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 04/08/2026 was entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3 - 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.
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) 1 – 7, 11 - 13 and 16 - 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren et al. (US Pub. No. 2008/0130979 A1) and Kopans et al. (US Pub. No. 2008/0285712 A1) in view of Maack (US Pub. No. 2012/0224664 A1).
With regards to claim 1, Ren discloses a method for generating combined X-ray image data of an examination object [0004], the method comprising:
receiving a radiographic X-ray projection data set recorded from an examination object from a first position by a radiography X-ray system [0020] (Abstract);
receiving a tomosynthesis X-ray projection data set recorded from the examination object from a second position by way of a tomosynthesis imaging system, the second position being different from the first position (Claim 1) [0004] [0030];
generating, based on the radiographic X-ray projection data set, a 2D image data set in a perspective coordinate system adapted to a geometry of the radiography X-ray system (Claim 1) [0004] [0030]; and
generating, based on the tomosynthesis X-ray projection data set, a three-dimensional tomosynthesis image data set in the perspective coordinate system adapted to the geometry of the radiography X-ray system [0016] [0017] [0030] [0031]
Notice that the tomosynthesis x-ray measurements and/or images described above can be used to reconstruct or reformat slice images conforming to planes that are not parallel to the image plane of a mammogram, using image processing techniques known in technologies such as CT (computerized tomography) scanning , and to reconstruct or reformat 3D displays of the imaged breast or selected portions of the breast, for display alone or in conjunction with the display of one or more mammograms and/or 3D tomosynthesis slice images [0020] [0030].
Maack discloses a tomosynthesis system (Figure 1) for acquiring a three-dimensional image of an object such as a mammography image of a female breast is proposed. The tomosynthesis system (1) comprises an X-ray source (3), an X-ray detector (7), a support arrangement (15) and a moving mechanism (11). The X-ray source (3) and the X-ray detector (7) are adapted for acquiring a plurality of X-ray images while irradiating the object (17) with an X-ray beam (21) from a plurality of tomographic angles.
Maack teaches for position of the X-ray source outside the center of the circular arcuate path, i.e., α > 0 degrees., the X-ray detector is moved off-center. It is to be noted that the X-ray detector is not only rotated about for example its symmetry axis but is pivoted, i.e. a rotary movement is combined with a translational movement. Such pivoting motion may be selected such that, while the X-ray detector is always rotated so as to be oriented towards the X-ray source, the X-ray detector is at the same time moved translational in order to provide for the X-ray detector always remaining underneath the support arrangement supporting the object to be examined. Such translational movement may be chosen such that the distance (SID) between the X-ray source and the X-ray detector increases with increasing tomographic angle [0004] [0007] [0010] – [0011], [0039] - [0045].
Ren does not expressly disclose that the radiographic X-ray projection data set is recorded from a first position including a first distance and that the tomosynthesis X-ray projection data set is recorded from a second position including a second distance different from the first distance.
Kopans teaches the missing distance feature. Kopans discloses an imaging system in which source 12 is located at a first position 18a with the focal spot at a first distance above object 16, such that a first projection image of the object is formed; the source is then moved to second position 18b such that the focal spot is at a second different distance above object 16, thereby providing different magnification projections. Kopans further teaches that by moving the source closer to and farther away from the object, a series of projection images can be generated and synthesized into tomosynthesis slices.
It would have been obvious to modify Ren’s combined mammogram/tomosynthesis reconstruction method, as implemented in a mammography/tomosynthesis acquisition geometry such as Maack, to include Kopans’s known variable-distance projection acquisition because Ren seeks coordinate-matched use of mammogram and tomosynthesis images, Maack teaches tomosynthesis mammography geometry compatible with regular screening and tomosynthesis modes, and Kopans teaches that variable source/object distance predictably provides projection data useful for tomosynthesis reconstruction.
With regards to claims 3 and 16, Ren discloses the radiography X-ray system according to claim 1 but fails to expressly disclose that the tomosynthesis imaging system are centered relative to one another.
Maack discloses tomosynthesis mammography system 1 including an X-ray source 3 moved along a circular arc and is always oriented with a center axis of an X-ray beam being directed towards the center of the circular arc, an X-ray detector 7 displaced with a rather complex motion [0009].
For example, for a 0 degrees position of the X-ray source 3, the X-ray detector 7 may be positioned centrally underneath the support arrangement for supporting the object such that the center of the detection surface substantially coinciding with the center of the circular arcuate path [0009].
In such 0-degree position, the distance between the X-ray source 3 and the detector is minimum. In this 0-degree position, the source 3-detector 7 arrangement essentially corresponds to an arrangement as used for conventional mammography screening applications [0009] (Figure 2).
In view of the utility, to create better detection with wider angles, sharper detail and reduced false positives, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Ren to include the teachings such as that taught by Maack.
With regards to claim 4, Ren discloses that the generating of a three-dimensional tomosynthesis image data set comprises:
reconstructing, based on the tomosynthesis X-ray projection data set, the three-dimensional tomosynthesis image data set in the perspective coordinate system adapted to the geometry of the radiography X-ray system (Figure 1) [0004] [0016] [0017] [0030] [0031]. Notice the reconstructed in the mammogram geometry coordinate system and the positioning discloses and the superimposed and matching positions (Figure 1) [0004] [0016] [0017] [0030] [0031].
With regards to claim 5, Ren discloses the generating of a three-dimensional tomosynthesis image data set comprises:
reconstructing the three-dimensional tomosynthesis image data set in a perspective coordinate system that is not adapted to the geometry of the radiography X-ray system based on the tomosynthesis X-ray projection data set and a subsequent transformation of the three-dimensional tomosynthesis image data set into the perspective coordinate system adapted to the geometry of the radiography X-ray system [0004] [0016] [0017] [0020] [0030]. Notice how the imaging can be overlapped, mismatched, matched and coordinated [0030] [0031].
See how the image reconstruction unit can generate information describing initial tomosynthesis images, in which tissue or objects in the breast that are at different heights in the breast but overlap in the mammogram appear at mismatched positions in the initial tomosynthesis images, and can use the information describing the initial tomosynthesis images to generate final tomosynthesis images in which said objects appear at positions that are the same as or at least match their positions in the mammogram [0030] [0031].
Notice that the alternative can be implemented by generating the initial tomosynthesis images in an initial coordinate system different from that of the mammogram, and processing the information describing the initial tomosynthesis images into tomosynthesis images that match the coordinate system of the mammogram. In the initial coordinate system, the initial tomosynthesis images may differ in pixel spacing while the final tomosynthesis images may have the same pixel spacing. The final pixel spacing may be the same as in the mammogram [0030] [0031].
With regards to claim 6, Ren discloses the claimed invention according to claim 1, but fails to expressly disclose that the tomosynthesis X-ray projection data set is recorded by moving an X-ray beam source of the tomosynthesis imaging system along a first trajectory to record the tomosynthesis X-ray projection data set from different directions, so that the tomosynthesis X-ray projection data set includes a plurality of X-ray projection data sets acquired from multiple different angles due to the movement of the X-ray beam source along the first trajectory.
Maack discloses a tomosynthesis mammography system including an X-ray source is moved along a circular arc path while being always oriented towards a fixed detector above which the breast is supported [0004] [0009] [0021] – [0023].
In view of the utility, to create better detection with wider angles, sharper detail and reduced false positives, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Ren to include the teachings such as that taught by Maack.
With regards to claim 7, Ren discloses the claimed limitations to claim 6, but fails to expressly disclose the first trajectory comprises one of the following trajectory types: a segment of a circular path or an ellipse, a central axis of which runs orthogonally relative to a recording direction of the radiographic X-ray projection data set, or a line, which runs transversely relative to the recording direction of the radiographic X-ray projection data set.
Maack discloses an X-ray source is moved along a circular arc path while being always oriented towards a fixed detector above which the object of interest is supported [0004] [0009] [0010] [0038] [0039].
In view of the utility, to create better detection with wider angles, sharper detail and reduced false positives, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Ren to include the teachings such as that taught by Maack.
With regards to claim 11, Ren discloses a method for the combined X-ray image recording of an examination object (Figures 5a and 5b), the method comprising:
acquiring a radiographic X-ray projection data set from an examination object from a first position by way of a radiography X-ray system [0004] [0030] (Claim 1);
acquiring a tomosynthesis X-ray projection data set from the examination object from a second position by way of a tomosynthesis imaging system, the second position differing from the first position; and performing the method as claimed claim 1 [0016] – [0020] [0030].
With regards to claim 12, Ren discloses a reconstruction device, comprising:
an input interface (i.e., Ren does not label the input interface but the acquisition unit and the data path inherently provide input of the respective data sets) configured to receive a radiographic X-ray projection data set recorded from an examination object from a first position by a radiography X-ray system (Figures 1a – 5) [0004], and receive a tomosynthesis X-ray projection data set recorded from the examination object from a second position by way of a tomosynthesis imaging system (Figure 1a and 6), the second position differing from the first position;
an image generation unit 54 configured to generate, based on the radiographic X-ray projection data set, a 2D image data set in a perspective coordinate system adapted to a geometry of the radiography X-ray system (Claim 1) [0004] [0016] [0017] [0031]0031]; and
a reconstruction unit 56 configured to generate, based on the tomosynthesis X-ray projection data set, a three-dimensional tomosynthesis image data set in the perspective coordinate system adapted to the geometry of the radiography X-ray system (see FIGS. 1a and 1b illustrate in simplified form an example of geometry used in obtaining x-ray mammograms and x-ray tomosynthesis measurements) [0016] [0017] [0031]0031].
With regards to claim 13, Ren discloses combined X-ray imaging system (Figures 1a – 6), comprising:
a radiography X-ray system configured to acquire a radiographic X-ray projection data set from an examination object from a first position (Abstract) [0004] [0030];
a tomosynthesis imaging system configured to acquire a tomosynthesis X-ray projection data set from the examination object from a second position, the second position differing from the first position [0004] [0030]; and a reconstruction device as claimed in claim 12 [0031].
Notice the that Ren teaches x-ray system comprising an x-ray data acquisition unit that uses a cone-shaped or pyramid shaped x-ray beam and an x-ray receptor to obtain tomosynthesis x-ray measurements and x-ray measurements for at least one 2D x-ray projection mammogram of a patient's breast, a pre-processor that receives said measurements from the x-ray receptor and subjects them to pre-processing operations, a tomo/mammo image reconstruction unit that receives the pre-processed images (Abstract) (Claim 1) [0030] [0031].
With regards to claim 17, Ren discloses the generating of a three-dimensional tomosynthesis image data set comprises:
reconstructing the three-dimensional tomosynthesis image data set in a perspective coordinate system that is not adapted to the geometry of the radiography X-ray system based on the tomosynthesis X-ray projection data set and a subsequent transformation of the three-dimensional tomosynthesis image data set into the perspective coordinate system adapted to the geometry of the radiography X-ray system [0004] [0016] [0017] [0020] [0030]. Notice how the imaging can be overlapped, mismatched, matched and coordinated [0030] [0031].
See how the image reconstruction unit can generate information describing initial tomosynthesis images, in which tissue or objects in the breast that are at different heights in the breast but overlap in the mammogram appear at mismatched positions in the initial tomosynthesis images, and can use the information describing the initial tomosynthesis images to generate final tomosynthesis images in which said objects appear at positions that are the same as or at least match their positions in the mammogram. This alternative can be implemented by generating the initial tomosynthesis images in an initial coordinate system different from that of the mammogram, and processing the information describing the initial tomosynthesis images into tomosynthesis images that match the coordinate system of the mammogram. In the initial coordinate system, the initial tomosynthesis images may differ in pixel spacing while the final tomosynthesis images may have the same pixel spacing. The final pixel spacing may be the same as in the mammogram [0030] [0031].
With regards to claim 18, see the rejections of claims 1 – 3, 6 and 7.
Claim(s) 8 – 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren et al. (US Pub. No. 2008/0130979 A1), Maack (US Pub. No. 2012/0224664 A1) and Kopans et al. (US Pub. No. 2008/0285712 A1) in view of Eberhard et al. (US Pub. No. 2005/0133706 A1).
With regards to claims 8 and 20, Ren discloses the claimed limitations according to claim 6, and further discloses the tomosynthesis X-ray projection data set is recorded by moving an X-ray beam source along a second trajectory [0004] [0020] [0030] [0031], but fails to expressly disclose generating by the movement of the X-ray beam source along the first trajectory being overlaid with the movement of the X-ray beam source transversely to the movement along the first trajectory.
Eberhard discloses an imaging system for scanning a volume of interest in an object, the system includes a radiation source configured to traverse in a plurality of focal spot positions yielding a plurality of focal spot trajectories. Each focal spot trajectory defines a two-dimensional focal spot projection in an image acquisition plane. Each of the focal spot positions comprise at least two positions at unequal distances from the image acquisition plane (Abstract).
Eberhard also teaches non-limiting examples of focal spot positions 52 include focal spot positions spaced equally on the focal spot trajectory, the focal spot positions having equal angular increment along the focal spot trajectory. Similarly, the non-limiting examples for the focal spot projections include at least one of a circle, an ellipse, a square, a rectangle, a composition of at least two closed curves intersecting at a point, a composition of a set of non-intersecting closed curves, and a spiral in the image acquisition plane. More examples of the focal spot projections include a shape including at least one of a saw tooth curve, a sine wave, a square wave, or an arbitrary curve, wherein the amplitude of the shape is defined by the volume of interest being imaged [0032] – [0036].
In view of the utility, to addresses blurring depth, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Ren to include the teachings such as that taught by Eberhard.
With regards to claim 9, Ren discloses the claimed limitations according to claim 6, and further discloses the tomosynthesis X-ray projection data set is recorded by moving an X-ray beam source along a second trajectory [0004] [0020] [0030] [0031], but fails to expressly disclose the overlaid movement has one of the following movement types: an additional movement transversely relative to the first trajectory, or an alternating movement transversely relative to the first trajectory, resulting in a zig-zag movement.
Eberhard also teaches non-limiting examples of focal spot positions 52 include focal spot positions spaced equally on the focal spot trajectory, the focal spot positions having equal angular increment along the focal spot trajectory [0032] – [0036].
Similarly, the non-limiting examples for the focal spot projections include at least one of a circle, an ellipse, a square, a rectangle, a composition of at least two closed curves intersecting at a point, a composition of a set of non-intersecting closed curves, and a spiral in the image acquisition plane. More examples of the focal spot projections include a shape including at least one of a saw tooth curve, a sine wave, a square wave, or an arbitrary curve, wherein the amplitude of the shape is defined by the volume of interest being imaged [0032] – [0036].
In view of the utility, to addresses blurring depth, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Ren to include the teachings such as that taught by Eberhard.
With regards to claim 10, Ren discloses the claimed limitations according to claim 6, and further discloses the tomosynthesis X-ray projection data set is recorded by moving an X-ray beam source along a second trajectory [0004] [0020] [0030] [0031],
but fails to expressly disclose the movement along the first trajectory includes an alternating movement with a time-dependent amplitude, the movement in a transverse direction includes an alternating movement with a time-dependent amplitude, and the movement along the first trajectory and the movement in the transverse direction are phase-shifted relative to one another to generate a spiral movement of the X-ray beam source.
Eberhard teaches non-limiting examples of focal spot positions 52 include focal spot positions spaced equally on the focal spot trajectory, the focal spot positions having equal angular increment along the focal spot trajectory [0032] – [0036].
Similarly, Eberhard teaches non-limiting examples for the focal spot projections include at least one of a circle, an ellipse, a square, a rectangle, a composition of at least two closed curves intersecting at a point, a composition of a set of non-intersecting closed curves, and a spiral in the image acquisition plane. More examples of the focal spot projections include a shape including at least one of a saw tooth curve, a sine wave, a square wave, or an arbitrary curve, wherein the amplitude of the shape is defined by the volume of interest being imaged [0032] – [0036].
In view of the utility, to addresses blurring depth, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Ren to include the teachings such as that taught by Eberhard.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ren et al. (US Pub. No. 2008/0130979 A1), Maack (US Pub. No. 2012/0224664 A1) and Kopans et al. (US Pub. No. 2008/0285712 A1) in view of Eberhard et al. (US Pub. No. 2005/0133706 A1).
With regards to claim 14, Ren discloses the claimed limitations according to claim 1, but fails to expressly disclose a non-transitory computer program product comprising commands that, when executed by at least one processor at a reconstruction device, cause the reconstruction device to perform the method of claim 1
Eberhard discloses computer programming products as claimed [0021] [0024] [0025].
In view of the utility, store programs and run programs, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Ren to include the teachings such as that taught by Eberhard.
With regards to claim 15, Ren discloses the claimed limitations according to claim 1, but fails to expressly disclose a non-transitory computer-readable medium comprising computer-readable instructions that, when executed by at least one processor at a reconstruction device, cause the reconstruction device to perform the method of claim 1.
Eberhard discloses computer programming with computer readable mediums [0021] [0024] [0025].
In view of the utility, to addresses blurring depth, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify Ren to include the teachings such as that taught by Eberhard.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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