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 .
Double Patenting
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 § 2146 et seq. 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).
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Claim 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-15 of U.S. Patent No. 12014491 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in pending application are transparently found in U.S. Patent No. 12014491 B2 with obvious wording variation. For example, compare Claim 1 of pending application with claim 1 of U.S. Patent No. 12014491 B2, they both recite
A method comprising ( A method comprising):
receiving a radiographic image dataset representing a radiographic scan of a region of a human subject (receiving a radiographic image dataset representing a radiographic scan of a region of a human subject);
receiving three-dimensional (3D) image data (receiving three-dimensional (3D) image data), acquired during said radiographic scan (acquired during said radiographic scan), representing an optical scan of a surface of said region (representing an optical scan of a surface of said region);
fitting a surface model of the subject based to the 3D image data synchronizing said optical scan with said radiographic scan in a time-dependent manner based (fitting a surface model of the subject based to the 3D image data synchronizing said optical scan with said radiographic scan in a time-dependent manner based), at least in part, on a known pixcl sampling pitch of said radiographic scan ( at least in part, on a known pixel sampling pitch of said radiographic scan);
tracking a time-dependent motion of said subject during said acquisition within a
region, relative to a specified position, based, at least in part, on said 3D image data, by registering said surface model to said optical scan (tracking a time-dependent motion of said subject during said acquisition within a region, relative to a specified position, based, at least in part, on said 3D image data, by registering said surface model to said optical scan);
and (and)
using said tracking to determine corrections for said radiographic image dataset,
based, at least in part, on a known transformation between corresponding coordinate systems of said radiographic image dataset and said surface model (using said tracking to determine corrections for said radiographic image dataset, based, at least in part, on a known transformation between corresponding coordinate systems of said radiographic image dataset and said surface model).
Further, analyzing and comparing dependent claims 2-5 of the pending application with claims 2-5 of U.S. Patent No. 12014491 B2 it was found that they recite the same limitation with wording changes.
Similarly, analyzing and comparing independent claims 6 and 11 of the pending application including its dependent claims with claims 6 and 11 including its dependent claims of U.S. Patent No. 12014491 B2 it was found that they recite the same limitation with wording changes.
Note the issued claims of U.S. Patent No. 12014491 B2 are narrower in scope such that the claimed limitations as recited in pending application are encompassed by U.S. Patent No. 12014491 B2.
Allowable Subject Matter
Claim 1-15 are allowed.
The following is an examiner’s statement of reasons for allowance:
Applicant's invention is drawn to receiving a radiographic image dataset representing a sequential radiographic scan of a region of a human subject; receiving three-dimensional (3D) image data representing an optical scan of a surface of said region, wherein said 3D image data is performed simultaneously with said sequential radiographic scan; estimating a time-dependent motion of said subject during said acquisition, relative to a specified position, based, at least in part, on said 3D image data; and using said estimating to determine corrections for said radiographic image dataset, based, at least in part, on a known transformation between corresponding coordinate systems of said radiographic image dataset and said 3D image data.
The closest prior art of record fail to teach the limitation of “synchronizing said optical scan with said radiographic scan in a time-dependent manner based, at least in part, on a known pixel sampling pitch of said radiographic scan; tracking a time-dependent motion of said subject during said acquisition within a region, relative to a specified position, based, at least in part, on said 3D image data, by registering said surface model to said optical scan; and using said tracking to determine corrections for said radiographic image dataset, based, at least in part, on a known transformation between corresponding coordinate systems of said radiographic image dataset and said surface model”.
Applicant’s independent claim 1 comprises a particular combination of elements, which is neither taught nor suggested by the prior art.
Similarly, other independent claim 6 and 11 comprises a particular combination of elements with analogous wording variations, which are neither taught nor suggested by prior art as a whole claim.
Dependent claims are deemed allowable for the same reasons as corresponding independent claims.
Tremblay et al. Pub. No. US 20050054910 A1 teaches an optical image-based tracking system determines the position and orientation of objects such as biological materials or medical devices within or on the surface of a human body undergoing Magnetic Resonance Imaging (MRI). Three-dimensional coordinates of the object to be tracked are obtained initially using a plurality of MR-compatible cameras. A calibration procedure converts the motion information obtained with the optical tracking system coordinates into coordinates of an MR system. A motion information file is acquired for each MRI scan, and each file is then converted into coordinates of the MRI system using a registration transformation. Each converted motion information file can be used to realign, correct, or otherwise augment its corresponding single MR image or a time series of such MR images. In a preferred embodiment, the invention provides real-time computer control to track the position of an interventional treatment system, including surgical tools and tissue manipulators, devices for in vivo delivery of drugs, angioplasty devices, biopsy and sampling devices, devices for delivery of RF, thermal energy, microwaves, laser energy or ionizing radiation, and internal illumination and imaging devices, such as catheters, endoscopes, laparoscopes, and like instruments. In other embodiments, the invention is also useful for conventional clinical MRI events, functional MRI studies, and registration of image data acquired using multiple modalities.
Edic et al. Pub. No. US 20040136490 A1 teaches adapting a reconstruction process to account for the motion of an imaged object or organ, such as the heart. In particular, projection data of the moving object or organ is acquired using a slowly rotating CT gantry. Motion data may be determined from the projection data or from images reconstructed from the projection data. The motion data may be used to reconstruct motion-corrected images from the projection data. The motion-corrected images may be associated to form motion-corrected volume renderings.
EP 3146900 A1 teaches radiographing apparatus and method of correcting a medical radiograph. The embodiment of the present invention may include a radiographing device radiographing a subject and obtaining medical radiograph data of the subject; and a depth camera radiographing the subject, and obtaining depth data of the subject.
CA 2946815 C teaches that during an intraoral scan session, a processing device receives a first intraoral image of a dental site and identifies a candidate intraoral area of interest from the first intraoral image. The processing device receives a second intraoral image of the dental site and verifies the first candidate intraoral area of interest as an intraoral area of interest based on comparison of the second intraoral image to the first intraoral image. The processing device then provides an indication of the intraoral area of interest during the intraoral scan session.
However, cited reference, alone or in combination, neither disclose nor suggest combination of features specifically synchronizing said optical scan with said radiographic scan in a time-dependent manner based, at least in part, on a known pixel sampling pitch of said radiographic scan; tracking a time-dependent motion of said subject during said acquisition within a region, relative to a specified position, based, at least in part, on said 3D image data, by registering said surface model to said optical scan; and using said tracking to determine corrections for said radiographic image dataset, based, at least in part, on a known transformation between corresponding coordinate systems of said radiographic image dataset and said surface model.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tremblay et al. Pub. No. US 20050054910 A1 - Optical image-based position tracking for magnetic resonance imaging applications
Edic et al. Pub. No. US 20040136490 A1 - Method and apparatus for correcting motion in image reconstruction
CA 2946815 C - IDENTIFICATION OF AREAS OF INTEREST DURING INTRAORAL SCANS
EP 3146900 A1 - MEDICAL IMAGE PHOTOGRAPHING APPARATUS AND MEDICAL IMAGE CORRECTION METHOD USING DEPTH CAMERA
WO 2017114685 A1 - MEDICAL REPORTING APPARATUS
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAR N SIVJI whose telephone number is (571)270-7462. The examiner can normally be reached on Monday-Friday 7-4.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIZAR N SIVJI/ Primary Examiner, Art Unit 2647
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