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 statements (IDS) were submitted on 3/19/2025 and 9/16/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 22 in Fig. 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4 and 5 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 claim 4, the limitation “generates a third reconstructed image reconstructed from the projection data corresponding to a phase in which the second reconstructed image is generated” is indefinite as it is unclear what “corresponding to a phase” means. If it is to mean the same phase as the second reconstructed image, then it is unclear what “a deviation between the second reconstructed image and the third reconstructed image for each corresponding phase” [Emphasis added] refers to, as there would only be one phase. For the purposes of examination, Examiner will interpret “corresponding to a phase” as corresponding to the same phase interval.
Claim 5 is rejected due to its dependency.
Positive Statement Regarding - 35 USC § 101
The Examiner’s 35 U.S.C. 101 analysis recognizes that the claimed subject matter is directed to a practical application of a technical solution. The claimed elements, taken as a whole, improve the functioning of identifying the stationary phase of electrocardiographic information by reducing the processing time required, see ¶0004. Because the claims recite specific, claimed steps and structural elements that produce a tangible technical result, they are not directed to an abstract idea absent additional inventive concept limitations. Accordingly, the record supports a positive 101 determination for the present claims.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US 2019/0378309) (IDS).
Regarding claim 1, Wang discloses an image processing apparatus comprising: at least one processor (¶0013, at least one processor), wherein the processor: acquires projection data corresponding to a phase specified by an electrocardiogram of a subject (¶0113, the electrocardiogram (ECG) … Phases of the ECG may indicate the state of the heart in the current cardiac cycle; ¶0118, In some embodiments, a plurality of projection data may be generated by an imaging device (e.g., the scanner 110). The plurality of projection data may include a plurality of sub-sets of projection data. In some embodiments, each sub-set of projection data may correspond to a cardiac motion phase. Examiner considers the cardiac motion phase to correspond to the ECG), the projection data being imaged in synchronization with the electrocardiogram using radiation sequentially emitted from a plurality of directions to an imaging portion of the subject (¶0112, the plurality of sampled cardiac motion phases may be obtained at regular intervals (e.g., an interval of 1%, 2%, 5%, 10%, 15%, 20%, 25%, etc.); ¶0113, the electrocardiogram (ECG) may refer to a graph of voltage versus time. The voltage may be detected from a body surface of the object by an electrocardiograph); specifies a provisional stationary phase (¶0126, the mean phase may refer to a relatively optimal phase (in which the cardiac motion is relatively slight). Examiner considers the mean phase as the “provisional stationary phase” since there is minimized motion) assumed to be a stationary phase of the subject based on a first reconstructed image reconstructed (¶0104, one or more cardiac images of a (e.g., each) selected cardiac motion phase (or sampled cardiac motion phase illustrated elsewhere in the present disclosure) may be reconstructed) from the projection data corresponding to a phase included in a first phase range among the phases (¶0115, That is, in a cardiac cycle, each phase may correspond to a data set collected by the CT scanner, and 100 phases in a phase range of 1%-100% may have corresponding data sets in each cardiac cycle. Examiner considers the 1-100% range as the “first phase range”); generates a second reconstructed image in which a movement of the subject is corrected (¶0107, The operations may reduce the artifacts induced by cardiac motion; ¶0132, The reconstructed image corresponding to the mean phase may have a relatively high quality with a relatively low level of motion artifacts of the heart. Examiner considers cardiac motion as “movement of the subject” and the image reconstructed from the mean phase as the “second reconstructed image”), the second reconstructed image being reconstructed from the projection data corresponding to a phase included in the first phase range and included in a second phase range including the provisional stationary phase, among the phases (¶0136, the preset range may be 5%, 10%, 20% (or the like) around the mean phase. For example, in each cardiac cycle, phases within 10% around the mean phase may be selected, and images corresponding to the phases within 10% around the mean phase in each cardiac cycle may be reconstructed. Examiner considers the range defined around the mean phase as the “second phase range”); and specifies the stationary phase of the subject based on the second reconstructed image (¶0136, in each cardiac cycle, phases within 10% around the mean phase may be selected; ¶0138, a phase of interest may be determined in the each cardiac cycle based on the one or more cardiac images of the each cardiac cycle; ¶0143, the phase of interest may also be determined based on the image qualities of the cardiac images. Examiner considers the phase of interest as the “stationary phase”. Since the phase of interest can be determined from images in the phase ranges defined by the mean phase, Examiner considers that to be “based” on the second reconstructed image).
Regarding claim 4, in which claim 1 is incorporated, Wang discloses wherein the processor: generates the first reconstructed image (¶0104, one or more cardiac images of a (e.g., each) selected cardiac motion phase (or sampled cardiac motion phase illustrated elsewhere in the present disclosure) may be reconstructed) at a first phase interval (¶0112, the plurality of sampled cardiac motion phases may be obtained at the random intervals from 1% to 100%. Since the intervals can be random, Examiner considers the smallest interval as the “first phase interval”), generates the second reconstructed image (¶0104, one or more cardiac images of a (e.g., each) selected cardiac motion phase (or sampled cardiac motion phase illustrated elsewhere in the present disclosure) may be reconstructed) at a second phase interval wider than the first phase interval (¶0112, the plurality of sampled cardiac motion phases may be obtained at the random intervals from 1% to 100%. Since the intervals can be random, Examiner any interval other than the smallest interval as the “second phase interval”), generates a third reconstructed image reconstructed from the projection data corresponding to a phase in which the second reconstructed image is generated (¶0146, a plurality of mean absolute differences (MADs) may be obtained by determining an MAD between two cardiac images of each two adjacent sampled cardiac motion phases; ¶0147, then a first MAD may be detemined between two cardiac images of two adjacent sampled cardiac motion phases pi and p.sub.2, a second MAD may be determined between two cardiac images of two adjacent sampled cardiac motion phases p.sub.2 and p.sub.3, a third MAD may be determined between two cardiac images of two adjacent sampled cardiac motion phases p.sub.3 and p.sub.4. Since the images are sampled at interval borders, Examiner considers an image sampled at the interval border matching the second reconstructed image as the “third reconstructed image”. Therefore, they would fall within the same interval.), and specifies the stationary phase of the subject based on a deviation between the second reconstructed image and the third reconstructed image for each corresponding phase (¶0146, mean absolute differences (MADs) mean absolute differences (MADs); ¶0161, the cardiac motion parameter(s) determined based on MAD(s) may represent the difference(s) between cardiac images. A relatively small cardiac motion parameter may represent a relatively small motion amplitude, indicating that the cardiac motion is relatively smooth. Accordingly, the phase corresponding to a minimum motion parameter may be determined as the mean phase. Examiner considers MADs as a measure of the “deviation” between images).
Regarding claim 5, in which claim 4 is incorporated, Wang discloses wherein the processor specifies, as the stationary phase of the subject, a phase in which the deviation between the second reconstructed image and the third reconstructed image is minimized ((¶0146, mean absolute differences (MADs) mean absolute differences (MADs); ¶0161, the cardiac motion parameter(s) determined based on MAD(s) may represent the difference(s) between cardiac images. A relatively small cardiac motion parameter may represent a relatively small motion amplitude, indicating that the cardiac motion is relatively smooth. Accordingly, the phase corresponding to a minimum motion parameter may be determined as the mean phase. Examiner considers MADs as a measure of the “deviation” between images)).
Regarding claim 6, in which claim 1 is incorporated, Wang discloses wherein the first phase range is a range corresponding to at least one of a diastole or a systole of the subject (¶0112, If a current phase is around 45% of the current cardiac cycle, the heart is usually in systole. If the phase is around 75% of the current cardiac cycle, the heart is usually in diastole. The R wave may correspond to the ventricular end-diastole).
Regarding claim 7, Wang discloses an image processing method comprising: causing a processor (¶0013, at least one processor) included in an image processing apparatus to execute: acquiring projection data corresponding to a phase specified by an electrocardiogram of a subject (¶0113, the electrocardiogram (ECG) … Phases of the ECG may indicate the state of the heart in the current cardiac cycle; ¶0118, In some embodiments, a plurality of projection data may be generated by an imaging device (e.g., the scanner 110). The plurality of projection data may include a plurality of sub-sets of projection data. In some embodiments, each sub-set of projection data may correspond to a cardiac motion phase. Examiner considers the cardiac motion phase to correspond to the ECG), the projection data being imaged in synchronization with the electrocardiogram using radiation sequentially emitted from a plurality of directions to an imaging portion of the subject (¶0112, the plurality of sampled cardiac motion phases may be obtained at regular intervals (e.g., an interval of 1%, 2%, 5%, 10%, 15%, 20%, 25%, etc.); ¶0113, the electrocardiogram (ECG) may refer to a graph of voltage versus time. The voltage may be detected from a body surface of the object by an electrocardiograph); specifying a provisional stationary phase (¶0126, the mean phase may refer to a relatively optimal phase (in which the cardiac motion is relatively slight). Examiner considers the mean phase as the “stationary phase” since there is minimized motion) assumed to be a stationary phase of the subject based on a first reconstructed image reconstructed from the projection data (¶0104, one or more cardiac images of a (e.g., each) selected cardiac motion phase (or sampled cardiac motion phase illustrated elsewhere in the present disclosure) may be reconstructed) corresponding to a phase included in a first phase range among the phases (¶0115, That is, in a cardiac cycle, each phase may correspond to a data set collected by the CT scanner, and 100 phases in a phase range of 1%-100% may have corresponding data sets in each cardiac cycle. Examiner considers the 1-100% range as the “first phase range”); generating a second reconstructed image in which a movement of the subject is corrected (¶0107, The operations may reduce the artifacts induced by cardiac motion; ¶0132, The reconstructed image corresponding to the mean phase may have a relatively high quality with a relatively low level of motion artifacts of the heart. Examiner considers cardiac motion as “movement of the subject” and the image reconstructed from the mean phase as the “second reconstructed image”), the second reconstructed image being reconstructed from the projection data corresponding to a phase included in the first phase range and included in a second phase range including the provisional stationary phase, among the phases (¶0136, the preset range may be 5%, 10%, 20% (or the like) around the mean phase. For example, in each cardiac cycle, phases within 10% around the mean phase may be selected, and images corresponding to the phases within 10% around the mean phase in each cardiac cycle may be reconstructed. Examiner considers the range defined around the mean phase as the “second phase range”); and specifying the stationary phase of the subject based on the second reconstructed image (¶0136, in each cardiac cycle, phases within 10% around the mean phase may be selected; ¶0138, a phase of interest may be determined in the each cardiac cycle based on the one or more cardiac images of the each cardiac cycle; ¶0143, the phase of interest may also be determined based on the image qualities of the cardiac images. Examiner considers the phase of interest as the “stationary phase”. Since the phase of interest can be determined from images in the phase ranges defined by the mean phase, Examiner considers that to be “based” on the second reconstructed image).
Regarding claim 8, Wang discloses a non-transitory computer readable medium storing an image processing program for causing a processor (¶0023, a non-transitory computer readable medium storing instructions is provided. The instructions, when executed by at least one processor) included in an image processing apparatus to execute a process comprising: acquiring projection data corresponding to a phase specified by an electrocardiogram of a subject (¶0113, the electrocardiogram (ECG) … Phases of the ECG may indicate the state of the heart in the current cardiac cycle; ¶0118, In some embodiments, a plurality of projection data may be generated by an imaging device (e.g., the scanner 110). The plurality of projection data may include a plurality of sub-sets of projection data. In some embodiments, each sub-set of projection data may correspond to a cardiac motion phase. Examiner considers the cardiac motion phase to correspond to the ECG), the projection data being imaged in synchronization with the electrocardiogram using radiation sequentially emitted from a plurality of directions to an imaging portion of the subject (¶0112, the plurality of sampled cardiac motion phases may be obtained at regular intervals (e.g., an interval of 1%, 2%, 5%, 10%, 15%, 20%, 25%, etc.); ¶0113, the electrocardiogram (ECG) may refer to a graph of voltage versus time. The voltage may be detected from a body surface of the object by an electrocardiograph); specifying a provisional stationary phase (¶0126, the mean phase may refer to a relatively optimal phase (in which the cardiac motion is relatively slight). Examiner considers the mean phase as the “stationary phase” since there is minimized motion) assumed to be a stationary phase of the subject based on a first reconstructed image reconstructed from the projection data (¶0104, one or more cardiac images of a (e.g., each) selected cardiac motion phase (or sampled cardiac motion phase illustrated elsewhere in the present disclosure) may be reconstructed) corresponding to a phase included in a first phase range among the phases (¶0115, That is, in a cardiac cycle, each phase may correspond to a data set collected by the CT scanner, and 100 phases in a phase range of 1%-100% may have corresponding data sets in each cardiac cycle. Examiner considers the 1-100% range as the “first phase range”); generating a second reconstructed image in which a movement of the subject is corrected (¶0107, The operations may reduce the artifacts induced by cardiac motion; ¶0132, The reconstructed image corresponding to the mean phase may have a relatively high quality with a relatively low level of motion artifacts of the heart. Examiner considers cardiac motion as “movement of the subject” and the image reconstructed from the mean phase as the “second reconstructed image”), the second reconstructed image being reconstructed from the projection data corresponding to a phase included in the first phase range and included in a second phase range including the provisional stationary phase, among the phases (¶0136, the preset range may be 5%, 10%, 20% (or the like) around the mean phase. For example, in each cardiac cycle, phases within 10% around the mean phase may be selected, and images corresponding to the phases within 10% around the mean phase in each cardiac cycle may be reconstructed. Examiner considers the range defined around the mean phase as the “second phase range”); and specifying the stationary phase of the subject based on the second reconstructed image (¶0136, in each cardiac cycle, phases within 10% around the mean phase may be selected; ¶0138, a phase of interest may be determined in the each cardiac cycle based on the one or more cardiac images of the each cardiac cycle; ¶0143, the phase of interest may also be determined based on the image qualities of the cardiac images. Examiner considers the phase of interest as the “stationary phase”. Since the phase of interest can be determined from images in the phase ranges defined by the mean phase, Examiner considers that to be “based” on the second reconstructed image).
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.
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.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2019/0378309) (IDS) in view of Kohler et al. (US 2009/0232379) (IDS) (hereafter, “Kohler”).
Regarding claim 2, in which claim 1 is incorporated, Wang discloses wherein the processor: generates the second reconstructed image under a first reconstruction condition (¶0382, the target cardiac image(s) may be reconstructed, in a preset FOV (also referred to as a preset reconstruction FOV) and at the reconstruction center. Examiner considers the FOV and center as the “first reconstruction condition”), [specifies a third phase range including the stationary phase of the subject from a phase corresponding to the second reconstructed image], and specifies the stationary phase of the subject based on a [third] reconstructed image (¶0143, the mean phase or the phase of interest may also be determined based on the image qualities of the cardiac images) [that is reconstructed under a second reconstruction condition from the projection data corresponding to a phase included in the third phase range] and in which a movement of the subject is corrected (¶0107, The operations may reduce the artifacts induced by cardiac motion. Examiner considers cardiac motion as “movement of the subject”), [wherein the second reconstruction condition is a processing condition for obtaining a reconstructed image of higher image quality than the first reconstruction condition].
However, Wang fails to explicitly disclose specifies a third phase range including the stationary phase of the subject from a phase corresponding to the second reconstructed image, and a third reconstructed image that is reconstructed under a second reconstruction condition from the projection data corresponding to a phase included in the third phase range, wherein the second reconstruction condition is a processing condition for obtaining a reconstructed image of higher image quality than the first reconstruction condition
Kohler teaches specifies a third phase range including the stationary phase of the subject from a phase corresponding to the second reconstructed image (¶0045, Then, the motion fields determined in step S5 are used in step S6 to determine time points or time periods at which a motion of areas of the heart is minimal or where these areas are at rest. As already mentioned above, time points are not limited to "point in time", but should be understood as relating to time points, time periods and/or phase points of the movement. Examiner considers the set of time points with minimal movement as the “third phase range”. They are inclusive of the stationary phase by virtue of being selected from only stationary phases), and a third reconstructed image that is reconstructed under a second reconstruction condition from the projection data corresponding to a phase included in the third phase range (¶0047, the high resolution image may be determined from data determined at different points in time and at different phase points, since, for each region of the object, the optimal phase point/time point is used), wherein the second reconstruction condition is a processing condition for obtaining a reconstructed image of higher image quality than the first reconstruction condition (¶0045-0046, for each low resolution 3D image, an optimum point of time with a minimal motion in the respective area of the heart is determined … in the subsequent step S8, a high resolution image having full resolution is reconstructed using the optimal phase points according to the high resolution list for each region of the heart).
Both Wang and Kohler are analogous to the claimed invention because they are both directed towards reconstructing electrocardiogram images. It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to incorporate the high resolution images of Kohler into reconstruction method of Wang. The suggestion/motivation for doing so would have been improve image quality, as suggested by Kohler at ¶0047, Thus, advantageously, an improved image quality may be provided, where, for example, the whole heart may be reconstructed without blurring.
This method of improving Wang was within the ordinary ability of one of ordinary skill in the art based on the teachings of Kohler.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Wang with the teachings of Kohler to obtain the invention as specified in claim 2.
Regarding claim 3, Wang in view of Kohler discloses the image processing apparatus according to claim 2
However, Wang fails to explicitly disclose wherein the processor specifies, as the third phase range, a range corresponding to a phase in which a movement of the subject is smaller than a predetermined threshold value.
Kohler teaches wherein the processor specifies, as the third phase range, a range corresponding to a phase in which a movement of the subject is smaller than a predetermined threshold value (¶0045, the motion fields determined in step S5 are used in step S6 to determine time points or time periods at which a motion of areas of the heart is minimal or where these areas are at rest. As already mentioned above, time points are not limited to "point in time", but should be understood as relating to time points, time periods and/or phase points of the movement. This may, for example, be done by subjecting the motion fields determined in step S5 to a thresholding operation).
Both Wang and Kohler are analogous to the claimed invention because they are both directed towards reconstructing electrocardiogram images. It would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to incorporate the high resolution images of Kohler into reconstruction method of Wang. The suggestion/motivation for doing so would have been improve image quality, as suggested by Kohler at ¶0047, Thus, advantageously, an improved image quality may be provided, where, for example, the whole heart may be reconstructed without blurring.
This method of improving Wang was within the ordinary ability of one of ordinary skill in the art based on the teachings of Kohler.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Wang with the teachings of Kohler to obtain the invention as specified in claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (US 2017/0303868) discloses a method for reconstructing tomography images (¶0132, Also, a time for which or an angle (or a phase) by which the X-ray generator 106 rotates in order to obtain raw data that is necessary to reconstruct one tomography image is referred to as ‘one cycle’).
So et al. (US 2023/0346330) discloses a method of image reconstruction from projected data (¶0057, The projection data is sent to an image reconstruction component 8 incorporating an image reconstruction computer code).
Jackson et al. (US 2021/0093277) discloses reconstructing cardiac images (¶0014, The use of this duration to scan and reconstruct a cardiac image may result in an image with minimal motion).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOMAO DING whose telephone number is (571)272-7237. The examiner can normally be reached Mon-Fri 9:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henok Shiferaw can be reached at (571) 272-4637. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/XIAOMAO DING/Examiner, Art Unit 2676
/Henok Shiferaw/Supervisory Patent Examiner, Art Unit 2676
Prosecution Insights