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 § 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.
Claim(s) 1-6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilat-Schmidt et al. (US 2024/0374225 A1; Filed September 19, 2022).
Regarding claim 1, Gilat-Schmidt teaches an X-ray computed tomography (CT) apparatus (Figure 1 Element 100; Paragraph 30) comprising:
an X-ray detector (Figure 1-3 Element 108; Paragraph 34) configured to output output data corresponding to energy of an X-ray photon (Paragraph 34);
a data acquisition unit (Figure 2 Element 214; Paragraph 45 - DAS) configured to acquire the output data from the X-ray detector and output count data for each of a plurality of energy bins (Paragraph 57 - For each view, a photon count for each energy bin for each pixel or detector element of the detector array is generated (e.g., during readout of the detector array by DAS 214).);
a rotating portion (Figure 2 Element 102; Paragraph 30) configured to rotatably support the X-ray detector and the data acquisition unit (Seen in Figure 2 Elements 108 and 214; Paragraph 40 - the control mechanism 208 further includes a data acquisition system (DAS) 214 configured to sample analog data received from the detector elements 202 and convert the analog data to digital signals for subsequent processing.);
a 1st processing circuity provided in the rotating portion and configured to generate data related to a plurality of material compositions based on the count data and output the data related to the plurality of material compositions (Paragraph 36 - The data collected by the detector array 108 undergoes pre-processing and calibration to condition the data to represent the line integrals of the attenuation coefficients of the scanned subject 204. The processed data are commonly called projections. In some examples, the individual detectors or detector elements 202 of the detector array 108 may include photon counting detectors which register the interactions of individual photons into one or more energy bins.); and
a 2nd processing circuity (Figure 2 Element 230) configured to perform a reconstruction process based on the data related to the plurality of material compositions (Paragraph 37-The material-density projections may be reconstructed to form a set of material-density maps or images of each respective basis material, such as bone, soft tissue, and/or contrast agent maps. The density maps or images may be, in turn, associated to form a 3D volumetric image of the basis material, for example, bone, soft tissue, and/or contrast agent, in the imaged volume.).
Regarding claim 2, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 1. Gilat-Schmidt further teaches wherein the 2nd processing circuity is placed in a fixed portion of the X-ray CT apparatus (Figure 2 Element 230; Paragraph 45 - Although FIG. 2 illustrates the image reconstructor 230 as a separate entity, in certain embodiments, the image reconstructor 230 may form part of the computing device 216.; not disposed on the rotating portion).
Regarding claim 3, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 1. Gilat-Schmidt further teaches wherein the 2nd processing circuity is placed in a console of the X-ray CT apparatus (Figure 2 Element 230; Paragraph 45 - Although FIG. 2 illustrates the image reconstructor 230 as a separate entity, in certain embodiments, the image reconstructor 230 may form part of the computing device 216.).
Regarding claim 4, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 1. Gilat-Schmidt further teaches wherein the data related to the plurality of material compositions includes thickness data for a plurality of materials ( Paragraph 67 - Material decomposition may be performed on this projection measurement using the combined bin and the remaining separate bins to estimate the thickness of the two basis materials., Paragraph 72, 83, 95).
Regarding claim 5, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 4. Gilat-Schmidt further teaches wherein the plurality of materials is water and calcium (Paragraph 64 - the phantoms may include regions of water, iodide, calcium, and/or other materials (e.g., other contrast agents).).
Regarding claim 6, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 4. Gilat-Schmidt further teaches wherein the plurality of materials is water, calcium, and an iodine contrast agent (Paragraph 64 - the phantoms may include regions of water, iodide, calcium, and/or other materials (e.g., other contrast agents).).
Regarding claim 8, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 1. Gilat-Schmidt further teaches wherein the 1st processing circuity is configured to generate the data related to the plurality of material compositions using a trained neural network trained with the count data for each of the energy bins as input and thickness data for a plurality of base materials as output (Paragraph 95 - As explained above, during calibration, different target bin combinations or different target weight sets may be identified based on material thickness, based on detector element/pixel, and/or based on view. … As a non-limiting example, the computing device 216 may instruct the DAS 214 to downsample the detector data using the selected target bin combinations or target weight sets or the computing device 216 may send the subject size information to the DAS 214 and the DAS 214 may select the target bin combinations or target weight sets based on the subject size information. Paragraph 28 - basis material thickness estimates from the weighted sums and that from the original binned counts for a large range of different object materials and sizes. For each embodiment, the downsampled bin counts may be used to generate virtual monoenergetic images (VMI) and/or perform material decomposition (MD). Paragraph 60 -To reconstruct a VMI, the downsampled bin counts may be decomposed into selected basis materials or attenuation components (e.g., Compton and photoelectric) using .. neural networks, .... )
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gilat-Schmidt et al. (US 2024/0374225 A1; Filed September 19, 2022) in view of Scoullar (US 20190212273 A1; July 11, 2019).
Regarding claim 7, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 1. Gilat-Schmidt further teaches wherein the 1st processing circuity is configured to generate the data related to the plurality of material compositions by a relationship between the count data for each of the energy bins and thickness data for a plurality of base materials. (Paragraph 95 - As explained above, during calibration, different target bin combinations or different target weight sets may be identified based on material thickness, based on detector element/pixel, and/or based on view. When non-uniform downsampling is applied, the target bin combinations or target weight sets identified that optimize image reconstruction for material thickness equal to or in range of the imaging subject size/thickness may be selected. As a non-limiting example, the computing device 216 may instruct the DAS 214 to downsample the detector data using the selected target bin combinations or target weight sets or the computing device 216 may send the subject size information to the DAS 214 and the DAS 214 may select the target bin combinations or target weight sets based on the subject size information. Paragraph 91)
Gilat-Schmidt does not teach wherein the 1st processing circuity is configured to generate the data related to the plurality of material compositions by referring to a lookup table presenting a relationship between the count data for each of the energy bins and thickness data for a plurality of base materials and performing an interpolation process.
Scoullar teaches generating calibration data of count rate of energy bin by referring to a lookup table and further performing an interpolation process. (Paragraph 201 - To properly apply the energy calibration, the spectrum is moved back to the left by a specified number of bins/energy. The calibration required is either: [0202] a) A lookup table, defining baseline shift for each count rate, with intermediate results obtained via interpolation.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the CT apparatus of Gilat-Schmidt with the data generation method of Scoullar. A person of ordinary skill in the art would have been motivated to do this since it is a known method of data generation as it allows for efficient use of known relationship of data to quickly yield interpolated results.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gilat-Schmidt et al. (US 2024/0374225 A1; Filed September 19, 2022) in view of Torii (US 2022/0358652 A1; November 10, 2022).
Regarding claim 9, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 1, but fails to teach wherein the data related to the plurality of material compositions is data including an effective atomic number.
Torii teaches wherein the data related to the plurality of material compositions is data including an effective atomic number.(Paragraph 32 - Also, a material identification image is an image obtained by, when the object 103 is expressed by one specific material, decomposing the object into the effective atomic number and the surface density of the material.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the CT apparatus of Gilat-Schmidt with the material data of Torii. A person of ordinary skill in the art would have been motivated to do this since it is a known method of material identification.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gilat-Schmidt et al. (US 2024/0374225 A1; Filed September 19, 2022) in view of Bartl (US 20190212273 A1; July 11, 2019).
Regarding claim 10, Gilat-Schmidt teaches the X-ray CT apparatus according to claim 1, but fails to teach wherein the data related to the plurality of material compositions includes photoelectric effect data, Compton scattering data, and data corresponding to a specified tube voltage.
Bartl teaches wherein the data related to the plurality of material compositions includes photoelectric effect data, Compton scattering data, and data corresponding to a specified tube voltage. (Paragraph 8 - for X-ray imaging, i.e. using X-ray spectra up to approximately 70 keV acceleration voltage, the phase signal and the absorption signal contain complementary information, since primarily photoelectric effect and Compton effect contribute to the generation of the image signal in this case. It is therefore possible by means of a weighted linear combination of both images to represent individual materials such as bones and soft parts separately without any need for exposure to different energy spectra as is required in the case of “dual-energy” imaging.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the CT apparatus of Gilat-Schmidt with the data correlated to the material compositions of Bartl. A person of ordinary skill in the art would have been motivated to do this since there is a known relationship between these data values that allow for increased efficiency of material composition identification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
- US 20240099670 A1 teaches an x-ray tomography apparatus with a DAS.
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/GISSELLE GUTIERREZ/
Examiner
Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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