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 .
Claim Objections
Claims 7 and 10 are objected to because of the following informalities:
Regarding claim 7, the limitation “according to any one of claim 1” should be changed to “according to claim 1” in order to correct a minor informality.
Regarding claim 10, the limitation “in which a medical image obtained” should be changed to “in which the medical image obtained” in order to correct the antecedence.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-5, and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goto (U.S. 2022/0313191) in view of Karanam (U.S. 2021/0265507).
Regarding claim 1:
Goto discloses a medical image processing apparatus, comprising processing circuitry configured to:
determine a body position of a subject during a scan based on an imaging condition related to the scan of the subject (Fig. 3, S302, posture is determined);
identify a body position image corresponding to the determined body position of the subject ([0054]-[0055], body position image identified);
generate subject information about the subject in which a medical image obtained by the scan is in association with the identified body position image (Fig. 3, s305); and
output the generated subject information ([0049], posture related information; Fig. 4, PRI displayed).
However, Goto fails to disclose identify, from a storage device that stores a body position image representing the body position in association with a corresponding type of the body position, a body position image corresponding to the determined body position of the subject.
Karanam teaches identify, from a storage device that stores a body position image representing the body position in association with a corresponding type of the body position, a body position image corresponding to the determined body position of the subject ([0029], database of poses and can be used to identify poses).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Goto with the database taught by Karanam in order to improve testing accuracy and positioning by verifying patient positioning (Karanam; [0001]-[0003]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 2:
The combination of Goto and Karanam discloses the medical image processing apparatus according to claim 1, wherein the body position image is identified from output information output by an external device that scans the subject (Goto; [0055], posture is determined based on camera outputs).
Regarding claim 3:
The combination of Goto and Karanam discloses the medical image processing apparatus according to claim 1, wherein the body position image is identified based on the medical image (Goto; [0054]-[0055], body position image identified).
Regarding claim 4:
The combination of Goto and Karanam discloses the medical image processing apparatus according to claim 1, wherein the body position image is identified from a captured image of a state of the subject during the scan (Goto; [0078], posture information obtained).
Regarding claim 5:
The combination of Goto and Karanam discloses the medical image processing apparatus according to claim 1, wherein information in which the body position image is in association with medical information about a subject examination summary that summarizes examinations performed on the subject at a plurality of time points is generated (Goto; Fig. 9, body position images PRI and RI, listed scan parameters for different scans conducted at different times).
Regarding claim 7:
The combination of Goto and Karanam discloses the medical image processing apparatus according to any one of claim 1, wherein the body position image is prepared for each of body position types including a standing position (Goto; [0046], upright), a sitting position (Goto; [0046], seated), a supine position (Goto; [0046], different positions), a lateral position (Goto; [0046], different positions), and a prone position (Goto; [0046], different positions).
Regarding claim 8:
The combination of Goto and Karanam discloses the medical image processing apparatus according to claim 7, wherein the body position image includes an image corresponding to an external device that is used during the scan to measure the state of the subject (Goto; [0055], posture is determined based on camera outputs).
Regarding claim 9:
The combination of Goto and Karanam discloses the medical image processing apparatus according to claim 1, wherein the body position image is displayed as an icon (Goto; Fig. 9, PRI and RI are icons).
Regarding claim 10:
Goto discloses an X-ray computed tomography apparatus, comprising processing circuitry configured to:
perform a reconstruction process on raw data generated by scanning a subject to reconstruct a medical image (Fig. 3, s304);
determine a body position of a subject during a scan based on an imaging condition related to the scan of the subject (Fig. 3, S302, posture is determined);
identify a body position image corresponding to the determined body position of the subject ([0054]-[0055], body position image identified);
generate subject information about the subject in which a medical image obtained by the scan is in association with the identified body position image (Fig. 3, s305); and
output the generated subject information ([0049], posture related information; Fig. 4, PRI displayed).
However, Goto fails to disclose identify, from a storage device that stores a body position image representing the body position in association with a corresponding type of the body position, a body position image corresponding to the determined body position of the subject.
Karanam teaches identify, from a storage device that stores a body position image representing the body position in association with a corresponding type of the body position, a body position image corresponding to the determined body position of the subject ([0029], database of poses and can be used to identify poses).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Goto with the database taught by Karanam in order to improve testing accuracy and positioning by verifying patient positioning (Karanam; [0001]-[0003]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Goto (U.S. 2022/0313191) in view of Karanam (U.S. 2021/0265507) as applied to Claim 1 above, and further in view of Braun (U.S. 2016/0073979).
Regarding claim 6:
The combination of Goto and Karanam discloses the medical image processing apparatus according to claim 1.
However, the combination of Goto and Karanam fails to disclose wherein a superimposed medical image obtained by superimposing the body position image on the medical image is generated.
Braun teaches wherein a superimposed medical image obtained by superimposing the body position image on the medical image is generated (Fig. 4, superimposed images).
It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Goto with the superimpose images taught by Braun. One would have been motivated to make such combination in order to improve diagnostic efficiency by defining the imaging position. Therefore, it would have been obvious to combine the apparatus of Goto with the superimpose images taught by Braun to yield predictable results. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
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