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 1 is objected to because of a minor typographical error: in the final limitation of the claim, “arrange to” should be amended to read --arranged to--. Appropriate correction is required.
Claims 5, 8, 9, 13, 16, 17, and 20 are objected to because of a minor informality: each of these claims recites that a particular step further comprises “the step of…” which introduces a new step that does not have antecedent basis in the claims, although the Examiner can understand what was meant. Each of these instances should be amended to state that the step further comprises --a step of…--. Appropriate correction is required.
Claim 15 is objected to because of a minor typographical error: this claim recites “augment images” which should be amended to read --augmented images--. 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)(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 1-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nie et al. (U.S. Patent No. 11,094,066), referred herein as Nie.
Regarding claim 1, Nie teaches a method of three-dimensional image processing, comprising the steps of: pre-processing at least one set of raw images each including a plurality of two-dimensional source images, wherein each of the two-dimensional source image represents a cross-sectional view of a three-dimensional object at different positions along an axis in a three-dimensional space (column 8, lines 42-52 and 65-67; column 12, lines 55-59; column 13, lines 13-25; a plurality of raw 2D image are pre-processed that each represent a cross-sectional view of a 3D object at different positions in 3D space); and
constructing a three-dimensional image representing the three-dimensional object by integrating 3D mesh points extracted from the at least one set of raw images being pre-processed (column 13, lines 39-56; column 13, line 66 through column 14, line 4; column 18, lines 30-37 and 44-63; a 3D image is generating by integrating 3D mesh points extracted from the raw images);
wherein the three-dimensional image is readable by a first image viewer arrange to render and to facilitate manipulation of the three-dimensional image (column 13, lines 61-65; column 15, lines 24-37 and 40-57; the 3D image is rendered and displayed to facilitate manipulation by a user).
Regarding claim 2, Nie teaches the method of claim 1, wherein the plurality of two-dimensional source images includes medical diagnostic scanning images (column 8, lines 42-52).
Regarding claim 3, Nie teaches the method of claim 2, wherein each of the at least one set of raw images includes a plurality of medical diagnostic scanning images obtained by a selected one of Computed Tomography (CT), Magnetic Resonance Imaging (MRI), Positron Emission Tomograph (PET) and x-ray imaging (column 8, lines 42-52).
Regarding claim 4, Nie teaches the method of claim 2, wherein the medical diagnostic scanning images are readable by a second image viewer (column 15, lines 24-37 and 40-57).
Regarding claim 5, Nie teaches the method of claim 4, wherein the step of constructing the three-dimensional image comprises the step of embedding the plurality of two-dimensional source images in the three-dimensional image at corresponding positions along the axis (column 14, lines 1-9, 13-23, and 42-57; column 17, lines 46-62).
Regarding claim 6, Nie teaches the method of claim 5, wherein the first image viewer is arranged to render a cross-sectional view of the three-dimensional object embedding with a two-dimensional view of the cross-section reproduced based on the medical diagnostic scanning image captured at the corresponding position (fig 10; column 15, lines 24-35; column 20, lines 29-42).
Regarding claim 7, Nie teaches the method of claim 6, wherein the two-dimensional view of the cross- section is substantially equal to the corresponding medical diagnostic scanning image read by the second image viewer (column 15, lines 24-40; column 17, lines 46-62; column 20, lines 29-51).
Regarding claim 8, Nie teaches the method of claim 1, further comprising the step of mapping the plurality of two-dimensional source images and the positions of the corresponding cross- section in the three-dimensional object along the axis (column 14, lines 1-9, 13-23, and 42-57; column 17, lines 46-62; column 20, lines 29-51).
Regarding claim 9, Nie teaches the method of claim 1, further comprising the step of identifying and segmenting a plurality of components of different attributes or properties in the three-dimensional object (column 14, lines 4-9 and 16-39; column 18, lines 3-20).
Regarding claim 10, Nie teaches the method of claim 9, wherein the plurality of components includes bone, soft tissue, fluid or an implant (column 16, lines 54-57).
Regarding claim 11, Nie teaches the method of claim 10, wherein the three-dimensional object includes at least a portion of an organ, one or more organ, or a combination thereof, of a living organism (column 16, lines 54-57).
Regarding claim 12, Nie teaches the method of claim 9, wherein the step of identifying the plurality of components comprises the step of facilitating manually masking of one or more of the plurality of components (column 18, lines 3-11 and 44-54; column 25, lines 45-57; column 26, lines 35-41 and 54-65).
Regarding claim 13, Nie teaches the method of claim 9, wherein the step of pre-processing the at least one set of raw images comprises the step of performing an image optimization process to optimize the at least one set of raw images prior to the step of identifying and segmenting the plurality of components (column 13, lines 13-25; column 19, lines 20-37).
Regarding claim 14, Nie teaches the method of claim 13, wherein the image optimization process includes an image fusion process arranged to fuse the plurality of two-dimensional source images obtained in different sets of raw images (column 13, lines 13-25).
Regarding claim 15, Nie teaches the method of claim 14, wherein the image optimization process includes an interpolation process arranged to generate one or more augment images representing the cross-sectional view of the three-dimensional object at a position between two adjacent two-dimensional source images in the corresponding set of raw images captured along an axis (fig 10; column 14, lines 1-9; column 17, lines 16-23 and 46-62; column 39, lines 32-47).
Regarding claim 16, Nie teaches the method of claim 3, further comprising the step of identifying and segmenting different set of raw images obtained by different medical diagnostic scanning methods (column 8, lines 42-52; column 12, lines 55-59; column 14, lines 4-9 and 16-39; column 18, lines 3-20; any of the different modalities may be used).
Regarding claim 17, Nie teaches a method of rendering a three-dimensional image constructed by the method of claim 1 (please refer to the rejection of claim 1, above), comprising the step of rendering the three-dimensional image on a display module, wherein the display module is provided with a user interface arranged to facilitate manipulation of the three-dimensional image (column 12, lines 11-16 and 33-39; column 13, lines 61-65; column 15, lines 24-37 and 40-57; column 29, lines 5-15).
Regarding claim 18, Nie teaches the method of claim 17, wherein the manipulation of the three-dimensional image includes at least one of zooming, rotating, translating the three-dimensional image and/or moving a section plane for sectioning the three-dimensional image along the axis (column 15, lines 40-57; column 20, lines 35-51).
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 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nie, in view of Lin et al. (U.S. Patent Application Publication No. 2013/0050207), referred herein as Lin.
Regarding claim 19, Nie teaches the method of claim 17, but does not explicitly teach the method, wherein the step of rendering the three-dimensional image includes overlaying the three-dimensional image on the three-dimensional object when being observed by a user of the display module.
However, in a similar field of endeavor, Lin teaches a method of three-dimensional image processing comprising obtaining raw images including a plurality of two-dimensional source images representing a cross-sectional view of a three-dimensional object, and constructing a three-dimensional image representing the object by utilizing a 3D mesh (paragraph 34, lines 1-8; paragraph 40; paragraph 43, lines 1-7; paragraph 88), wherein rendering the three-dimensional image includes overlaying the three-dimensional image on the three-dimensional object when being observed by a user of a display module (paragraph 59).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the overlay of Lin with the imaging of Nie because this helps to reduce render and segmentation processing time needed to extract the 3D image and improve the situational awareness and image manipulation of the user viewing the object (see, for example, Lin, paragraph 33).
Regarding claim 20, Nie in view of Lin teaches the method of claim 19, wherein the step of rendering the three-dimensional image further comprises the step of identifying one or more anchors being marked on the three-dimensional object (Nie, fig 10; column 17, lines 46-62; column 18, lines 9-24; column 39, lines 32-47).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
DeCharms (U.S. Patent Application Publication No. 2013/0211238); Methods for physiological monitoring, training, exercise and regulation.
Banerjee (U.S. Patent Application Publication No. 2017/0108930); Haptic augmented and virtual reality system for simulation of surgical procedures.
Kruecker (U.S. Patent Application Publication No. 2022/0287686); System and method for real-time fusion of acoustic image with reference image.
Ettinger (U.S. Patent No. 11,216,663); Systems and methods for generating of 3D information on a user display from processing of sensor data for objects, components or features of interest in a scene and user navigation thereon.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID T WELCH whose telephone number is (571)270-5364. The examiner can normally be reached on Monday-Thursday, 8:30-5:30 EST, and alternate Fridays, 9:00-2:30 EST.
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DAVID T. WELCH
Primary Examiner
Art Unit 2613
/DAVID T WELCH/Primary Examiner, Art Unit 2613