findings within the object are one or more regions of interest (ROIs) within the breast (lesion, par. [0059]) and wherein the step of positioning the object on the surface between the radiation source and the detector comprises the steps of: a) placing the breast on the surface of the detector; and b) moving the compression plate to compress the breast at a first compression between the compression plate and the surface (par. [0023]).
With respect to claims 8-11 and 18, Milioni De Carvalho discloses that acquiring one or more LE images comprises the one or more LE images in a 2D or 3D acquisition procedure (par. [0015]), and acquiring the one or more HE images in a 2D or 3D acquisition procedure (par. [0032, 0057, 0070].
Allowable Subject Matter
Claims 5-7, 13-15, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 5-7, the cited prior art does not appear to disclose or reasonably suggest: a) moving the compression plate to decompress the breast from the first compression between the compression plate and the surface after acquiring the one or more LE images of the breast; and b) moving the compression plate to recompress the breast at a second compression between the compression plate and the surface, in addition to all of the other claimed elements.
With respect to claim 13, the cited prior art does not appear to specify analyzing the one or more LE images manually through the user interface.
With respect to claim 14, the cited prior art does not specify adjusting a collimator on the radiation source between acquisition of the LE images and one or more additional images, as claimed.
With respect to claims 15 and 19, the cited prior art does not appear to specify automatically performing analysis of LE images by a CAD system, as clamed.
Conclusion
THIS ACTION IS MADE FINAL. 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 MARK R GAWORECKI whose telephone number is (571)272-8540. The examiner can normally be reached Monday-Friday 8 AM-6 PM.
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, DAVID MAKIYA can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK R GAWORECKI/ Primary Examiner, Art Unit 2884 12 May 2026
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