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 .
Claims 2 – 21 are presented for examination.
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.
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.
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.
Claims 2-3, 5-6, 9-13, 15-16, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2016/0166234 A1; pub. Jun. 16, 2016) in view of Fischer et al. (US 2012/0020455 A1; pub. Jan. 26, 2012).
Regarding claim 2, Zhang et al. disclose: An imaging system for imaging a breast of a patient, the imaging system comprising:
an x-ray imaging device (fig.2 items 124 & 126);
a breast immobilization device (fig.2 items 150 & 152);
at least one processor (fig.2 item 132); and
memory coupled to the at least one processor, the memory comprising computer executable instructions that, when executed by the at least one processor, performs a set of operations (para. [0032]) comprising:
receiving at least one geometric physical attribute for the breast of the patient, wherein the at least one geometric physical attribute is specific to the patient and comprise at least one of breast size, breast thickness, breast shape, breast volume data, and breast surface points (para. [0044]);
customizing image acquisition parameters for the x-ray imaging device specific for the breast of the patient based on the at least one geometric physical attribute, wherein the image acquisition parameters include a scanning tomosynthesis imaging (para. [0044]);
receiving at least one tissue physical attribute for the breast of the patient; and customizing compression parameters for the breast immobilization device specific for the breast of the patient based on at least one of the at least one geometric physical attribute and the at least one tissue physical attribute (para. [0044]);
wherein the breast immobilization device is configured to compress the breast of the patient based on the customized compression parameters for the breast of the patient (para. [0044])
and the x-ray imaging device is configured to image the breast of the patient based on the customized image acquisition parameters for the breast of the patient (para. [0044]), and
wherein the memory is configured to store the at least one geometric physical attribute for the breast of the patient, the customized image acquisition parameters for the breast of the patient, the at least one tissue physical attribute for the breast of the patient, and the customized compression parameters for the breast of the patient (para. [0044]).
Zhang et al. are silent about: customizing image acquisition parameters for the x-ray imaging device specific for the breast of the patient based on the at least one geometric physical attribute, wherein the image acquisition parameters include a scanning angle range for tomosynthesis imaging.
In a similar field of endeavor Fischer et al. disclose: customizing image acquisition parameters for the x-ray imaging device specific for the breast of the patient based on the at least one geometric physical attribute, wherein the image acquisition parameters include a scanning angle range for tomosynthesis imaging (para. [0023]) motivated by the benefits for a more accurate volumetric breast image.
In light of the benefits for a more accurate volumetric breast image, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Zhang et al. with the teachings of Fischer et al.
Regarding claim 3, Zhang et al. disclose: the customized compression parameters for the breast immobilization device are only based on the at least one tissue physical attribute of the breast of the patient (para. [0044]).
Regarding claim 5, Zhang et al. disclose: the at least one tissue physical attribute includes breast density (para. [0044]).
Regarding claim 6, Zhang et al. disclose: the at least one tissue physical attributes comprise at least one of breast elasticity, breast composition distributions, and breast density (para. [0044]).
Regarding claim 9, Zhang et al. disclose: the image acquisition parameters further include a selection of x-ray techniques (para. [0026]).
Regarding claim 10, Zhang et al. disclose: the set of operations further include: imaging the breast of the patient using the customized image acquisition parameters; and receiving as output from the imaging, one or more breast images (para. [0033]-[0034], [0041]-[0042], [0044]).
Regarding claim 11, Fischer et al. disclose: an attribute acquisition system configured to identify the at least one geometric physical attribute of the breast of the patient, the attribute acquisition system including one or more of an image sensor, a depth sensor, a tracking sensor, a proximity sensor, a stereo/HD camera, and an infrared camera (para. [0024]) motivated by the benefits for a more accurate volumetric breast image.
Regarding claim 12, Zhang et al. and Fischer et al. disclose: A method for imaging a breast of a patient, the method comprising: receiving at least one geometric physical attribute for the breast of the patient at an imaging system, wherein the at least one geometric physical attribute is specific to the patient and comprise at least one of breast size, breast thickness, breast shape, breast volume data, and breast surface points;
customizing image acquisition parameters for an x-ray imaging device of the imaging system specific for the breast of the patient based on the at least one geometric physical attribute, wherein the image acquisition parameters include a scanning angle range for tomosynthesis imaging;
receiving at least one tissue physical attribute for the breast of the patient; customizing compression parameters for a breast immobilization device of the imaging system specific for the breast of the patient based on at least one of the at least one geometric physical attribute and the at least one tissue physical attribute; immobilizing the breast of the patient of the patient at the breast immobilization device based on the customized compression parameters for the breast of the patient; imaging the breast of the patient via the x-ray imaging device based on the customized image acquisition parameters for the breast of the patient; and storing the at least one geometric physical attribute for the breast of the patient, the customized image acquisition parameters for the breast of the patient, the at least one tissue physical attribute for the breast of the patient, and the customized compression parameters for the breast of the patient (the claim contains the same substantive limitations as claim, the claim is therefore rejected on the same basis).
Regarding claim 13, Zhang et al. disclose: the customized compression parameters for the breast immobilization device are only based on the at least one tissue physical attribute of the breast of the patient (para. [0044]).
Regarding claim 15, Zhang et al. disclose: the at least one tissue physical attribute includes breast density (para. [0044]).
Regarding claim 16, Zhang et al. disclose: the at least one tissue physical attributes comprise at least one of breast elasticity, breast composition distributions, and breast density (para. [0044]).
Regarding claim 19, Zhang et al. disclose: the image acquisition parameters further include a selection of x-ray techniques (para. [0026]).
Claims 4 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2016/0166234 A1; pub. Jun. 16, 2016) in view of Fischer et al. (US 2012/0020455 A1; pub. Jan. 26, 2012) and further in view of Arai et al. (US 2020/0261045 A1; pub. Aug. 20, 2020).
Regarding claim 4, the combined references are silent about: the at least one geometric physical attribute includes breast size.
In a similar field of endeavor Arai et al. disclose: the at least one geometric physical attribute includes breast size (para. [0070]) motivated by the benefits for improving diagnostics and patient comfort (Arai et al. para. [0004]).
In light of the benefits for improving diagnostics and patient comfort as taught by Arai et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Zhang et al. and Fischer et al. with the teachings of Arai et al.
Regarding claim 14, the combination of Zhang et al., Fischer et al. and Arai et al. disclose: the at least one geometric physical attribute includes breast size (the claim is rejected on the same basis as claim 4).
Claims 7 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2016/0166234 A1; pub. Jun. 16, 2016) in view of Fischer et al. (US 2012/0020455 A1; pub. Jan. 26, 2012) and further in view of Jerebko et al. (US 2012/0157819 A1; pub. Jun. 21, 2012).
Regarding claim 7, Fischer et al. disclose: include a desired number range of image slices used for breast volume reconstruction (para. [0026]). The combined references are silent about: the number of slices being based on breast thickness.
In a similar field of endeavor Jerebko et al. disclose: the number of slices being based on breast thickness (para. [0052]) motivated by the benefits for the surgeon to operate more reliably because the position of the damaged tissue can be determined more accurately (Jerebko et al. para. [0015]).
In light of the benefits for the surgeon to operate more reliably because the position of the damaged tissue can be determined more accurately as taught by Jerebko et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Zhang et al. and Fischer et al. with the teachings of Jerebko et al.
Regarding claim 17, the combination of Zhang et al., Fischer et al. and Jerebko et al. disclose: the image acquisition parameters further include a desired number range of image slices used for breast volume reconstruction, the number of slices being based on breast thickness (the claim is rejected on the same basis as claim 7).
Claims 8 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2016/0166234 A1; pub. Jun. 16, 2016) in view of Fischer et al. (US 2012/0020455 A1; pub. Jan. 26, 2012) and further in view of Bambot (US 2020/0297298 A1; pub. Sep. 24, 2020).
Regarding claim 8, the combined references are silent about: the image acquisition parameters further include at least one of automatic exposure control function and a spatial thickness distribution of tissue.
In a similar field of endeavor Bambot discloses: the image acquisition parameters further include at least one of automatic exposure control function and a spatial thickness distribution of tissue (Abstract, para. [0034]) motivated by the benefits for improving patient comfort (Bambot para. [0034]).
In light of the benefits for improving patient comfort as taught by Bambot, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Zhang et al. and Fischer et al. with the teachings of Bambot.
Regarding claim 18, the combination of Zhang et al., Fischer et al. and Bambot disclose: the image acquisition parameters further include at least one of automatic exposure control function and a spatial thickness distribution of tissue (the claim is rejected on the same basis as claim 8).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2016/0166234 A1; pub. Jun. 16, 2016) in view of Fischer et al. (US 2012/0020455 A1; pub. Jan. 26, 2012) and further in view of Leussler et al. (US 2021/0315520 A1; pub. Oct. 14, 2021).
Regarding claim 20, the combined references are silent about: monitoring patient motion during the imaging of the breast.
In a similar field of endeavor Leussler et al. disclose: monitoring patient motion during the imaging of the breast (para. [0146], [0149]) motivated by the benefits for accurate breast imaging while improving patient comfort.
In light of the benefits for accurate breast imaging while improving patient comfort, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Fischer et al. with the teachings of Leussler et al.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2016/0166234 A1; pub. Jun. 16, 2016) in view of Fischer et al. (US 2012/0020455 A1; pub. Jan. 26, 2012) and further in view of Blaski et al. (US 2020/0060632 A1; pub. Feb. 27, 2020).
Regarding claim 21, the combined references are silent about: performing a medical procedure on the breast of the patient.
In a similar field of endeavor Blaski et al. disclose: performing a medical procedure on the breast of the patient (para. [0023]) motivated for improving diagnostic accuracy.
In light of the benefits for improving diagnostic accuracy, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Fischer et al. with the teachings of Blaski et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAMADOU FAYE whose telephone number is (571)270-0371. The examiner can normally be reached Mon – Fri 9AM-6PM.
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/MAMADOU FAYE/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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