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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on October 11th, 2024 and February 24th, 2025 has been considered and the listed references were noted.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 210.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 201.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because: The abstract contains two paragraphs and more than 180 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
In Paragraph [0015], "X-y CT apparatus" should read "X-ray CT apparatus"
Appropriate correction is required.
Claim Objections
Claim 1 objected to because of the following informalities:
"…positions byusing a part…" should read "…positions by using a part…"
Appropriate correction is required.
Claims 12 and 13 objected to because of the following informalities:
Both claims have redundant language: "…the image processing device comprising, wherein the image processing device include one or more processors…". The examiner recommends the following changes: "…the image processing device comprising: one or more processors according to claim 10…"
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 10165989 B2) in view of Yan (US 20230274475 A1).
Regarding Claim 1, Seo discloses “An X-ray CT apparatus comprising:” (Seo, Abstract, discloses “A tomography apparatus includes a data obtainer configured to obtain first image data at a first point and second image data at a second point using tomography, the tomography being performed by irradiating an X-ray to an object”); “an imaging unit that includes an X-ray source and an X-ray detector which rotate around a subject and that acquires transmitted X-ray data of the subject in a predetermined angular range” (Seo, Paragraph [0054], discloses: “Throughout the specification, a “CT image” may mean an image generated by synthesizing a plurality of X-ray images that are obtained by photographing an object while a CT imaging apparatus rotates around at least one axis with respect to the object.”; Paragraph [0081] and Figures 1 and 2 (see below), discloses: “The rotating frame 104 may receive a driving signal from the rotation driver 110 and may rotate the X-ray generator 106 and the X-ray detector 108 at a predetermined rotation speed. The rotating frame 104 may receive the driving signal and power from the rotation driver 110 while the rotating frame 104 contacts the rotation driver 110 via a slip ring (not shown). Also, the rotating frame 104 may receive the driving signal and power from the rotation driver 110 via wireless communication.”)
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It can be seen here from Figure 2 that the X-ray generator (or source) is being rotated around the entirety of the subject through the power of the rotation driver. By being rotated, the generator can be tilted at an angle with respect to the subject at any point throughout the course of the CT scan; and “one or more processors that generate a reconstructed image by using the transmitted X-ray data acquired by the imaging unit, wherein the one or more processors are configured to” (Seo, Paragraph [0008], discloses: “In obtaining a cross-sectional image, raw data is obtained by performing tomography on an object via a CT apparatus. Also, a cross-sectional image is reconstructed by using the obtained raw data. Here, the raw data may be projection data obtained by projecting an X-ray to an object, or a sinogram which is a set of projection data.”; Seo, Paragraph [0156], discloses “The tomography apparatus 700 may include a central operation processor and generally control operations of the data obtainer 710, the image processor 720, the image reconstructor 730, the gentry 740, the storage 750, the display 760, the user interface 770, and the communication module 780.”); “generate a first image and a second image at directly opposite positions by using a part of the transmitted X-ray data” (Seo, Paragraph [0177], discloses: “a tomography apparatus may obtain first image data and second image data via tomography. Here, the first image data is data obtained by irradiating an X-ray to an object at a first point, and the second image data is data obtained by irradiating an X-ray to the object at a second point. The tomography apparatus may obtain image data by directly irradiating an X-ray to the object, and may obtain image data from an external apparatus.”); “perform noise reduction processing on the first image and the second image and registration processing between the first image and the second image after noise reduction and calculate motion information of the subject during scanning” (Seo, Abstract, discloses “an image processor configured to perform noise reduction based on at least one from among the first image data and the second image data, and to obtain a first reference image corresponding to the first image data and a second reference image corresponding to the second image data using a result of the performed noise reduction”; Paragraph [0164] and Figure 8B (see below), discloses “FIG. 8B is a diagram for explaining a process of performing noise reduction of an image obtained from image data. The tomography apparatus may detect an edge region from at least one of a first image obtained from first image data and a second image obtained from second image data, and perform the noise reduction on at least one image based on the edge region. The tomography apparatus may discriminate an edge region from a smooth region in an image, conserve the edge region, and remove noise.”
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; Paragraph [0134], discloses: “The image reconstructor 630 obtains motion information of an object by using the first reference image and the second reference image. Specifically, the image reconstructor 630 may obtain the motion information representing an amount of motion of the object during a section ranging from the first point to the second point. Here, the motion information may be a difference in at least one of a shape, a size, and a location between a predetermined object included in the first reference image and a predetermined object included in the second reference image occurring due to the motion of the object.”) It is important to note that in regards to the registration processing, Paragraph [0164] mentions detecting edges in order to reduce noise, but feature detection is a critical component for registration processing, as it allows for the apparatus to accurately transform the image to align with where the key details line up with each other which closely aligns to what this limitation is describing in the claim; (Seo, Paragraph [0187], discloses “the tomography apparatus may obtain motion information estimating motion of an object based on the first reference image and the second reference image”); and “adjust conditions of the noise reduction processing and the registration processing for each classification” (Seo, Paragraph [0180], discloses: “Referring to operation S1110, the tomography apparatus may reduce noise based on an X-ray dose detected from image data. The tomography apparatus may perform noise reduction on the first image data and the second image data from among a plurality of image data. Specifically, the tomography apparatus may remove noise inside image data by using a low pass filter.”); and “the one or more processors generate the reconstructed image by correcting motion of the subject during scanning using the calculated motion information” (Seo, Paragraph [0187], discloses: “In operation S1040, the tomography apparatus may reconstruct a target image representing an object. Specifically, the tomography apparatus may obtain motion information estimating motion of an object based on the first reference image and the second reference image. The tomography apparatus may reconstruct the target image representing the object at a target point based on the motion information.”).
Seo does not explicitly disclose “classify an image pair consisting of the first image and the second image, in accordance with a ratio between tube currents in a case where the transmitted X-ray data used to generate the first image and the second image has been acquired”. However, in an analogous field of endeavor, Yan discloses that “FIG. 2 presents a high-level flow diagram of an example computer-implemented process 200 for reducing streaks in a CT image in accordance with one or more embodiments of the disclosed subject matter. In accordance with process 200, at 202 a system comprising a processor, (e.g., system 300 and/or system 800 described infra), obtains a pair of CT images reconstructed from a same set of projection data, the pair comprising a first image reconstructed from the projection data using a standard reconstruction process and a second image reconstructed from the projection data using a filtering reconstruction process that results in the second image comprising a first reduced level of streaks relative to the first image” (Yan, Paragraph [0030] and Figure 2).
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Figure 2, from the Yan reference.
Yan also discloses that “In some embodiments, the projection space filtering process can also filter the projection data as a function of a combination of the respective pathlengths of the projections and tube currents of the respective projections” (Yan, Paragraph [0038]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the X-Ray CT Apparatus with a variety of noise reduction and registration processing techniques seen in the Seo with the technique of classifying of an image pair seen in Yan to achieve an improved X-Ray CT Apparatus. By using the apparatus seen in Seo with the classification technique seen in Yan, one of ordinary skill in the art can effectively limit the amount of noise that is present within CT images collected during a CT scan when performing medical imaging for the diagnosis of a condition or disease. Therefore, it would have been obvious for one of ordinary skill in the art to combine the Seo and Yan references to achieve the same X-Ray CT Apparatus described in Claim 1.
Regarding Claim 6, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 1 wherein the one or more processors include” (Please see the above-described analysis for Claim 1); “a smoothing filter, and adjust at least one of a type or a parameter of the smoothing filter for each classification as the condition of the noise reduction processing” (Yan, Paragraph [0006], discloses “To facilitate this end, the projection space filtering component estimates the pathlengths of the projections using a projection smoothing process, estimates noise levels of the projections based on the pathlengths or a combination of the pathlengths and tube current, and determines the amount of the reduced noise for the projections based on the noise levels. The computer executable components can further comprise a reconstruction component that generates the second image from the prefiltered projection data. The reconstruction component may also generate the first image from the (original) projection data.”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the X-Ray CT Apparatus with a smoothing filter found in the combination of Seo and Yan to improve the X-Ray CT Apparatus in the same way. By using smoothing filters on the first and second CT images acquired from the apparatus to estimate pathlengths and reduce noise seen in the combination of Seo and Yan, one of ordinary skill in the art can effectively remove the rougher, more noisier areas of the image to get a clearer image for careful analysis. Therefore, it would have been obvious for one of ordinary skill in the art to use the combination of Seo and Yan to achieve the same X-Ray CT Apparatus described in Claim 6.
Regarding Claim 7, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 6” (Please see the above-described analysis for Claim 1); “wherein the one or more processors vary the condition of the noise reduction processing for the first image and the condition of the noise reduction processing for the second image” (Seo, Paragraph [0129], discloses: “The image processor 620 may perform the noise reduction by adjusting a size of a voxel inside the first image obtained from the first image data and a size of a voxel inside the second image obtained from the second image data. For example, the image processor 620 may reduce noise by increasing a size of a voxel.”; Paragraph [0130], discloses The image processor 620 may perform the noise reduction by adjusting a thickness of a slice obtained from the first image data and a thickness of a slice obtained from the second image data. For example, the image processor 620 may reduce noise by increasing a thickness of a slice.). Therefore, it would have been obvious for one of ordinary skill in the art to use the variation of conditions of noise reduction processing seen in the combination of Seo and Yan to improve the X-Ray CT Apparatus’s capabilities of producing noise-free images. By fine-tuning the variation of conditions of noise reduction processing seen in the combination of Seo and Yan, one of ordinary skill in the art can effectively adjust the noise levels in the image to get the exact image that is needed to understand the key features that are needed for examination. Therefore, it would have been obvious for one of ordinary skill in the art to use the combination of Seo and Yan to achieve the same X-Ray CT Apparatus described in Claim 7.
Regarding Claim 8, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 1” (Please see the above-described analysis for Claim 1); “wherein the one or more processors include a non-rigid registration algorithm, and adjust a parameter of the non-rigid registration algorithm for each classification as the condition of the registration processing” (Seo, Paragraph [0176] and Figure 10 (see below), discloses: FIG. 10 is a flowchart illustrating a method of reconstructing a cross-sectional image according to an exemplary embodiment.
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Here, we see in Figure 10 a flowchart of reconstructing an image with the X-Ray CT Apparatus seen in Seo. It is important to note that non-rigid registration allows for the alignment of two or more images by allowing them to move. As we have seen in the previous claims Seo is mapped to, there is motion present within the two images acquired from the CT scan, and by performing this technique to reconstruct an image, it effectively aligns them to be able to monitor specific systems or behaviors of organs when a subject is being scanned using the apparatus seen in Claim 8. For more insight on what each step does, please refer to Paragraphs [0177]-[0187]; Paragraph [0090] discloses: “The image processor 126 may receive data acquired by the DAS 116 (e.g., pure data that is data before processing), via the data transmitter 120, and may perform pre-processing.”; Paragraph [0091], discloses “The pre-processing may include, for example, a process of correcting a sensitivity irregularity between channels and a process of correcting signal loss due to a rapid decrease in signal strength or due to the presence of an X-ray absorbing material such as metal.”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the non-rigid registration algorithm and adjustment of parameters from it seen in the combination of Seo and Yan to obtain higher quality images with the X-Ray CT Apparatus. By using the non-rigid registration algorithm seen in the combination of Seo and Yan, one of ordinary skill in the art can compensate for the motion experienced by the subject and achieve an image that has less artifacts compared to when the image is acquired when the subject is in motion. Therefore, it would have been obvious for one of ordinary skill in the art to use the combination of Seo and Yan to achieve the same X-Ray Ct Apparatus seen in Claim 8.
Regarding Claim 9, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 1” (Please see the above-described analysis for Claim 1); “wherein the one or more processors include a noise reduction filter and a non-rigid registration algorithm” (Seo, Paragraph [0011], discloses “an image processor configured to perform noise reduction based on at least one from among the first image data and the second image data,”; Paragraph [0176] and Figure 10, discloses: “FIG. 10 is a flowchart illustrating a method of reconstructing a cross-sectional image according to an exemplary embodiment.”
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As mentioned before in Claim 8, the previous claims Seo is mapped to, has motion present within the two images acquired from the CT scan, and by performing this technique to reconstruct an image, it effectively aligns them to be able to monitor specific systems or behaviors of organs when a subject is being scanned using the apparatus seen in Claim 9, making this an ideal non-rigid registration algorithm.), and adjust at least one of a type or a parameter of the noise reduction filter and a parameter of the non-rigid registration algorithm as the conditions of the noise reduction processing and the registration processing” (Seo, Paragraph [0129] discloses: “The image processor 620 may perform the noise reduction by adjusting a size of a voxel inside the first image obtained from the first image data and a size of a voxel inside the second image obtained from the second image data. For example, the image processor 620 may reduce noise by increasing a size of a voxel.”; Paragraph [0090] discloses: “The image processor 126 may receive data acquired by the DAS 116 (e.g., pure data that is data before processing), via the data transmitter 120, and may perform pre-processing.”; Paragraph [0091] discloses “The pre-processing may include, for example, a process of correcting a sensitivity irregularity between channels and a process of correcting signal loss due to a rapid decrease in signal strength or due to the presence of an X-ray absorbing material such as metal.”). Therefore, it would have been obvious for one of ordinary skill in the art to use the noise reduction filter and non-rigid registration algorithm and adjustment of their parameters seen in the combination of Seo and Yan to reduce the noise in the reconstruction image in the X-Ray CT Apparatus. By using both the filter and the algorithm seen in the combination of Seo and Yan, one of ordinary skill in the art can obtain clearer and less noisier images for further analysis. Therefore, it would have been obvious for one of ordinary skill in the art to use the combination of Seo and Yan to achieve the same system described in Claim 9.
Regarding Claim 10, Seo discloses “An X-ray CT apparatus comprising:” (Seo, Abstract, discloses “A tomography apparatus includes a data obtainer configured to obtain first image data at a first point and second image data at a second point using tomography, the tomography being performed by irradiating an X-ray to an object”); “an imaging unit that includes an X-ray source and an X-ray detector which rotate around a subject and that acquires transmitted X-ray data of the subject in a predetermined angular range” (Seo, Paragraph [0054], discloses: “Throughout the specification, a “CT image” may mean an image generated by synthesizing a plurality of X-ray images that are obtained by photographing an object while a CT imaging apparatus rotates around at least one axis with respect to the object.”; Paragraph [0081] and Figures 1 and 2 (see below), discloses: “The rotating frame 104 may receive a driving signal from the rotation driver 110 and may rotate the X-ray generator 106 and the X-ray detector 108 at a predetermined rotation speed. The rotating frame 104 may receive the driving signal and power from the rotation driver 110 while the rotating frame 104 contacts the rotation driver 110 via a slip ring (not shown). Also, the rotating frame 104 may receive the driving signal and power from the rotation driver 110 via wireless communication.”)
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It can be seen here from Figure 2 that the X-ray generator (or source) is being rotated around the entirety of the subject through the power of the rotation driver. By being rotated, the generator can be tilted at an angle with respect to the subject at any point throughout the course of the CT scan; and “one or more processors that generate a reconstructed image by using the transmitted X-ray data acquired by the imaging unit, wherein the one or more processors are configured to” (Seo, Paragraph [0008], discloses: “In obtaining a cross-sectional image, raw data is obtained by performing tomography on an object via a CT apparatus. Also, a cross-sectional image is reconstructed by using the obtained raw data. Here, the raw data may be projection data obtained by projecting an X-ray to an object, or a sinogram which is a set of projection data.”; Seo, Paragraph [0156], discloses “The tomography apparatus 700 may include a central operation processor and generally control operations of the data obtainer 710, the image processor 720, the image reconstructor 730, the gentry 740, the storage 750, the display 760, the user interface 770, and the communication module 780.”); “generate a first image and a second image at directly opposite positions by using a part of the transmitted X-ray data” (Seo, Paragraph [0177], discloses: “a tomography apparatus may obtain first image data and second image data via tomography. Here, the first image data is data obtained by irradiating an X-ray to an object at a first point, and the second image data is data obtained by irradiating an X-ray to the object at a second point. The tomography apparatus may obtain image data by directly irradiating an X-ray to the object, and may obtain image data from an external apparatus.”); and “perform registration processing on the first image and the second image based on a non-rigid registration algorithm and calculate motion information of the subject during scanning” (Seo, Paragraph [0164], discloses: “The tomography apparatus may detect an edge region from at least one of a first image obtained from first image data and a second image obtained from second image data”; Paragraph [0134] discloses: “The image reconstructor 630 obtains motion information of an object by using the first reference image and the second reference image. Specifically, the image reconstructor 630 may obtain the motion information representing an amount of motion of the object during a section ranging from the first point to the second point. Here, the motion information may be a difference in at least one of a shape, a size, and a location between a predetermined object included in the first reference image and a predetermined object included in the second reference image occurring due to the motion of the object.”); “adjust a parameter of the non-rigid registration algorithm” (Seo, Paragraph [0090], discloses “The image processor 126 may receive data acquired by the DAS 116 (e.g., pure data that is data before processing), via the data transmitter 120, and may perform pre-processing.”; Yan, Paragraph [0091], discloses “The pre-processing may include, for example, a process of correcting a sensitivity irregularity between channels and a process of correcting signal loss due to a rapid decrease in signal strength or due to the presence of an X-ray absorbing material such as metal.”) It is important to note that pre-processing can be considered adjusting a parameter of a non-rigid registration algorithm, because as the subject goes through the CT scanner, the Apparatus adjusts the X-Ray bean to compensate for any tissue or material it absorbs within the patient to eliminate any other external factors other than motion from the subject or the apparatus itselfSeo, Paragraph [0187], discloses “In operation S1040, the tomography apparatus may reconstruct a target image representing an object. Specifically, the tomography apparatus may obtain motion information estimating motion of an object based on the first reference image and the second reference image. The tomography apparatus may reconstruct the target image representing the object at a target point based on the motion information.”). Seo does not explicitly disclose “in accordance with a ratio between tube currents in a case where the transmitted X-ray data used to generate the first image and the second image has been acquired”. However, in an analogous field of endeavor, Yan discloses “in some embodiments, the projection space filtering process can also filter the projection data as a function of a combination of the respective pathlengths of the projections and tube currents of the respective projections.” (Yan, Paragraph [0038]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the X-Ray CT Apparatus with the registration processing techniques seen in Seo with the method of using a ratio of tube currents seen in Yan to achieve an improved X-Ray CT Apparatus. By using the X-Ray Apparatus seen in Seo with the method of using a ratio of tube currents seen in Yan, one of ordinary skill in the art can effectively distinguish the distinct features within the two CT images to reconstruct them into one unique image to correct the motion that may occur during a CT Scan. Therefore, it would have been obvious for one of ordinary skill in the art to combine the Seo and Yan references to achieve the same system described in Claim 10.
Regarding Claim 11, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 10” (Please see the above-described analysis for Claim 10), “wherein the one or more processors include a noise reduction filter used in noise reduction processing on the first image and the second image prior to the registration processing” (Seo, Paragraph [0011] discloses “an image processor configured to perform noise reduction based on at least one from among the first image data and the second image data”), and “adjust at least one of a type or a parameter of the noise reduction filter, in accordance with the ratio between the tube currents in a case where the transmitted X-ray data used to generate the first image and the second image has been acquired” (Seo, Paragraph [0129], discloses “The image processor 620 may perform the noise reduction by adjusting a size of a voxel inside the first image obtained from the first image data and a size of a voxel inside the second image obtained from the second image data. For example, the image processor 620 may reduce noise by increasing a size of a voxel.”, Yan, Paragraph [0038], discloses “In some embodiments, the projection space filtering process can also filter the projection data as a function of a combination of the respective pathlengths of the projections and tube currents of the respective projections.”). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the noise reduction filter and its adjustment seen in the combination of Seo and Yan to improve the X-Ray CT Apparatus in the same way. By using the noise reduction filter and the adjustment of its parameters seen in the combination of Seo and Yan, one of ordinary skill in the art can reduce the noise within the image to decipher the key features in the image. Therefore it would have been obvious for one of ordinary skill in the art to use the Seo and Yan references to achieve the same X-Ray CT Apparatus seen in Claim 11.
Claim 12 recites a device (Image processing device) with features (one or more processors from Claim 1 performing motion-corrected image reconstruction) corresponding to the elements of the apparatus recited in Claim 1. Therefore, the recited features of this claim are mapped to the proposed combination in the same manner as the corresponding elements in its corresponding method claim. Additionally, the rationale and motivation to combine the Seo and Yan references, presented in rejection of Claim 1, apply to this claim. Finally, Seo discloses a device to perform image reconstruction (For example, see Seo, Paragraph [0118], where they disclose “The tomography apparatus 600 may be included inside the CT system 100 described in FIGS. 1 and 2. Also, the tomography apparatus 600 may be included inside the medical apparatus 136 or the portable device 138 described in FIG. 3, and connected with the CT system 100 to operate. Specifically, the tomography apparatus 600 may be all medical imaging apparatuses reconstructing an image based on data obtained by using a ray that has passed through an object. That is, the tomography apparatus 600 may be all medical imaging apparatuses reconstructing an image based on projection data obtained by using a ray that has passed through the object.”).
Claim 13 recites a device (Image processing device) with features (one or more processors from Claim 10 performing motion-corrected image reconstruction) corresponding to the elements of the apparatus recited in Claim 10. Therefore, the recited features of this claim are mapped to the proposed combination in the same manner as the corresponding elements in its corresponding method claim. Additionally, the rationale and motivation to combine the Seo and Yan references, presented in rejection of Claim 1, apply to this claim. Finally, Seo discloses a device to perform image reconstruction (For example, see Seo, Paragraph [0118], where they disclose “The tomography apparatus 600 may be included inside the CT system 100 described in FIGS. 1 and 2. Also, the tomography apparatus 600 may be included inside the medical apparatus 136 or the portable device 138 described in FIG. 3, and connected with the CT system 100 to operate. Specifically, the tomography apparatus 600 may be all medical imaging apparatuses reconstructing an image based on data obtained by using a ray that has passed through an object. That is, the tomography apparatus 600 may be all medical imaging apparatuses reconstructing an image based on projection data obtained by using a ray that has passed through the object.”).
Regarding Claim 14, Seo discloses “A motion-corrected image reconstruction method of performing image reconstruction of a CT image by correcting motion of a subject during scanning by using transmitted X-ray data, the method comprising:” (Seo, Paragraph [0028], discloses: “According to another aspect of an exemplary embodiment, a method of reconstructing a cross-sectional image includes obtaining first image data at a first point and second image data at a second point using tomography, the tomography being performed by irradiating an X-ray to an object; performing noise reduction based on at least one from among the first image data and the second image data; obtaining a first reference image corresponding to the first image data and a second reference image corresponding to the second image data using a result of the performed noise reduction; and reconstructing a target image representing the object based on the first reference image and the second reference image.”; Paragraph [0029] discloses “The reconstructing of the target image representing the object may include: obtaining motion information estimating a motion of the object based on the first reference image and the second reference image; and reconstructing the target image representing the object at a target point based on the motion information.”); “generating a first image and a second image at directly opposite positions by using a part of the transmitted X-ray data” (Seo, Paragraph [0177], discloses “a tomography apparatus may obtain first image data and second image data via tomography. Here, the first image data is data obtained by irradiating an X-ray to an object at a first point, and the second image data is data obtained by irradiating an X-ray to the object at a second point. The tomography apparatus may obtain image data by directly irradiating an X-ray to the object, and may obtain image data from an external apparatus.”); “acquiring motion information of the subject by performing noise reduction processing and registration processing after noise reduction, on each of the first image and the second image” (Seo, Abstract, discloses “an image processor configured to perform noise reduction based on at least one from among the first image data and the second image data, and to obtain a first reference image corresponding to the first image data and a second reference image corresponding to the second image data using a result of the performed noise reduction”; Paragraph [0164], discloses “FIG. 8B is a diagram for explaining a process of performing noise reduction of an image obtained from image data. The tomography apparatus may detect an edge region from at least one of a first image obtained from first image data and a second image obtained from second image data, and perform the noise reduction on at least one image based on the edge region. The tomography apparatus may discriminate an edge region from a smooth region in an image, conserve the edge region, and remove noise.”; Paragraph [0134] discloses “The image reconstructor 630 obtains motion information of an object by using the first reference image and the second reference image. Specifically, the image reconstructor 630 may obtain the motion information representing an amount of motion of the object during a section ranging from the first point to the second point. Here, the motion information may be a difference in at least one of a shape, a size, and a location between a predetermined object included in the first reference image and a predetermined object included in the second reference image occurring due to the motion of the object.”); “adjusting, in the acquisition, at least one of a type or a parameter of a noise reduction filter used in the noise reduction processing and a parameter of a non-rigid registration algorithm used in the registration processing” (Seo, Paragraph [0129], discloses: “The image processor 620 may perform the noise reduction by adjusting a size of a voxel inside the first image obtained from the first image data and a size of a voxel inside the second image obtained from the second image data. For example, the image processor 620 may reduce noise by increasing a size of a voxel.”; Paragraph [0090] discloses “The image processor 126 may receive data acquired by the DAS 116 (e.g., pure data that is data before processing), via the data transmitter 120, and may perform pre-processing.”; Paragraph [0091] discloses “The pre-processing may include, for example, a process of correcting a sensitivity irregularity between channels and a process of correcting signal loss due to a rapid decrease in signal strength or due to the presence of an X-ray absorbing material such as metal.”), (Seo, Paragraph [0029], discloses “The reconstructing of the target image representing the object may include: obtaining motion information estimating a motion of the object based on the first reference image and the second reference image; and reconstructing the target image representing the object at a target point based on the motion information.”). Seo does not explicitly disclose “based on a ratio between tube currents in a case where the first image and the second image have been acquired”. However, in an analogous field of endeavor, Yan discloses “In some embodiments, the projection space filtering process can also filter the projection data as a function of a combination of the respective pathlengths of the projections and tube currents of the respective projections.” (Yan, Paragraph [0029]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the motion-correction reconstruction method seen in Seo with the feature of obtaining the ratio of tube currents seen in Yan to improve the image reconstruction method in the same way. By using the motion-corrected image reconstruction method seen in Seo with the ratio of tube currents seen in Yan, one of ordinary skill in the art can effectively correct the image taken from a region of interest on the subject to make sure there is no noise present from the motion through the careful methods of reducing the noise and adjusting the parameters of both the noise reduction and non-rigid registration algorithms to have a clearer image when analyzing specific organs or systems in the body. Therefore, it would have been obvious for one of ordinary skill in the art to combine the Seo and Yan references to achieve the same motion-corrected image reconstruction method seen in Claim 14.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Seo in view of Yan and So (US 20230346330 A1).
Regarding Claim 2, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 1” (Please see the above-described analysis for Claim 1); (So, Paragraph [0060] and Figure 4 (see below)).
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So also discloses “FIG. 25A shows a time-enhancement curve in the ascending aorta of a pig within one cardiac cycle (not fully covered) measured at the location of ROI 1 as shown in FIG. 18A; the dashed line represents the projected baseline level of the curve. FIGS. 25B and 25C show a schematic illustration of the invasive measurement of the aortic flow velocity with a probe inserted into a patient ascending aorta” (So, Paragraph [0042]).
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Finally, So discloses “FIG. 26A shows a CT image of an internal thoracic artery (marked by an arrow) and FIG. 26B shows a CT image of an abdominal fat region (marked by an arrow) where the time-enhancement curves shown in FIG. 26C and FIG. 26D, respectively, are measured from. FIG. 26C shows two curves of the internal thoracic artery as measured at a top/upper slice (FIG. 26A) and a bottom/lower slice (CT image not shown)” (So, Paragraph [0043]).
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As seen in the images mentioned in Figures 25A-25C and 26A-26C, the cardiac phases are found while taking CT images of the heart at opposite positions, therefore having the reconstruction cardiac phase as a center. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the X-Ray CT Apparatus seen in the combination of Seo and Yan with the cardiograph-synchronized imaging techniques found in So to achieve an improve X-Ray Ct Apparatus. By combining the apparatus seen in the combination of Seo and Yan with the cardiac CT synchronized imaging techniques, one of ordinary skill in the art can enable physicians to monitor heart rhythm with the images acquired from the CT scan to get a holistic overview of a patient’s condition. Therefore, it would have been obvious for one of ordinary skill in the art to combine the Seo, Yan, and So references to achieve the same X-Ray CT Apparatus seen in Claim 2.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Seo in view of Yan and Pan (US 20110170757 A1).
Regarding Claim 3, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 1” (Please see the above-described analysis for Claim 1); (Pan, Paragraph [0008]). Since the source and/or object move relative to each other, they are independent and the source does not need to rely on the object being in motion to be able to take images at different regions of interest. Pan also discloses “One may select a preferred trajectory from the multiple suitable trajectories based on a single criterion or multiple criteria. Examples of criteria include, but are not limited to: (1) reducing or minimizing exposure to non-ROI portions from the source; and (2) reducing imaging effort. First, there are instances where exposure from the source should be reduced or minimized. For example, in CT scanning which uses an X-ray source, the trajectory may be selected so that the exposure of the source's X-rays to the regions outside of the region of interest (non-ROI) is reduced or minimized. FIGS. 4a and 4b provide examples of trajectories that are suitable for an ROI of a single breast. One manner in which to evaluate the multiple suitable trajectories is to determine the amount of exposure of the source to non-ROI. In the 2-dimensional examples of FIGS. 4a and 4b, the amount of exposure may be determined by calculating the area outside of the ROI which is exposed to source (i.e., the non-ROI which is subjected to the source). Comparing the figures, trajectory "X" to "Z" exposes more non-ROI area to the source than trajectory "A" to "C." Therefore, trajectory "A" to "C" is considered a better trajectory than trajectory "X" to "Z" based on this single criterion.” (Pan, Paragraph [0215], Figures 4a and 4b (see below)).
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ROI means Region of Interest. Here, we can see how automatic exposure works here, as they adjust the exposure of the X-Ray on the subject based on the regions on interest that are not needed in order to focus in on the regions that are important. Finally, Pan discloses the following in Paragraph [0362] and Figures 7a-7c:
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Here, you can see the angles at which the sources are with respect to the reconstruction center. This shows that they can ultimately be in opposite positions if the X-Ray source is positioned in the right position. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the X-Ray CT Apparatus seen in the combination of Seo and Yan with the automatic exposure control techniques seen in Pan to improve the focus of the CT images acquired with the apparatus. By using automatic exposure control seen in the Pan with the X-Ray CT Apparatus seen in the combination of Seo and Yan, one of ordinary skill in the art can only focus on the organ or other key region to understand the issues within it when imaging a subject. Therefore, it would have been obvious for one of ordinary skill in the art to combine the Seo, Yan, and Pan references to achieve an improved X-Ray CT Apparatus seen in Claim 3.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Seo in view of Yan and Spahn (US 20170000431 A1).
Regarding Claim 4, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 1, wherein the one or more processors” (Please see the above-described analysis for Claim 1); type of X-ray image and/or to the properties of the X-ray detector and/or the properties of the X-ray spectrum of the X-rays and/or the properties of the examination object). The X-ray spectrum may be influenced, for example, by the tube voltage or the filtering. The examination object may likewise vary considerably with respect to properties. For example, the determination of the threshold values may be based on one or a plurality of the following data: data relating to the tube current of an X-ray tube and/or the tube voltage of the X-ray tube and/or a degree of hardening of the X-ray beam...” (Spahn, Paragraph [0026]). Spahn also discloses in the same paragraph that “The energy selective image data generated within a time interval that has been recorded using a different threshold value in each case may be subjected retrospectively to an image processing and/or image correction procedure. For example, the image data acquired within a time interval may be used to generate a monochrome X-ray image for the time interval observed at a desired X-ray quantum energy or, depending on the application or desired image impression required, a weighted total image using the known method of material splitting. The image processing or image correction ensues, for example, in a computation unit of the X-ray system. The image data is read out from the X-ray detector. The readout may ensue in a concerted procedure for all the pixel elements after expiry of a time interval. Alternatively, the readout from the X-ray detector may also ensue while further image data is still being acquired.”. Finally, Spahn discloses “The lengths of the time intervals are application specific. Certain time intervals include a length of, for example, 3 ms to 200 ms. In angiography, for example, time intervals of around 5 ms to 30 ms are used in fluoroscopy (at low doses). For digital subtraction angiography image series (at higher X-ray doses), time intervals with a length of around 30 ms to 200 ms are used. In radiography, time intervals of up to 200 ms may occur. However, time intervals with lengths outside the stated range may also be used. For example, the time interval lengths for computer tomography are considerably shorter”. As we can see from Paragraphs [0026] and [0027], three different classifications have been identified that could be used for the image pairs (monochrome X-Ray image, angiography, and CT images). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the X-Ray CT Apparatus seen in the combination of Seo and Yan with the thresholding technique for the three classifications of image pairs seen in the Spahn to achieve the same classify the two images accordingly when using the apparatus. By combining the apparatus seen in the combination of Seo and Yan with the thresholding technique seen in Spahn, on of ordinary skill in the art can have physicians effectively classify specific images when performing a CT scan to be able to adequately pinpoint what specific organs or organ systems have problems within the body of a patient. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the Seo, Yan, and Spahn references to achieve the same method described in Claim 4.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Seo in view of Yan and Spahn, and further in view of Ketcham (Nondestructive high-resolution visualization and measurement of anisotropic effective porosity in complex lithologies using high-resolution X-ray computed tomography).
Regarding Claim 5, the combination of Seo and Yan discloses “The X-ray CT apparatus according to claim 4” (Please see the above-described analysis for Claim 4); “wherein the transmitted X-ray data acquired by the imaging unit is three-dimensional data that includes” (Seo, Paragraph [0053], discloses “Throughout the specification, an “image” may mean multi-dimensional data formed of discrete image elements, e.g., pixels in a two-dimensional (2D) image and voxels in a three-dimensional (3D) image. For example, the image may include a medical image of an object which is captured by a computed tomography (CT) imaging apparatus.”); “a slice direction intersecting a rotation direction, and the one or more processors generate a plurality of the image pairs along the slice direction”. However, Ketcham discloses the following in Section 2.1 (pgs 96-97):
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It is important to note that although this journal article relates to a completely different use for X-Ray/CT Imaging, it does in fact generate two pairs of slice images along one slice direction, which coordinates with what is going on in the Claim with the X-Ray CT Apparatus. Ketcham also discloses that what is seen above are “a set of techniques that have been developed for employing microfocal-based HRXCT (high resolution X-Ray computed tomography) systems for static porosity characterization.” (Ketcham, Introduction, pg 93). Therefore, it would have been obvious for one of ordinary skill in the art to combine the X-Ray CT Apparatus seen in the combination of Seo and Yan with the technique of acquiring the image pairs along a slice direction seen in Ketcham to improve the X-Ray CT Apparatus seen in Claim 5 in the same way.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li (US 20050078791 A1) teaches a method for smoothing, including generating original projection data, and smoothing the original projection data based on variations in a current that is synchronous with phases of motion of an object.
Tanaka (US 20230079025 A1) teaches an information processing apparatus that acquires projection data obtained by dividing a subject into first and second divided areas and capturing the first and second divided areas.
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/SORIE I KOROMA JR/Examiner, Art Unit 2662
/AMANDEEP SAINI/Supervisory Patent Examiner, Art Unit 2662
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