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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an imaging unit” in claim 12, line 2; and “an image reconstruction unit” in claim 12, line 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Corresponding structure for “an imaging unit” appears to be an “MRI apparatus” as disclosed in at least Applicant’s originally filed specification (filed 7/22/25) paragraph [0050]. Corresponding structure for “an image reconstruction unit” appears to be an “MRI apparatus” as disclosed in at least Applicant’s specification paragraph [0050].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-5 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomiha et al. (U.S. Pub. No. 2017/0343626), hereinafter “Tomiha.”
Regarding claim 1, Tomiha discloses a medical imaging support device (memory circuitry and processing circuitry cooperate to determine the protocol for medical imaging, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], Fig. 1) comprising:
a processor (processing circuitry is a processor, [0042]);
a first memory that stores a program to be executed by the processor (processing circuitry is a processor that has memory storing a program to be executed by the processor, [0042]-[0050]); and
a second memory that stores a correspondence relationship between a type of a receive coil and a plurality of steps of determining a body position of a subject (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C),
wherein the processor (processing circuitry is a processor, [0042]) is configured to:
acquire receive coil information indicating a type of a receive coil used to capture a medical image of the subject (processing circuitry acquires coil classification information indicating a type of a receiver coil used to capture a medical image of the subject, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], Fig. 1);
determine whether or not the plurality of steps need to be performed according to the receive coil information (determine whether or not the plurality of steps to determine the body position of a subject need to be performed according to the coil classification information, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], [0121]-[0128], [0129]-[0136], [0141]-[0144]); and
perform a step determined to need to be performed (perform a step to determine the body position of a subject, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], [0121]-[0128], [0129]-[0136], [0141]-[0144]).
Regarding claim 2, Tomiha discloses wherein the second memory stores, as the plurality of steps (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C), a first step of determining the body position of the subject according to the type of the receive coil (a first step of determining the body position of the subject according to the type of the receiver coil, [0121]-[0128]) and a second step of determining the body position of the subject according to a connection position of the receive coil in a bed (a second step of determining the body position of the subject according to a position at which the receiver coil is connected in a top plate of a couch, [0129]-[0136], Fig. 1), and
the processor is configured to perform the second step in a case where the body position of the subject is not determined in the first step (processing circuitry is a processor configured to perform the second step in a case where the body position, e.g., body posture and direction, of the subject is not determined in the first step, [0042], [0129]-[0136]).
Regarding claim 3, Tomiha discloses wherein the processor (processing circuitry is a processor, [0042]) is configured to:
acquire receive coil connection position information indicating to which of a plurality of second terminals disposed at different positions of the bed a first terminal provided in an electric wire of the receive coil is connected (acquire a position at which the receiver coil is connected indicating to which of a plurality of ports disposed at different positions of the top plate of the couch a connector part in a wire of the receiver coil is connected, [0030], [0129]-[0136], Figs 8A-8B); and
perform the second step using the receive coil connection position information (a second step of determining the body position of the subject according to a position at which the receiver coil is connected in a top plate of a couch, [0129]-[0136], Fig. 1).
Regarding claim 4, Tomiha discloses wherein the second memory stores, as the plurality of steps (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C), a third step of determining the body position of the subject based on at least one of subject feature information indicating a feature of the subject or receive coil feature information indicating a structural feature of the receive coil attached to the subject (a third step of determining the body position of the subject based on at least one of image recognition information indicating a feature of the subject or image recognition information indicating a structural feature of the receiver coil attached to the subject, [0142]-[0144]), and
the processor (processing circuitry is a processor, [0042]) is configured to:
acquire at least one of the subject feature information or the receive coil feature information (acquire at least one of the subject feature information or the receiver coil feature information, [0142]-[0144]); and
perform the third step in a case where the body position of the subject is not determined in the second step (perform the third step in a case where the body position of the subject is not determined in the second step, [0142]-[0144]).
Regarding claim 5, Tomiha discloses wherein the subject feature information includes a physical feature of the subject obtained by analyzing a captured image of the subject (image recognition includes a physical feature of the subject obtained by analyzing a captured image of the subject, [0143]-[0144]).
Regarding claim 8, Tomiha discloses wherein the receive coil feature information is generated based on an analysis result of a captured image of the receive coil attached to the subject (receiver coil feature information is generated based on image recognition analysis of a captured image of the receiver coil attached to the subject, [0143]-[0144]).
Regarding claim 9, Tomiha discloses wherein the processor is configured to perform update of the correspondence relationship to add a type of a receive coil that is not stored in the second memory (the processing circuitry is a processor configured to perform an update of the correspondence relationship to add a newly added receiver coil type that is not stored in the memory circuitry, [0042], [0083]-[0088], [0103], [0125]).
Regarding claim 10, Tomiha discloses wherein the processor is configured to update the correspondence relationship based on information of a step of determining the body position of the subject used in a facility in which a medical imaging apparatus is provided (the processing circuitry is a processor configured to update the correspondence relationship based on the use history of the protocol in past examinations including information of a step of determining the body position of the subject in a facility in which a medical imaging apparatus is provided, [0042], [0137]-[0140]).
Claim 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomiha.
Regarding claim 12, Tomiha discloses a medical imaging apparatus (a magnetic resonance imaging apparatus, Abstract) comprising:
an imaging unit that images a subject and generates imaging data of the subject (MRI apparatus images a subject and generates imaging data of the subject, Abstract, [0023]-[0032], [0042]-[0046]);
an image reconstruction unit that generates a reconstruction based on the imaging data (processing circuitry generates a reconstruction based on the imaging data, [0023]-[0032], [0042]-[0046]; and
the medical imaging support device according to claim 1 (see rejection of claim 1 above).
Claims 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomiha.
Regarding claim 13, Tomiha discloses a method for operating a medical imaging support device (method using the memory circuitry and processing circuitry that cooperate to determine the protocol for medical imaging, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], [0078], Fig. 1), the method being executed by a computer (processing circuitry is a processor which includes computers such as a CPU that has memory storing a program to be executed by the processor to perform the method, [0042]-[0050]) that includes a second memory storing a correspondence relationship between a type of a receive coil and a plurality of steps of determining a body position of a subject (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C) and that functions as the medical imaging support device (memory circuitry and processing circuitry cooperate to determine the protocol for medical imaging, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], Fig. 1), the method comprising:
acquiring by the computer, receive coil information indicating a type of a receive coil used to capture a medical image of the subject (processing circuitry is a processor which includes computers such as a CPU that acquires coil classification information indicating a type of a receiver coil used to capture a medical image of the subject, Abstract, [0021], [0030]-[0031], [0040]-[0050], [0053]-[0060], Fig. 1);
determining by the computer, whether or not the plurality of steps need to be performed according to the receive coil information (processing circuitry is a processor which includes computers such as a CPU that determines whether or not the plurality of steps to determine the body position of a subject need to be performed according to the coil classification information, Abstract, [0021], [0030]-[0031], [0040]-[0050], [0053]-[0060], [0121]-[0128], [0129]-[0136], [0141]-[0144]); and
performing by the computer, a step determined to need to be performed (processing circuitry is a processor which includes computers such as a CPU that performs a step to determine the body position of a subject, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], [0121]-[0128], [0129]-[0136], [0141]-[0144]).
Regarding claim 14, Tomiha discloses wherein the second memory stores, as the plurality of steps (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C), a first step of determining the body position of the subject according to the type of the receive coil (a first step of determining the body position of the subject according to the type of the receiver coil, [0121]-[0128]) and a second step of determining the body position of the subject according to a connection position of the receive coil in a bed (a second step of determining the body position of the subject according to a position at which the receiver coil is connected in a top plate of a couch, [0129]-[0136], Fig. 1), and
the method further comprises:
performing by the computer, the second step in a case where the body position of the subject is not determined in the first step (processing circuitry is a processor which includes computers such as a CPU configured to perform the second step in a case where the body position, e.g., body posture and direction, of the subject is not determined in the first step, [0042]-[0050], [0129]-[0136]).
Regarding claim 15, Tomiha discloses acquiring by the computer, receive coil connection position information indicating to which of a plurality of second terminals disposed at different positions of the bed a first terminal provided in an electric wire of the receive coil is connected (processing circuitry is a processor which includes computers such as a CPU that acquires a position at which the receiver coil is connected indicating to which of a plurality of ports disposed at different positions of the top plate of the couch a connector part in a wire of the receiver coil is connected, [0030], [0042]-[0050], [0129]-[0136], Figs 8A-8B); and
performing by the computer, the second step using the receive coil connection position information (processing circuitry is a processor which includes computers such as a CPU configured to perform a second step of determining the body position of the subject according to a position at which the receiver coil is connected in a top plate of a couch, [0129]-[0136], Fig. 1).
Regarding claim 16, Tomiha discloses wherein the second memory stores, as the plurality of steps (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C), a third step of determining the body position of the subject based on at least one of subject feature information indicating a feature of the subject or receive coil feature information indicating a structural feature of the receive coil attached to the subject (a third step of determining the body position of the subject based on at least one of image recognition information indicating a feature of the subject or image recognition information indicating a structural feature of the receiver coil attached to the subject, [0142]-[0144]), and
the method further comprises:
acquiring by the computer, at least one of the subject feature information or the receive coil feature information (processing circuitry is a processor which includes computers such as a CPU that acquires at least one of the subject feature information or the receiver coil feature information, [0142]-[0144]); and
performing by the computer, the third step in a case where the body position of the subject is not determined in the second step (processing circuitry is a processor which includes computers such as a CPU that performs the third step in a case where the body position of the subject is not determined in the second step, [0142]-[0144]).
Claims 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomiha.
Regarding claim 17, Tomiha discloses a non-transitory, computer readable tangible recording medium which records thereon a program for causing a computer (a processing circuitry is a processor that saves a program for causing a computer such as a CPU to execute the program, [0042]-[0050]) that includes a second memory storing a correspondence relationship between a type of a receive coil and a plurality of steps of determining a body position of a subject (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C) and that functions as a medical imaging support device (memory circuitry and processing circuitry cooperate to determine the protocol for medical imaging, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], Fig. 1) to implement:
a function of acquiring receive coil information indicating a type of a receive coil used to capture a medical image of the subject (processing circuitry acquires coil classification information indicating a type of a receiver coil used to capture a medical image of the subject, Abstract, [0021], [0030]-[0031], [0040]-[0050], [0053]-[0060], Fig. 1);
a function of determining whether or not the plurality of steps need to be performed according to the receive coil information (processing circuitry determines whether or not the plurality of steps to determine the body position of a subject need to be performed according to the coil classification information, Abstract, [0021], [0030]-[0031], [0040]-[0050], [0053]-[0060], [0121]-[0128], [0129]-[0136], [0141]-[0144]); and
a function of performing a step determined to need to be performed (processing circuitry performs a step to determine the body position of a subject, Abstract, [0021], [0030]-[0031], [0040]-[0045], [0053]-[0060], [0121]-[0128], [0129]-[0136], [0141]-[0144]).
Regarding claim 18, Tomiha discloses wherein the second memory stores, as the plurality of steps (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C), a first step of determining the body position of the subject according to the type of the receive coil (a first step of determining the body position of the subject according to the type of the receiver coil, [0121]-[0128]) and a second step of determining the body position of the subject according to a connection position of the receive coil in a bed (a second step of determining the body position of the subject according to a position at which the receiver coil is connected in a top plate of a couch, [0129]-[0136], Fig. 1), and
the program further causes the computer (a processing circuitry is a processor that saves a program for causing a computer such as a CPU to execute the program, [0042]-[0050]) to implement:
a function of performing the second step in a case where the body position of the subject is not determined in the first step (processing circuitry performs the second step in a case where the body position, e.g., body posture and direction, of the subject is not determined in the first step, [0042]-[0050], [0129]-[0136]).
Regarding claim 19, Tomiha discloses wherein the program further causes the computer (a processing circuitry is a processor that saves a program for causing a computer such as a CPU to execute the program, [0042]-[0050]) to implement:
a function of acquiring receive coil connection position information indicating to which of a plurality of second terminals disposed at different positions of the bed a first terminal provided in an electric wire of the receive coil is connected (processing circuitry acquires a position at which the receiver coil is connected indicating to which of a plurality of ports disposed at different positions of the top plate of the couch a connector part in a wire of the receiver coil is connected, [0030], [0042]-[0050], [0129]-[0136], Figs 8A-8B); and
a function of performing the second step using the receive coil connection position information (processing circuitry configured to perform a second step of determining the body position of the subject according to a position at which the receiver coil is connected in a top plate of a couch, [0129]-[0136], Fig. 1).
Regarding claim 20, Tomiha discloses wherein the second memory stores, as the plurality of steps (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C), a third step of determining the body position of the subject based on at least one of subject feature information indicating a feature of the subject or receive coil feature information indicating a structural feature of the receive coil attached to the subject (a third step of determining the body position of the subject based on at least one of image recognition information indicating a feature of the subject or image recognition information indicating a structural feature of the receiver coil attached to the subject, [0142]-[0144]), and
the program further causes the computer (a processing circuitry is a processor that saves a program for causing a computer such as a CPU to execute the program, [0042]-[0050]) to implement:
a function of acquiring at least one of the subject feature information or the receive coil feature information (processing circuitry acquires at least one of the subject feature information or the receiver coil feature information, [0142]-[0144]); and
a function of performing the third step in a case where the body position of the subject is not determined in the second step (processing circuitry performs the third step in a case where the body position of the subject is not determined in the second step, [0142]-[0144]).
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.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Tomiha as in claim 4 above, and further in view of Ohno et al. (JP2022088166A), hereinafter “Ohno.”
Regarding claim 6, while Tomiha discloses the subject feature information includes a result of image recognition on a captured image of the subject (image recognition includes a physical feature of the subject obtained by analyzing a captured image of the subject, [0143]-[0144]), Tomiha does not appear to disclose the subject feature information includes a result of face recognition on a captured image of the subject.
However, in the same field of endeavor of determining body position of the subject for medical imaging, Ohno teaches the subject feature information includes a result of face recognition on a captured image of the subject (body position of the subject includes a result of face recognition on a captured image of the subject, [0057]-[0058]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Ohno’s known technique of determining the body position of the subject using face recognition on a captured image of the subject to Tomiha’s known apparatus for determining the body position of the subject using image recognition on a captured image of the subject to achieve the predictable result that the recognition reduces or prevents imaging errors and reduces the burden on the technician and the patient by ensuring the correct imaging protocol is implemented for the subject body position. See, e.g., Ohno, [0078].
Regarding claim 7, Tomiha does not appear to disclose the processor is configured to determine a posture of the subject placed on the bed based on the result of the face recognition in the third step.
However, in the same field of endeavor of determining body position of the subject for medical imaging, Ohno teaches the processor (processing circuitry is a processor, [0014], [0017], [0036]-[0040]) is configured to determine a posture of the subject placed on the bed based on the result of the face recognition in the third step (recognition function of the processing circuitry is configured to determine a posture of the subject placed on the couch based on the result of the face recognition in the third step, [0025]-[0026], [0057]-[0058], Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Ohno’s known technique of determining the body position of the subject using face recognition on a captured image of the subject to Tomiha’s known apparatus for determining the body position of the subject using image recognition on a captured image of the subject to achieve the predictable result that the recognition reduces or prevents imaging errors and reduces the burden on the technician and the patient by ensuring the correct imaging protocol is implemented for the subject body position. See, e.g., Ohno, [0078].
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tomiha as in claim 1 above, and further in view of List (U.S. Pub. No. 2008/0104533), hereinafter “List.”
Regarding claim 11, while Tomiha discloses the second memory stores the correspondence relationship (memory circuitry is a memory that stores a correspondence relationship between a type of a receiver coil and a plurality of steps of determining a body position of a subject, [0040], [0044]-[0045], [0081]-[0082], [0123]-[0127], [0129]-[0136], [0141]-[0144], Figs. 7 and 8C), Tomiha does not appear to disclose the second memory stores the correspondence relationship for each operator, and the processor is configured to: acquire operator information; and refer to the correspondence relationship based on the operator information.
However, in the same field of endeavor of magnetic resonance imaging and being reasonably pertinent to the problem of storing and retrieving user specified protocols, List teaches a memory stores a relationship for each operator (a databank stores a user-specific protocol data set, [0042]-[0044]; see also computer and computer storage medium, Abstract, [0002], [0034]), and
the processor (computer and computer storage medium, Abstract, [0002], [0034]) is configured to:
acquire operator information (user input provides for selection of user-specific protocol data set, [0042]-[0044]); and
refer to the relationship based on the operator information (user input provides for selection of user-specific protocol data set, [0042]-[0044]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied List’s known technique of storing and retrieving user-specific protocols to Tomiha’s known apparatus having memory circuitry that stores the correspondence relationship for the protocol to achieve the predictable result that providing a plurality of user-specific protocols allows for a change in the user without requiring restart of the application thereby increasing the performance of the imaging system. See, e.g., List, [0024].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Imai et al. (U.S. Pub. No. 2018/0329004) discloses determining the body position based on the type of the local coil.
Hoff et al. (U.S. Pub. No. 2015/0338484) discloses determining the body position based on the type of local coil and the local coil slot position as well as logging the local coil usage history.
Wang et al. (U.S. Pub. No. 2012/0089011) discloses determining the body position based on the type of a coil.
Sacolick et al. (U.S. Pub. No. 2022/0283253) discloses determining the body position based on image recognition of an image captured of the subject.
Xiong et al. (U.S. Pub. No. 2021/0330272) discloses determining the body position based on image recognition of an image captured of the subject.
Bu et al. (U.S. Pub. No. 2023/0290053) discloses determining the body position based on image recognition of an image captured of the subject.
Faber et al. (U.S. Pub. No. 2006/0264737) discloses determining the body position based on image recognition of an image captured of the subject.
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/Johnathan Maynard/Examiner, Art Unit 3798