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 Objections
Claims 8 and 13 are objected to because of the following informalities:
In claim 8, line 2, “the same height” should read “a same height”.
In claim 13, “a medical imaging system”, “a scanned subject”, and “a preset position” in lines 2 and 4-5, respectively, should read “the medical imaging system”, “the scanned subject”, and “the preset position”.
Appropriate correction is required.
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 10-12 and 14 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 pre-AIA the applicant regards as the invention.
Claim 10 recites the "method further comprises: ... determining the first distance according to the first image, wherein the first distance comprises a distance from at least one point of the first scanned subject to the reference object; moving the first scanned subject to the preset position according to the first distance and the second distance from the reference object to the preset position; determining a distance between the first scanned subject and the second scanned subject according to the first image; …”. The first two steps have been recited in claim 1. It is unclear why they are recited again as further steps of the method. For examination purposes, Examiner of record takes this to be “method further comprises: determining a distance between the first scanned subject and the second scanned subject according to the first image; …”.
Claim 11 recites the "a third image … a fifth distance … a sixth distance” in lines 2-3 and 6, respectively. Because only a first image, a first distance, and a second distance are recited in claim 1, it is unclear how many images and distances are required. For examination purposes, Examiner of record takes this to be “a second image … a third distance…a fourth distance”.
Claim 12 recites "the sixth distance” in line 2. Because only a first distance and a second distance are recited in claim 1 and only two more distances in claim 11, it is unclear how many distances are required. For examination purposes, Examiner of record takes this to be “the fourth distance”.
Claim 14 recites the "a third image … a fifth distance … a sixth distance” in lines 3 and 7, respectively. Because only a first image, a first distance, and a second distance are recited in claim 1, it is unclear how many images and distances are required. For examination purposes, Examiner of record takes this to be “a second image … a third distance…a fourth distance”.
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 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 1-2 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao (US 20220061781), hereinafter Zhao.
Regarding claim 1, Zhao teaches a calibration method (“the processing device 120 may update or determine the transforming relationship by obtaining multiple calibration images of the couch acquired by the imaging device when the couch is located at different spatial positions in the second coordinate system.” [0126]; “the processing device 120 may obtain a count of pixels corresponding to the couch along the X-axis (e.g., a width of the couch) in the calibration image.” [0151]) for a medical imaging system (100) (“the medical radiation device 110 may be a medical imaging device configured to scan a subject (or a part of the subject) to acquire image data. In some embodiments, the medical radiation device 110 may include a gantry 111, a detector 112, a couch 114, and a radioactive source 115. The gantry 111 may include a radiation region 113. The subject may be placed on the couch 114 and moved into the radiation region 113 to be scanned.” [0050]; Fig. 1), characterized by comprising:
obtaining a first image (“the image” [0011]) comprising a reference object (670) (“The reference point 670 on the couch may be used to describe the position of the couch in the image or the second coordinate system.” [0180]; Fig. 6) and a scanned subject (“the scanning range” [0011]), and determining a first distance (a distance from A1, line 640, to R1 in Fig. 6) according to the first image, wherein the first distance comprises a distance from at least one point of the scanned subject (A1) to the reference object (R1) (“the causing, based on the position of the scanning range in the image, the couch to move to a second position may include determining, based on the position of the reference range in the image, at least one of a first distance between a starting position of the scanning range and the radiation region” [0011]);
moving the scanned subject to a preset position (750) (a position “within a range from P1 to P2” [0180]) (“the couch may be moved to the second position to cause the scanning range is located in the radiation region. The second position may include a position in a position range from a position that the ending position of the scanning range enters the radiation region to a position that the starting position of the scanning range leaves the radiation region… the second position may be such that the center of the scanning range coincides with the center of the radiation region or isocenter of the medical radiation device.” [0107]. “In 750, the processing device 120 (e.g., the determination module 420) may determine, based on the first position, the first distance, and the second distance, a second position of the couch.” [0138]; “Z-axis coordinates of the radiation region in the image may be within a range from P1 to P2. The starting position of the scanning range may be denoted as A1” [0180]; Figs. 6- 7) according to the first distance and a second distance from the reference object to the preset position (a second distance is a distance from R1 or 670 to 690 in Fig. 6) (“As shown in FIG. 6, in some embodiments, an edge (indicated as the dashed edge of 610 in FIG. 6) on a side close to the couch (e.g., a right side of the scanning center as shown in FIG. 6) of the radiation region may be used to describe the position of the radiation region in the image or the second coordinate system… Z-axis coordinates of the radiation region in the image may be within a range from P1 to P2. The starting position of the scanning range may be denoted as A1” [0180]; Fig. 6); and
calibrating a parameter of the medical imaging system (“the transforming relationship” [0125]) by using the scanned subject at the preset position (“The determination of the transforming relationship may also be referred to as the calibration of the imaging device.” [0125]. “When the obtained pairs of spatial positions and calibration images meet a preset requirement, the processing device 120 may determine a transforming relationship. The preset requirement may include that a count of pairs satisfies a preset threshold … and calibration images at the spatial positions are acquired (e.g., moving the couch (e.g., from the lowest point to the highest point of the couch, from the farthest position along the positive direction of the Z-axis to the farthest position along the negative direction of the Z-axis,” [0158]; Fig. 6. The second position of the couch is the farthest position along the negative direction of the Z-axis because couch is not being moved any further in the negative direction of the Z-axis. Therefore, the calibration is performed once the couch is in the second position so that the processing device 120 may determine a transforming relationship that is may perform the calibration of the imaging device).
Regarding claim 2, Zhao teaches the method according to claim 1, wherein
the scanned subject is moved to the preset position in a first direction (“the negative direction of the Z-axis,” [0158]; Fig. 6), and the first distance comprises a distance in the first direction from the at least one point of the scanned subject to the reference object (a distance from A1 to R1 in Fig. 6) (“moving the couch … from the farthest position along the positive direction of the Z-axis to the farthest position along the negative direction of the Z-axis,” [0158]; Fig. 6).
Regarding claim 9, Zhao teaches obtaining a second image comprising an examination table (114) for placing the scanned subject (“The processing device 120 may also obtain an image of the subject on the couch 114 of the medical radiation device 110.” [0056]. “The image may include … an image sequence including multiple static images,” [0095]; Fig. 1); and
indicating placement position information of the scanned subject according to the second image (“The image may be acquired by the imaging device 160 when the couch 114 is at a first position. The processing device 120 may determine a position of the scanning range of the subject in the image.” [0056]; “the image (also referred to as a positioning image) may be acquired by an imaging device when the couch is at a first position.” [0093]; “the image may represent the contour (e.g., a 3D contour) of the subject and/or at least a portion of the couch. The image may include … an image sequence including multiple static images,” [0095]; “the image may be acquired from an overlooking view of the subject by the imaging device that is located above the couch.” [0096]; Figs. 1 and 6).
Regarding claim 10, Zhao teaches the method according to claim 1, wherein
when the scanned subject comprises a first scanned subject and a second scanned subject, the method further comprises:
obtaining the first image comprising the reference object, the first scanned subject, and the second scanned subject, and determining the first distance according to the first image, wherein the first distance comprises a distance from at least one point of the first scanned subject to the reference object;
moving the first scanned subject to the preset position according to the first distance and the second distance from the reference object to the preset position;
calibrating a first parameter of the medical imaging system by using the first scanned subject at the preset position;
determining a distance between the first scanned subject and the second scanned subject according to the first image;
moving the second scanned subject to the preset position according to the distance between the first scanned subject and the second scanned subject; and
calibrating a second parameter of the medical imaging system by using the second scanned subject at the preset position (The recitation “when the scanned subject comprises a first scanned subject and a second scanned subject…” is conditional upon the fulfillment of the condition and therefore the limitations that follow the conditional statement will not be considered).
Regarding claim 11, Zhao teaches obtaining a third image (an image with the “position (also referred to as projection position) of the couch in the image” [0163]) comprising the reference object and a marker (“the couch code of the couch 114 may be marked from 0 millimeters to 2000 millimeters” [0057]; Fig. 1), and determining a fifth distance (a distance in millimeters along the couch) from at least one point on the marker (any point marked from 0 millimeters to 2000 millimeters with the exception of R1 in Fig. 6) to the reference object according to the third image (“the couch code of the couch 114 may refer to a scale marked along the long axis of the couch 114 (e.g., the Z-axis)... if a length of the couch is 2 meters, the couch code of the couch 114 may be marked from 0 millimeters to 2000 millimeters according to a millimeter interval from the front end of the couch to the rear end of the couch” [0057]. The reference object corresponds to one of the marks of the scale); and
determining a transformation relationship (“the transforming relationship may be denoted as a transform matrix, a transform function, etc. The transforming relationship may be denoted by the calibration parameters of the imaging device.” [0124]; “the processing device 120 may determine the transforming relationship by solving an equation with the transforming relationship as an unknown item and the spatial position and the corresponding projection position as known items.” [0127]; “the processing device 120 may obtain the transforming relationship from a storage device, a database” [0129]) between a camera coordinate system (“in the image” [0163]) and a medical imaging coordinate system (“the second coordinate system” [0163]) according to the fifth distance and a sixth distance from the reference object to the preset position (a distance from R1 or 670 to 690 in Fig. 6) (“In 802, the processing device 120 (e.g., the obtaining module 410) may obtain a transforming relationship between a first coordinate system applied to the image and a second coordinate system.” [0147]. “The transforming relationship between the first coordinate system and the second coordinate system refers to a corresponding relationship between a position of a part of a subject in the image and the position of the part of the subject in the second coordinate system.” [0148]; “the processing device 120 may transform a position (also referred to as projection position) of the couch in the image to the first position of the couch in the second coordinate system based on the transforming relationship,” [0163]. The sixth distance defines the couch position with respect to the gantry. The transforming relationship transforms the image coordinates into the real space coordinates of the medical radiation device 110; Figs. 1 and 6).
Regarding claim 12, Zhao teaches the method according to claim 11, wherein Zhao teaches that the sixth distance is the second distance, or the sixth distance is a distance obtained by correcting the second distance according to a calibration result of the medical imaging system (the sixth distance is the second distance, i.e., the distance between R1 or 670 and 690 in Fig. 6).
Regarding claim 13, Zhao teaches a medical imaging system (100) (600), characterized by comprising:
a controller (120), configured to perform the calibration method for the medical imaging system according to claim 1 (“The determination of the transforming relationship may also be referred to as the calibration of the imaging device." [0125]; “the processing device 120" [0048]; “the processing device 120 may determine the transforming relationship by solving an equation with the transforming relationship as an unknown item and the spatial position and the corresponding projection position as known items.” [0127]; “the processing device 120 may obtain the transforming relationship from a storage device, a database” [0129]; Fig. 1); and
an examination table (114), configured for placing a scanned subject (630) and moving the scanned subject to a preset position (between P1 and P2 in Fig. 6) (“the medical radiation device 110 may be a medical imaging device configured to scan a subject (or a part of the subject) to acquire image data. In some embodiments, the medical radiation device 110 may include a gantry 111, a detector 112, a couch 114, and a radioactive source 115. The gantry 111 may include a radiation region 113. The subject may be placed on the couch 114 and moved into the radiation region 113 to be scanned.” [0050]; Fig. 1).
Regarding claim 14, Zhao teaches the system according to claim 13, wherein
the controller is further configured to:
obtain a third image (an image with the “position (also referred to as projection position) of the couch in the image” [0163]) comprising the reference object and a marker (“the couch code of the couch 114 may be marked from 0 millimeters to 2000 millimeters” [0057]; Fig. 1), and determine a fifth distance (a distance in millimeters along the couch) from at least one point on the marker (any point marked from 0 millimeters to 2000 millimeters with the exception of R1 in Fig. 6) to the reference object according to the third image (“the couch code of the couch 114 may refer to a scale marked along the long axis of the couch 114 (e.g., the Z-axis)... if a length of the couch is 2 meters, the couch code of the couch 114 may be marked from 0 millimeters to 2000 millimeters according to a millimeter interval from the front end of the couch to the rear end of the couch” [0057]. The reference object corresponds to one of the marks of the scale); and
determine a transformation relationship (“the transforming relationship may be denoted as a transform matrix, a transform function, etc. The transforming relationship may be denoted by the calibration parameters of the imaging device.” [0124]; “the processing device 120 may determine the transforming relationship by solving an equation with the transforming relationship as an unknown item and the spatial position and the corresponding projection position as known items.” [0127]; “the processing device 120 may obtain the transforming relationship from a storage device, a database” [0129]) between a camera coordinate system (“in the image” [0163]) and a medical imaging coordinate system (“the second coordinate system” [0163]) according to the fifth distance and a sixth distance from the reference object to the preset position (a distance from R1 or 670 to 690 in Fig. 6) (“In 802, the processing device 120 (e.g., the obtaining module 410) may obtain a transforming relationship between a first coordinate system applied to the image and a second coordinate system.” [0147]. “The transforming relationship between the first coordinate system and the second coordinate system refers to a corresponding relationship between a position of a part of a subject in the image and the position of the part of the subject in the second coordinate system.” [0148]; “the processing device 120 may transform a position (also referred to as projection position) of the couch in the image to the first position of the couch in the second coordinate system based on the transforming relationship,” [0163]. The sixth distance defines the couch position with respect to the gantry. The transforming relationship transforms the image coordinates into the real space coordinates of the medical radiation device 110; Figs. 1 and 6), wherein the sixth distance is the second distance, or the sixth distance is a distance obtained by correcting the second distance according to a calibration result of the medical imaging system (the sixth distance is the second distance, i.e., the distance between R1 or 670 and 690 in Fig. 6).
Claim Rejections - 35 USC § 103
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.
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 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao as applied to claim 1, and further in view of Wei (US 20230177830), hereinafter, Wei.
Regarding claim 3, Zhao teaches the method according to claim 1, wherein Zhao teaches that the determining the first distance according to the first image comprises:
determining a third distance between a first position of the at least one point of the scanned subject in the first image (A1) and a second position of the reference object in the first image (R1) (a distance from A1, line 640, to R1, 670, in Fig. 6).
While teaching a second height of the scanned subject (“a difference between the distance d1 and the distance d2” [0142]) (“the imaging device may include a depth camera. Depth information of the subject may be obtained. The depth information of the subject may indicate distances between points on the contour profile of the subject and a reference position (e.g., an optical center of the imaging device)… the position of the imaging device may be static during the scanning” [0096]; “the body thickness of the subject may be determined according to the distance d1 and the distance d2. For instance, the body thickness may be a difference between the distance d1 and the distance d2.” [0142]), Zhao does not teach correcting the third distance according to a first height of a photographing unit that captures the first image and a second height of the scanned subject to obtain the first distance.
However, in the computational image analysis field of endeavor, Wei discloses calculating the pixel distance of each feature point and the height thereof (Abstract), which is analogous art. Wei teaches correcting the third distance (the third distance is 0 and corresponds to the rightmost point of c in Fig. 8, which is a projection of the top of the object onto c) according to a first height (z) of a photographing unit (2) (“the photographing unit 2” [0049]) that captures the first image and a second height (h) of the scanned subject to obtain the first distance (the first distance is a projection of (e-d) on c in Fig. 8 and equals to a distance from the object to the rightmost point of c) (“the formula h=z×(e−d)/d preset by the feature point height calculation module 54” [0055]; Figs. 8-9).
Therefore, based on Wei’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Zhao to employ the step of correcting the third distance according to a first height of a photographing unit that captures the first image and a second height of the scanned subject to obtain the first distance, as taught by Wei, in order to facilitate determining distances between image features.
Regarding claim 4, Zhao modified by Wei teaches the method according to claim 3.
Zhao does not teach that the correcting the third distance according to the first height of the photographing unit that captures the first image and the second height of the scanned subject to obtain the first distance comprises:
determining an offset according to the first height, the second height, and a fourth distance between the first position and an image center of the first image; and
correcting the third distance according to the offset to obtain the first distance.
However, in the computational image analysis field of endeavor, Wei discloses calculating the pixel distance of each feature point and the height thereof (Abstract), which is analogous art. Wei teaches determining an offset according to the first height (an offset is a projection of (e-d) on c in Fig. 8 and equals to a distance from the object to the rightmost point of line c), the second height, and a fourth distance (“c”) between the first position and an image center of the first image (an image center is a point directly under the photographing unit 2); and
correcting the third distance according to the offset to obtain the first distance (“the formula h=z×(e−d)/d preset by the feature point height calculation module 54” [0055]. Note that a ratio of the offset to (c) equals to a ratio of h/z in the geometry of Fig. 8 and therefore the offset and the first distance equal to hc/z in this geometry, which is similar to the formula that is disclosed in Wei [0055]).
Therefore, based on Wei’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Zhao to employ the correcting the third distance according to the first height of the photographing unit that captures the first image and the second height of the scanned subject to obtain the first distance that comprises: determining an offset according to the first height, the second height, and a fourth distance between the first position and an image center of the first image; and correcting the third distance according to the offset to obtain the first distance, as taught by Wei, in order to facilitate determining distances between image features.
Regarding claim 5, Zhao modified by Wei teaches the method according to claim 4.
Zhao does not teach that the offset is the ratio of the product of the second height and the fourth distance to the first height.
However, in the computational image analysis field of endeavor, Wei discloses calculating the pixel distance of each feature point and the height thereof (Abstract), which is analogous art. Wei teaches that the offset is the ratio of the product of the second height (h) and the fourth distance (“c”) to the first height (z) (“the formula h=z×(e−d)/d preset by the feature point height calculation module 54” [0055]. Note that a ratio of the offset to (c) equals to a ratio of h/z in the geometry of Fig. 8 and therefore the offset equals to hc/z in this geometry, which is similar to the formula that is disclosed in Wei [0055]).
Therefore, based on Wei’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Zhao to employ the offset that is the ratio of the product of the second height and the fourth distance to the first height, as taught by Wei, in order to facilitate determining distances between image features.
Regarding claim 6, Zhao modified by Wei teaches the method according to claim 4.
Zhao does not teach that when the first position and the reference object are located on the same side of the image center, the first distance is a sum of the third distance and the offset; or
when the first position and the reference object are located on different sides of the image center, the first distance is a difference between the third distance and the offset..
However, in the computational image analysis field of endeavor, Wei discloses calculating the pixel distance of each feature point and the height thereof (Abstract), which is analogous art. Wei teaches that when the first position and the reference object are located on the same side of the image center (within the triangle in Fig. 8), the first distance is a sum of the third distance (the third distance is 0 and corresponds to the rightmost point of line c in Fig. 8, which is a projection of the highest point of the object onto line c when looking from the photographing unit 2) and the offset (The first distance equals to the offset in the geometry of Fig. 8. However, if the reference object is placed further to the right with respect to the object, the third distance would not be zero, and the first distance would be a sum of the third distance and the offset as claimed. For example, the reference object could be placed in the bottom right corner of the projection of square S in Fig. 9).
Therefore, based on Wei’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Zhao to employ when the first position and the reference object are located on the same side of the image center, the first distance that is a sum of the third distance and the offset; or when the first position and the reference object are located on different sides of the image center, the first distance that is a difference between the third distance and the offset, as taught by Wei, in order to facilitate determining distances between image features.
Regarding claim 7, Zhao modified by Wei teaches the method according to claim 3, wherein Zhao teaches that the first height and the second height are heights with respect to a same reference plane (“The body thickness of the subject refers to a body length of the subject along the Y-axis (i.e., a direction perpendicular to the surface of the couch). In some embodiments, the depth information of the image may include a distance from a surface of the subject not in contact with the couch (i.e., the upper surface) to the imaging device… the processing device 120 may determine, based on the body thickness of the subject, the second position of the couch in a vertical direction perpendicular to the horizontal plane (i.e., in the Y-axis).” [0142]. A same reference plane is a couch plane or a plane that is parallel to the couch plane).
Regarding claim 8, Zhao modified by Wei teaches the method according to claim 7, wherein Zhao teaches that the reference object is at the same height as the reference plane (“The coordinates (or couch code) of the couch in the second coordinate system may be expressed by position coordinates of a reference point of the couch in the second coordinate system, such as position coordinates of a center point 660 of the couch in an X-Z plane or other any point (e.g., a point 670, a point 680, etc.) as shown in FIG. 6.” [0175]. “The reference point 670 on the couch may be used to describe the position of the couch in the image or the second coordinate system.” [0180] The reference plane is a couch plane, the X-Z plane, with Y=0); or
the reference object is an edge of a bridge of the medical imaging system; or
the reference plane is a surface of an examination table of the medical imaging system for placing the scanned subject (“the imaging device may be disposed of above the couch. Therefore, the image may be acquired from an overlooking view of the subject by the imaging device that is located above the couch… the imaging device may be fixed above the couch. That is, a position of the imaging device may be fixed to the medical radiation device (e.g., a portion of the medical radiation device 110). Therefore, the position of the imaging device may be static during the scanning” [0096]. “The body thickness of the subject refers to a body length of the subject along the Y-axis (i.e., a direction perpendicular to the surface of the couch)… the depth information of the image may include a distance from a surface of the subject not in contact with the couch (i.e., the upper surface) to the imaging device… the processing device 120 may determine, based on the body thickness of the subject, the second position of the couch in a vertical direction perpendicular to the horizontal plane (i.e., in the Y-axis).” [0142]. The reference plane is a couch plane in the first position, i.e., a surface of an examination table).
Conclusion
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798
Prosecution Insights