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 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)(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, 11-16, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhou et al (CN 116367781 A).
Regarding claim 1, Zhou et al discloses a method for recording projection images from dual energy imaging (See Abstract), wherein at least one pair of mutually associated projection images of an examination object is recorded with different X-ray spectra (LE) (HE) (page 3 and page 9), first paragraph), and an X-ray facility with a recording arrangement is used, the X-ray facility comprising an X-ray radiator (110) (See Fig. 2A and page 12) and an X-ray detector (120) (See Fig. 2A and page 12) that are jointly movable opposite one another and in a movement plane (page 12, last paragraph), wherein, for the recording of each pair of mutually associated projection images, two focal spots of the X-ray radiator spaced from one another in the movement plane are used (See Fig. 4A and page 13), the method comprising: recording a first projection image of the at least one pair in a first radiator position of the X-ray radiator using a first X-ray spectrum originating from a first focal spot of the two focal spots (see page 4); moving the recording arrangement in the movement plane, such that the X-ray radiator is moved into a second radiator position, such that a second focal spot of the two focal spots comes to lie at least within a tolerance range about a position of the first focal spot in the first radiator position (page 9); and recording a second projection image of the at least one pair in the second radiator position of the X-ray radiator using a second X-ray spectrum originating from the second focal spot (page 9).
Regarding claim 2, Zhou et al discloses wherein, in a recording procedure, a plurality of pairs of mutually associated projection images are recorded for different projection geometries along a single recording trajectory of the X-ray radiator (pages 3-4).
Regarding claim 3, Zhou et al discloses wherein the recording procedure is a computed tomography recording, and wherein, in the recording procedure, the plurality of pairs of mutually associated projection images are recorded for different projection geometries (x-ray focal spot divided into a plurality of sets) along the single recording trajectory (one gantry rotation) of the X-ray radiator at an at least partially constant rotation velocity of the X-ray radiator (page 4).
Regarding claim 11, Zhou et al discloses further comprising establishing an evaluation image from the projection images of each pair of the at least one pair, in an evaluating procedure, via linear combination, weighted combination, pixel-wise combination, or any combination thereof of the projection images (page 17, paragraph 5).
Regarding claim 12, Zhou et al discloses further comprising applying a spectral filter of the X-ray radiator for at least one of the two focal spots of the x-ray radiator (See Abstract, Fig. 9 and pages 4, 18).
Regarding claim 13, Zhou et al wherein the X-ray radiator is an X-ray radiator that is rotatable about a projection direction that, for recording the projection images, is rotated or remains such that the two focal spots follow one another in a movement direction (page 10).
Regarding claim 14, Zhou et al discloses an X-ray facility comprising: a recording arrangement (See Abstract), comprising: an X-ray radiator (110) (See Fig. 2A and page 12) and an X-ray detector (120) (See Fig. 2A and page 12) arranged opposite one another and movable jointly in a movement plane (page 12, last paragraph) and a controller (step 1) (page 4) configured to record projection images from dual energy imaging, wherein at least one pair of mutually associated projection images of an examination object is recordable with different X-ray spectra (LE) (HE) (page 3 and page 9, wherein, for the recordation of each pair of mutually associated projection images, two focal spots (see page 4); of the X-ray radiator spaced from one another in the movement plane are used (See Fig. 4A and page 13), the controller being configured to record the projection images from dual energy imaging comprising the controller being configured to: record a first projection image of the at least one pair in a first radiator position of the X-ray radiator using a first X-ray spectrum originating from a first focal spot of the two focal spots; move the recording arrangement in the movement plane, such that the X-ray radiator is moved into a second radiator position, such that a second focal spot of the two focal spots comes to lie at least within a tolerance range about a position of the first focal spot in the first radiator position (page 9); and record a second projection image of the at least one pair in the second radiator position of the X-ray radiator using a second X-ray spectrum originating from the second focal spot (page 9).
Regarding claim 15, Zhou et al discloses wherein the X-ray radiator and the x-ray detector are arranged on a C-arm (page 5).
Regarding claim 16, Zhou et al discloses wherein the x-ray radiator and the x-ray detector are rotatable jointly in a rotational plane (page 6).
Claim Rejections - 35 USC § 103
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 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) 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al (CN 116367781 A) in view of Jin et al (US 2019/0216413 A1).
Regarding claim 4, Zhou et al discloses all of the limitations of parent claim 1, as described supra however, Zhou et al is silent with regards to the radiation position as claimed. Jin et al discloses a system and method to improve spatial resolution in CT, comprising: wherein the tolerance range is defined such that a spacing of the second focal spot (90B) in the second radiator position from the first focal spot (90A) in the first radiator position is less than 35% (D1Det) (i.e. 3mm) (paragraphs [0031], [0056]) of a movement path of the X-ray radiator between the first radiator position and the second radiator position (D1FS), such that that the spacing of the second focal spot in the second radiator position from the first focal spot in the first radiator position in a movement direction is smaller than in the projection direction, or a combination thereof (paragraphs [0031], [0056]). Thus, it would have been obvious to modify Zhou et al with the teaching of Jin et al so as to prevent spatial distortion.
Regarding claim 5, Zhou et al in view of Jin et al discloses wherein the tolerance range is defined such that the spacing of the second focal spot in the second radiator position from the first focal spot in the first radiator position is less than 10% of the movement path of the X-ray radiator between the first radiator position and the second radiator position, such that the spacing of the second focal spot in the second radiator position from the first focal spot in the first radiator position in a rotation direction is not more than half as large than in the projection direction, or a combination thereof (paragraph [0056]).
Regarding claim 6, Zhou et al in view of Jin et al discloses wherein during continuous movement with an at least partially constant movement velocity of the X-ray radiator and a pre-determined focus spacing of the two focal spots of the X-ray radiator, a temporal spacing of an output of X-ray pulses for the first projection image and the second projection image of each pair of the at least one pair is selected such that the second focal spot comes to lie at least within the tolerance range about the position of the first focal spot in the first radiator position (paragraph [0056]).
Regarding claim 7, Zhou et al in view of Jin et al discloses wherein recording parameters defining the movement of the recording arrangement, recording parameters defining the recording of the first projection image and the second projection image, a focus spacing, or any combination thereof in an optimization procedure is selected such that a spacing of the second focal spot in the second radiator position from the first focal spot in the first radiator position is minimized (paragraphs [0008], [0046]).
Regarding claim 8, Zhou et al in view of Jin et al discloses wherein in the optimization procedure, it is required as a boundary condition that a displacement of the X-ray detector in an image plane of one projection image of the first projection image and the second projection image via the movement of the recording arrangement corresponds to a whole number multiple of a pixel size of pixels of the X-ray detector (paragraphs [0031], [0056]).
Regarding claim 9, Zhou et al in view of Jin et al discloses wherein , in order to compensate for the movement of the X- ray detector, the projection images of each pair are displaced against one another by displacement of the X-ray detector in an image plane of one of the projection images (paragraphs [0031], [0056]).
Regarding claim 10, Zhou et al in view of Jin et al discloses wherein further comprising on a rotation movement, applying a compensation algorithm to each pair of the at least one pair of mutually associated projection images, such that a tilting of the X-ray detector due to the rotation movement is also compensated for (system controller (30)) (paragraph [0033]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boese et al (DE 102011080263 A1) discloses an x-ray Imaging Apparatus For Use In Computed Tomography System, Has Generation Facility That Calculates Two Dimensional Projection Image To Compensate For Rotation Movement Of Detector During Recording Of Partial Images comprising: a control facility controls X-ray image system to record two dimensional (2D) projection image of object located in examination volume. The position of source is changed during recording of 2D projection image to move counter to direction of rotation of source so that spatial position does not change in fixed coordinate system. The control facility controls image system to record 2D projection image by consecutively recording 2D partial images. The generation facility calculates 2D projection image to compensate for rotation movement of detector during recording of 2D partial images.
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/F.P.B./Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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