DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on the following dates are in compliance with the provisions of 37 CFR 1.97 and are being considered by the Examiner: 12/18/2024.
Claim Objections
3. Claim 1 is objected to because of the following informalities:
- Claim 1, Line 6 is objected. The minor typographical error "replacing
- Claims 1, "CT" is not defined. The examiner suggests to replace it with "computed tomography (CT)".
Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
5. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
The Examiner finds the claim language informal and there are numerous issues.
Claim 1, lines 4-5 cites "… below the material surface density with the air density value” There is insufficient antecedent basis for this limitation in the claim. It should probably be "… below a material surface density with an air density value”, and the claim will be read as such for the purpose of applying prior art.
Claim 1, lines 6-7 cites "… above the material surface density with the material density value” There is insufficient antecedent basis for this limitation in the claim. It should probably be "… above a material surface density with a material density value”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, lines 7-8 cites "… below the material surface density with the air density value” There is insufficient antecedent basis for this limitation in the claim. It should probably be "… below a material surface density with an air density value”, and the claim will be read as such for the purpose of applying prior art.
Claim 8, lines 9-10 cites "… above the material surface density with the material density value” There is insufficient antecedent basis for this limitation in the claim. It should probably be "… above a material surface density with a material density value”, and the claim will be read as such for the purpose of applying prior art.
Claim 15, lines 6-7 cites "… below the material surface density with the air density value” There is insufficient antecedent basis for this limitation in the claim. It should probably be "… below a material surface density with an air density value”, and the claim will be read as such for the purpose of applying prior art.
Claim 15, lines 8-9 cites "… above the material surface density with the material density value” There is insufficient antecedent basis for this limitation in the claim. It should probably be "… above a material surface density with a material density value”, and the claim will be read as such for the purpose of applying prior art.
Double Patenting
6. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
7. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent US11741569B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are similar to the claims in the patent to meet the limitations claimed in the patent.
Table 1: illustrates the conflicting claim pairs:
18/985677
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
US11741569B2
1
6
2
3
7
9
14
10
11
15
17
18/985677
16
17
18
19
20
US11741569B2
18
Table 2: Comparison of claims in instant application 18/985677 vs. claims in US11741569B2.
18/985677
US11741569B2
1. A computer-implemented method of compressing CT reconstruction images, comprising:
receiving a volumetric density file comprising one or more voxels, each
comprising a voxel density value;
replacing one or more non-interesting voxel density values below the material
surface density with the air density value;
replacing one or more non-interesting voxel density values above the material
surface density with the material density value;
quantizing all voxels of the one or more voxels to provide a reduced volume
image; and
compressing the reduced volume image to provide a compressed volume image.
1. A computer-implemented method of compressing CT reconstruction images, comprising:
receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value;
replacing a first set of voxel density values below an air density value with the air density value;
replacing a second set of voxel density values above a material density value with the material density value;
determining a set of the one or more voxels as voxels of interest;
replacing a third set of non-interesting voxel density values below a material surface density with the air density value;
replacing a fourth set of non-interesting voxel density values above the material surface density with the material density value;
quantizing all voxels of the one or more voxels to provide a reduced volume image; and
compressing the reduced volume image to provide a compressed volume image.
2. The method of claim 1, wherein non-interesting voxels comprise voxels not belonging to the material surface.
3. The method of claim 1, wherein non-interesting voxels comprise voxels not within a fixed distance of an established material surface voxel.
4. The method of claim 3, wherein the fixed distance comprises 5 voxels.
6. The method of claim 5, wherein the fixed distance is 5 voxels.
5. The method of claim 1, wherein the volumetric density file is of a CT scanned physical impression.
2. The method of claim 1, wherein the volumetric density file is of a CT scanned physical impression.
6. The method of claim 5, wherein the physical impression comprises an impression
material.
3. The method of claim 2, wherein the physical impression comprises an impression material.
7. The method of claim 1, wherein quantizing comprises a lower bit-count than 16 bits per
voxel.
7. The method of claim 1, wherein quantizing comprises a lower bit-count than 16 bits per voxel.
8. A system of compressing computed tomography (CT) reconstruction images, comprising:
a processor;
a computer-readable storage medium comprising instructions executable by the
processor to perform steps comprising:
receiving a volumetric density file comprising one or more voxels, each
comprising a voxel density value;
replacing one or more non-interesting voxel density values below the material
surface density with the air density value;
replacing one or more non-interesting voxel density values above the material
surface density with the material density value;
quantizing all voxels of the one or more voxels to provide a reduced volume
image; and
compressing the reduced volume image to provide a compressed volume image.
9. A system of compressing computed tomography (CT) reconstruction images, comprising:
a processor;
a computer-readable storage medium comprising instructions executable by the processor to perform steps comprising:
receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value;
replacing a first set of voxel density values below an air density value with the air density value;
replacing a second set of voxel density values above a material density value with the material density value;
determining a set of the one or more voxels as voxels of interest;
replacing a third set of non-interesting voxel density values below a material surface density with the air density value;
replacing a fourth set of non-interesting voxel density values above the material surface density with the material density value;
quantizing all voxels of the one or more voxels to provide a reduced volume image; and
compressing the reduced volume image to provide a compressed volume image.
9. The system of claim 8, wherein non-interesting voxels comprise voxels not belonging to the material surface.
10. The system of claim 8, wherein non-interesting voxels comprise voxels not within a fixed distance of an established material surface voxel.
11. The system of claim 10, wherein the fixed distance comprises 5 voxels.
14. The system of claim 13, wherein the fixed distance is 5 voxels.
12. The system of claim 8, wherein the volumetric density file is of a CT scanned physical impression.
10. The system of claim 9, wherein the volumetric density file is of a CT scanned physical impression.
13. The system of claim 12, wherein the physical impression comprises an impression
material.
11. The system of claim 10, wherein the physical impression comprises an impression material.
14. The system of claim 8, wherein quantizing comprises a lower bit-count than 16 bits per voxel.
15. The system of claim 9, wherein quantizing comprises a lower bit-count than 16 bits per voxel.
15. A non-transitory computer readable medium storing executable computer program instructions for compressing computed tomography (CT) reconstruction images, the computer program instructions comprising instructions for:
receiving a volumetric density file comprising one or more voxels, each
comprising a voxel density value;
replacing one or more non-interesting voxel density values below the material
surface density with the air density value;
replacing one or more non-interesting voxel density values above the material
surface density with the material density value;
quantizing all voxels of the one or more voxels to provide a reduced volume
image; and
compressing the reduced volume image to provide a compressed volume image.
17. A non-transitory computer readable medium storing executable computer program instructions for compressing computed tomography (CT) reconstruction images, the computer program instructions comprising instructions for:
receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value;
replacing a first set of voxel density values below an air density value with the air density value;
replacing a second set of voxel density values above a material density value with the material density value;
determining a set of the one or more voxels as voxels of interest;
replacing a third set of non-interesting voxel density values below a material surface density with the air density value;
replacing a fourth set of non-interesting voxel density values above the material surface density with the material density value;
quantizing all voxels of the one or more voxels to provide a reduced volume image; and
compressing the reduced volume image to provide a compressed volume image.
16. The medium of claim 15, wherein non-interesting voxels comprise voxels not belonging to the material surface.
17. The medium of claim 15, wherein non-interesting voxels comprise voxels not within a fixed distance of an established material surface voxel.
18. The medium of claim 17, wherein the fixed distance comprises 5 voxels.
19. The medium of claim 15, wherein the volumetric density file is of a CT scanned physical impression.
18. The medium of claim 17, wherein the volumetric density file is of a CT scanned physical impression.
20. The medium of claim 19, wherein the physical impression comprises an impression
material.
8. Although the claims at issue are not identical, they are not patentably distinct from each other. For example, claim 1 of the present application recites “receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value;” “replacing one or more non-interesting voxel density values below the material surface density with the air density value;” “replacing one or more non-interesting voxel density values above the material surface density with the material density value;” “quantizing all voxels of the one or more voxels to provide a reduced volume image; and” “compressing the reduced volume image to provide a compressed volume image.” while claim 1 of US11741569B2 discloses “receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value;” “replacing a first set of voxel density values below an air density value with the air density value;” “replacing a second set of voxel density values above a material density value with the material density value;” “determining a set of the one or more voxels as voxels of interest;” “replacing a third set of non-interesting voxel density values below a material surface density with the air density value;” “replacing a fourth set of non-interesting voxel density values above the material surface density with the material density value;” “quantizing all voxels of the one or more voxels to provide a reduced volume image; and” “compressing the reduced volume image to provide a compressed volume image.” The “receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value;” “replacing a first set of voxel density values below an air density value with the air density value;” “replacing a second set of voxel density values above a material density value with the material density value;” “determining a set of the one or more voxels as voxels of interest;” “replacing a third set of non-interesting voxel density values below a material surface density with the air density value;” “replacing a fourth set of non-interesting voxel density values above the material surface density with the material density value;” “quantizing all voxels of the one or more voxels to provide a reduced volume image; and” “compressing the reduced volume image to provide a compressed volume image.” would be corresponding to “receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value;” “replacing one or more non-interesting voxel density values below the material surface density with the air density value;” “replacing one or more non-interesting voxel density values above the material surface density with the material density value;” “quantizing all voxels of the one or more voxels to provide a reduced volume image; and” “compressing the reduced volume image to provide a compressed volume image.”
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of US11741569B2.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of US11741569B2.
Allowable Subject Matter
9. Claims 1-20 are allowed over prior art.
10. The following is an examiner's statement of reasons for allowance:
Using independent claim 1 as an example, and in the context of the claim as a whole, the prior art does not teach or suggest:
“receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value;” “replacing one or more non-interesting voxel density values below the material surface density with the air density value;” “replacing one or more non-interesting voxel density values above the material surface density with the material density value;” “quantizing all voxels of the one or more voxels to provide a reduced volume image; and” “compressing the reduced volume image to provide a compressed volume image.” as claimed.
Independent claim 8 recites similar limitations in the context of a system.
Independent claim 15 recites similar limitations in the context of a non-transitory computer readable medium.
11. The following prior art references are relevant to the claimed invention:
US-2006/0088198-A1 to Arnold, Calibration of tissue densities in computerized tomography teaches a system of CT reconstruction images. comprising (In some cases, the diagnostic detail is defined by a pre-selected threshold value, i.e., if the target element equals or exceeds the threshold value, the detail is counted as a positive diagnostic find. Coronary artery calcifications are a notable example. With currently available CT scanners, calcifications that exceed either 130 HU or 90 HU are counted as positive finds. The Hounsfield units (HUs) are known to vary with scanner type, x-ray beam energy, reconstruction software, patient size and composition, and the like. As a result, the threshold value varies depending on these conditions., para 0015): voxel representation ( The total heart is segmented in 3D space, and a best representation of the average voxel HU value is determined. Calcifications and fat are removed from the volume by thresholding and by histogram analysis. The calibration makes the assumption that blood density is consistent, and the same for all people. Although blood density does vary with hematocrit, blood cell volume, and iron content, these variations are relatively small and acceptable. Human blood, and heart tissue are remarkably similar in all subjects. In addition, the embodiments of the present invention make use of the assumption that blood is homogeneous and has a constant density in every subject, which allows calibrations using the heart and great vessels, para 0027); air density parameters (Air calibration is frequently used in CT scanner calibration along with water. The Hounsfield unit value of air is defined as the minimum CT density, usually -1000 HU. Air density is used for quality assurance and routine calibration-file setup of the scanner. Air calibration has not been used as a calibration reference with individual patient scans. It can be assumed that air is a consistent and reproducible substance. Scatter radiation degrades images by adding a DC image component, which reduces image contrast, signal-to-noise ratio, and dynamic range. The measurement of tissue densities and target edges are degraded. The air present within the esophagus provides an internal air reference for calibration in cardiac and chest imaging. Bowel gas provides a potential air reference for the abdomen. The air adjacent, but outside the body in the environment, provides an external air reference. The embodiments in accordance with the present invention provide a method to use both internal air and external air as calibration references in tissue density measurements, para 0024) but fails to teach receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value; replacing one or more non-interesting voxel density values below the material surface density with the air density value; replacing one or more non-interesting voxel density values above the material surface density with the material density value; quantizing all voxels of the one or more voxels to provide a reduced volume image; and compressing the reduced volume image to provide a compressed volume image.
US-2009/0169081-A1 to Garms, Image based computed tomography number and volume corrections for thin objects in computed tomography systems teaches a system of CT reconstruction images, comprising (abstract, para 0039, The stationary components 328 include a control mechanism 304, a processor 314, a user interface 322, memory 330, an image reconstruction subsystem 316, and a baggage handling system 324. The control mechanism 304 includes a gantry motor controller 308 and a conveyor motor controller 320): voxel representation (The measured volume of an object is also affected by the spatial resolution of the CT system and the voxel size. Objects are formed from a CT volume by connecting adjacent pixels/voxels when the CT number of the pixel/voxel falls within a threshold; or when it is close in value to the adjacent pixel/voxel. Depending on the value of the threshold the volume of a single object may be under or over estimated. A lower threshold produces a larger volume and a higher threshold produces a smaller volume. However, the threshold must be high enough that distinct objects that are close together are not improperly joined together, and therefore the volume is often underestimated. This effect is more pronounced as objects become thinner, para 0049); air density parameters (FIG. 4 depicts a CT number profile of a line passing through a CT image. Specifically, FIG. 4 depicts 3 portions labeled "A," "B," and "C." The line crosses three objects "A," "B," and "C" that are represented in the CT image. "A," "B," and "C" are objects of different thicknesses, "A" being the thickest and "C" the thinnest. In portion "A" of FIG. 4, the object is thick compared to the spatial resolution of the CT system. Line 202 shows the theoretically correct CT number (i.e., the CT number when there are no imaging errors). Line 204 depicts an embodiment of actual measured CT number in the image. The CT number near the edges of the object is averaged between the air and the object, so the edge appears blurred. In the interior of the object the CT number is equal to the theoretical CT number. The average CT number of all of the pixels in the object is slightly less than the theoretical correct CT number., para 0046) but fails to teach receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value; replacing one or more non-interesting voxel density values below the material surface density with the air density value; replacing one or more non-interesting voxel density values above the material surface density with the material density value; quantizing all voxels of the one or more voxels to provide a reduced volume image; and compressing the reduced volume image to provide a compressed volume image.
US-2005/0135664-A1 to Kaufhold et al., Methods and apparatus for reconstruction of volume data from projection data teaches method for reconstructing a volumetric image of an object include obtaining a tomosynthesis projection dataset of an object. The method also includes utilizing the tomosynthesis projection dataset and additional information about the object to minimize a selected energy function or functions to satisfy a selected set of constraints (Abstract) but fails to teach receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value; replacing one or more non-interesting voxel density values below the material surface density with the air density value; replacing one or more non-interesting voxel density values above the material surface density with the material density value; quantizing all voxels of the one or more voxels to provide a reduced volume image; and compressing the reduced volume image to provide a compressed volume image.
US-6,111,974-A to Hiraoglu et al., Apparatus and method for detecting sheet objects in computed tomography data teaches detecting objects in computed tomography (CT) data, including sheet-shaped objects such as sheet explosives can be detected by analyzing a neighborhood of voxels surrounding a test voxel. If the density of the test voxel is sufficiently different from the mean density of the neighboring voxels, then it is concluded that the test voxel is associated with a sheet object (Abstract) but fails to teach receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value; replacing one or more non-interesting voxel density values below the material surface density with the air density value; replacing one or more non-interesting voxel density values above the material surface density with the material density value; quantizing all voxels of the one or more voxels to provide a reduced volume image; and compressing the reduced volume image to provide a compressed volume image.
Feasibility Study of a Geant4-based Diagnostic X-ray Dose Simulator to Saana Jenu, teaches a CT reconstruction images comprising (Page 15, see fig. 4.1 ): voxel representation (Page 15, see fig. 4.1, creating voxelised geometry), air density (Page 28, Table 5.6) but fails to teach receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value; replacing one or more non-interesting voxel density values below the material surface density with the air density value; replacing one or more non-interesting voxel density values above the material surface density with the material density value; quantizing all voxels of the one or more voxels to provide a reduced volume image; and compressing the reduced volume image to provide a compressed volume image.
Dual- and Multi-Energy CT: Principles, Technical Approaches, and Clinical Applications to Cynthia H. McCollough, Shuai Leng, Lifeng Yu, Joel G. Fletcher, teaches the ability of dual- and multi-energy CT to differentiate materials of different effective atomic numbers makes possible several new and clinically relevant CT applications (Abstract) but fails to teach receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value; replacing one or more non-interesting voxel density values below the material surface density with the air density value; replacing one or more non-interesting voxel density values above the material surface density with the material density value; quantizing all voxels of the one or more voxels to provide a reduced volume image; and compressing the reduced volume image to provide a compressed volume image.
US-2018/0028064-A1 to Elbaz et al., Methods and apparatuses for forming a three-dimensional volumetric model of a subject's teeth teaches generating a model of a subject's teeth (Abstract); receiving a voxel density file (Fig. 25A and paragraphs [0068, 0070, 0072]); voxel density values and a material density value (paragraphs [0175-0176, 0229, 0243, 0253-0254]) but fails to teach receiving a volumetric density file comprising one or more voxels, each comprising a voxel density value; replacing one or more non-interesting voxel density values below the material surface density with the air density value; replacing one or more non-interesting voxel density values above the material surface density with the material density value; quantizing all voxels of the one or more voxels to provide a reduced volume image; and compressing the reduced volume image to provide a compressed volume image.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. They are as recited in the attached PTO-892 form.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LE whose telephone number is (571)272-5330. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached at (571) 272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL LE/Primary Examiner, Art Unit 2614
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