CTNF 19/196,853 CTNF 88101 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 112 07-30-02 AIA 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. 07-34-01 Claims 4-6 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. Claims 4 and 6 recite the limitation "the time direction" in pages 2-3. There is insufficient antecedent basis for this limitation in the claim, since “a time direction” was not previously recited in claims 1, 4, and 6. Claim 5 is rejected as it inherits the rejection of claim 4 as set forth above. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over “KO et al.,” US 2025/0045983 (hereinafter Ko) and “Razifar et al.,” US 2012/0281897 (hereinafter Razifar), and “Roy et al.,” Intra-bin correction and inter-bin compensation of respiratory motion in free-running five dimensional whole-heart magnetic resonance imaging,” Journal of Cardiovascular Magnetic Resonance, 26 101037 (2024) (published online on March, 16, 2024 1 , hereinafter Roy) . Regarding to claim 1, Ko teaches a nuclear medicine diagnostic apparatus (Scanning device is a positron emission tomography device [0043]) comprising processing circuitry ( computer [0046]) configured to: analyze respiration motion based on list mode data obtained through nuclear medicine scan on a subject having respiration motion and heartbeat motion (taking into account the displacement of a target region captured by the medical image during different phases of respiration and/or heartbeat cycles using segmentation in the list mode data corresponding to the medical image [0052]); generate first images from respective division data sets obtained by dividing the list mode data for respective respiration phases as phases of the respiration motion (frame images corresponding to certain respiratory cycle phase [0072]); analyze the heartbeat motion for the respective respiration phases based on the list mode data (additionally considering cardiac cycles [0067]); and Ko does not explicitly disclose generate second images from respective division data sets obtained by dividing phase data, obtained by dividing the list mode data for the respective respiration phases, for respective cardiac pulsation phases as phases of the heartbeat motion. However, in the analogous field of endeavor in nuclear medicine imaging apparatus, Razifar teaches correcting motion in PET images, using emission data set in a list mode data set ([0029]), and performing dual gating by binning the emission data where each gate corresponds to a particular respiratory and cardiac state ([0048]) and Razifar further provides an example of dual-gating by a total of 18 bins were used for 6 respiratory states and 3 cardiac states, and each binned emission data is reconstructed and resulting images are registered to each other ([0048]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify considering respiratory and cardiac motions as taught by Ko to incorporate teachings of Razifar, since dual-gating of list mode data using plurality of bins corresponding to respiratory and cardiac phases was well known in the art as taught by Razifar. One of ordinary skill in the art could have combined the elements as claimed by Ko with no change in their respective functions, utilizing plurality of bins to dividing data corresponding to different phases of respiratory and cardiac phases, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to take the different types of motion into account and for instance estimating combined translation and contraction motion ([0048]), and there was reasonable expectation of success. With respect to dual gating, Razifar does not explicitly disclose dividing data for respective respiration phases, for respective cardiac pulsation phases as phases of heartbeat motion, however, the examiner submits that respiratory states are dependent upon cardiac states and even timing of combined motions for gating and correcting motion in medical images, as taking account for combined motion of translation and contraction ([0048]). The examiner further submits that Roy teaches correcting motion in medical images, using intra-bin correction, by binning data by respiratory phase, and re-binning the corrected data by cardiac phases (Figure 1). Therefore, since Razifar and Roy are both directed to binning image data into various cardiac and respiratory phases, and the intra-bin correction of respiratory motion is well known in the art as disclosed by Roy, Razifar can incorporate teaching of Roy, as to incorporate cascade of binning data with intra-bin correction of respiratory motion, in place of parallel binning, to provide improved quality of cardiac and respiratory motion correction in terms of sharpness, residual artifact level and fidelity of underlying respiratory motion (page 2 Col. 2 2 nd paragraph- page 3 Col. 1 1 st paragraph). Regarding to claim 2, Ko, Razifar, and Roy together teach all limitations of claim 1 as set forth above. Roy further teaches using fNAV in medical imaging, focused navigation is motion-compensation framework correcting cardiac and respiratory motions, and the limitations of claim 2 recite operation of fNAV. wherein the processing circuitry is further configured to: acquire at least either one of a first motion vector indicating variations between the respiration phases and a second motion vector indicating variations between the cardiac pulsation phases (deriving deformation due to respiratory motion between bins, and estimation of displacement using fNAV Figure 1); and generate first single-phase images corresponding to a specific respiration phase by applying the first motion vector to the second images in each group of the second images of different respiration phases and a common cardiac pulsation phase and combining them, or generate second single-phase images corresponding to a specific cardiac pulsation phase by applying the second motion vector to the second images in each group of the second images of different cardiac pulsation phases and a common respiration phase and combining them (applying operator to the images, panel e of Figure 1, page 3 Col. 2-page 4 Col. 1; Figure 8 shows reconstructed images of either having specific cardiac pulsation phase and a common respiration phase or different respiration phase and a common cardiac pulsation phases, such as end-expiration and end-diastolic, end-inspiration and end-systole images). Regarding to claims 3 and 7-8, Ko, Razifar, and Roy together teach all limitations of claim 2 as set forth above. Rou further teaches following limitations: Of claim 3, wherein the processing circuitry is further configured to generate the first single-phase images by applying the first motion vector to the second images in each group of the second images of different respiration phases and a common cardiac pulsation phase and combining them (step C Figure 1, respiratory motion resolved images reconstructed with cardiac motion averaged page 3, Col. 2, 2 nd paragraph); generate the second single-phase images by applying the second motion vector to the first single-phase images and combining them, or by applying the second motion vector to the second images in each group of the second images of different cardiac pulsation phases and a common respiration phase and combining them (reconstructing into images using cardiac gating step D-E of Figure 1, page 3, Col. 2, 3 rd -4 th paragraphs); and generate a single image corresponding to a specific respiration phase and a specific cardiac pulsation phase by applying the first motion vector to the second single-phase images and combining them (Figures 8-9 show image with specific respiration phase and a specific cardiac pulsation phases, e.g. end-diastole and end-expiration). Of claim 7, wherein the processing circuitry is further configured to: acquire the first motion vector based on the first images, and generate first single-phase images corresponding to a specific respiration phase by applying the first motion vector to the second images in each group of the second images of different respiration phases and a common cardiac pulsation phase and combining them (step C Figure 1, respiratory motion resolved images reconstructed with cardiac motion averaged page 3, Col. 2, 2 nd paragraph); Of claim 8, acquire the second motion vector based on the second images, and generate second single-phase images corresponding to a specific cardiac pulsation phase by applying the second motion vector to the second images in each group of the second images of different cardiac pulsation phases and a common respiration phase and combining them (reconstructing into images using cardiac gating step D-E of Figure 1, page 3, Col. 2, 3 rd -4 th paragraphs). Regarding to claims 4-6, Ko, Razifar, and Roy together teach all limitations of claim 1 as set forth above. Ko further teaches following limitations of claim 4, wherein the processing circuitry is further configured to: extract a part of the list mode data in the time direction as partial data, and estimate a respiration waveform as a waveform of the respiration motion based on a reconstruction image reconstructed based on the extracted partial data (time dimension segmentation cuts events contained in the list mode data corresponding to the medical image into frames having a fixed time dimension [0049] and [0052]); Razifar further teaches generate the first images from each of division data sets obtained by dividing the list mode data for respective respiration phases based on the respiration waveform as set forth in claim 1 ([0048]). Regarding to claim 5, Ko, Razifar, and Roy together teach all limitations of claim 4 as set forth above. Ko further discloses wherein the processing circuitry is further configured to extract the partial data having a time duration with a first length from the list mode data at time intervals with a second length shorter than the first length (frames cur in a fixed time dimension in units of any value from 100 ms to 500ms, and also can be cut in other suitable fixed time dimensions [0052]; first length is 500ms and a second length reads on 100 ms). Regarding to claim 6, Ko, Razifar, and Roy together teach all limitations of claim 1 as set forth above. Ko further teaches following limitations of claim 6, wherein the processing circuitry is further configured to: extract a part of the phase data in the time direction as partial data, and estimate a cardiac pulsation waveform as a waveform of the heartbeat motion based on a reconstruction image reconstructed based on the extracted partial data (time dimension segmentation cuts events contained in the list mode data corresponding to the medical image into frames having a fixed time dimension [0049] and [0052]); Razifar further teaches to generate the second images from each of division data sets obtained by dividing the phase data for respective cardiac pulsation phases based on the cardiac pulsation waveform as set forth in claim 1 ([0048]) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Van Doren (US2023/0351554) discloses gating medical images, using event timing of cardiac and respiratory motions, and explicitly teaches using principal component analysis to map specific cardiac phase can be mapped to inspiration events ([0055], [0060]). Li (US 2018/0140216) teaches medical imaging gating for cardiac and respiration motion, wherein images are reconstructed from each bin, bin-by-bin respiratory motion estimation, and the motion is subsequently and individually for each cardiac phase ([0031]). Batzer (US 2022/0054021) teaches dividing into at least two heartbeat ranges based upon the respiration phases ([0101]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICIA J PARK whose telephone number is (571)270-1788. The examiner can normally be reached Monday-Thursday 8 am - 3 pm. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PATRICIA J PARK/Primary Examiner, Art Unit 3798 Application/Control Number: 19/196,853 Page 2 Art Unit: 3798 Application/Control Number: 19/196,853 Page 3 Art Unit: 3798 Application/Control Number: 19/196,853 Page 4 Art Unit: 3798 Application/Control Number: 19/196,853 Page 5 Art Unit: 3798 Application/Control Number: 19/196,853 Page 6 Art Unit: 3798 Application/Control Number: 19/196,853 Page 7 Art Unit: 3798 Application/Control Number: 19/196,853 Page 8 Art Unit: 3798 Application/Control Number: 19/196,853 Page 9 Art Unit: 3798 Application/Control Number: 19/196,853 Page 10 Art Unit: 3798 Application/Control Number: 19/196,853 Page 11 Art Unit: 3798 1 Article online publication data is found in Table of Contents page: Journal of Cardiovascular Magnetic Resonance. PNG media_image1.png 168 883 media_image1.png Greyscale
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