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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/24/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-11 and 29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 9 and 29, the dimensions of the claimed ranges are unclear, since there is nothing in the claim to indicate relation to what this claimed degrees are provided. Rule against indefiniteness is not only a technical one, but is to protect public and keep patentee from taking an advantage to which he is not entitled.
Claims 10 and 11 are rejected by virtue of their dependence.
Claim Objections
Claims 1, 16 and 29 are objected to because of the following informalities: Claim 1, in line 7, the recitation “the x-ray_source” should read as “the x-ray source”. Claim 16, in line 2, the recitation “two-dimensional_x-ray images” should read as “two-dimensional x-ray images”. Claim 29, in line 7, the recitation “about_330° to 30°” should read as “about 330° to 30°”.
Appropriate correction is required and respectfully requested.
Claim Rejections - 35 USC § 102
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 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)(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 1-17, 19 and 21-31 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Butani et al. (US Patent 11,020,066 B2).
With respect to claim 1, Butani et al. teaches a cabinet x-ray system for of obtaining specimen x-ray images, projection x-ray images, and reconstructed tomosynthetic x-ray images of a specimen (18), the system comprising (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41):
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a moveable cabinet (22; 422) defining a walled enclosure surrounding an interior chamber and a door (22; 424) configured to cover the interior chamber; an x-ray source (10), a flat panel digital x-ray detector (20) (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41),
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a specimen platform (19) which is a protective cover of and in physical contact with the flat panel digital x-ray detector (20), and a motion control mechanism configured for moving the x-ray source (10) to or along a plurality of positions within the interior chamber relative to the specimen (18) disposed on the specimen platform (column 15, lines 52-56); a controller (470) configured to: selectively energize the x-ray source (10) to emit x-rays through the specimen to the flat panel digital x-ray detector (20) at selected positions of the x-ray source relative to the specimen such that an isocenter of the emitted x-rays at the selected positions is located at the flat panel digital x-ray detector surface, wherein the controller (470) is further configured to: control the flat panel digital x-ray detector (20) to collect projection x-ray images of the specimen when the x-ray source (10) is energized at the selected positions, wherein at least one of the projection x-ray images is a two-dimensional x-ray image taken at an imaging angle of about 0° (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41);
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create a tomosynthetic x-ray image reconstructed from a collection of the projection x-ray images; process the collection of the projection x-ray images in the controller into one or more reconstructed tomosynthetic x-ray images representing a volume of the specimen and relating to one or more image planes that are selectively the same or different from that of the at least one two-dimensional x-ray image (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41); and selectively display the at least one two-dimensional x-ray image and the one or more reconstructed tomosynthetic x-ray images (column 16, lines 1-8).
With respect to claim 2, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the moveable cabinet comprises a sampling chamber (28) within the interior chamber for containing the specimen (18) (see column 10, lines 30-32).
With respect to claim 3, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the specimen platform is configured to hold excised tissue, organ or bone specimens (see claim 3).
With respect to claim 4, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the specimen platform is configured to hold any organic or inorganic specimen that fits inside the interior chamber (see claim 4).
With respect to claim 5, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the controller (470) is mounted in the moveable cabinet (Fig. 4; column 11, lines 9-19).
With respect to claim 6, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the x-ray source is a moveable x-ray source (10), the cabinet x-ray system including a device to move or position the x-ray source within the moveable cabinet (22) (column 8, lines 13-17).
With respect to claim 7, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the motion control mechanism is configured to move the x-ray source (10) along a path substantially defining an arc (column 8, lines 13-17).
With respect to claim 8, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the flat panel digital x-ray detector (20) is in a stationary or fixed position within the moveable cabinet (column 9, lines 36 and 37).
With respect to claim 9, as best understood by examiner, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the motion control mechanism is configured to move the x-ray source along an arc-shaped path in a range from about 330° to 30° or from about 320° to 40° or vice versa or a maximum of about 335° to 25° or vice versa (column 8, lines 32-43).
With respect to claim 10, Butani et al. teaches the cabinet x-ray system of claim 9 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the motion control mechanism is configured to move the x-ray source from back to front or front to back in the moveable cabinet (column 9, lines 50-54).
With respect to claim 11, Butani et al. teaches the cabinet x-ray system of claim 9 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the motion control mechanism is configured to move the x-ray source from side to side within the movable cabinet such that a spread of the x-ray beam along the path is within a spread of the x-ray beam when the x-ray source is at an imaging angle of about 0° (Fig. 2; column 7, line 63 – column 8, line 12).
With respect to claim 12, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the x-ray source is a minimum 50 kVp and 1000 μa X-ray source (column 9, lines 24-26).
With respect to claim 13, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the x-ray source is a micro-focus X-ray source (column 16, lines 14 and 15).
With respect to claim 14, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the flat panel digital x-ray detector comprises an Amorphous Selenium (a-Se) x-ray detector or a CMOS x-ray detector (column 8, lines 4-8).
With respect to claim 15, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the flat panel digital x-ray detector comprises any size that may fit within said cabinet (column 10, lines 8-12).
With respect to claim 16, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the controller is configured to supply two-dimensional x-ray images (column 11, lines 64-67).
With respect to claim 17, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the controller is configured to interpolate the projection x-ray images gathered and calculate a tomosynthetic x-ray image (column 11, lines 64-67).
With respect to claim 19, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the controller is configured to reconstruct three-dimensional tomosynthetic x-ray images from two-dimensional projection x-ray images in real-time and on-demand (column 11, lines 64-67).
With respect to claim 21, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the specimen platform is configured for a breast specimen of a person (column 7, lines 34-36).
With respect to claim 22, Butani et al. teaches a method for obtaining x-ray images of a specimen (18) in a cabinet x-ray system, processing and displaying a two-dimensional x-ray specimen radiography image and projection x-ray images of the specimen (18), wherein the cabinet x-ray system comprising (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41): a moveable cabinet (22; 422) defining a walled enclosure surrounding an interior chamber and a door configured to cover the interior chamber; an x-ray source (10), a flat panel digital x-ray detector (20), a specimen platform (19) which is a protective cover of and in physical contact with the flat panel digital x-ray detector (20) (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), and a motion control mechanism configured for moving the x-ray source (10) to or along a plurality of positions within the interior chamber relative to the specimen disposed on the specimen platform (19); and a controller (470) configured to selectively energize the x-ray source (10) to emit x-rays through the specimen to the flat panel digital x-ray detector (20) at selected positions of the x-ray source relative to the specimen, wherein the method comprises: controlling the flat panel digital x-ray detector (20) to collect projection x-ray images of the specimen (18) when the x-ray source (10) is energized at the selected positions such that an isocenter of the emitted x-rays at the selected positions is located at the detector surface, wherein at least one of the projection x-ray images is a two-dimensional x-ray image taken at an imaging angle of about 0° (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41); creating a tomosynthetic x-ray image reconstructed from a collection of the projection x-ray images; processing the collection of the projection x-ray images in the controller into one or more reconstructed tomosynthetic x-ray images representing a volume of the specimen (18) and relating to one or more image planes that are selectively the same or different from that of the at least one two-dimensional x-ray image; and selectively displaying the at least one two-dimensional x-ray image and the one or more reconstructed tomosynthetic x-ray images (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41).
With respect to claim 23, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), comprising concurrently displaying both the two-dimensional x-ray image and the one or more reconstructed tomosynthetic x-ray images (see claim 1).
With respect to claim 24, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the specimen comprises excised tissue, organ or bone specimen (see claim 3).
With respect to claim 25, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the specimen comprises organic or inorganic specimens that are suitably sized to fit within the interior chamber of the cabinet (see claim 4).
With respect to claim 26, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the controller is mounted in the movable cabinet of the cabinet x-ray system (column 11, lines 9-19).
With respect to claim 27, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), comprising using the controller to move the x-ray source to a plurality of positions within the moveable cabinet along a path defining an arc (column 8, lines 13-17).
With respect to claim 28, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), comprising maintaining the flat panel digital x-ray detector in a stationary or fixed position within the moveable cabinet, while moving the x-ray source to one or more positions within the moveable cabinet (column 8, lines 32-43).
With respect to claim 29, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), comprising moving the x-ray source along a path within the moveable cabinet, where the x-ray source is moved on the path along a range from about 330° to 30° (column 8, lines 32-43).
With respect to claim 30, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), comprising moving the x-ray source within the moveable cabinet from back to front or front to back (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41).
With respect to claim 31, Butani et al. teaches the method of claim 22 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), comprising moving the x-ray source within the moveable cabinet from side to side along a path such that a spread of the x-ray beam along the path is within a spread of the x-ray beam when the x-ray source is at an imaging angle of about 0° (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41).
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.
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Butani et al. (US Patent 11,020,066 B2) as applied to claim 1 above, and further in view of Butani et al. (US Patent 10,837,921 B2; hereafter Butani’921).
With respect to claim 18, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the controller (470) comprises one or more processors and computer readable program code or non-transitory machine-readable instructions,
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which when executed by the one or more processors of the controller (470), compiles data received from detector (20) (Fig.4; column 10, lines 1-4) but fails to explicitly mention configured to provide built-in filters allowing higher in-plane resolution and image quality of the one or more reconstructed tomosynthetic x-ray images during magnification.
Butani’921 discloses a system/method for x-ray cabinet system for obtaining specimen X-ray images (see abstract; Fig. 7a; column. 10, line 50 - column 11, line 13)
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which explicitly teaches to provide built-in filters allowing higher in-plane resolution and image quality of the one or more reconstructed tomosynthetic x-ray images during magnification, since such a modification would allow user with greater flexibility and improved visibility of the image (see Fig. 7a; column. 10, line 50 - column 11, line 13).
Butani et al. and Butani’921 disclose similar methods/apparatuses for obtaining specimen X-ray images.
It 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 to provide teachings of built-in filters allowing higher in-plane resolution and image quality of the one or more reconstructed tomosynthetic x-ray images during magnification as suggested by Butani’921 in the apparatus of Butani et al., since such a modification would provide user with the greater flexibility and improved visibility of the image.
With respect to claim 20, Butani et al. teaches the cabinet x-ray system of claim 1 (see abstract; Figs. 1-10C; column 5, line 4 – column 6, line 40; column 7, line 34 – column 15, line 41), wherein the controller is configured to deliver real-time three-dimensional image reconstruction of tomosynthetic x-ray images in real time and on-demand (see column 22, lines 64-67) but fail to explicitly mention that the controller includes graphic processor unit (GPU) technology and is configured to deliver real-time three-dimensional image reconstruction of tomosynthetic x-ray images by utilizing the graphic processor unit (GPU) technology.
Butani’921 discloses a system/method for x-ray cabinet system for obtaining specimen X-ray images (see abstract; Fig. 7a; column. 10, line 50 - column 11, line 13) which explicitly teaches that the controller includes graphic processor unit (GPU) technology and is configured to deliver real-time three-dimensional image reconstruction of tomosynthetic x-ray images by utilizing the graphic processor unit (GPU) technology since such a modification would allow user with greater flexibility and improved visibility of the image (see Fig. 7a; column. 10, line 50 - column 11, line 13).
Butani et al. and Butani’921 disclose similar methods/apparatuses for obtaining specimen X-ray images.
It 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 to provide teachings of the graphic processor unit (GPU) technology in order to deliver real-time three-dimensional image reconstruction of tomosynthetic x-ray images by utilizing the graphic processor unit (GPU) technology as suggested by Butani’921 in the apparatus of Butani et al., since such a modification would provide user with the greater flexibility and improved visibility of the image.
It would have been obvious to treat Butani et al. and Butani et al. as related art whereby an improvement on one of the systems/methods would readily be apparent as an improvement on either of the systems.
The Examiner’s conclusion that claims 18 and 20 would have been obvious is based on the fact that all the claimed elements were known in the prior art, that one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and that the combination teaches nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. 398, 82 USPQ2d at 1385 (2007); Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson ’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atlantic & P. Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu et al. (US Patent 7,356,113 B2; see abstract; Figs. 1-11C; column 4, line 40 – column 7, line 35), Li et al. (US Patent 7,515,682 B2; see abstract; Figs. 1-7; column 3, line 13 – column 6, line 45) and DeFreitas et al. (US Patent 7,831,296 B2; see abstract; Figs. 1-8; column 4, line 10 – column 7, line 50) teach the verity of systems for three-dimensional tomosynthesis imaging of a target element including an image acquisition element and a processor; wherein the image acquisition element obtains a plurality of images of the target element from a plurality of angles and includes a radiation source that is positionable at a plurality of angles with respect to the target element and a radiation detector; wherein the radiation detector is positioned so as to detect radiation emitted by the radiation source passing through the target element and determine a plurality of attenuation values for radiation passing through the target element to establish a radiation absorbance projection image of the target element for a particular radiation source angle and the processor that is configured to apply an iterative reconstruction algorithm to the radiation absorbance projection images of the target element obtained from a plurality of radiation source angles to generate a three-dimensional reconstruction of the target element.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRAKLI KIKNADZE whose telephone number is (571)272-6494. The examiner can normally be reached 9:00 AM - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David J. 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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Irakli Kiknadze
/IRAKLI KIKNADZE/
Primary Examiner, Art Unit 2884
/I.K./ August 7, 2026
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