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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/27/2025 and 07/25/2025 are being considered by the examiner.
Claim Objections
Claims 1, 5, and 8-9 are objected to because of the following informalities:
In claim 1, line 6, the term “the first line corresponding to a position” should be changed to “the first line corresponds to a position” in order to avoid typographical issue and enhance clarity within the claims.
In claim 1, line 8, the term “a second line corresponding to a position” should be changed to “a second line corresponds to a position” in order to avoid typographical issue and enhance clarity within the claims.
In claim 5, line 4, the term “capturing changes exceeding a predetermined” should be changed to “capturing changes exceeds a predetermined” in order to avoid typographical issue and enhance clarity within the claims.
In claim 8, line 5, the term “the first line corresponding to a position” should be changed to “the first line corresponds to a position” in order to avoid typographical issue and enhance clarity within the claims.
In claim 8, line 7, the term “a second line corresponding to a position” should be changed to “a second line corresponds to a position” in order to avoid typographical issue and enhance clarity within the claims.
In claim 9, line 2, the term “a computer to execute a process comprising:” should be changed to “a computer configured to execute a process comprising:” in order to enhance clarity within the claims by clearly showing the element that executes processing.
In claim 9, line 6, the term “the first line corresponding to a position” should be changed to “the first line corresponds to a position” in order to avoid typographical issue and enhance clarity within the claims.
In claim 9, line 8, the term “a second line corresponding to a position” should be changed to “a second line corresponds to a position” in order to avoid typographical issue and enhance clarity within the claims.
Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function.
Claims 1-2 and 5-6 recite limitations that use words like “means” (or “step”) or similar terms with functional language but do not invoke 35 U.S.C. 112(f):
Claim 1; recites the limitation, “the processor is configured to……,” [Line 2].
Claim 2; recites the limitation, “the processor is configured to……,” [Line 2]
Claim 5; recites the limitation, “the processor is configured to……,” [Line 2].
Claim 6; recites the limitation, “the processor is configured to……,” [Line 2]
Such claim limitation(s) is/are:
(i) “processor” has a structure associated with it a processor.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim 5 recites a limitation that use words like “means” (or “step”) or similar terms with functional language and do invoke 35 U.S.C. 112(f):
Claim 5; recites the limitation, “a capturing apparatus that performs…..” [Line 3].
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.
After a careful analysis, as disclosed above, and a careful review of the specification the following limitations in claim 5;
(i) “capturing apparatus” (Fig. 1 and Fig. 3. Paragraph [0024 and 0029-0031]- a combination of the gantry 2, the bed 3, and the console 4 corresponds to the medical image capturing apparatus of the present disclosure. The console 4 encompasses the information processing apparatus according to the present embodiment. Next, the information processing apparatus according to the present embodiment encompassed in the console 4 will be described. First, with reference to Fig. 3, a hardware configuration of an information processing apparatus according to the present embodiment will be described. As shown in Fig. 3, an information processing apparatus 10 is a computer, such as a workstation, a server computer, and a personal computer, and comprises a central processing unit (CPU) 11, a non-volatile storage 13, and a memory 16 as a transitory storage region. In addition, the information processing apparatus 10 comprises a display 14 such as a liquid crystal display, an input device 15 such as a keyboard and a mouse, and a network interface (I/F) 17 connected to the CT device 1. The capturing apparatus thus has sufficient structure or material wherein is a gantry, bed, computer, memory, and display.).
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 therefore, subject to the conditions and requirements of this title.
Claims 1-9 are rejected under 35 U.S.C. 101
Regarding Independent Claim 1 and its dependent claims 2-7,
Step 1 Analysis: Claim 1 is directed to a device, which falls within one of the four statutory categories.
Step 2A Prong 1 Analysis: Claim 1 recites, in part:
“perform control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.”
The limitations as drafted, are processes that, under broadest reasonable interpretation, covers the performance of the limitation in the mind which falls within the “Mental Processes” grouping of abstract ideas. The limitations of:
“perform control…predetermined threshold value” is a step, under BRI, to be what the human mind, or by a human using pen and paper, can also perform through a mental process of observation and evaluation such as, the human mind can observe some images and determine where to properly display a line on an image based on a mathematical calculation of a difference between other lines in an image.
Accordingly, the claim recites an abstract idea.
Step 2A Prong 2 Analysis: This judicial exception is not integrated into a practical application. particular, the claim recites the following additional element(s) –
“An information processing apparatus comprising a processor,
wherein the processor is configured to:
continuously acquire image information obtained by optically capturing a subject in a decubitus state on a bed; and”
The additional element of a processor - recited at a high level of generality (i.e. as a processor performing executing instructions stored, a memory storing instruction program, a computer to have computer components executing the instructions of the invention, a non-transitory computer readable medium performing storing instructions, etc.) such that it amounts to no more than mere instructions to apply the exception.
The additional elements also includes an insignificant “continuously acquire” step, which is merely insignificant extra-solution/post-solution activities of data gathering, data generating, data transmitting, etc.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim as a whole is directed to an abstract idea. Please see MPEP §2106.04.(d).III.C.
Step 2B Analysis: there are no additional elements, such as for these additional elements as indicated above, that amount to significantly more than the judicial exception. Please see MPEP §2106.05. The claim is directed to an abstract idea.
For all of the foregoing reasons, claim 1 does not comply with the requirements of 35 USC 101.
Accordingly, the dependent claims 2-7 do not provide elements that overcome the deficiencies of the independent claim 1. Moreover, claim 2 recites, in part, “perform control to display the second line in a case where the difference is equal to or less than the threshold value” which is a further step to be what the human mind, or by a human using pen and paper, can also perform through a mental process of observation and evaluation.
Claim 3 recites, in part, “the position of the second line is a position obtained by a moving average” which is a mathematical operation. Claim 4 recites, in part, “the position of the second line is a position obtained by an image indicated by a single piece of the image information in the most recent past” which is insignificant extra-solution activities of data gathering of acquiring data/information and generating data/information. Claim 5 recites, in part, “perform control using the difference in a case where a distance between the bed and a capturing apparatus that performs the optical capturing changes exceeding a predetermined distance due to movement of the bed, in a case where the bed is movable in an up-down direction and the capturing apparatus is fixed above the bed” which is merely a mathematical calculation to determine when a human can perform a mental process, such as observation and evaluation and is insignificant extra-solution activities of data gathering of acquiring data/information and generating data/information. Claim 6 recites, in part, “change the threshold value in accordance with the distance” which is insignificant extra-solution activities of data gathering of acquiring data/information and generating data/information. Claim 7 recites, in part, “a radiography apparatus controlled by the information processing apparatus” which is additional elements of generic computer/system and components recited at high level of generality to perform generic well-known functions.
Accordingly, the dependent claims 2-8 are not patent eligible under 101.
Regarding the independent claim 8:
Step 1 Analysis: Claim 8 is directed to a process, which falls within one of the four statutory categories.
Step 2A Prong 1 Analysis: Claim 8 recites, in part:
“performing control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.”
The limitations as drafted, are processes that, under broadest reasonable interpretation, covers the performance of the limitation in the mind which falls within the “Mental Processes” grouping of abstract ideas. The limitations of:
“performing control…predetermined threshold value” is a step, under BRI, to be what the human mind, or by a human using pen and paper, can also perform through a mental process of observation and evaluation such as, the human mind can observe some images and determine where to properly display a line on an image based on a mathematical calculation of a difference between other lines in an image.
Accordingly, the claim recites an abstract idea.
Step 2A Prong 2 Analysis: This judicial exception is not integrated into a practical application. particular, the claim recites the following additional element(s) –
“An information processing method causing a computer to execute:
continuously acquiring image information obtained by optically capturing a subject in a decubitus state on a bed”
The additional element of a computer - recited at a high level of generality (i.e. as a processor performing executing instructions stored, a memory storing instruction program, a computer to have computer components executing the instructions of the invention, a non-transitory computer readable medium performing storing instructions, etc.) such that it amounts to no more than mere instructions to apply the exception.
The additional elements also includes an insignificant “continuously acquiring” step, which is merely insignificant extra-solution/post-solution activities of data gathering, data generating, data transmitting, etc.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim as a whole is directed to an abstract idea. Please see MPEP §2106.04.(d).III.C.
Step 2B Analysis: there are no additional elements, such as for these additional elements as indicated above, that amount to significantly more than the judicial exception. Please see MPEP §2106.05. The claim is directed to an abstract idea.
For all of the foregoing reasons, claim 8 does not comply with the requirements of 35 USC 101.
Regarding the independent claim 9:
Step 1 Analysis: Claim 9 is directed to a process, which falls within one of the four statutory categories.
Step 2A Prong 1 Analysis: Claim 9 recites, in part:
“performing control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.”
The limitations as drafted, are processes that, under broadest reasonable interpretation, covers the performance of the limitation in the mind which falls within the “Mental Processes” grouping of abstract ideas. The limitations of:
“performing control…predetermined threshold value” is a step, under BRI, to be what the human mind, or by a human using pen and paper, can also perform through a mental process of observation and evaluation such as, the human mind can observe some images and determine where to properly display a line on an image based on a mathematical calculation of a difference between other lines in an image.
Accordingly, the claim recites an abstract idea.
Step 2A Prong 2 Analysis: This judicial exception is not integrated into a practical application. particular, the claim recites the following additional element(s) –
“A non-transitory computer-readable storage medium storing a program executable by a computer to execute a process comprising:
continuously acquiring image information obtained by optically capturing a subject in a decubitus state on a bed; and”
The additional elements of a non-transitory computer-readable storage medium and a computer - recited at a high level of generality (i.e. as a processor performing executing instructions stored, a memory storing instruction program, a computer to have computer components executing the instructions of the invention, a non-transitory computer readable medium performing storing instructions, etc.) such that they amount to no more than mere instructions to apply the exception.
The additional elements also includes an insignificant “continuously acquiring” step, which is merely insignificant extra-solution/post-solution activities of data gathering, data generating, data transmitting, etc.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim as a whole is directed to an abstract idea. Please see MPEP §2106.04.(d).III.C.
Step 2B Analysis: there are no additional elements, such as for these additional elements as indicated above, that amount to significantly more than the judicial exception. Please see MPEP §2106.05. The claim is directed to an abstract idea.
For all of the foregoing reasons, claim 9 does not comply with the requirements of 35 USC 101.
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.
Claims 1-2, 4, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 20220301166 A1), hereinafter referenced as LI, in view of SHAHRIARI SHOURABI et al. (US 20250120675 A1), hereinafter referenced as SHAHRIARI.
Regarding claim 1, LI explicitly teaches an information processing apparatus comprising a processor (Fig. 11, illustrates a main console with processor #1103. Paragraph [0093]-LI discloses the main console includes an internal bus 1101, a memory 1102, a processor 1103 and an external interface 1104, where the memory 1102, the processor 1103 and the external interface 1104 are connected via the internal bus 1101.),
wherein the processor is configured to (Fig. 11. Paragraph [0093]-LI discloses the processor 1103 is configured to read the machine readable instructions in the memory 1102 and execute the instructions to perform following operations.):
continuously acquire image information (Fig. 1. Paragraph [0035]-LI discloses the first camera 108 is disposed above the scan bed 102 to collect a video image of a subject on the scan bed 102 and send the video image of the subject to the main console 110 (wherein collecting a video image involves continuously acquiring a video stream of image information).) obtained by optically capturing a subject in a decubitus state on a bed (Fig. 2, illustrates a subject in a decubitus state on a bed. Paragraph [0035]-LI discloses the first camera 108 is disposed above the scan bed 102 to collect a video image of a subject on the scan bed 102 and send the video image of the subject to the main console 110.); and
perform control to display a first line (Fig. 5, illustrates displaying a first line (wherein the scan indication line #202 is the first line). Paragraph [0046]) in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time (Fig. 5. Paragraph [0046]-LI discloses a user (e.g., operation technician) can click a scan beginning point in a video image of the subject collected in real time based on a to-be-scanned part of the subject and the main console generates a scan indication line (e.g., the scan indication line 202 shown in FIG. 4, 5, or 7) passing through the scan beginning point based on the scan beginning point and takes the scan indication line as the scan beginning position for surview scan.)
Although LI explicitly teaches and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information,
LI fails to explicitly teach and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
However, SHAHRIARI explicitly teaches and a position of a second line (Fig. 8, #802 called second shape (wherein the second shape is formed by second lines). Paragraph [0072]) corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value (Fig. 8. Paragraph [0072]-SHAHRIARI discloses the automated analysis of cervical elastography may assign a background region of interest, displayed as a second shape 802. In one example, the background region of interest may be assigned, as above, based on proximity to the line 608 indicating the cervix position (wherein the second shape is formed by using multiple lines and the lines forming the second shape are second lines and wherein proximity to the line is the threshold value).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI of an information processing apparatus comprising a processor, wherein the processor is configured to: continuously acquire image information obtained by optically capturing a subject in a decubitus state on a bed; and perform control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of SHAHRIARI of and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
Wherein having LI’s medical image processing apparatus having and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and SHAHRIARI relate to analyzing medical images of a patient on a display, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while SHAHRIARI the approach reduces reliance on technician experience, and further, as a benefit to experts and less-experienced technicians, the approach reduces effort and time to perform cervical elastography. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and SHAHRIARI SHOURABI et al. (US 20250120675 A1), Paragraph [0021].
Regarding claim 2, LI in view of SHAHRIARI explicitly teach the information processing apparatus according to claim 1,
LI fails to explicitly teach wherein the processor is configured to perform control to display the second line in a case where the difference is equal to or less than the threshold value.
However, SHAHRIARI explicitly teaches wherein the processor is configured to perform control to display the second line in a case where the difference is equal to or less than the threshold value (Fig. 8. Paragraph [0072]-SHAHRIARI discloses the automated analysis of cervical elastography may assign a background region of interest, displayed as a second shape 802. In one example, the background region of interest may be assigned, as above, based on proximity to the line 608 indicating the cervix position (wherein proximity is the difference value and being within proximity to the line 608 is being less than or equal to a threshold value).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI of an information processing apparatus comprising a processor, wherein the processor is configured to: continuously acquire image information obtained by optically capturing a subject in a decubitus state on a bed; and perform control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of SHAHRIARI of wherein the processor is configured to perform control to display the second line in a case where the difference is equal to or less than the threshold value.
Wherein having LI’s medical image processing apparatus having wherein the processor is configured to perform control to display the second line in a case where the difference is equal to or less than the threshold value.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and SHAHRIARI relate to analyzing medical images of a patient on a display, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while SHAHRIARI the approach reduces reliance on technician experience, and further, as a benefit to experts and less-experienced technicians, the approach reduces effort and time to perform cervical elastography. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and SHAHRIARI SHOURABI et al. (US 20250120675 A1), Paragraph [0021].
Regarding claim 4, LI in view of SHAHRIARI explicitly teach the information processing apparatus according to claim 1,
LI fails to explicitly teach wherein the position of the second line is a position obtained by an image indicated by a single piece of the image information in the most recent past.
However, SHAHRIARI explicitly teaches wherein the position of the second line is a position obtained by an image indicated by a single piece of the image information in the most recent past (Fig. 8. Paragraph [0072]-SHAHRIARI discloses the automated analysis of cervical elastography may assign a background region of interest, displayed as a second shape 802. In one example, the background region of interest may be assigned, as above, based on proximity to the line 608 indicating the cervix position (wherein the line 608 is a single piece of image information).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI of an information processing apparatus comprising a processor, wherein the processor is configured to: continuously acquire image information obtained by optically capturing a subject in a decubitus state on a bed; and perform control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of SHAHRIARI of wherein the position of the second line is a position obtained by an image indicated by a single piece of the image information in the most recent past.
Wherein having LI’s medical image processing apparatus having wherein the position of the second line is a position obtained by an image indicated by a single piece of the image information in the most recent past.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and SHAHRIARI relate to analyzing medical images of a patient on a display, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while SHAHRIARI the approach reduces reliance on technician experience, and further, as a benefit to experts and less-experienced technicians, the approach reduces effort and time to perform cervical elastography. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and SHAHRIARI SHOURABI et al. (US 20250120675 A1), Paragraph [0021].
Regarding claim 7, LI in view of SHAHRIARI explicitly teach the information processing apparatus according to claim 1; and
LI further explicitly teaches a medical image capturing apparatus comprising (Fig. 2. Paragraph [0036]-LI discloses the scan bed 102 and the scan gantry 104 can be a scan bed and a scan gantry in a medical imaging system, e.g., a CT system or a Positron Emission Tomography Computed Tomography (PET-CT) system.):
a radiography apparatus (Fig. 2. Paragraph [0036]-LI discloses the scan bed 102 and the scan gantry 104 can be a scan bed and a scan gantry in a medical imaging system, e.g., a CT system or a Positron Emission Tomography Computed Tomography (PET-CT) system.) controlled by the information processing apparatus (Fig. 2. Paragraph [0003]-LI discloses the CT device is located in a scan room to perform CT scan for a subject and the main console is located in an operation room to control the CT device. Further in paragraph [0035]-LI discloses the scan gantry 104 is configured to control the scan bed 102 to move according to a control instruction of the main console 110.).
Regarding claim 8, LI explicitly teaches an information processing method causing a computer to execute (Fig. 11, illustrates a main console with processor #1103. Paragraph [0093]-LI discloses the main console includes an internal bus 1101, a memory 1102, a processor 1103 and an external interface 1104, where the memory 1102, the processor 1103 and the external interface 1104 are connected via the internal bus 1101. Further in paragraph [0093]-LI discloses the processor 1103 is configured to read the machine readable instructions in the memory 1102 and execute the instructions to perform following operations.):
continuously acquiring image information (Fig. 1. Paragraph [0035]-LI discloses the first camera 108 is disposed above the scan bed 102 to collect a video image of a subject on the scan bed 102 and send the video image of the subject to the main console 110 (wherein collecting a video image involves continuously acquiring a video stream of image information).) obtained by optically capturing a subject in a decubitus state on a bed (Fig. 2, illustrates a subject in a decubitus state on a bed. Paragraph [0035]-LI discloses the first camera 108 is disposed above the scan bed 102 to collect a video image of a subject on the scan bed 102 and send the video image of the subject to the main console 110.); and
performing control to display a first line (Fig. 5, illustrates displaying a first line (wherein the scan indication line #202 is the first line). Paragraph [0046]) in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time (Fig. 5. Paragraph [0046]-LI discloses a user (e.g., operation technician) can click a scan beginning point in a video image of the subject collected in real time based on a to-be-scanned part of the subject and the main console generates a scan indication line (e.g., the scan indication line 202 shown in FIG. 4, 5, or 7) passing through the scan beginning point based on the scan beginning point and takes the scan indication line as the scan beginning position for surview scan.)
Although LI explicitly teaches and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information,
LI fails to explicitly teach and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
However, SHAHRIARI explicitly teaches and a position of a second line (Fig. 8, #802 called second shape (wherein the second shape is formed by second lines). Paragraph [0072]) corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value (Fig. 8. Paragraph [0072]-SHAHRIARI discloses the automated analysis of cervical elastography may assign a background region of interest, displayed as a second shape 802. In one example, the background region of interest may be assigned, as above, based on proximity to the line 608 indicating the cervix position (wherein the second shape is formed by using multiple lines and the lines forming the second shape are second lines and wherein proximity to the line is the threshold value).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI of an information processing method causing a computer to execute: continuously acquiring image information obtained by optically capturing a subject in a decubitus state on a bed; and performing control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of SHAHRIARI of and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
Wherein having LI’s medical image processing apparatus having and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and SHAHRIARI relate to analyzing medical images of a patient on a display, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while SHAHRIARI the approach reduces reliance on technician experience, and further, as a benefit to experts and less-experienced technicians, the approach reduces effort and time to perform cervical elastography. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and SHAHRIARI SHOURABI et al. (US 20250120675 A1), Paragraph [0021].
Regarding claim 9, LI explicitly teaches a non-transitory computer-readable storage medium storing a program executable by a computer to execute a process comprising (Fig. 11. Paragraph [0093]-LI discloses the processor 1103 is configured to read the machine readable instructions in the memory 1102 and execute the instructions to perform following operations.):
continuously acquiring image information (Fig. 1. Paragraph [0035]-LI discloses the first camera 108 is disposed above the scan bed 102 to collect a video image of a subject on the scan bed 102 and send the video image of the subject to the main console 110 (wherein collecting a video image involves continuously acquiring a video stream of image information).) obtained by optically capturing a subject in a decubitus state on a bed (Fig. 2, illustrates a subject in a decubitus state on a bed. Paragraph [0035]-LI discloses the first camera 108 is disposed above the scan bed 102 to collect a video image of a subject on the scan bed 102 and send the video image of the subject to the main console 110.); and
performing control to display a first line (Fig. 5, illustrates displaying a first line (wherein the scan indication line #202 is the first line). Paragraph [0046]) in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time (Fig. 5. Paragraph [0046]-LI discloses a user (e.g., operation technician) can click a scan beginning point in a video image of the subject collected in real time based on a to-be-scanned part of the subject and the main console generates a scan indication line (e.g., the scan indication line 202 shown in FIG. 4, 5, or 7) passing through the scan beginning point based on the scan beginning point and takes the scan indication line as the scan beginning position for surview scan.)
Although LI explicitly teaches and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information,
LI fails to explicitly teach and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
However, SHAHRIARI explicitly teaches and a position of a second line (Fig. 8, #802 called second shape (wherein the second shape is formed by second lines). Paragraph [0072]) corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value (Fig. 8. Paragraph [0072]-SHAHRIARI discloses the automated analysis of cervical elastography may assign a background region of interest, displayed as a second shape 802. In one example, the background region of interest may be assigned, as above, based on proximity to the line 608 indicating the cervix position (wherein the second shape is formed by using multiple lines and the lines forming the second shape are second lines and wherein proximity to the line is the threshold value).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI of a non-transitory computer-readable storage medium storing a program executable by a computer to execute a process comprising: continuously acquiring image information obtained by optically capturing a subject in a decubitus state on a bed; and performing control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of SHAHRIARI of and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
Wherein having LI’s medical image processing apparatus having and a position of a second line corresponding to a position of the predetermined part of the subject in an image indicated by the image information in a most recent past exceeds a predetermined threshold value.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and SHAHRIARI relate to analyzing medical images of a patient on a display, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while SHAHRIARI the approach reduces reliance on technician experience, and further, as a benefit to experts and less-experienced technicians, the approach reduces effort and time to perform cervical elastography. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and SHAHRIARI SHOURABI et al. (US 20250120675 A1), Paragraph [0021].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 20220301166 A1), hereinafter referenced as LI, in view of SHAHRIARI SHOURABI et al. (US 20250120675 A1), hereinafter referenced as SHAHRIARI, and further in view of SAKAMOTO et al. (US 20230021992 A1), hereinafter referenced as SAKAMOTO.
Regarding claim 3, LI in view of SHAHRIARI explicitly teach the information processing apparatus according to claim 1,
LI in view of SHAHRIARI fail to explicitly teach wherein the position of the second line is a position obtained by a moving average using images indicated by a plurality of pieces of the image information in the most recent past.
However, SAKAMOTO explicitly teaches wherein the position of the second line is a position obtained by a moving average using images indicated by a plurality of pieces of the image information in the most recent past (Fig. 11 and 12. Paragraph [0104]-SAKAMOTO discloses as illustrated in FIG. 11, when the calculation results of the centroid positions are viewed as a time function, it can be seen that an influence of pulsation is large. Therefore, in the present embodiment, the control unit 41 of the image processing device 11 smooths the calculation results of the centroid positions by using moving average as indicated by a broken line in FIG. 12 (wherein the centroid positions are piece of the image information and the position of the second line is the broken line in Fig. 12).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI in view of SHAHRIARI of an information processing apparatus comprising a processor, wherein the processor is configured to: continuously acquire image information obtained by optically capturing a subject in a decubitus state on a bed; and perform control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of SAKAMOTO of wherein the position of the second line is a position obtained by a moving average using images indicated by a plurality of pieces of the image information in the most recent past.
Wherein having LI’s medical image processing apparatus having wherein the position of the second line is a position obtained by a moving average using images indicated by a plurality of pieces of the image information in the most recent past.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and SAKAMOTO relate to analyzing medical images of a patient on a display, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while SAKAMOTO the influence of the pulsation on the calculation results of the centroid positions can be reduced. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and SAKAMOTO et al. (US 20230021992 A1), Paragraph [0123].
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 20220301166 A1), hereinafter referenced as LI, in view of SHAHRIARI SHOURABI et al. (US 20250120675 A1), hereinafter referenced as SHAHRIARI, and further in and DU et al. (US 20250213208 A1), hereinafter referenced as DU, and further in view of TAKEMOTO (US 20210077054 A1), hereinafter referenced as TAKEMOTO.
Regarding claim 5, LI in view of SHAHRIARI explicitly teach the information processing apparatus according to claim 1,
LI in view of SHAHRIARI fail to explicitly teach wherein the processor is configured to perform control using the difference in a case where a distance between the bed and a capturing apparatus that performs the optical capturing changes exceeding a predetermined distance due to movement of the bed.
However, DU explicitly teaches wherein the processor is configured to perform control using the difference in a case where a distance between the bed and a capturing apparatus that performs the optical capturing changes exceeding a predetermined distance due to movement of the bed (Fig. 2. Paragraph [0152]-DU discloses during movement of the target medical bed, the controller outputs an alarm prompt signal when a distance between the target medical bed and a first object is less than a first distance threshold. Further in paragraph [0152]-DU discloses the first object includes a medical device within the medical room, a wall, the shielding door, the imaging device (e.g., the movable imaging component and/or the base), the medical worker, or the like (wherein exceeding a predetermined distance occurs when the distance is less than a first distance threshold).),
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI in view of SHAHRIARI of an information processing apparatus comprising a processor, wherein the processor is configured to: continuously acquire image information obtained by optically capturing a subject in a decubitus state on a bed; and perform control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of DU of wherein the processor is configured to perform control using the difference in a case where a distance between the bed and a capturing apparatus that performs the optical capturing changes exceeding a predetermined distance due to movement of the bed.
Wherein having LI’s medical image processing apparatus having wherein the processor is configured to perform control using the difference in a case where a distance between the bed and a capturing apparatus that performs the optical capturing changes exceeding a predetermined distance due to movement of the bed.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and DU relate to obtaining scan data of a patient on a moveable patient table, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while DU there is a need to provide a medical system and method in order to increase the utilization of imaging device and reduce the equipment cost. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and DU et al. (US 20250213208 A1), Paragraph [0004].
LI in view of SHAHRIARI and further in view of DU fail to explicitly teach in a case where the bed is movable in an up-down direction and the capturing apparatus is fixed above the bed.
However, TAKEMOTO explicitly teaches in a case where the bed is movable in an up-down direction (Fig. 9. Paragraph [0073]-TAKEMOTO discloses the table height is adjusted. As shown in FIGS. 9(a), (b) and (c), as the maximum width of the X-ray irradiated to a patient 901 differs in accordance with height of the table 105, the magnification of the patient 901 within a positioning image 902 (hereinbelow, image magnification) differs. When the X-ray tube 101 is on the upper side of the table, the image magnification is lower as the table 105 is lower as shown in the figure (b), while as the table is higher as shown in the figure (c), the image magnification is higher (wherein the table is a bed).) and the capturing apparatus is fixed above the bed (Fig. 9, illustrates the capturing apparatus fixed above a bed. Paragraph [0073]-TAKEMOTO discloses when the X-ray tube 101 is on the upper side of the table, the image magnification is lower as the table 105 is lower as shown in the figure (b), while as the table is higher as shown in the figure (c), the image magnification is higher. Further in paragraph [0040]-TAKEMOTO discloses an X-ray CT apparatus 1 is provided with a scan gantry part 100 and a console 120. The scan gantry part 100 is provided with an X-ray tube 101, a rotary disc 102, a collimator 103, an X-ray detector 106, a data collection device 107, a table 105, a gantry control device 108, a table control device 109, and an X-ray control device 110. Further in paragraph [0042]-TAKEMOTO discloses the console 120 is provided with an input device 121, an image arithmetic device 122, a display device 125, a storage device 123, and a system control device 124 (wherein the X-ray CT apparatus is the capturing apparatus).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI in view of SHAHRIARI and further in view of DU of an information processing apparatus comprising a processor, wherein the processor is configured to: continuously acquire image information obtained by optically capturing a subject in a decubitus state on a bed; and perform control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of TAKEMOTO of in a case where the bed is movable in an up-down direction and the capturing apparatus is fixed above the bed.
Wherein having LI’s medical image processing apparatus having in a case where the bed is movable in an up-down direction and the capturing apparatus is fixed above the bed.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and TAKEMOTO relate to obtaining scan data of a patient on a moveable patient table, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while TAKEMOTO it is possible to improve the operator's labor and inaccuracy upon scan range setting, in correspondence with scan range reference which differs by hospital or operator. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and TAKEMOTO (US 20210077054 A1), Paragraph [0012].
Regarding claim 6, LI in view of SHAHRIARI and further in view of DU and further in view of TAKEMOTO explicitly teach the information processing apparatus according to claim 5,
LI in view of SHAHRIARI and further in view of DU fail to explicitly teach wherein the processor is configured to change the threshold value in accordance with the distance.
However, TAKEMOTO explicitly teaches wherein the processor is configured to change the threshold value in accordance with the distance (Fig. 9. Paragraph [0073]-TAKEMOTO discloses it is necessary to adjust the margin values in correspondence with height of the table 105 (wherein the margin values are the threshold value).).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to combine the teachings of LI in view of SHAHRIARI and further in view of DU of an information processing apparatus comprising a processor, wherein the processor is configured to: continuously acquire image information obtained by optically capturing a subject in a decubitus state on a bed; and perform control to display a first line in a case where a difference between a position of the first line corresponding to a position of a predetermined part of the subject in an image indicated by the image information at a current point in time with the teachings of TAKEMOTO of wherein the processor is configured to change the threshold value in accordance with the distance.
Wherein having LI’s medical image processing apparatus having wherein the processor is configured to change the threshold value in accordance with the distance.
The motivation behind the modification would have been to obtain a medical image processing apparatus that enhances the efficiency of the work of the operation technician and reduces the operation technicians physical interactions with a patient. Since both LI and TAKEMOTO relate to obtaining scan data of a patient on a moveable patient table, wherein LI it is highly desirable that an operation technical can complete an entire scan process in an operation room without entering a scan room to be in direct contact with the subject, thereby reducing the risk to the health of the operation technician, while TAKEMOTO it is possible to improve the operator's labor and inaccuracy upon scan range setting, in correspondence with scan range reference which differs by hospital or operator. Please see LI et al. (US 20220301166 A1), Paragraph [0034], and TAKEMOTO (US 20210077054 A1), Paragraph [0012].
Conclusion
Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant’s disclosure.
KUANG et al. (US 20200226904 A1) - A patient monitoring method and apparatus for a medical imaging device are provided, which subject an examination subject positioned in the medical imaging device to real-time image capture. Two images are sampled spaced apart by a specified time and captured by a camera, and a difference is calculated to obtain a difference image matrix. The difference image matrix is used to determine whether the examination subject has moved using a predetermined threshold. A display presents an image captured by the camera in a pop-up window when it is determined that the examination subject has moved such that a medical imaging scan operating interface and the image captured by the camera are presented together. The display only presents the medical imaging scan operating interface (not an image captured by the camera) when it is determined that the examination subject has not moved…Abstract, Fig. 1.
WALLE-JENSEN et al. (US 20170124768 A1) – Methods and systems for alignment of a subject for medical imaging are disclosed, and involve providing a reference image of an anatomical region of the subject, the anatomical region comprising a target tissue, processing the reference image to generate an alignment reference image, displaying the alignment reference image concurrently with real-time video of the anatomical region, and aligning the real-time video with the alignment reference image to overlay the real-time video with the alignment reference image. Following such alignment, the subject may be imaged using, for example, fluorescence imaging, wherein the fluorescence imaging may be performed by an image acquisition assembly aligned in accordance with the alignment…Abstract, Fig. 2.
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/ETHAN N WOLFSON/Examiner, Art Unit 2673
/CHINEYERE WILLS-BURNS/Supervisory Patent Examiner, Art Unit 2673
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