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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/20/2024 and 11/20/2025 have been considered by the examiner.
Claim Rejections – 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or
composition of matter, or any new and useful improvement thereof, may obtain a patent
therefor, subject to the conditions and requirements of this title.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 13 recites a computer-readable recording medium having recorded thereon a program comprising at least one instruction for performing an image processing method by using a computer, as defined in the specification in paragraph [0133], “a device-readable storage medium may be provided in the form of a non-transitory storage medium. Here, ‘the non-transitory storage medium’ may indicate that the storage medium is a tangible device. In addition, ‘the non-transitory storage medium’ may include a buffer temporarily storing data.” Thus, the disclosure’s use of exemplary language doesn’t solely encompass non-transitory mediums and therefore fails to fall within the four categories of patent eligible subject matter. Therefore, claim 19 does not fit within the recognized categories of statutory subject matter. See MPEP 2106.
The office respectfully recommends the applicant amends claim 19 limitation, “A computer-readable recording medium having recorded thereon a program” to instead reflect “A non-transitory computer readable recording medium having recorded thereon a program.”
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 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 of this title, 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 1-4, 9-13, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over TOTH (US 20070116337 A1), hereinafter referenced as TOTH in view of CHOI (US 20170360533 A1), hereinafter referenced as CHOI.
Regarding claim 1, TOTH teaches an image processing method (Fig. 3, Paragraph [0021] – TOTH discloses FIG. 3 is a flow chart setting forth an exemplary method 60 performed by the anatomy detection unit 21 to automatically determine anatomical regions or landmarks within a human body. It should be noted that the method 60 may be modified and used in connection with scans of objects other than human bodies and with imaging systems other than medical imaging systems.) comprising:
obtaining scan data (Fig. 3, Paragraph [0022] – TOTH discloses at 62, a scout scan, which may be either a lateral or anterior/posterior (A/P) scout scan is performed as is known to generate a scout image, which is essentially an attenuation image.)
generated by scanning a target object comprising an object of interest (Fig. 3, Paragraph [0022] – TOTH discloses projection area (PA) and oval ratio (OR) of the scout scan is then used to identify anatomical regions or landmarks [wherein identified anatomical regions/landmarks are an object of interest] within the body [wherein the body is a target object].);
Although TOTH explicitly teaches automatically setting, in the scan data, a region of interest corresponding to the object of interest (Fig. 3, Paragraph [0031] – TOTH discloses various embodiments of the invention provide automatic determination of regions in a scanned body. For example, anatomic locations within a person may be automatically determined using a scout scan.);
TOTH fails to explicitly teach and displaying the region of interest.
However, CHOI explicitly teaches and displaying the region of interest (Fig. 2, Paragraph [0071] – CHOI discloses planning guide providing unit 30 displays the image with the inserted implant object in position corresponding to the implant object auto-insertion position determined by the implant planning unit 50.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH of having an image processing method comprising: obtaining scan data generated by scanning a target object comprising an object of interest; automatically setting, in the scan data, a region of interest corresponding to the object of interest; with the teachings of CHOI having and displaying the region of interest.
Wherein having TOTH’s image processing method wherein having and displaying the region of interest.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 2, TOTH in view of CHOI teach the image processing method of claim 1,
TOTH fails to explicitly teach wherein the object of interest comprises an abutment.
However, CHOI explicitly teaches wherein the object of interest comprises an abutment (Fig. 2, Paragraph [0071] – CHOI discloses planning guide providing unit 30 displays the image with the inserted implant object in position corresponding to the implant object auto-insertion position determined by the implant planning unit 50. Paragraph [0016] – CHOI discloses the plan guide providing unit can display the implant position area separated by each implant object including at least one among a fixture, an abutment and a virtual crown.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing method comprising: obtaining scan data generated by scanning a target object comprising an object of interest; automatically setting, in the scan data, a region of interest corresponding to the object of interest; and displaying the region of interest, with the teachings of CHOI having wherein the object of interest comprises an abutment.
Wherein having TOTH’s image processing method wherein the object of interest comprises an abutment.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 3, TOTH in view of CHOI teach the image processing method of claim 2,
TOTH fails to explicitly teach wherein the target object further comprises another object other than the abutment.
However, CHOI explicitly teaches wherein the target object further comprises another object other than the abutment (Fig. 2, Paragraph [0071] – CHOI discloses planning guide providing unit 30 displays the image with the inserted implant object in position corresponding to the implant object auto-insertion position determined by the implant planning unit 50. Paragraph [0016] – CHOI discloses the plan guide providing unit can display the implant position area separated by each implant object including at least one among a fixture, an abutment and a virtual crown.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing method comprising: obtaining scan data generated by scanning a target object comprising an object of interest; automatically setting, in the scan data, a region of interest corresponding to the object of interest; and displaying the region of interest, with the teachings of CHOI having wherein the target object further comprises another object other than the abutment.
Wherein having TOTH’s image processing method wherein the target object further comprises another object other than the abutment.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 4, TOTH in view of CHOI teach the image processing method of claim 1,
TOTH fails to explicitly teach further comprising receiving a user input to select a menu for automatically setting the region of interest.
However, CHOI explicitly teaches further comprising receiving a user input to select a menu for automatically setting the region of interest (Fig. 1, Paragraph [0017] – CHOI discloses the device may comprise an user input unit that receives the selection of at least one implant area among the implant areas displayed on the teeth image, and an implant planning unit that determines a position within the selected implant area through the user input unit. See also Paragraph [0039].).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing method comprising: obtaining scan data generated by scanning a target object comprising an object of interest; automatically setting, in the scan data, a region of interest corresponding to the object of interest; and displaying the region of interest, with the teachings of CHOI having further comprising receiving a user input to select a menu for automatically setting the region of interest.
Wherein having TOTH’s image processing method further comprising receiving a user input to select a menu for automatically setting the region of interest.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 9, TOTH in view of CHOI teach the image processing method of claim 1,
TOTH fails to explicitly teach wherein the displaying of the region of interest comprises displaying the region of interest in the scan data so as to be distinguished from other regions.
However, CHOI explicitly teaches wherein the displaying of the region of interest comprises displaying the region of interest in the scan data so as to be distinguished from other regions (Figs. 8-9, Paragraph [0065] – CHOI discloses the planning guide providing unit 30 can display the implant area integrally for all the implant objects as depicted in FIG. 8 or can display the each implant area for the respect implant object as depicted in FIG. 9. On the other hand, in case of displaying integrally implant area as depicted in FIG. 8, the implant area of the implant object selected by dragging can be displayed, separated from unselected implant object. See also Fig. 3, Paragraph [0044].).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing method comprising: obtaining scan data generated by scanning a target object comprising an object of interest; automatically setting, in the scan data, a region of interest corresponding to the object of interest; and displaying the region of interest, with the teachings of CHOI having wherein the displaying of the region of interest comprises displaying the region of interest in the scan data so as to be distinguished from other regions.
Wherein having TOTH’s image processing method wherein the displaying of the region of interest comprises displaying the region of interest in the scan data so as to be distinguished from other regions.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 10, TOTH teaches an image processing apparatus (Fig. 2, Paragraph [0016] – TOTH discloses referring now specifically to FIGS. 1 and 2, a computed tomography (CT) imaging system 10 is shown that includes a gantry 12 for a CT scanner.) comprising:
a display (Fig. 2, #42 called display, Paragraph [0017] – TOTH discloses associated display, for example, a cathode ray tube display 42 allows the operator to observe reconstructed image and other data from the computer 36.);
a memory storing one or more instructions (Fig. 2, Paragraph [0018] – TOTH discloses the computer 36 includes a read/write device (not shown), for example, a floppy disk drive, CD-ROM drive, DVD drive, magnetic optical disk (MOD) device, or any other digital device including a network connecting device such as an Ethernet device for reading instructions and/or data from a computer-readable medium, such as a floppy disk, a CD-ROM, a DVD or an other digital source such as a network or the Internet, as well as yet to be developed digital means. In another embodiment, the computer 36 executes instructions stored in firmware (not shown).);
and a processor (Fig. 2, Paragraph [0018] – TOTH discloses the computer 36 executes instructions stored in firmware (not shown). The computer 36 is programmed to perform functions as described herein, and as used herein, the term computer is not limited to integrated circuits referred to in the art as computers, but broadly refers to computers, processors, microcontrollers, microcomputers, programmable logic controllers, application specific integrated circuits, and other programmable circuits, and these terms are used interchangeably herein.),
wherein the processor is configured to, by executing the one or more instructions stored in the memory (Fig. 2, Paragraph [0018] – TOTH discloses the computer 36 executes instructions stored in firmware (not shown). The computer 36 is programmed to perform functions as described herein, and as used herein, the term computer is not limited to integrated circuits referred to in the art as computers, but broadly refers to computers, processors, microcontrollers, microcomputers, programmable logic controllers, application specific integrated circuits, and other programmable circuits, and these terms are used interchangeably herein.),
obtain scan data (Fig. 3, Paragraph [0022] – TOTH discloses at 62, a scout scan, which may be either a lateral or anterior/posterior (A/P) scout scan is performed as is known to generate a scout image, which is essentially an attenuation image.)
generated by scanning a target object comprising an object of interest (Fig. 3, Paragraph [0022] – TOTH discloses projection area (PA) and oval ratio (OR) of the scout scan is then used to identify anatomical regions or landmarks [wherein identified anatomical regions/landmarks are an object of interest] within the body [wherein the body is a target object].),
Although TOTH explicitly teaches automatically set a region of interest corresponding to the object of interest, in the scan data (Fig. 3, Paragraph [0031] – TOTH discloses various embodiments of the invention provide automatic determination of regions in a scanned body. For example, anatomic locations within a person may be automatically determined using a scout scan.),
TOTH fails to explicitly teach and control the display to display the region of interest.
However, CHOI explicitly teaches and control the display to display the region of interest (Fig. 2, Paragraph [0071] – CHOI discloses planning guide providing unit 30 displays the image with the inserted implant object in position corresponding to the implant object auto-insertion position determined by the implant planning unit 50. See also Paragraph [0076].).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH of having an image processing apparatus comprising: a display; a memory storing one or more instructions; and a processor, wherein
the processor is configured to, by executing the one or more instructions stored in the memory, obtain scan data generated by scanning a target object comprising an object of interest, automatically set a region of interest corresponding to the object of interest, in the scan data, with the teachings of CHOI having and control the display to display the region of interest.
Wherein having TOTH’s image processing apparatus wherein having and control the display to display the region of interest.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 11, TOTH in view of CHOI teach the image processing apparatus of claim 10,
TOTH fails to explicitly teach wherein the object of interest includes an abutment.
However, CHOI explicitly teaches wherein the object of interest includes an abutment (Fig. 2, Paragraph [0071] – CHOI discloses planning guide providing unit 30 displays the image with the inserted implant object in position corresponding to the implant object auto-insertion position determined by the implant planning unit 50. Paragraph [0016] – CHOI discloses the plan guide providing unit can display the implant position area separated by each implant object including at least one among a fixture, an abutment and a virtual crown.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing apparatus comprising: a display; a memory storing one or more instructions; and a processor, wherein the processor is configured to, by executing the one or more instructions stored in the memory, obtain scan data generated by scanning a target object comprising an object of interest, automatically set a region of interest corresponding to the object of interest, in the scan data, and control the display to display the region of interest, with the teachings of CHOI having wherein the object of interest includes an abutment.
Wherein having TOTH’s image processing apparatus wherein the object of interest includes an abutment.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 12, TOTH in view of CHOI teach the image processing apparatus of claim 11,
TOTH fails to explicitly teach wherein the target object further comprises another object other than the abutment.
However, CHOI explicitly teaches wherein the target object further comprises another object other than the abutment (Fig. 2, Paragraph [0071] – CHOI discloses planning guide providing unit 30 displays the image with the inserted implant object in position corresponding to the implant object auto-insertion position determined by the implant planning unit 50. Paragraph [0016] – CHOI discloses the plan guide providing unit can display the implant position area separated by each implant object including at least one among a fixture, an abutment and a virtual crown.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing apparatus comprising: a display; a memory storing one or more instructions; and a processor, wherein the processor is configured to, by executing the one or more instructions stored in the memory, obtain scan data generated by scanning a target object comprising an object of interest, automatically set a region of interest corresponding to the object of interest, in the scan data, and control the display to display the region of interest, with the teachings of CHOI having wherein the target object further comprises another object other than the abutment.
Wherein having TOTH’s image processing apparatus wherein the target object further comprises another object other than the abutment.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 13, TOTH in view of CHOI teach the image processing apparatus of claim 10,
TOTH fails to explicitly teach further comprising a user interface configured to receive a user input to select a menu for automatically setting the region of interest.
However, CHOI explicitly teaches further comprising a user interface configured to receive a user input to select a menu for automatically setting the region of interest (Fig. 1, Paragraph [0017] – CHOI discloses the device may comprise an user input unit that receives the selection of at least one implant area among the implant areas displayed on the teeth image, and an implant planning unit that determines a position within the selected implant area through the user input unit. See also Paragraph [0039].).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing apparatus comprising: a display; a memory storing one or more instructions; and a processor, wherein the processor is configured to, by executing the one or more instructions stored in the memory, obtain scan data generated by scanning a target object comprising an object of interest, automatically set a region of interest corresponding to the object of interest, in the scan data, and control the display to display the region of interest, with the teachings of CHOI having further comprising a user interface configured to receive a user input to select a menu for automatically setting the region of interest.
Wherein having TOTH’s image processing apparatus further comprising a user interface configured to receive a user input to select a menu for automatically setting the region of interest.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 18, TOTH in view of CHOI teach the image processing apparatus of claim 10,
TOTH fails to explicitly teach wherein the processor is further configured to, by executing the one or more instructions stored in the memory, control the display to display the region of interest in the scan data so as to be distinguished from other regions.
However, CHOI explicitly teaches wherein the processor is further configured to, by executing the one or more instructions stored in the memory (Fig. 1, Paragraph [0077] – CHOI discloses the computer can include more than one memory device saving at least one processor and commands and data which executes commands.),
control the display to display the region of interest in the scan data so as to be distinguished from other regions (Figs. 8-9, Paragraph [0065] – CHOI discloses the planning guide providing unit 30 can display the implant area integrally for all the implant objects as depicted in FIG. 8 or can display the each implant area for the respect implant object as depicted in FIG. 9. On the other hand, in case of displaying integrally implant area as depicted in FIG. 8, the implant area of the implant object selected by dragging can be displayed, separated from unselected implant object. See also Fig. 3, Paragraph [0044].).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing apparatus comprising: a display; a memory storing one or more instructions; and a processor, wherein the processor is configured to, by executing the one or more instructions stored in the memory, obtain scan data generated by scanning a target object comprising an object of interest, automatically set a region of interest corresponding to the object of interest, in the scan data, and control the display to display the region of interest, with the teachings of CHOI having wherein the processor is further configured to, by executing the one or more instructions stored in the memory, control the display to display the region of interest in the scan data so as to be distinguished from other regions.
Wherein having TOTH’s image processing apparatus wherein the processor is further configured to, by executing the one or more instructions stored in the memory, control the display to display the region of interest in the scan data so as to be distinguished from other regions.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Regarding claim 19, TOTH teaches a computer-readable recording medium having recorded thereon a program comprising at least one instruction for performing an image processing method by using a computer (Fig. 2, Paragraph [0018] – TOTH discloses the computer 36 includes a read/write device (not shown), for example, a floppy disk drive, CD-ROM drive, DVD drive, magnetic optical disk (MOD) device, or any other digital device including a network connecting device such as an Ethernet device for reading instructions and/or data from a computer-readable medium, such as a floppy disk, a CD-ROM, a DVD or an other digital source such as a network or the Internet, as well as yet to be developed digital means.),
wherein the image processing method (Fig. 3, Paragraph [0021] – TOTH discloses FIG. 3 is a flow chart setting forth an exemplary method 60 performed by the anatomy detection unit 21 to automatically determine anatomical regions or landmarks within a human body.) comprises:
obtaining scan data (Fig. 3, Paragraph [0022] – TOTH discloses at 62, a scout scan, which may be either a lateral or anterior/posterior (A/P) scout scan is performed as is known to generate a scout image, which is essentially an attenuation image.)
obtained by scanning a target object including an object of interest (Fig. 3, Paragraph [0022] – TOTH discloses projection area (PA) and oval ratio (OR) of the scout scan is then used to identify anatomical regions or landmarks [wherein identified anatomical regions/landmarks are an object of interest] within the body [wherein the body is a target object].);
Although TOTH explicitly teaches automatically setting, in the scan data, a region of interest corresponding to the object of interest (Fig. 3, Paragraph [0031] – TOTH discloses various embodiments of the invention provide automatic determination of regions in a scanned body. For example, anatomic locations within a person may be automatically determined using a scout scan.);
TOTH fails to explicitly teach and displaying the region of interest.
However, CHOI explicitly teaches and displaying the region of interest (Fig. 2, Paragraph [0071] – CHOI discloses planning guide providing unit 30 displays the image with the inserted implant object in position corresponding to the implant object auto-insertion position determined by the implant planning unit 50.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH of having a computer-readable recording medium having recorded thereon a program comprising at least one instruction for performing an image processing method by using a computer, wherein the image processing method comprises: obtaining scan data obtained by scanning a target object including an object of interest; automatically setting, in the scan data, a region of interest corresponding to the object of interest; with the teachings of TOTH having and displaying the region of interest.
Wherein having TOTH’s computer-readable recording medium wherein having and displaying the region of interest.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and increased ease of operation for users, since both TOTH and CHOI relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and CHOI relates to a method of dental implant treatment planning guide that provides a guide to dentist in software for the implant planning a device and a recording medium therefore; by providing a guide to the area that is the object to implant position, there are the effects of reducing the complexity of the implant plan and decreasing procedure deviations depending on users. Please see TOTH (US 20070116337 A1), Paragraph [0032], and CHOI (US 20170360533 A1), Paragraph [0018, 0020].
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over TOTH (US 20070116337 A1), hereinafter referenced as TOTH in view of CHOI (US 20170360533 A1), hereinafter referenced as CHOI in further view of GARBEY (US 20240394879 A1), hereinafter referenced as GARBEY.
Regarding claim 5, TOTH in view of CHOI teach the image processing method of claim 1,
TOTH in view of CHOI fail to explicitly teach wherein the automatic setting of the region of interest comprises obtaining a first diameter corresponding to first scan data from an uppermost point of the target object to a first position apart by a first distance in a depth direction from the uppermost point; obtaining a second diameter corresponding to second scan data from the uppermost point to a second position apart by a second distance greater than the first distance in the depth direction from the uppermost point; and setting a region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter.
However, GARBEY explicitly teaches wherein the automatic setting of the region of interest (Fig. 5b, Paragraph [0055] – GARBEY discloses deep learning may be used to identify regions of interest 703 in the patient video data 744)
comprises obtaining a first diameter corresponding to first scan data from an uppermost point of the target object to a first position apart by a first distance in a depth direction from the uppermost point (Fig. 5c, Paragraph [0055] – GARBEY discloses deep learning may be used to identify regions of interest 703 in the patient video data 744, identify face landmarks 702 in those regions of interest 703, and measure eye dimension metrics 704 used in the eye motion assessment, such as the distance 705 between upper and lower eye lid, the area 706 of the eye opening, and the distance 707 from the upper lid to the center of the pupil [wherein distance 707 is a first distance in a depth direction from the uppermost point]. Paragraph [0138] – GARBEY discloses Distance Upper Lid—Pupil is a measurement of the distance 707 (FIG. 5(c)) between the upper lid and the center of the pupil.);
obtaining a second diameter corresponding to second scan data from the uppermost point to a second position apart by a second distance greater than the first distance in the depth direction from the uppermost point (Fig. 5(b), Paragraph [0055] – GARBEY discloses deep learning may be used to identify regions of interest 703 in the patient video data 744, identify face landmarks 702 in those regions of interest 703, and measure eye dimension metrics 704 used in the eye motion assessment, such as the distance 705 between upper and lower eye lid [wherein distance 705 is a second distance in a depth direction greater than the first distance 707], the area 706 of the eye opening, and the distance 707 from the upper lid to the center of the pupil.);
and setting a region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter (Fig. 6(b), Paragraph [0062] – GARBEY discloses the computer vision module 724 identifies the regions of interest 703 in the patient video data 744 and the patient tracking module 764 outputs control signals 716 to the patient camera 260 to zoom in on the relevant region of interest 703. GARBEY further discloses the computer vision module 724 is able to use that specific knowledge of the patient 101 (together with general artificial intelligence and computer vision algorithms) to identify the regions of interest 703 in the patient video data 744 so that the patient camera 260 can zoom in on the region of interest 703 that relevant to the particular assessment being performed.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing method comprising: obtaining scan data generated by scanning a target object comprising an object of interest; automatically setting, in the scan data, a region of interest corresponding to the object of interest; and displaying the region of interest, with the teachings of GARBEY having wherein the automatic setting of the region of interest comprises obtaining a first diameter corresponding to first scan data from an uppermost point of the target object to a first position apart by a first distance in a depth direction from the uppermost point; obtaining a second diameter corresponding to second scan data from the uppermost point to a second position apart by a second distance greater than the first distance in the depth direction from the uppermost point; and setting a region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter.
Wherein having TOTH’s image processing method wherein the automatic setting of the region of interest comprises obtaining a first diameter corresponding to first scan data from an uppermost point of the target object to a first position apart by a first distance in a depth direction from the uppermost point; obtaining a second diameter corresponding to second scan data from the uppermost point to a second position apart by a second distance greater than the first distance in the depth direction from the uppermost point; and setting a region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and allows for robust ways of obtaining quantitative measurements, since both TOTH and GARBEY relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and GARBEY relates a to hybrid algorithm for eye tracking that combines deep learning and computer vision; by introducing modern image processing technique that are quick and robust to recover quantitative metrics that should be independent of the examiner. Please see TOTH (US 20070116337 A1), Paragraph [0032], and GARBEY (US 20240394879 A1), Paragraph [0148, 0156].
Regarding claim 14, TOTH in view of CHOI teach the image processing apparatus of claim 10,
TOTH in view of CHOI fail to explicitly teach wherein the processor is further configured to, by executing the one or more instructions stored in the memory, obtain a first diameter corresponding to first scan data from an uppermost point of the target object to a first position apart by a first distance in a depth direction from the uppermost point, obtain a second diameter corresponding to second scan data from the uppermost point to a second position apart by a second distance greater than the first distance in the depth direction from the uppermost point; and set a region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter.
However, GARBEY explicitly teaches wherein the processor is further configured to, by executing the one or more instructions stored in the memory (Fig. 1, Paragraph [0067] – GARBEY discloses server 180, the physician system 120, and the compact computer 510 of the patient computing system 500 may be any hardware computing device capable of performing the functions described herein. Accordingly, each of those computing devices includes non-transitory computer readable storage media for storing data and instructions and at least one hardware computer processing device for executing those instructions. The computer processing device can be, for instance, a computer, personal computer (PC), server or mainframe computer, or more generally a computing device, processor, application specific integrated circuits (ASIC), or controller.),
obtain a first diameter corresponding to first scan data from an uppermost point of the target object to a first position apart by a first distance in a depth direction from the uppermost point (Fig. 5c, Paragraph [0055] – GARBEY discloses deep learning may be used to identify regions of interest 703 in the patient video data 744, identify face landmarks 702 in those regions of interest 703, and measure eye dimension metrics 704 used in the eye motion assessment, such as the distance 705 between upper and lower eye lid, the area 706 of the eye opening, and the distance 707 from the upper lid to the center of the pupil [wherein distance 707 is a first distance in a depth direction from the uppermost point]. Paragraph [0138] – GARBEY discloses Distance Upper Lid—Pupil is a measurement of the distance 707 (FIG. 5(c)) between the upper lid and the center of the pupil.),
obtain a second diameter corresponding to second scan data from the uppermost point to a second position apart by a second distance greater than the first distance in the depth direction from the uppermost point (Fig. 5(b), Paragraph [0055] – GARBEY discloses deep learning may be used to identify regions of interest 703 in the patient video data 744, identify face landmarks 702 in those regions of interest 703, and measure eye dimension metrics 704 used in the eye motion assessment, such as the distance 705 between upper and lower eye lid [wherein distance 705 is a second distance in a depth direction greater than the first distance 707], the area 706 of the eye opening, and the distance 707 from the upper lid to the center of the pupil.);
and set a region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter (Fig. 6(b), Paragraph [0062] – GARBEY discloses the computer vision module 724 identifies the regions of interest 703 in the patient video data 744 and the patient tracking module 764 outputs control signals 716 to the patient camera 260 to zoom in on the relevant region of interest 703. GARBEY further discloses the computer vision module 724 is able to use that specific knowledge of the patient 101 (together with general artificial intelligence and computer vision algorithms) to identify the regions of interest 703 in the patient video data 744 so that the patient camera 260 can zoom in on the region of interest 703 that relevant to the particular assessment being performed.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of TOTH in view of CHOI of having an image processing apparatus comprising: a display; a memory storing one or more instructions; and a processor, wherein the processor is configured to, by executing the one or more instructions stored in the memory, obtain scan data generated by scanning a target object comprising an object of interest, automatically set a region of interest corresponding to the object of interest, in the scan data, and control the display to display the region of interest, with the teachings of GARBEY having wherein the processor is further configured to, by executing the one or more instructions stored in the memory, obtain a first diameter corresponding to first scan data from an uppermost point of the target object to a first position apart by a first distance in a depth direction from the uppermost point, obtain a second diameter corresponding to second scan data from the uppermost point to a second position apart by a second distance greater than the first distance in the depth direction from the uppermost point; and set a region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter.
Wherein having TOTH’s image processing apparatus wherein the processor is further configured to, by executing the one or more instructions stored in the memory, obtain a first diameter corresponding to first scan data from an uppermost point of the target object to a first position apart by a first distance in a depth direction from the uppermost point, obtain a second diameter corresponding to second scan data from the uppermost point to a second position apart by a second distance greater than the first distance in the depth direction from the uppermost point; and set a region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter.
The motivation behind the modification would have been to obtain an enhanced image processing method with automatic region of interest identification with minimal manual input and allows for robust ways of obtaining quantitative measurements, since both TOTH and GARBEY relate to image analysis and region-based segmentation, wherein TOTH relates generally to methods and systems for imaging, and more particularly to methods and systems for automatically determining regions in a scanned object, particularly using medical imaging systems wherein automatic identification can reduce or eliminate the need for manually marking locations on a graphic Rx display; automatic identification of the trunk of a person can provide more consistent assisted patient centering and size adjusted noise index performance, and GARBEY relates a to hybrid algorithm for eye tracking that combines deep learning and computer vision; by introducing modern image processing technique that are quick and robust to recover quantitative metrics that should be independent of the examiner. Please see TOTH (US 20070116337 A1), Paragraph [0032], and GARBEY (US 20240394879 A1), Paragraph [0148, 0156].
Allowable Subject Matter
Claim 6, along with dependent claims 7 and 8, are therefrom objected to as being dependent upon rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claims and any intervening claims, once the rejection under 35 U.S.C. 101 is overcome.
Claim 15, along with dependent claims 16 and 17, are therefrom objected to as being dependent upon rejected base claim 10, but would be allowable if rewritten in independent form including all of the limitations of the base claims and any intervening claims, once the rejection under 35 U.S.C. 101 is overcome.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to dependent claim 6, the cited prior arts fail to explicitly teach the following limitation in combination with all claim limitations:
Regarding claim 6, the prior arts fail to explicitly teach the setting of the region from the uppermost point to the second position as the region of interest, based on the first diameter and the second diameter, comprises: obtaining a first value, based on the first diameter; and setting the region from the uppermost point to the second position as the region of interest, when the second diameter is less than a smaller value among the first value and a preset second value.
With regards to dependent claim 15, the cited prior arts fail to explicitly teach the following limitation in combination with all claim limitations:
Regarding claim 15, the prior arts fail to explicitly teach obtain a first value, based on the first diameter, and set a region from the uppermost point to the second position as the region of interest, when the second diameter is less than a smaller value among the first value and a preset second value.
Conclusion
Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant’s disclosure.
LANG et al. (US 20210192759 A1) - Aspects of the present disclosure relate to systems, devices and methods for performing a surgical step or surgical procedure with visual guidance using an optical head mounted display. Aspects of the present disclosure relate to systems, devices and methods for displaying, placing, fitting, sizing, selecting, aligning, moving a virtual implant on a physical anatomic structure of a patient and, optionally, modifying or changing the displaying, placing, fitting, sizing, selecting, aligning, moving, for example based on kinematic information.… Fig. 1, Abstract.
BENDALL et al. (US 20210012134 A1) - A method and device for automatically identifying a point of interest in a depth measurement on a viewed object using a video inspection device is disclosed. The video inspect device determines the three-dimensional coordinates in a region of interest on the viewed object and analyzes those surface points to determine the desired measurement application (e.g., determining the deepest point, the highest point, or the clearance between two surfaces). Based on the desired measurement application, the video inspection device automatically identifies the point of interest on the viewed object and places a cursor at that location.… Figs. 2, 3, Abstract.
SUGIHARA et al. (US 20190059842 A1) - An X-ray imaging apparatus receives mode selection using a mode selection receiving unit including a mode setting unit and an operation display. When a CT mode is selected by the mode selection receiving unit, an X-ray beam shape adjuster shapes an X-ray beam into an X-ray cone beam in which a center beam that is a center of the X-ray beam is orthogonally incident on a body axis of a head. When a panoramic mode is selected, the X-ray beam shape adjuster shapes the X-ray beam into an X-ray narrow beam in which the center beam is incident on the body axis from obliquely below to obliquely above, the X-ray narrow beam having a length in a direction of the body axis.… Fig. 2, 5, Abstract.
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/BEZAWIT NOLAWI SHIMELES/Examiner, Art Unit 2673
/CHINEYERE WILLS-BURNS/Supervisory Patent Examiner, Art Unit 2673
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