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 Rejections — 35 U.S.C. § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. §§ 102–-----103 (or as subject to pre-AIA 35 U.S.C. §§ 102–103) 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 the appropriate paragraphs of 35 U.S.C. § 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 and 11-13
Claims 1-9 and 11-13 are rejected under 35 U.S.C. §§ 102(a)(1) and (a)(2) as being anticipated by Yamahana (US 2018/0035968 A1).
Claim 1
Regarding claim 1, a copy of Fig. 18 of Yamahana is presented below, annotated by Examiner to show features of Applicant’s claimed invention.
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Figure 18 of Yamahana, annotated by Examiner, showing a determination of the maximum load timing (indicated by the arrow in the figure) wherein load on a knee joint of a leg is largest.
Yamahana discloses an X-ray imaging system (10) comprising: an X-ray irradiator (62) for irradiating a subject (Q, P) who is in loaded action in which a load is applied to legs (knee joint) of the subject (Q, P) with X-rays; an X-ray detector (65) for detecting the X-rays with which the subject (Q, P) is irradiated by the X-ray irradiator (62) and that pass through the subject (Q, P); a load information acquirer (67-68) for acquiring load information to identify a state of the load applied to the leg or the legs in the loaded action of the subject (Q, P) separately from the detection of the X-rays using the X-ray detector (65); a display (84) for displaying an X-ray image(s) generated based on the detection of the X-rays using the X-ray detector (65); and a controller (81) for executing control for identifiably displaying at least the X-ray image that corresponds to a maximum load timing in which a largest load is applied to one of the legs in the loaded action of the subject (Q, P) on the display based on the load information acquired by the load information acquirer (67-68; ¶¶ 30-70, 88-93, 118-130, 150-160; Figs. 1-3, 7, 18; ¶ 155: “in a case of imaging the state of a knee joint when the foot of the object P touches the ground, an arrow position shown in the graph of the biological information is the timing at which the greatest load is applied to the knee joint”).
Claim 2
Regarding claim 2, Yamahana discloses the X-ray imaging system according to claim 1, wherein the controller (81) executes control for identifiably displaying the X-ray image which is captured by capturing an image of at a knee joint and that corresponds to the maximum load timing on the display based on the load information acquired by the load information acquirer (67-68; ¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 3
Regarding claim 3, Yamahana discloses the X-ray imaging system according to claim 1, wherein the load information acquirer (67-68) includes at least one of an optical image capturer (67) for capturing optical images of the subject during the loaded action and a pressure sensor (68) for detecting pressures applied by the leg or the legs of the subject during the loaded action (¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 4
Regarding claim 4, Yamahana discloses the X-ray imaging system according to claim 3, wherein the load information acquirer (67-68) includes the optical image capturer (67) for capturing the optical images of the subject during the loaded action; and the optical image capturer (61) is arranged in a support (21, including 31-32) supporting the X-ray irradiator (62; ¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 5
Regarding claim 5, Yamahana discloses the X-ray imaging system according to claim 3, wherein the load information acquirer (67-68) includes the optical image capturer (67) for capturing the optical images of the subject during the loaded action; and the controller (81) displays the X-ray image that corresponds to the maximum load timing in association with the optical image captured by the optical image capturer (¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 6
Regarding claim 3, Yamahana discloses the X-ray imaging system according to claim 5, wherein the controller (81) displays the X-ray image that corresponds to the maximum load timing and the optical image that corresponds to the maximum load timing in alignment with each other on the display (84; ¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 7
Regarding claim 7, Yamahana discloses the X-ray imaging system according to claim 1, wherein the controller (81) executes control for identifiably displaying the X-ray image that corresponds to the maximum load timing on the display from a plurality of X-ray images acquired by successively irradiating the subject who is in the loaded action with the X-rays (¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 8
Regarding claim 8, Yamahana discloses the X-ray imaging system according to claim 7, wherein the controller (81) executes control for identifiably displaying the X-ray image that corresponds to the maximum load timing on the display from the plurality of X-ray images by displaying the plurality of X-ray images that include the X-ray image that corresponds to the maximum load timing and the load information acquired in a timing that is synchronized with detection of the X-rays using the X-ray detector in alignment with each other on the display (¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 9
Regarding claim 9, Yamahana discloses the X-ray imaging system according to claim 1, wherein the controller (81) executes control for acquiring the maximum load timing based on the load information acquired by the load information acquirer, and control for identifiably displaying the X-ray image that corresponds to the maximum load timing based on the maximum load timing acquired on the display (¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 11
Regarding claim 11, Yamahana discloses the X-ray imaging system according to claim 9, wherein the load information acquirer (67-68) includes a pressure sensor (68) for detecting a pressure applied by the leg or the legs of the subject during the loaded action; and the controller acquires the maximum load timing on a basis of a magnitude of the pressure that is applied by the one of the legs (¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 12
Regarding claim 12, Yamahana discloses the X-ray imaging system according to claim 9, wherein the controller (81) is configured to direct the X-ray irradiator to irradiate the subject with the X-rays in the maximum load timing acquired (¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Claim 13
Regarding claim 13, see the rejection of claim 1 above, mutatis mutandis.
Claim Rejections — 35 U.S.C. § 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1 (1966), that are applied 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.
Claim 10
Claim 10 is rejected under 35 U.S.C. § 103 as being unpatentable over Yamahana as applied to claim 9 above, and further in view of Song (US 2018/0206810 A1). Regarding claim 10, Yamahana discloses the X-ray imaging system according to claim 9, wherein the load information acquirer (67-68) includes an optical image capturer (67) for capturing optical images of the subject during the loaded action (¶¶ 30-70, 88-93, 118-130, 150-160; see rejection of claim 1 above).
Yamahana does not expressly disclose the controller acquires the maximum load timing on a basis of at least one of a position of another of the legs of the subject in a height direction and an inclination of a body axis of the subject based on the optical images acquired as the load information.
Song discloses identifying the posture of legs which are X-rayed (¶¶ 130-131).
It would have been obvious before the effective filing date of Applicant’s claimed invention to a person having ordinary skill in the art to have modified the invention of Yamahana in view of the teachings of Song, so that the controller acquires the maximum load timing on a basis of at least one of a position of another of the legs of the subject in a height direction and an inclination of a body axis of the subject based on the optical images acquired as the load information
One would have been motivated to do so to ensure the timing is correct.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kimura (US 2012/0201354 A1) discloses an X-ray imaging system (10) comprising: an X-ray irradiator (44) for irradiating a subject (P) who is in loaded action in which a load is applied to legs of the subject (P) with X-rays; an X-ray detector (62) for detecting the X-rays with which the subject (P) is irradiated by the X-ray irradiator and that pass through the subject (P); an information acquirer (45) for acquiring information related to the leg or the legs in the loaded action of the subject separately from the detection of the X-rays using the X-ray detector; a display (24) for displaying an X-ray image(s) generated based on the detection of the X-rays using the X-ray detector; and a controller (16) for executing control for identifiably displaying at least one X-ray image of one of the legs (¶¶ 29-80; Fig. 1).
Imamura (US 2020/0187876 A1) discloses an X-ray imaging system (10) comprising: an X-ray irradiator (11) for irradiating a subject (H) who is in loaded action in which a load is applied to legs of the subject with X-rays; an X-ray detector (12) for detecting the X-rays with which the subject (H) is irradiated by the X-ray irradiator (11) and that pass through the subject (H); an information acquirer (23) for acquiring information related to the leg or the legs in the loaded action of the subject (H) separately from the detection of the X-rays using the X-ray detector (12); a display (30) for displaying an X-ray image(s) generated based on the detection of the X-rays using the X-ray detector; and a controller (27) for executing control for identifiably displaying at least one X-ray image of one of the legs (¶¶ 68-81, 118; Fig. 1).
Kaneko (US 2021/0100519 A1) discloses an X-ray imaging system (100) comprising: an X-ray irradiator (1) for irradiating a subject (S) who is in loaded action in which a load is applied to legs of the subject (S) with X-rays; an X-ray detector (2) for detecting the X-rays with which the subject (S) is irradiated by the X-ray irradiator (1) and that pass through the subject (S); an information acquirer (5) for acquiring information relating to the leg or the legs in the loaded action of the subject (S) separately from the detection of the X-rays using the X-ray detector (2); a display (34) for displaying an X-ray image(s) generated based on the detection of the X-rays using the X-ray detector (2); and a controller (31) for executing control for acquiring information and displaying images (¶¶ 50-145; Figs. 1-3B, 7).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE RIDDICK whose telephone number is (571)270-1865. The examiner can normally be reached M - Th 6:30 am - 5:00 pm ET, with flexible scheduling.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-2995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Blake C. Riddick, Ph.D.
Primary Examiner
Art Unit 2884
/BLAKE C RIDDICK/Primary Examiner, Art Unit 2884
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