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 .
Response to Amendment
The current Office action is in response to Applicant’s amendment filed on September 10, 2026.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 11-12, and 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1, 11-12, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuchi (U.S. 2020/0132867) in view of Lyu (U.S. 2022/0304633).
Regarding claim 1:
Fukuchi discloses a method of generating a positron lifetime image, comprising:
operating a Positron Emission Tomography scanner to collect coincidence events involving a subject of the scanning ([0068]-[0071], coincidental measurements using a PET detector), wherein each coincidence event involves a line of response in which photons caused by annihilation of a positron are detected ([0101]-[0104], annihilation position and vectors; [0009], straight line) and a time delay between a prompt gamma associated with emission of the positron and the detection of the photons ([0108], time lag determination);
for each of multiple voxels of the subject of the PET scanning, estimating a spatial distribution of the annihilated positrons ([0103]-[0104], and [0110], annihilation positron determined) and lifetimes of the positrons ([0110], positron for each position estimated) or of positronia formed from the positrons; and
generating and displaying (Fig. 15, 250, positron display) the positron lifetime image of the subject ([0162], positron image generated).
However, Fukuchi fails to disclose a line of response between two detectors along which photons caused by annihilation of a positron are detected.
Lyu teaches a line of response between two detectors along which photons caused by annihilation of a positron are detected ([0110], LOR between two detector units).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Fukuchi with the line of response between two detectors taught by Lyu in order to improve efficiency of the imaging process by improving accuracy of determining coincidence events (Lyu; [0041]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 11:
The combination of Fukuchi and Lyu discloses the method of claim 1, further comprising:
performing random events correction to correct for one or more coincidence events that include detection times associated with annihilation of more than one positron (Fukuchi; [0076], false event noise correction).
Regarding claim 12:
Fukuchi discloses a system for generating a positron lifetime image, the system comprising:
one or more processors (Fig. 6, 30); and
memory (Fig. 8, 33) for storing instructions that, when executed, cause the one or more processors to:
operate a Positron Emission Tomography scanner to collect coincidence events involving a subject of the scanning ([0068]-[0071], coincidental measurements using a PET detector), wherein each coincidence event involves a line of response in which photons caused by annihilation of a positron are detected ([0101]-[0104], annihilation position and vectors; [0009], straight line) and a time delay between a prompt gamma associated with emission of the positron and the detection of the photons ([0108], time lag determination);
for each of multiple voxels of the subject of the PET scanning, estimating a spatial distribution of the annihilated positrons ([0103]-[0104], and [0110], annihilation positron determined) and lifetimes of the positrons ([0110], positron for each position estimated) or of positronia formed from the positrons; and
generate and display (Fig. 15, 250, positron display) the positron lifetime image of the subject ([0162], positron image generated).
However, Fukuchi fails to disclose a line of response between two detectors along which photons caused by annihilation of a positron are detected.
Lyu teaches a line of response between two detectors along which photons caused by annihilation of a positron are detected ([0110], LOR between two detector units).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the system of Fukuchi with the line of response between two detectors taught by Lyu in order to improve efficiency of the imaging process by improving accuracy of determining coincidence events (Lyu; [0041]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 21:
Fukuchi discloses a non-transitory computer-readable medium storing instructions that, when executed by a processor, cause the processor to perform a method of generating a positron lifetime image, the method comprising:
operating a Positron Emission Tomography scanner to collect coincidence events involving a subject of the scanning ([0068]-[0071], coincidental measurements using a PET detector), wherein each coincidence event involves a line of response in which photons caused by annihilation of a positron are detected ([0101]-[0104], annihilation position and vectors; [0009], straight line) and a time delay between a prompt gamma associated with emission of the positron and the detection of the photons ([0108], time lag determination);
for each of multiple voxels of the subject of the PET scanning, estimating a spatial distribution of the annihilated positrons ([0103]-[0104], and [0110], annihilation positron determined) and lifetimes of the positrons ([0110], positron for each position estimated) or of positronia formed from the positrons; and
generating and displaying (Fig. 15, 250, positron display) the positron lifetime image of the subject ([0162], positron image generated).
However, Fukuchi fails to disclose a line of response between two detectors along which photons caused by annihilation of a positron are detected.
Lyu teaches a line of response between two detectors along which photons caused by annihilation of a positron are detected ([0110], LOR between two detector units).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Fukuchi with the line of response between two detectors taught by Lyu in order to improve efficiency of the imaging process by improving accuracy of determining coincidence events (Lyu; [0041]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 2-10, and 13-20 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 Fukuchi (U.S. 2020/0132867) and Lyu (U.S. 2022/0304633).
Regarding claim 2:
The combination of Fukuchi and Lyu discloses the method of claim 1.
However, the combination of Fukuchi and Lyu fails to disclose constructing a total activity image based on the detected photons; constructing one or more estimated intensity-weighted moment images based on the quantity of coincidence events detected in each of multiple LORs; and generating the positron lifetime image by determining, for each of the multiple voxels, the ratio of the intensity-weighted moment images over the activity image and calculating the lifetime image from the moment images.
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. Claims 3-4 are allowable by virtue of their dependency.
Regarding claim 5:
The combination of Fukuchi and Lyu discloses the method of claim 1.
However, the combination of Fukuchi and Lyu fails to disclose further comprising: constructing a total activity image based on the detected photons; constructing a lifetime-weighted image based on the coincidence events detected in each of multiple LORs; and constructing the positron lifetime image by determining, for each of the multiple voxels, the ratio of the lifetime-weighted image to the total activity image.
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. Claim 6 is allowable by virtue of their dependency.
Regarding claim 7:
The combination of Fukuchi and Lyu discloses the method of claim 1, further comprising: sorting the coincidence events into multiple time intervals based on the time delays (Fukuchi; [0149], time windows and time lag).
However, the combination of Fukuchi and Lyu fails to disclose for each of the multiple time intervals, using the coincidence events occurring during the window to generate an intermediate image associated with the time window; and fitting a curve to the multiple intermediate images to produce, for each of multiple voxels within the subject, a corresponding portion of the positron lifetime image.
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. Claims 8-9 are allowable by virtue of their dependency.
Regarding claim 10:
The combination of Fukuchi and Lyu discloses the method of claim 1.
However, the combination of Fukuchi and Lyu fails to disclose further comprising: performing travel distance correction to adjust the timestamps of one or more of the coincidence events.
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 13:
The combination of Fukuchi and Lyu discloses the system of claim 12, construct a total activity image based on the detected photons (Fukuchi; Fig. 15, images)
However, the combination of Fukuchi and Lyu ails to disclose wherein the memory further stores instructions that, when executed, cause the one or more processors to: construct one or more estimated intensity-weighted moment images based on the quantity of coincidence events detected in each of multiple LORs; and generate the positron lifetime image by determining, for each of the multiple voxels, the ratio of the intensity-weighted moment images over the activity image and calculating the lifetime image from the moment images.
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. Claims 14-15 are allowable by virtue of their dependency.
Regarding claim 16:
The combination of Fukuchi and Lyu discloses the system of claim 12.
However, the combination of Fukuchi and Lyu fails to disclose wherein the memory further stores instructions that, when executed, cause the one or more processors to: construct a total activity image based on the detected photons; construct a lifetime-weighted image based on the coincidence events detected in each of multiple LORs; and construct the positron lifetime image by determining, for each of the multiple voxels, the ratio of the lifetime-weighted image to the total activity image.
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. Claim 17 is allowable by virtue of their dependency.
Regarding claim 18:
The combination of Fukuchi and Lyu discloses the system of claim 12, wherein the memory further stores instructions that, when executed, cause the one or more processors to: sort the coincidence events into multiple time intervals based on the time delays (Fukuchi; [0149], time windows and time lag);
However, the combination of Fukuchi and Lyu fails to disclose wherein the memory further stores instructions that, when executed, cause the one or more processors to: for each of the multiple time intervals, use the coincidence events occurring during the window to generate an intermediate image associated with the time window; and fit a curve to the multiple intermediate images to produce, for each of multiple voxels within the subject, a corresponding portion of the positron lifetime image.
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. Claims 19-20 are allowable by virtue of their dependency.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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