DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: input image obtaining module, predicted PET parameter image determining module, and target PET parameter image determining module in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof:
Referring to the specifications as filed, the input image obtaining module corresponds to Fig. 5 310 and corresponding paragraph 86, the predicted PET parameter image determining module corresponds to Fig. 5 320 and corresponding paragraph 87, and the target PET parameter image determining module corresponds to Fig. 5 303 and corresponding paragraph 88. Furthermore, ¶33 discloses “the method may be executed by an apparatus for enhancing a PET parameter image, and the apparatus for enhancing the PET parameter image may be implemented in a form of hardware and/or software, and may be configured in a terminal device”.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 10 covers both statutory and non-statutory embodiments (under the broadest reasonable interpretation of the claim when read in light of the specification and in view of one skilled in the art) and embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter.
Specifically, the Specification at ¶119 wherein “The computer readable storage medium may include but is not limited to an electronic, magnetic, optical, electromagnetic, infrared, or semiconductor system, apparatus or device, or any suitable combination of the above contents. Alternatively, the computer readable storage medium may be a machine readable signal medium. More specific examples of the machine readable storage medium will include electrical connections based on one or more lines, a portable computer disk, a hard disk, a random access memory (RAM), a read only memory (ROM), an erasable programmable read only memory (EPROM or flash memory), an optical fiber, a portable compact disk read only memory (CD-ROM), an optical storage device, a magnetic storage device, or any suitable combination of the above contents…” given the broadest reasonable interpretation does not exclude a signal. Thus, the claims are not eligible subject matter. It is recommended to amend and narrow the claims to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non- transitory" to the claims.
Allowable Subject Matter
Claims 1-9 are allowed.
Claim 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, and similarly regarding claim 8, the prior art of record, alone or in combination, fails to teach at least “determining an original PET parameter image based on an obtained dynamic PET image set, and obtaining an input image corresponding to the original PET parameter image based on a preset mapping list; inputting the input image into an image enhancement model to obtain an output predicted PET parameter image; and adjusting a model parameter of the image enhancement model based on the original PET parameter image and the predicted PET parameter image until a preset number of iterations is met, and using the predicted PET parameter image as a target PET parameter image corresponding to the original PET parameter image”.
At best, Goshen (US 20230316462) teaches in ¶73 “training mode, a training system TS, to be described in more detail below, is used to adjust parameters of an initialized model based on the training data to configure the trained model G. Once sufficiently trained, the so trained model G can then be made available for deployment, so that new imagery, not part of the training set, can then be processed during clinical use for example.”.
At best, Lu et al (US 20230035366) teaches in ¶29 “In the method, data enhancement is firstly performed on an image used for model training, and an initial image and the image after data enhancement are jointly inputted into the image classification model”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN KY whose telephone number is (571)272-7648. The examiner can normally be reached Monday-Friday 9-5PM.
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/KEVIN KY/ Primary Examiner, Art Unit 2671
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