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 required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 7-9, 11-12, 14, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al. (US 2023/0334664 A1, Oct. 19, 2023) (hereinafter “Lu”).
Regarding claim 1: Lu discloses a method for generating a multi-modality image set, comprising: obtaining a first modality image of a target for radiotherapy ([0048]-[0049] - at least a tumor is "a target for radiotherapy"; [0066]); wherein the first modality image is an image generated from the target for radiotherapy, and the target for radiotherapy is injected with a tracer ([0048] - injection with a tracer is an inherent feature of at least PET imaging); and performing a first modality conversion on the first modality image to obtain the multi-modality image set of the target for radiotherapy ([0073]-[0077]).
Regarding claim 2: Lu discloses the method according to claim 1, further comprising: obtaining vital sign data of the target for radiotherapy at a current moment ([0097]); wherein the performing the first modality conversion on the first modality image to obtain the multi-modality image set of the target for radiotherapy, includes: performing the first modality conversion on a first modality image of the target for radiotherapy at a historical moment based on the vital sign data of the target for radiotherapy at the current moment, so as to obtain a multi-modality image set matched with the vital sign data of the target for radiotherapy at the current moment ([0095], [0098]-[0105] - the motion field(s) are generated based on the displacement in a plurality of gated frames over time which includes "at a historical moment").
Regarding claim 4: Lu discloses the method according to claim 1, wherein after the performing the first modality conversion on the first modality image to obtain the multi-modality image set of the target for radiotherapy, the method further comprises: storing the multi-modality image set of the target for radiotherapy in an image database according to an object identification of the target for radiotherapy; wherein the image database is used to store object identifications of a plurality of targets for radiotherapy and corresponding multi-modality image sets ([0108]-[0109], [0120], [0138]).
Regarding claim 7: Lu discloses the method according to claim 1, wherein the performing the modality conversion on the first modality image to obtain the multi-modality image set of the target for radiotherapy, includes: extracting the tissue structure information of the target for radiotherapy from the first modality image, and performing the first modality conversion on the first modality image based on the tissue structure information, so as to obtain the multi-modality image set of the target for radiotherapy ([0122]); wherein the tissue structure information is used to characterize a tissue structure of the target for radiotherapy ([0123], [0129] - "includes lesion").
Regarding claim 8: Lu discloses the method according to claim 1, wherein after the performing the modality conversion on the first modality image to obtain the multi-modality image set of the target for radiotherapy, the method further comprises: selecting a target modality image that satisfies a preset condition from the multi-modality image set ([0109]); wherein the target modality image is used to perform at least one of an image registration process, an image fusion process, an image guidance process and a radiotherapy plan generation process of the target for radiotherapy ([0104], [0114] - "...improving the efficiency of the image registration and/or the image fusion.").
Regarding claim 9: Lu discloses the method according to claim 1, wherein, in a case where the first modality image is an MRI image, the multi-modality image set includes at least one of an MRI image, a CT image, a CBCT image, a PET image, a PET-MRI image, a PET-CT image, and an optical epidermal image ([0041]); in a case where the first modality image is a PET-CT image, the multi-modality image set includes at least one of a CT image, a CBCT image, a PET image, a PET-CT image, and an optical epidermal image ([0041]).
Regarding claim 11: Lu discloses an electronic apparatus, comprising: at least one processor ([0053]); and a memory communicatively connected to the at least one processor ([0054]); wherein the memory stores instructions executable by the at least one processor, and the instructions are executed by the at least one processor ([0054]), so as to enable the at least one processor to be configured to: obtain a first modality image of an target for radiotherapy ([0048]-[0049] - at least a tumor is "a target for radiotherapy"); wherein the first modality image is an image generated from the target for radiotherapy, and the target for radio therapy is injected with a tracer ([0048] - injection with a tracer is an inherent feature of at least PET imaging); and perform a first modality conversion on the first modality image to obtain the multi-modality image set of the target for radiotherapy ([0073]-[0077]).
Regarding claim 12: Lu discloses the electronic apparatus according to claim 11, further configured to: obtain vital sign data of the target for radiotherapy at a current moment ([0097]); wherein the electronic apparatus is further configured to: perform the first modality conversion on a first modality image of the target for radiotherapy at a historical moment based on the vital sign data of the target for radiotherapy at the current moment, so as to obtain a multi-modality image set matched with the vital sign data of the target for radiotherapy at the current moment ([0095], [0098]-[0105] - the motion field(s) are generated based on the displacement in a plurality of gated frames over time which includes "at a historical moment").
Regarding claim 14: Lu discloses the electronic apparatus according to claim 11, wherein after performing the first modality conversion on the first modality image to obtain the multi-modality image set of the target for radiotherapy, the electronic apparatus is further configured to: store the multi-modality image set of the target for radiotherapy in an image database according to an object identification of the target for radiotherapy; wherein the image database is used to store object identifications of a plurality of targets for radiotherapy and corresponding multi-modality image sets ([0108]-[0109], [0120], [0138]).
Regarding claim 17: Lu discloses the electronic apparatus according to claim 11, further configured to: extract the tissue structure information of the target for radiotherapy from the first modality image, and perform the first modality conversion on the first modality image based on the tissue structure information, so as to obtain the multi-modality image set of the target for radiotherapy ([0122]); wherein the tissue structure information is used to characterize a tissue structure of a site to be radiotherapy of the target for radiotherapy ([0123], [0129] - "includes lesion").
Regarding claim 18: Lu discloses the electronic apparatus according to claim 11, wherein after performing the first modality conversion on the first modality image to obtain the multi-modality image set of the target for radiotherapy, the electronic apparatus is further configured to: select a target modality image that satisfies a preset condition from the multi-modality image set ([0109]); wherein the target modality image is used to perform at least one of an image registration process, an image fusion process, an image guidance process and a radiotherapy plan generation process of the target for radiotherapy ([0104], [0114] - "...improving the efficiency of the image registration and/or the image fusion.").
Regarding claim 19: Lu discloses the electronic apparatus according to claim 11, wherein, in a case where the first modality image is an MRI image, the multi-modality image set includes at least one of an MRI image, a CT image, a CBCT image, a PET image, a PET-MRI image, a PET-CT image, and an optical epidermal image ([0041]); in a case where the first modality image is a PET-CT image, the multi-modality image set includes at least one of a CT image, a CBCT image, a PET image, a PET-CT image, and an optical epidermal image ([0041]).
Regarding claim 20: Lu discloses a non-transitory computer-readable storage medium storing computer program instructions that, when executed by a processor, cause the processor to implement the method for generating the multi-modality image set according to claim 1 ([0178]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Wang, Jihong, et al. "Magnetic resonance imaging of glucose uptake and metabolism in patients with head and neck cancer." Scientific reports 6.1 (2016): 30618 (hereinafter “Wang”).
Lu discloses that the first and/or second images may be any modality including MRI ([0041]) and that the first and second images are images that each provide functional information or structural information ([0067]). However, Lu is silent on an MRI image with a sugar tracer.
Wang, in the same problem solving area of combined functional and structural imaging, discloses a method comprising acquiring an MRI image showing the metabolic function of a tumor using a sugar (glucose) tracer (see whole document). Wang further discloses that this method of imaging provides metabolic information without exposing the patient to ionizing radiation (introduction).
It would have been prima facie obvious for one having ordinary skill in the art prior to the effective filing date of the claimed invention to implement the method of Lu using MRI and a sugar (glucose) tracer as taught by Wang in order to obtain functional images showing metabolic activity without exposing the patient additional ionizing radiation.
Allowable Subject Matter
Claims 3, 5-6, 13, and 15-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Objection to the specification is withdrawn in light of the removal of the term “metaverse.”
Applicant’s arguments regarding rejections under 35 U.S.C. §112(a) and (b), filed 01/21/2026, have been fully considered and are persuasive in light of the extensive amendments to the claims, specification, and drawings. The rejections are withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Slomka et al. (US 2024/00335174 A1, Oct. 10, 2024) - discloses generating a multi-modality image set by performing modality conversion on acquired images.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLYN A PEHLKE whose telephone number is (571)270-3484. The examiner can normally be reached 9:00am - 5:00pm (Central Time), Monday - Friday.
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/CAROLYN A PEHLKE/ Primary Examiner, Art Unit 3799
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