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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (U.S. PG-PUB NO. 2023/0153970) in view of D2 (U.S. PATENT NO. 5809104).
-Regarding claim 1, D1 discloses a radiation image processing device comprising: at least one processor, wherein the processor is configured to (FIG. 1): acquire first to (n - 1)th radiation images acquired by imaging a subject, which includes a first component consisting of a plurality of compositions, with n - 1 types of radiation having different energy distributions (obtaining unit 131 obtains a plurality of radiation images corresponding to a plurality of different radiation energies obtained by irradiating an object with radiation and performing imaging, [0033]; assume that the soft tissue is a mixture of water and fat, [0131]); derive a characteristic of the first component in at least a region of the subject in the first to (n - 1)th radiation images (The signal processing unit 133 estimates, as the attenuation information, the linear attenuation coefficient of the first material (for example, the soft tissue) at the energy of radiation, [0137]); the characteristic of the first component, and the first to (n - 1)th radiation images (performs energy subtraction processing using the plurality of attenuation rate images (H, L) and the attenuation information (the linear attenuation coefficient of the first material), thereby generating images decomposed into the image of the thickness of the first material (soft tissue image S) and the image of the thickness of the second material (bone image B), [0121]); and derive first to nth component images in which the first to nth components are enhanced, respectively (generate the image of material 1 or the image of material 2 using the estimated attenuation coefficient of the first material and a predetermined attenuation coefficient of the second material, [0151]).
D1 is silent to teaching that (n
≥
3); and second to nth components each consisting of a single composition; acquire a body thickness of the subject; derive thicknesses of the first to nth components by using the body thickness; based on the thicknesses of the first to nth components. However, the claimed limitation is well known in the art as evidenced by D2.
In the same field of endeavor, D2 teaches (n
≥
3) and second to nth components each consisting of a single composition (The object or body part to be measured substantially consists of three components: bone mineral (in the form of hydroxyapatite Ca10 (PO4)6 (OH)2), fat and water, col. 4 liens 29-33); acquire a body thickness of the subject (the distance measuring devices 5 are arranged on each side of the body part 6 to be measured and the distance from each side of the X-rayed object 6 can be determined by means of these devices 5. The thickness of the object can thus be calculated, col. 4 lines 11-28); derive thicknesses of the first to nth components by using the body thickness (thicknesses of the different components can therefore be calculated from the different equations for each element of the detector matrix, col. 5 lines 5-10); based on the thicknesses of the first to nth components (A representation of the bone mineral content of the body part to be measured can be produced from the result from each of these elements, col. 5 lines 5-10).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of D1 with the teaching of D2 in order to provide the additional independent measurement needed to resolve and generate images of a third (single-composition) component.
-Regarding claim 2, the combination further discloses wherein the processor is configured to acquire the body thickness by deriving the body thickness of the subject based on at least one of the first to (n - 1)th radiation images (D1, the signal processing unit 133 obtains an image of the effective atomic number Z and an image of the surface density D from the attenuation rate image L at low energy and the attenuation rate image H at high energy,, [0077]).
-Regarding claim 3, the combination further discloses wherein the processor is configured to derive an attenuation coefficient of the first component as the characteristic of the first component (D1, signal processing unit 133 estimates, as the attenuation information, the linear attenuation coefficient of the first material (for example, the soft tissue) at the energy of radiation, [0137]).
-Regarding claim 4, the combination further discloses wherein the processor is configured to derive an attenuation coefficient of the first component as the characteristic of the first component (D1, signal processing unit 133 estimates, as the attenuation information, the linear attenuation coefficient of the first material (for example, the soft tissue) at the energy of radiation, [0137]).
-Regarding claim 5, the combination further discloses wherein the processor is configured to derive the attenuation coefficient of the first component as the characteristic of the first component based on information related to an attenuation coefficient of the radiation of each of the plurality of compositions included in the first component and a thickness of each of the plurality of compositions (D1, the signal processing unit 133 estimates the linear attenuation coefficient of the first material using the linear attenuation coefficient of the third material (for example, water), the density of the third material, the linear attenuation coefficient of the fourth material (for example, fat), and the density of the fourth material, [0137]; estimates the attenuation information of the first material (for example, the linear attenuation coefficient μS(E) of the soft tissue) from ratio information (for example, the ratio α of the third material contained in the first material=W/(W+A)) obtained by averaging the pixel values of a plurality of pixels in the image of the thickness of the third material (for example, the water image W) and the image of the thickness of the fourth material (for example, the fat image A), [0162]).
-Regarding claim 6, the combination further discloses wherein the processor is configured to derive the attenuation coefficient of the first component as the characteristic of the first component based on information related to an attenuation coefficient of the radiation of each of the plurality of compositions included in the first component and a thickness of each of the plurality of compositions (D1, the signal processing unit 133 estimates the linear attenuation coefficient of the first material using the linear attenuation coefficient of the third material (for example, water), the density of the third material, the linear attenuation coefficient of the fourth material (for example, fat), and the density of the fourth material, [0137]; estimates the attenuation information of the first material (for example, the linear attenuation coefficient μS(E) of the soft tissue) from ratio information (for example, the ratio α of the third material contained in the first material=W/(W+A)) obtained by averaging the pixel values of a plurality of pixels in the image of the thickness of the third material (for example, the water image W) and the image of the thickness of the fourth material (for example, the fat image A), [0162]).
-Regarding claims 7-9, the combination further discloses wherein the processor is configured to: acquire a first radiation image and a second radiation image that are acquired by imaging the subject with two types of radiation having different energy components (D1, low energy X-rays 401 and high energy X-rays 402, [0052]); derive the characteristic of the first component in at least a region of the subject in the first radiation image or the second radiation image (D1, The signal processing unit 133 estimates, as the attenuation information, the linear attenuation coefficient of the first material (for example, the soft tissue) at the energy of radiation, [0137]); derive the body thickness of the subject based on at least one of the first radiation image or the second radiation image (D2, The thickness of the object can thus be calculated, col. 4 lines 11-28); derive thicknesses of the first component, a second component, and a third component of the subject by using the body thickness, the characteristic of the first component, the first radiation image, and the second radiation image (D1, performs energy subtraction processing using the plurality of attenuation rate images (H, L) and the attenuation information (the linear attenuation coefficient of the first material), thereby generating images decomposed into the image of the thickness of the first material (soft tissue image S) and the image of the thickness of the second material (bone image B), [0121]; D2, (18) T=tb +ts +tf (3), col. 4 line 55); and derive a first component image, a second component image, and a third component image in which the first component, the second component, and the third component are enhanced, respectively, based on the thicknesses of the first component, the second component, and the third component (D1, the bone thickness image B and the soft tissue thickness image S can be obtained from the attenuation rate image L at low energy and the attenuation rate image H at high energy, [0074]; the information of the contrast agent that is the third material appears in the bone live image BL, [0110]; D2, representation of the bone mineral content of the body part to be measured can be produced from the result from each of these elements, col. 5 lines 5-10).
-Regarding claims 10-12, the combination further discloses wherein the processor is configured to: acquire a first radiation image and a second radiation image that are acquired by imaging the subject with two types of radiation having different energy components (D1, low energy X-rays 401 and high energy X-rays 402, [0052]); derive the characteristic of the first component in at least a region of the subject in the first radiation image or the second radiation image; derive the body thickness of the subject based on at least one of the first radiation image or the second radiation image (D1, The signal processing unit 133 estimates, as the attenuation information, the linear attenuation coefficient of the first material (for example, the soft tissue) at the energy of radiation, [0137]); derive thicknesses of the first component, a second component, and a third component of the subject by using the body thickness, the characteristic of the first component, the first radiation image, and the second radiation image (D1, performs energy subtraction processing using the plurality of attenuation rate images (H, L) and the attenuation information (the linear attenuation coefficient of the first material), thereby generating images decomposed into the image of the thickness of the first material (soft tissue image S) and the image of the thickness of the second material (bone image B), [0121]; D2, (18) T=tb +ts +tf (3), col. 4 line 55); and derive a first component image, a second component image, and a third component image in which the first component, the second component, and the third component are enhanced, respectively, based on the thicknesses of the first component, the second component, and the third component (D1, the bone thickness image B and the soft tissue thickness image S can be obtained from the attenuation rate image L at low energy and the attenuation rate image H at high energy, [0074]; the information of the contrast agent that is the third material appears in the bone live image BL, [0110]; D2, representation of the bone mineral content of the body part to be measured can be produced from the result from each of these elements, col. 5 lines 5-10).
-Regarding claim 13, the combination further discloses wherein the first component, the second component, and the third component are a soft part and a bone part of the subject and an artificial object in the subject, respectively (D1, the first material included in the object is, for example, a soft tissue, and the second material is, for example, a bone, [0033]).
-Regarding claim 14, the combination further discloses wherein the compositions of the first component are fat and muscle (D1, the effective atomic number of muscle is 7.45 and is larger than the effective atomic number of water, 7.42. If the ratio α of water contained in the soft tissue is calculated in this situation using the method shown in FIG. 16, α>1, and the ratio of fat contained in the soft tissue is (1−α)<0, [0147]).
-Regarding claim 15, D1 discloses a radiation image processing method executed by a computer (FIG. 1), the radiation image processing method comprising: acquiring first to (n - 1)th radiation images acquired by imaging a subject, which includes a first component consisting of a plurality of compositions, with n - 1 types of radiation having different energy distributions (obtaining unit 131 obtains a plurality of radiation images corresponding to a plurality of different radiation energies obtained by irradiating an object with radiation and performing imaging, [0033]; assume that the soft tissue is a mixture of water and fat, [0131]); deriving a characteristic of the first component in at least a region of the subject in the first to (n - 1)th radiation images (The signal processing unit 133 estimates, as the attenuation information, the linear attenuation coefficient of the first material (for example, the soft tissue) at the energy of radiation, [0137]); the characteristic of the first component, and the first to (n - 1)th radiation images (performs energy subtraction processing using the plurality of attenuation rate images (H, L) and the attenuation information (the linear attenuation coefficient of the first material), thereby generating images decomposed into the image of the thickness of the first material (soft tissue image S) and the image of the thickness of the second material (bone image B), [0121]); and deriving first to nth component images in which the first to nth components are enhanced, respectively (generate the image of material 1 or the image of material 2 using the estimated attenuation coefficient of the first material and a predetermined attenuation coefficient of the second material, [0151]).
D1 is silent to teaching that (n
≥
3); and second to nth components each consisting of a single composition; acquire a body thickness of the subject; derive thicknesses of the first to nth components by using the body thickness; based on the thicknesses of the first to nth components. However, the claimed limitation is well known in the art as evidenced by D2.
In the same field of endeavor, D2 teaches (n
≥
3) and second to nth components each consisting of a single composition (The object or body part to be measured substantially consists of three components: bone mineral (in the form of hydroxyapatite Ca10 (PO4)6 (OH)2), fat and water, col. 4 liens 29-33); acquire a body thickness of the subject (the distance measuring devices 5 are arranged on each side of the body part 6 to be measured and the distance from each side of the X-rayed object 6 can be determined by means of these devices 5. The thickness of the object can thus be calculated, col. 4 lines 11-28); derive thicknesses of the first to nth components by using the body thickness (thicknesses of the different components can therefore be calculated from the different equations for each element of the detector matrix, col. 5 lines 5-10); based on the thicknesses of the first to nth components (A representation of the bone mineral content of the body part to be measured can be produced from the result from each of these elements, col. 5 lines 5-10).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of D1 with the teaching of D2 in order to provide the additional independent measurement needed to resolve and generate images of a third (single-composition) component.
-Regarding claim 16, D1 discloses a non-transitory computer-readable storage medium that stores a radiation image processing program causing a computer to execute (FIG. 1): a procedure of acquiring first to (n - 1)th radiation images acquired by imaging a subject, which includes a first component consisting of a plurality of compositions, with n - 1 types of radiation having different energy distributions (obtaining unit 131 obtains a plurality of radiation images corresponding to a plurality of different radiation energies obtained by irradiating an object with radiation and performing imaging, [0033]; assume that the soft tissue is a mixture of water and fat, [0131]); a procedure of deriving a characteristic of the first component in at least a region of the subject in the first to (n - 1)th radiation images (The signal processing unit 133 estimates, as the attenuation information, the linear attenuation coefficient of the first material (for example, the soft tissue) at the energy of radiation, [0137]); the characteristic of the first component, and the first to (n - 1)th radiation images (performs energy subtraction processing using the plurality of attenuation rate images (H, L) and the attenuation information (the linear attenuation coefficient of the first material), thereby generating images decomposed into the image of the thickness of the first material (soft tissue image S) and the image of the thickness of the second material (bone image B), [0121]); and a procedure of deriving first to nth component images in which the first to nth components are enhanced, respectively (generate the image of material 1 or the image of material 2 using the estimated attenuation coefficient of the first material and a predetermined attenuation coefficient of the second material, [0151]).
D1 is silent to teaching that (n = 3); and second to nth components each consisting of a single composition; acquire a body thickness of the subject; derive thicknesses of the first to nth components by using the body thickness; based on the thicknesses of the first to nth components. However, the claimed limitation is well known in the art as evidenced by D2.
In the same field of endeavor, D2 teaches (n = 3) and second to nth components each consisting of a single composition (The object or body part to be measured substantially consists of three components: bone mineral (in the form of hydroxyapatite Ca10 (PO4)6 (OH)2), fat and water, col. 4 liens 29-33); acquire a body thickness of the subject (the distance measuring devices 5 are arranged on each side of the body part 6 to be measured and the distance from each side of the X-rayed object 6 can be determined by means of these devices 5. The thickness of the object can thus be calculated, col. 4 lines 11-28); derive thicknesses of the first to nth components by using the body thickness (thicknesses of the different components can therefore be calculated from the different equations for each element of the detector matrix, col. 5 lines 5-10); based on the thicknesses of the first to nth components (A representation of the bone mineral content of the body part to be measured can be produced from the result from each of these elements, col. 5 lines 5-10).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of D1 with the teaching of D2 in order to provide the additional independent measurement needed to resolve and generate images of a third (single-composition) component.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PING Y HSIEH whose telephone number is (571)270-3011. The examiner can normally be reached Monday-Friday, 9am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Mehmood can be reached at (571) 272-2976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PING Y HSIEH/ Primary Examiner, Art Unit 2664
