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
Claims 3-14, 18, and 20-24 are objected to because of the following informalities:
Regarding claims 3 and 4, the limitation “claims 1” should be changed to “claim 1” in order to correct a typographical informality.
Regarding claims 5-14, the limitation “any of the claims 1” should be changed to “claim 1” in order to correct a typographical informality.
Regarding claim 18, “any of the claims 15” should be changed to “claim 15” in order to correct a typographical informality.
Regarding claim 20, “any of the claims 15” should be changed to “claim 15” in order to correct a typographical informality. Claims 21-24 are objected to by virtue of their dependency.
Appropriate correction is required.
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.
Claims 1-11, and 13-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rodesch (“Photon-counting detector step-wedge calibration enabling water and iodine material decomposition”).
Regarding claim 1:
Rodesch discloses a method for supporting calibration of an X-ray imaging system, wherein the X-ray imaging system comprises a multi-bin photon counting X-ray detector having multiple energy bin thresholds, the method comprising:
performing a set of X-ray attenuation measurements or measurement scans of at least one object, using different settings of the energy bin thresholds (Pg. 4, Sec. 2.3, Pg. 7, sec. 2.7, and Pg. 11, Sec. 3.1, data obtained from seven energy bins);
obtaining information about material composition related to the at least one object (Pg. 7-9, Sec. 2.7, material decomposition);
determining, for each X-ray attenuation measurement or measurement scan, a value of at least one performance metric related to the X-ray imaging system (Pg. 4, Sec. 2.3 and Pg. 11, Sec. 3.1, CLRB for each bin)
selecting a custom set of energy bin thresholds based on the determined values of the at least one performance metric over the set of X-ray attenuation measurements or measurement scans (Pg. 11, Sec. 3.1, optimal thresholds selected for each bin); and
determining calibration data coupling the selected custom set of energy bin thresholds to at least the information about material composition (Pg. 9, Sec. 2.8, and Pg. 11-12, bias correction).
Regarding claim 2:
Rodesch discloses the method of claim 1, wherein the method is performed or repeated for various material compositions (Pg. 9-10, Sec. 2.9, two phantoms with three different materials were scanned), and calibration data is determined for each specific material composition (Pg. 9, Sec. 2.8, and Pg. 11-12, bias correction),wherein the calibration data for each specific material composition includes a specific selected custom set of energy bin thresholds coupled to at least material composition information related to the specific material composition (Pg. 7-9, Sec. 2.7-2.8, material decomposition models for each bin and material).
Regarding claim 3:
Rodesch discloses the method of claims 1, wherein the method is further performed or repeated for various settings of scan parameters (Pg. 11, Table 1, KeV thresholds), and calibration data is determined for each specific setting of scan parameters (Pg. 7-9, Sec. 2.7-2.8, material decomposition models for each bin and material), wherein the calibration data for each specific setting of scan parameters includes a specific selected custom set of energy bin thresholds coupled to a combination of at least material composition information and the specific setting of scan parameters (Pg. 7-9, Sec. 2.7-2.8, material decomposition models for each bin and material).
Regarding claim 4:
Rodesch discloses the method of claims 1, wherein the method is further performed or repeated for various object sizes of the at least one object (Pg. 9-10, Sec. 2.9, phantom having tubes with three different materials and sizes), and calibration data is determined for each specific object size (Pg. 9-10, Sec. 2.9, noise correction), wherein the calibration data for each specific object size includes a specific selected custom set of energy bin thresholds coupled to a combination of at least material composition information and object size (Pg. 7-9, Sec. 2.7-2.8, material decomposition models for each bin and material size).
Regarding claim 5:
Rodesch discloses the method of any of the claims 1, wherein the method is performed for a set of detector pixels or detector modules of the multi-bin photon counting X-ray detector (Pg. 3-4, Sec. 2.1, Photon counting detector or PCD), and calibration data including a specific selected custom set of energy bin thresholds is determined for each of the detector pixels or detector modules (Pg. 7, Sec. 2.7, Material decomposition for each pixel).
Regarding claim 6:
Rodesch discloses the method of any of the claims 1, wherein the at least one object is a phantom (Pg. 9-10, Sec. 2.9, phantom having tubes with three different materials and sizes) and the information about material composition is obtained from known material composition data related to at least part of the phantom (Pg. 7-10, Sec. 2.7-2.9, material decomposition phantom).
Regarding claim 7:
Rodesch discloses the method of any of the claims 1, wherein the information about material composition is obtained from a material basis decomposition procedure performed based on spectral X-ray imaging data acquired during at least one of the X-ray attenuation measurements or measurement scans (Pg. 7-9, Sec. 2.7, material decomposition is obtained from data measured from each pixel).
Regarding claim 8:
Rodesch discloses the method of any of the claims 1, wherein the selected custom set of energy bin thresholds corresponds to a setting of energy bin thresholds that provide an optimum of the at least one performance metric (Pg. 11, Sec. 3.1, optimum threshold for each bin).
Regarding claim 9:
Rodesch discloses the method of any of the claims 1, wherein the at least one performance metric includes at least one of an image quality metric (Pg. 10, Sec. 2.10, image quality), a metric related to the performance of detecting an image feature and a metric related to the capability of making a quantitative measurement of the composition related to the at least one object.
Regarding claim 10:
Rodesch discloses the method of any of the claims 1, wherein the information about material composition includes at least one of material type data (Pg. 13, Table 2-3, different materials) and material thickness data related to at least two different types of materials.
Regarding claim 11:
Rodesch discloses the method of any of the claims 1, wherein the information about material composition includes at least one of path length information (Pg. 5, Sec. 2.4, water and iodine lengths) and material basis information related to at least two different types of materials.
Regarding claim 13:
Rodesch discloses the method of any of the claims 1, wherein each measurement or measurement scan of the set of X-ray attenuation measurements or measurement scans is performed based on a respective unique set of energy bin thresholds to provide a sweep of varying energy bin threshold settings (Pg. 4, Sec. 2.3, optimal threshold values for each bin).
Regarding claim 14:
Rodesch discloses the method of any of the claims 1, wherein the method is performed to provide a set of calibration data that are usable for customizing energy bin thresholds for a multitude of different patient scans by accessing individual custom sets of energy bin thresholds for each patient scan (Pg. 3, paragraphs 1 and 2, calibration for improved image quality).
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.
Claims 12, 15-16, 18-19, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Rodesch (“Photon-counting detector step-wedge calibration enabling water and iodine material decomposition”) in view of Roessl (U.S. 2020/0390413).
Regarding claim 12:
Rodesch discloses the method of any of the claims 1.
However, Rodesch fails to disclose the step of storing the calibration data in a look-up data structure or function.
Roessl teaches storing the calibration data in a look-up data structure or function ([0028], data stored in look-up tables).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Rodesch with the look-up table taught by Roessl in order to improve spectral performance by optimizing bins (Roessl; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 15:
Rodesch discloses a method for adjusting operational settings for an X-ray imaging system comprising a multi-bin photon counting X-ray detector having multiple energy bin thresholds, the method comprising:
obtaining information representative of material composition related to at least one object (Pg. 4, Sec. 2.3, Pg. 7, sec. 2.7, and Pg. 11, Sec. 3.1, data obtained from seven energy bins);
selecting a custom set of energy bin thresholds based on at least the information representative of material composition by using at least the information representative of material composition (Pg. 11, Sec. 3.1, optimal thresholds selected for each bin); and
applying the selected custom set of energy bin thresholds as at least part of operational settings of the multi-bin photon counting X-ray detector of the X-ray imaging system (Pg. 9, Sec. 2.8, and Pg. 11-12, bias correction).
However, Rodesch fails to disclose selecting a custom set of energy bin thresholds based on at least the information representative of material composition by using at least the information representative of material composition as input to a look-up data structure or function holding calibration data for retrieval of a set of energy bin thresholds that matches or corresponds to the information representative of material composition.
Roessl teaches selecting a custom set of energy bin thresholds based on at least the information representative of material composition by using at least the information representative of material composition as input to a look-up data structure or function holding calibration data for retrieval of a set of energy bin thresholds that matches or corresponds to the information representative of material composition ([0094], look-up tables used to calibrate bins).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Rodesch with the look-up table taught by Roessl in order to improve spectral performance by optimizing bins (Roessl; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 16:
The combination of Rodesch and Roessl discloses the method of claim 15, wherein selecting a custom set of energy bin thresholds is further based on a setting of scan parameters by using at least the setting of scan parameters as input to the look-up data structure or function holding calibration data for retrieval of a set of energy bin thresholds that matches or corresponds to a combination of at least the information representative of material composition and the setting of scan parameters (Roessl; [0081], calibration curves based on path lengths are stored in Look-up tables).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Rodesch with the look-up table taught by Roessl in order to improve spectral performance by optimizing bins (Roessl; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 18:
The combination of Rodesch and Roessl discloses the method of any of the claims 15, wherein selecting a custom set of energy bin thresholds is further based on location information related to a pixel or detector module in the X-ray detector by using the location information (Roessl; [0079], pixel positions) as input to the look-up data structure or function holding calibration data for retrieval of a set of energy bin thresholds that matches or corresponds to a combination of at least the information representative of material composition and the location information (Roessl; [0081], calibration curves based on path lengths are stored in Look-up tables).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Rodesch with the look-up table taught by Roessl in order to improve spectral performance by optimizing bins (Roessl; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 19:
The combination of Rodesch and Roessl discloses the method of claim 15, wherein the method is performed for a given scan (Rodesch; (Pg. 4, Sec. 2.3, Pg. 7, sec. 2.7, and Pg. 11, Sec. 3.1, data obtained from seven energy bins), according to at least one of prior to the scan and during the scan (Rodesch; Pg. 4, Sec. 2.3, Pg. 7, sec. 2.7, and Pg. 11, Sec. 3.1, data obtained from seven energy bins).
Regarding claim 22:
The combination of Rodesch and Roessl discloses the method of any of the claims 15, wherein the information representative of material composition is derived based on material basis decomposition performed by the X-ray imaging system using spectral X-ray imaging data obtained by the multi-bin photon counting X-ray detector (Rodesch; Pg. 7, Sec. 2.7, Material decomposition for each pixel).
Claims 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rodesch (“Photon-counting detector step-wedge calibration enabling water and iodine material decomposition”) in view of Roessl (U.S. 2020/0390413) as applied to claim 15 above, and further in view of Schirra (U.S. 2016/0113603).
Regarding claim 17:
The combination of Rodesch and Roessl discloses the method of claim 15.
However, the combination of Rodesch and Roessl fails to disclose wherein selecting a custom set of energy bin thresholds is further based on an object size of the at least one object by using at least the object size as input to the look-up data structure or function holding calibration data for retrieval of a set of energy bin thresholds that matches or corresponds to a combination of at least the information representative of material composition and the object size.
Schirra teaches wherein selecting a custom set of energy bin thresholds is further based on an object size of the at least one object ([0043]-[0048], different thicknesses) by using at least the object size as input to the look-up data structure or function holding calibration data for retrieval of a set of energy bin thresholds that matches or corresponds to a combination of at least the information representative of material composition and the object size ([0054], calibration factors are stored in LUT).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Rodesch with the look-up table taught by Schirra in order to improve reconstruction quality by improving calibration (Schirra; [0032]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 20:
The combination of Rodesch and Roessl discloses the method of claim 15.
However, the combination of Rodesch and Roessl fails to disclose wherein the information representative of material composition is derived based on a specific type of scan to be performed by the X-ray imaging system.
Schirra teaches wherein the information representative of material composition is derived based on a specific type of scan to be performed by the X-ray imaging system ([0036], different scans).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Rodesch with the look-up table taught by Schirra in order to improve reconstruction quality by improving calibration (Schirra; [0032]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 21, and 23-24 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:
The closest prior arts are Rodesch (“Photon-counting detector step-wedge calibration enabling water and iodine material decomposition”), Roessl (U.S. 2020/0390413), and Schirra (U.S. 2016/0113603).
Regarding claim 21:
The combination of Rodesch, Roessl, and Schirra discloses the method of claim 20.
However, the combination of Rodesch, Roessl, and Schirra fails to disclose wherein the specific type of scan is selected from a set of different scan types including at least one of the following: head scan; chest scan; abdominal scan; pelvic scan; spinal scan; and cardiac scan; wherein information representative of material composition is derived based on the selected type of scan and used as input to the look-up data structure or function for retrieval of the custom set of energy bin thresholds.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
Regarding claim 23:
The combination of Rodesch and Roessl discloses he method of claim 22.
However, the combination of Rodesch and Roessl fails to disclose further comprising iteratively adapting, during a patient scan, the custom set of energy bin thresholds towards a maximum of at least one performance metric related to the X-ray imaging system using the information representative of material composition that is derived based on material basis decomposition.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim.
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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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884