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 .
Claim Objections
Claim 3 is objected to because of the following informalities:
Regarding claim 3, the limitations “a relative positional relationship between the first diffraction grating and the second diffraction grating being maintained at or near a position at which an X-ray intensity of each pixel becomes an average value, the vibration unit being configured to excite the object so as to cause vibration in the object, and the processing unit being configured to calculate an elastic modulus of the object based on a displacement amount of a wave due to the vibration in a projection image of the X- ray detected by the detection unit”” should be changed to “wherein a relative positional relationship between the first diffraction grating and the second diffraction grating being maintained at or near a position at which an X-ray intensity of each pixel becomes an average value, wherein the vibration unit is further configured to excite the object so as to cause vibration in the object, and wherein the processing unit is configured to calculate an elastic modulus of the object based on a displacement amount of a wave due to the vibration in a projection image of the X- ray detected by the detection unit” in order to correct grammatical informalities.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 1 recites limitations directed to both a system and a method. As currently written, claim 1 defines a phase contrast X-ray optical system and a method. The claim fails to define whether the claimed invention is directed to the system or the method. See MPEP 2106.03. The Examiner has interpreted the claim as being directed to the method. The Examiner has interpreted the limitation “the phase contrast X-ray optical system comprising:” as “the phase contrast X-ray optical system including:”. Claim 2 is rejected by virtue of its dependency.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhao (U.S. 2023/0011644).
Regarding claim 1, as best understood:
Zhao discloses a method for calculating an elastic modulus using a phase contrast X-ray optical system capable of detecting refraction or scattering of X-rays by an object,
the phase contrast X-ray optical system including:
a grating portion (Fig. 17, G0, G1, and G2);
a radiation source ([0223], source) configured to irradiate the grating portion (Fig. 17, G0, G1, and G2) and the object (Fig. 17, 2) with an X-ray; and
a detection unit (Fig. 17, detector 22) that detects the X-ray having passed through the grating portion and the object for each pixel (Fig. 17, detector 22),
the grating portion including a first diffraction grating (Fig. 17, G1) and a second diffraction grating (Fig. 17, G2) disposed in parallel with a self-image of the first diffraction grating (Fig. 17, G2 is parallel with G1), and
a relative positional relationship between the first diffraction grating and the second diffraction grating being set so as to be at or near a position at which an X-ray intensity of each pixel becomes an average value ([01530]-[01531], geometric relation between gratings; the distances aren’t changed), and
the method comprising:
detecting a projection image (Fig. 10, first step) of the X-ray with the detection unit by causing vibration ([01518], vibration) in the object while maintaining the relative positional relationship between the first diffraction grating and the second diffraction grating ([01530]-[01531], geometric relation between gratings; the distances aren’t changed); and
calculating an elastic modulus of the object based on a displacement amount of a wave due to the vibration in the projection image of the X-ray detected by the detection unit ([01540], elasticity measured).
Regarding claim 2:
Zhao discloses the elastic modulus calculation method according to claim 1, wherein the object is a living tissue ([01517], biological tissue).
Regarding claim 3:
Zhao discloses A device for calculating an elastic modulus, comprising:
a phase contrast X-ray optical system (Fig. 17, phase contrast system) capable of detecting refraction or scattering of X- rays by an object;
a vibration unit ([01518], vibration) configured to vibrate the object; and
a processing unit ([0220], processor),
the phase contrast X-ray optical system including:
a grating portion (Fig. 17, G0, G1, and G2),
a radiation source ([0223], source) configured to irradiate the grating portion (Fig. 17, G0, G1, and G2) and the object (Fig. 17, 2) with an X-ray, and
a detection unit (Fig. 17, detector 22) configured to detect the X-ray having passed through the grating portion and the object for each pixel (Fig. 17, detector 22),
the grating portion including a first diffraction grating (Fig. 17, G1) and a second diffraction grating (Fig. 17, G2) disposed in parallel with a self-image of the first diffraction grating (Fig. 17, G2 is parallel with G1),
a relative positional relationship between the first diffraction grating and the second diffraction grating being maintained at or near a position at which an X-ray intensity of each pixel becomes an average value ([01530]-[01531], geometric relation between gratings; the distances aren’t changed),
the vibration unit being configured to excite the object so as to cause vibration in the object ([01518], vibration), and
the processing unit being configured to calculate an elastic modulus of the object based on a displacement amount of a wave due to the vibration in a projection image of the X- ray detected by the detection unit ([01540], elasticity measured).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm.
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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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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884