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 .
Specification
The title of the invention “MEDICAL IMAGE PROCESSING APPARATUS AND MEDICAL IMAGE PROCESSING METHOD” is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No.: 2020/0323502 (Kojima et al.) (hereinafter Kojima), in view of U.S. Patent Application Publication No.: 2018/0000438 (Abe et al.) (hereinafter Abe).
Regarding claim 1, Kojima teaches a medical image processing apparatus comprising processing circuitry configured to: (Kojima, para. [0034]; FIG. 1: “With reference to FIG. 1, a specific configuration of the PCCT device of the present embodiment will be described. As illustrated in FIG. 1, the PCCT (Photon Counting Computed Tomography) device 100 of the present embodiment comprises a UI unit 200, a measurement unit 300, and an arithmetic unit 400.”;
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acquire imaging conditions including a tube voltage of an X-ray tube (Kojima, para. [0061]; para. [0063]: “The UI unit 200 accepts an imaging condition from a user, and delivers the imaging condition to the arithmetic unit 400. By way of example, the UI unit 200 displays an acceptance screen on the monitor, for accepting imaging conditions, and the user enters the imaging conditions, via the acceptance screen, by using a mouse, a keyboard, and a touch panel, for instance. The imaging conditions to be provided may include, for example, tube current of the X-ray tube 311, tube voltage, an imaging region of the subject 101, a shape of the X-ray filter 312, a shape of the bowtie filter 313, and optical resolution. The user may not necessarily enter the imaging conditions every time. For example, typical imaging conditions are stored in advance, and they may be read out when used.”; “Firstly, the imager 405 of the arithmetic unit 400 accepts an input of imaging conditions from a user via the UI unit 200 (step S1101). The input of the imaging condition being accepted may include, for example, tube voltage, tube current, thickness and shape of the X-ray filter 312, and a shape of the bowtie filter 313.”);
determine a range of energy bins to be used to generate a photon counting CT image among a plurality of energy bins set for counting X-ray photons detected by new imaging of the subject using a photon counting CT apparatus for each energy band based on the acquired imaging conditions (Kojima, para. [0030]-[0031]; para. [0051]; FIG. 3A; FIG. 3B; para. [0028]: “In this case, the energy band setter 404 sets multiple sections in the moving direction (body axis direction) of the movable unit 102, and the energy band setter is able to set, as to each of the multiple sections, a different width of energy range for at least one of the multiple energy bands. For example, as shown in FIG. 3 (a), the energy band setter 404 selects and sets an optimum pattern, out of the band patterns 1 to 4, in the body axis direction. In addition, the energy band setter 404 may change the energy range of at least one energy band, among the multiple energy bands in the X-ray detector 321, in response to the rotation angle of the rotator 332. In this case, the distribution of degrees of X-ray attenuation 40 is acquired in advance as to each of multiple directions of the subject 101. The energy band setter 404 sets the energy range of the energy band, in response to the rotation angle of the rotator 332, on the basis of the distributions of degrees of X-ray attenuation 40 in the multiple directions.”; “The band pattern 3 as shown in FIG. 3(b) is a pattern example where the energy range from the minimum energy 40 keV to the maximum energy 140 keV is divided by energy width ΔB=20 keV, into 5 energy bands (bins 1 to 5). That is, bin 1 is set to the energy range from 40 to 60 keV, bin 2 is set to the energy range from 60 to 80 keV, bin 3 is set to the energy range from 80 to 100 keV, bin 4 is set to the energy range from 100 to 120 keV, and bin 5 is set to the energy range from 120 to 140 keV. As for the band pattern 2, the energy width of bin 1 is made larger than the bin 1 of the band pattern 3, and the remaining energy ranges are divided equally into four bands (bins 2 to 5). As for the band pattern 1, the minimum energy is changed to 45 keV, and the overall energy range is made narrower than the band pattern 2, and further, the energy width of bin 1 is made larger than the band pattern 3, and the remaining energy ranges are divided equally into four bands (bins 2 to 5). As for the band pattern 4, the energy width of bin 1 is still larger than the band pattern 2, and the bin 1 is set to the energy range from 40 to 80 keV, the bin 2 is set to the energy range from 80 to 95 keV, the bin 3 is set to the energy range from 95 to 110 keV, the bin 4 is set to the energy range from 110 to 125 keV, and the bin 5 is set to the energy range from 125 to 140 keV.”;
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“The energy band setter 404 sets an energy range of at least one of the multiple energy bands in the X-ray detector 321, on the basis of the distribution of degrees of X-ray attenuation at respective energy levels, the distribution being measured in advance with respect to a predetermined direction of the subject 101. For example, as shown in FIG. 3(a), in a section (region) 41 including many bones or in a section (region) 42 embedded with metal, within the subject 101, there is a high degree of attenuation in low-energy level X-rays. Thus, the number of X-ray photons of low-energy level reaching the X-ray detector 321 through such regions becomes small. Therefore, the number of X-ray photons of low-energy level, counted by the X-ray detector 321, also becomes small.”; Kojima teaches adjusting the range of the energy bins (see band patterns 1, 2, and 4 in FIG. 3B) compared to the standard range of energy bins (see band pattern 3 in Fig. 3B above) based on the amount of X-ray attenuation which is the reduction of X-ray beam intensity as photons are absorbed or scattered while passing through body tissues; although X-ray attenuation is not directly an “imaging condition” per se, X-ray attenuation in photon counting computed tomography (PCCT) is directly dependent upon the tube voltage (kV); higher tube voltage increases the average energy of the X-ray photons, which makes the beam more penetrating and reduces overall attenuation; therefore, because the amount of X-ray attenuation is based upon tube voltage (imaging condition), the adjustment/determining of range energy bins is indirectly based on the tube voltage; this meets the broadest reasonable interpretation of the claim reciting “determine a range of energy bins … based on the acquired imaging conditions including a tube voltage of an X-ray tube”); and
generate the photon counting CT image using count values of the X-ray photons in the determined range of energy bins (Kojima, para. [0059]; [0076]: “The energy band setter 404 sets appropriately, the energy bands for the counting circuit 324 of the X-ray detector 321, on the basis of the distribution of degrees of X-ray attenuation 40 at respective energy levels, acquired in advance by the scanogram imaging, or the like. The imager 405 executes imaging such as CT imaging and scanogram imaging. The correction unit 406 performs a correction process on the count data as to each of the energy bands, the data being collected by the X-ray detect device 320, under the control of the detection controller 344 … The image generator 407 reconstructs an X-ray CT image, from the count information after the correction that is applied by the correction unit 406 … In order to generate an image, projection data stored in all the energy bins may not be used, but only the count in predetermined energy bands may be used for performing the image reconstruction.”; “Next, the imager 405 executes the PCCT imaging, with the imaging conditions set in the step S1101 and the energy bands provided in the step S1103 (step S1105)”;
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Kojima fails to teach
acquire imaging conditions including a tube voltage of an X-ray tube used at a time of capturing a past CT image of a subject;
Abe teaches
acquire imaging conditions including a tube voltage of an X-ray tube used at a time of capturing a past CT image of a subject (Abe, para. [0091]: “In the foregoing embodiments, the body thickness is estimated based on the X-ray image (fluoroscopic image) collected by the X-ray diagnostic apparatus 100. Embodiments, however, are not limited thereto and, for example, medical images collected by other modalities may be used. In such a case, the acquisition function 211 estimates body thickness information in two directions in which the thickness of the subject is different, based on the medical images collected from the subject, and estimates the respective exposure conditions in imaging from two directions in which the thickness is different, based on the body thicknesses in the two directions. The setting function 212 sets the exposure conditions including tube voltage, tube current, focus size, and radiation dose based on the exposure conditions and the body thickness information in two directions and sets the range of pulse widths and the pulse width at the start of collection of X-ray images. For example, the acquisition function 211 acquires the body thickness information of the subject, from other medical images (for example, computed tomography (CT)) images and magnetic resonance (MR) images) collected in the past from the subject undergoing rotation imaging. The acquisition function 211 then estimates, from the acquired body thickness information, the exposure conditions in rotation imaging in two directions in which the thickness is different. The setting function 212 sets the range of pulse widths and the exposure conditions at the start of rotation imaging from the estimated exposure conditions and the body thickness.”).
It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention of the instant application to modify the processing circuitry configured to acquire imaging conditions including a tube voltage of an X-ray tube, as taught by Kojima, to include being used at a time capturing a past CT image of a subject, as taught by Abe.
The suggestion/motivation for doing so would have been to “improve the image quality in rotation imaging; specifically, in rotation imaging intended for three-dimensional reconstruction, the X-ray diagnostic apparatus 100 ensures a maximum range of pulse widths adaptive to a body thickness change of a subject during rotation imaging and determines appropriate exposure conditions at the imaging start position according to the shape of the subject, thereby improving the image quality in rotation imaging” (Abe, para. [0033]).
Kojima, in view of Abe, teaches
determine a range of energy bins to be used to generate a photon counting CT image corresponding to the past CT image among a plurality of energy bins set for counting X-ray photons detected by new imaging of the subject using a photon counting CT apparatus for each energy band based on the acquired imaging conditions (Kojima, para. [0030]-[0031]; para. [0051]; FIG. 3A; FIG. 3B; para. [0028]; Abe, para. [0091]; Kojima teaches to determine a range of energy bins to be used to generate a photon counting CT image among a plurality of energy bins set for counting X-ray photons detected by new imaging of the subject using a photon counting CT apparatus for each energy band based on the acquired imaging conditions; Abe teaches acquire imaging conditions including a tube voltage of an X-ray tube used at a time of capturing a past CT image of a subject; therefore, Kojima, in view of Abe teaches to determine a range of energy bins … based on the acquired imaging conditions including tube voltage used at a time of capturing a past CT image of a subject; therefore, the range of energy bins determined and used to generate a PCCT image corresponds to a past CT image because the imaging conditions (tube voltage) were chosen based upon past CT images; the new PCCT image will correspond to the old CT image because the imaging conditions were determined based upon the past CT image).
Therefore, it would have been obvious to combine Kojima, with Abe, to obtain the invention as specified in claim 1.
With regards to claim 8, it recites the functions of the apparatus of claim 1, as a process. Thus, the analysis in rejecting claim 1 is equally applicable to claim 8.
Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kojima, in view of Abe, and in view of U.S. Patent Application Publication No.: 2020/0249179 (Yamakawa et al.) (hereinafter Yamakawa).
Regarding claim 2, Kojima, in view of Abe, teaches the medical image processing apparatus according to claim 1.
Kojima, in view of Abe, fails to teach
wherein the processing circuitry is configured to determine, as the range of energy bins, a range of energy bins from an energy bin having a lowest energy band among the plurality of energy bins to an energy bin having an energy band corresponding to a value of the tube voltage included in the imaging conditions.
Yamakawa teaches
wherein the processing circuitry is configured to determine, as the range of energy bins, a range of energy bins from an energy bin having a lowest energy band among the plurality of energy bins to an energy bin having an energy band corresponding to a value of the tube voltage included in the imaging conditions (Yamakawa, para. [0084]; FIG. 2: “As stated, the detector 24 is categorized into a photon counting detector (a photon counting type of detector) in terms of how to detect X-rays. Practically, the detector 24 regards, as an aggregation of photons having various amounts of energy, the X-rays (polychromatic X-rays) having a continuous energy spectrum, and has a configuration which counts the number of photons every X-ray energy bin (range) and every pixel (incidentally, the pixels may be one, or two or more in number). As shown in FIG. 2, the X-ray energy bins are set for example as three energy bins Binlow to Binhigh. The number of energy bins may be three or more, such as four or five, in number. In the energy spectrum [keV], an energy range lower than a lower-limit threshold TH1 and an energy range higher than an upper-limit threshold TH4 (which is set at the tube voltage in the example of FIG. 2) are set as being an unmeasurable range and an unused range, respectively. A range between the thresholds TH1 to TH4 is divided into a single range (in such a case, the thresholds are composed of only TH1 and TH4) or into a plurality of energy bins. For example, when thresholds TH2 and TH3 are set as shown in FIG. 2, there can be provided three energy bins”;
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It would have been obvious to a person having ordinary skill in the art before the time of the effective filing date of the claimed invention of the instant application to modify the processing circuitry, as taught by Kojima, in view of Abe, to determine, as the range of energy bins, a range of energy bins from an energy bin having a lowest energy band among the plurality of energy bins to an energy bin having an energy band corresponding to a value of the tube voltage included in the imaging conditions, as taught by Yamakawa.
The suggestion/motivation for doing so would have been that setting the upper threshold of the highest energy bin in Photon-Counting Computed Tomography (PCCT) to match the maximum tube voltage (kVp) ensures complete spectral coverage of the X-ray spectrum, prevents loss of high-energy quanta, and accurately normalizes material decomposition and quantitative calibration.
Therefore, it would have been obvious to combine Kojima and Abe, with Yamakawa, to obtain the invention as specified in claim 2.
Allowable Subject Matter
Claims 3-7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Patent Application Publication No.: 2016/0022243 (Nakai et al.) (hereinafter Nakai) that teaches using imaging conditions (tube voltage; reference photon count) fix corrections of photon count based on found tube voltages from the reference photon count for optimal reconstruction.
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/MICHAEL ADAM SHARIFF/
Examiner, Art Unit 2672
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