US 10863950

Here is a concise summary of US patent 10863950:

US Patent 10863950

• Title: Methods and systems for retrospective internal gating
• Assignee: Memorial Sloan Kettering Cancer Center
• Inventor: Adam L. Kesner
• Filing Date: April 25, 2019
• Issue Date: December 15, 2020
• Abstract: The invention describes a method for reconstructing respiratory-gated PET images from raw PET data. It uses respiratory motion information derived from individual voxel signal fluctuations to create usable respiratory phase information. This method allows for the reconstruction of respiratory-gated PET images without external hardware and in a fully automated manner.

Plain-Language Overview of Independent Claims:

• Independent Claim 1 (Method Claim): This claim describes a method for motion correction in imaging. It involves several steps:

  1. Acquiring image data: Taking images at different times (t1 to tn) of a moving object.
  2. Extracting information: Getting data from multiple "arrays" (which can be understood as voxels or regions of interest) within the image data.
  3. Generating a motion function: Creating a function that shows how the object moves over time, based on the extracted information from these arrays.
  4. Determining phase information: Using this motion function to figure out the different phases of the object's movement (e.g., phases of a breathing cycle).
  5. Generating a corrected image: Producing at least one image that accounts for and corrects the object's motion, using the determined motion phase information and the original image data.

• Independent Claim 21 (Non-transitory Computer-Readable Medium Claim): This claim describes a computer program stored on a non-transitory computer-readable medium (like a hard drive or flash drive). When this program is run by one or more processors, it instructs a machine to perform the exact same steps as described in Independent Claim 1:

  1. Acquire image data.
  2. Extract information for a plurality of arrays.
  3. Generate a time-varying object motion function.
  4. Determine phase information for motion.
  5. Generate at least one image correcting for the motion.

• Independent Claim 22 (System Claim): This claim describes a system that includes one or more processors and a non-transitory computer-readable medium with stored instructions. When these instructions are executed by the processors, they cause the system to perform the exact same steps as described in Independent Claim 1:

  1. Acquire image data.
  2. Extract information for a plurality of arrays.
  3. Generate a time-varying object motion function.
  4. Determine phase information for motion.
  5. Generate at least one image correcting for the motion.

Uncertainty Note:
No active litigation for patent US10863950 was found in the CAFC 2026 dockets. The information regarding the patent's details (title, assignee, inventor, dates, abstract) is derived directly from the provided authoritative patent text.

As of April 26, 2026, there is no known litigation involving US patent 10863950 in the CAFC dockets or through a search of patent litigation databases like Unified Patents.

The initial check of the "PTAB proceedings on file" block indicated no AIA trial proceedings for US patent 10863950 as of the most recent ingest. My web search confirms this finding; I did not find any specific IPR, PGR, or CBM cases directly challenging US Patent 10863950 in the search results. The results provided general information about PTAB proceedings and examples of other cases, but none directly pertained to the patent in question.

Proceedings overview

There are no AIA trial proceedings (Inter Partes Review, Post-Grant Review, or Covered Business Method review) on file for US patent 10863950. This means the patent has not been challenged in the Patent Trial and Appeal Board (PTAB) through these mechanisms. The absence of such proceedings indicates that, from a PTAB perspective, the patent claims remain untested and the patent owner's defensive posture is robust against these specific types of challenges.

Strategic summary

As of today, 2026-06-02, all claims of US patent 10863950 are UNTESTED by AIA trial proceedings. This means there have been no IPRs, PGRs, or CBMs filed against this patent, and consequently, no claims have been canceled or sustained by the PTAB.

The estoppel landscape under § 315(e)(2) is not currently relevant for US10863950, as no petitioner has initiated an AIA trial against it. Therefore, all prior-art grounds remain potentially available for a future challenger in other venues (e.g., district court litigation, or if an IPR were to be filed in the future). There is no pattern of challenges or appeals to analyze, nor any indication of defensive aggregators being involved with this specific patent through PTAB actions.

Recommended next steps

Given the absence of PTAB activity for US patent 10863950, the recommended next steps for a potential defendant would be:

• Conduct a thorough prior art search: Since the patent's validity has not been tested in an IPR, PGR, or CBM, a defendant would need to perform their own comprehensive prior art search to assess the patent's strength and identify potential invalidity grounds under 35 U.S.C. §§ 102 and 103.
• Evaluate potential IPR/PGR viability: If a robust prior art landscape is identified, consider whether filing an IPR or PGR petition would be a viable strategy to challenge the patentability of the claims. This would involve assessing whether the prior art is strong enough to meet the institution threshold and the higher "preponderance of the evidence" standard for unpatentability at the PTAB.
• Monitor for future PTAB filings: Stay vigilant for any newly filed IPR, PGR, or CBM petitions against US10863950, as the landscape can change rapidly. The absence of PTAB activity can be a signal, but it does not guarantee that challenges will not arise in the future, especially if the patent becomes the subject of assertion in district court.

Inventors

• Adam L. Kesner (Memorial Sloan Kettering Cancer Center)

Original assignee

The original assignee, Memorial Sloan Kettering Cancer Center, is a prominent cancer treatment and research institution. Their primary line of business is patient care, research, and education in the field of oncology. Given their mission, it is highly probable that they shipped (i.e., used and developed) products and methods embodying the claims within their medical practice and research, specifically in advanced imaging for cancer diagnosis and treatment planning. Memorial Sloan Kettering Cancer Center is currently operating.

Assignment timeline

• 2024-05-30 (executed) / recorded 2024-05-30 — Reel 067574/0953
  • Conveyance: Assignment
  • Assignor: Kesner, Adam
  • Assignee: Memorial Sloan Kettering Cancer Center, New York
  • Correspondent: KATTEN MUCHIN ROSENMAN LLP, 575 MADISON AVENUE, NEW YORK, NEW YORK, 10022-2585. This correspondent firm may have appeared on other tracked patents.
  • Context: Internal transfer/reassignment of inventor's interest to the original assignee.

Timeline diagram

timeline
    title Ownership of US 10863950
    2019 : Filed by Memorial Sloan Kettering Cancer Center
    2020 : Issued
    2024 : Inventor assigned to Memorial Sloan Kettering Cancer Center

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The patent was assigned from the inventor to Memorial Sloan Kettering Cancer Center, an operating entity.
2. Known asserter in the chain — not present. Memorial Sloan Kettering Cancer Center is not a known patent asserter.
3. Repeat correspondent across the chain — unclear. Katten Muchin Rosenman LLP acted as correspondent for the 2024-05-30 assignment. Without further data on other tracked patents, it's unclear if this represents a repeat pattern.
4. Cascading transfers — not present. Only one assignment from the inventor to the original assignee is recorded.
5. Pre-litigation transfer — not present. There is no indication of litigation immediately following the recorded assignment.
6. Bankruptcy fire-sale — not present. Memorial Sloan Kettering Cancer Center is an active institution, and the assignment is an internal transfer from the inventor.
7. Privateering — not present. The assignment is to the original assignee, an operating entity.
8. Defensive aggregator (anti-NPE) — not present. The assignee is Memorial Sloan Kettering Cancer Center, not a defensive aggregator.

Verdict

Insufficient data. Only one assignment is recorded, which is an internal transfer from the inventor to the original assignee, Memorial Sloan Kettering Cancer Center. This single event does not provide enough information to identify any NPE or patent-troll patterns.

Verification: https://assignmentcenter.uspto.gov/

Here is an analysis of the prior art citations for US patent 10863950, focusing on their potential anticipation under 35 U.S.C. § 102. The independent claims of US10863950, which define the invention, broadly cover:

1. Acquiring image data of a moving object over time.
2. Extracting information from a plurality of arrays (e.g., voxels) derived from this image data.
3. Generating a time-varying object motion function based on this extracted information.
4. Determining phase information for the object's motion using this function.
5. Generating motion-corrected images using the determined phase information and acquired image data.

A key distinguishing feature emphasized in US10863950's abstract and description is "retrospective internal gating," meaning motion correction derived solely from the image data itself, without external hardware, and in an automated manner, particularly using "individual voxel signal fluctuations."

The following is a list of all patents cited by US10863950, with their details and an assessment of their potential relevance as prior art.

Prior Art Citations for US10863950

1. US6144874A

• Full Citation: US6144874A, "Respiratory gating method for MR imaging," General Electric Company.
• Publication/Filing Date: Publication: 2000-11-07.
• Brief Description: This patent describes a method for gating magnetic resonance (MR) images based on respiratory motion.
• Potential Anticipation (35 U.S.C. § 102): This patent broadly anticipates the concept of "gating" for respiratory motion correction in medical imaging. It likely covers the general idea of acquiring image data, determining motion phases, and generating corrected images. Specific details on how motion information is derived (e.g., internal voxel fluctuation analysis) would determine the extent of anticipation of claims 1, 21, and 22.

2. US6298260B1

• Full Citation: US6298260B1, "Respiration responsive gating means and apparatus and methods using the same," St. Jude Children's Research Hospital.
• Publication/Filing Date: Publication: 2001-10-02.
• Brief Description: Describes means and methods for gating imaging based on respiration.
• Potential Anticipation (35 U.S.C. § 102): Similar to US6144874A, this patent broadly anticipates the concept of respiratory gating for motion correction (claims 1, 21, 22). The specific "gating means" employed would dictate whether it anticipates the "internal" and "voxel fluctuation" aspects of US10863950.

3. US6501981B1

• Full Citation: US6501981B1, "Apparatus and method for compensating for respiratory and patient motions during treatment," Accuray, Inc.
• Publication/Filing Date: Publication: 2002-12-31.
• Brief Description: This patent describes a system and method for compensating for patient motion, including respiratory motion, particularly relevant during medical treatment.
• Potential Anticipation (35 U.S.C. § 102): This broadly anticipates the objective of motion compensation in medical settings (claims 1, 21, 22). The specific mechanism for detecting and compensating for motion would define the degree of anticipation.

4. US6539074B1

• Full Citation: US6539074B1, "Reconstruction of multislice tomographic images from four-dimensional data," General Electric Company.
• Publication/Filing Date: Publication: 2003-03-25.
• Brief Description: This patent addresses the reconstruction of tomographic images using four-dimensional (3D + time) data.
• Potential Anticipation (35 U.S.C. § 102): This patent potentially anticipates the step of "acquiring image data corresponding to times t1...tn" and aspects of "generating at least one image" from temporal data (claims 1, 21, 22). Its relevance for anticipation depends on whether its reconstruction method implicitly or explicitly incorporates internal motion correction using the 4D data.

5. US6556695B1

• Full Citation: US6556695B1, "Method for producing high resolution real-time images, of structure and function during medical procedures," Mayo Foundation For Medical Education And Research.
• Publication/Filing Date: Publication: 2003-04-29.
• Brief Description: Describes a method for generating high-resolution real-time images in medical procedures.
• Potential Anticipation (35 U.S.C. § 102): Less direct anticipation of specific motion gating mechanisms. It relates to improving image quality from temporal data, which is a broader goal shared by US10863950.

6. US20040218794A1

• Full Citation: US20040218794A1, "Method for processing perfusion images," Yi-Hsuan Kao.
• Publication/Filing Date: Publication: 2004-11-04.
• Brief Description: This patent describes a method for processing perfusion images.
• Potential Anticipation (35 U.S.C. § 102): This is less directly related to motion correction or gating and is unlikely to anticipate the core claims of US10863950.

7. US20050123183A1 (Most Relevant)

• Full Citation: US20050123183A1, "Data driven motion correction for nuclear imaging," Paul Schleyer.
• Publication/Filing Date: Publication: 2005-06-09. Priority: 2003-09-02.
• Brief Description: This patent describes a method for "data driven motion correction" specifically for "nuclear imaging" (which includes PET, a focus of US10863950). "Data driven" strongly implies deriving motion information directly from the image data itself, aligning with US10863950's "internal gating."
• Potential Anticipation (35 U.S.C. § 102): This is highly relevant prior art due to its earlier priority date (2003-09-02) compared to US10863950's 2007-05-04 priority date. It potentially anticipates the core steps of independent claims 1, 21, and 22, especially: "acquiring image data," "extracting information for a plurality of arrays derived from the image data," "generating a time varying object motion function based on the extracted information," "determining, using the time varying object motion function, phase information for motion," and "generating at least one image correcting for the motion" where the correction is derived internally from the data. The specific novelty of US10863950 would likely lie in its detailed algorithmic implementation, such as the use of specific weighting factors, frequency filtering, and the iterative method for synthesizing the motion function described in US10863950's specification.

8. US20070081704A1

• Full Citation: US20070081704A1, "System, program product, and methods for attenuation correction of emission data on PET/CT and SPECT/CT," The University Of Texas System.
• Publication/Filing Date: Publication: 2007-04-12.
• Brief Description: This patent focuses on attenuation correction in PET/CT and SPECT/CT imaging.
• Potential Anticipation (35 U.S.C. § 102): This patent is directed to attenuation correction, not motion correction or gating, and thus is unlikely to anticipate the core claims of US10863950.

9. US20070127797A1

• Full Citation: US20070127797A1, "Methods and systems to facilitate reducing banding artifacts in images," General Electric Company.
• Publication/Filing Date: Publication: 2007-06-07.
• Brief Description: This patent describes methods and systems for reducing banding artifacts in images.
• Potential Anticipation (35 U.S.C. § 102): While artifacts can stem from motion, this patent does not specify motion as the source of artifacts or a gating method as the solution. It is unlikely to anticipate the core claims of US10863950.

10. US20070237372A1

• Full Citation: US20070237372A1, "Cross-time and cross-modality inspection for medical image diagnosis," Shoupu Chen.
• Publication/Filing Date: Publication: 2007-10-11.
• Brief Description: This patent relates to inspecting medical images across different times and modalities for diagnosis.
• Potential Anticipation (35 U.S.C. § 102): This patent focuses on image inspection and diagnosis rather than active motion correction by gating, making it unlikely to anticipate the core claims.

11. US7359535B2 (Most Relevant)

• Full Citation: US7359535B2, "Systems and methods for retrospective internal gating," Ge Medical Systems Global Technology Company, Llc.
• Publication/Filing Date: Publication: 2008-04-15. Priority: 2003-06-20.
• Brief Description: The title of this patent is strikingly similar to US10863950, specifically mentioning "retrospective internal gating." It has a significantly earlier priority date (2003-06-20) than US10863950 (2007-05-04).
• Potential Anticipation (35 U.S.C. § 102): This is extremely relevant prior art and poses a substantial challenge to the novelty of US10863950. It likely anticipates all high-level elements of independent claims 1, 21, and 22, including: "acquiring image data," "extracting information... derived from the image data" (due to "internal"), "generating a time varying object motion function," "determining phase information," and "generating at least one image correcting for the motion" (due to "retrospective internal gating"). The patentability of US10863950 would heavily rely on specific, non-obvious details of the algorithmic implementation for generating the motion function from voxel data (e.g., the specific weighting factors, filtering techniques, and the iterative optimization process illustrated in FIG. 3 of US10863950).

12. US20080226149A1

• Full Citation: US20080226149A1, "Motion Compensation in Functional Imaging," Hans-Aloys Wischmann.
• Publication/Filing Date: Publication: 2008-09-18.
• Brief Description: This patent addresses motion compensation in the context of functional imaging.
• Potential Anticipation (35 U.S.C. § 102): Its publication date is after US10863950's priority date. To be prior art, its priority date must be earlier than 2007-05-04. If so, it broadly anticipates motion compensation, but its specific method would determine detailed anticipation.

13. US20080253636A1

• Full Citation: US20080253636A1, "Respiratory motion extraction from tomographic projection and image data," Deller Timothy W.
• Publication/Filing Date: Publication: 2008-10-16.
• Brief Description: This patent focuses on extracting respiratory motion directly from tomographic projection and image data. This is very pertinent to US10863950's approach.
• Potential Anticipation (35 U.S.C. § 102): This publication date is after US10863950's priority date. However, it is a continuation of an application that matured into US8229187B2 (listed below), which has an earlier priority date.

14. US20090076369A1

• Full Citation: US20090076369A1, "Method For Reducing Motion Artifacts In Highly Constrained Medical Images," Mistretta Charles A.
• Publication/Filing Date: Publication: 2009-03-19.
• Brief Description: This patent describes a method for reducing motion artifacts in medical images.
• Potential Anticipation (35 U.S.C. § 102): Its publication date is after US10863950's priority date. If its priority date is earlier than 2007-05-04, it broadly anticipates the goal of motion artifact reduction.

15. US7574249B2 (Most Relevant)

• Full Citation: US7574249B2, "Device-less gating of physiological movement for improved image detection," General Electric Company.
• Publication/Filing Date: Publication: 2009-08-11. Priority: 2005-02-08.
• Brief Description: This patent describes "device-less gating of physiological movement" (e.g., respiration) to improve image detection. "Device-less" directly corresponds to US10863950's emphasis on "without external hardware" and "internal" derivation of motion.
• Potential Anticipation (35 U.S.C. § 102): This is highly relevant prior art due to its earlier priority date (2005-02-08). It strongly anticipates the "internal" or "device-less" aspect of motion correction by gating, covering the general steps of claims 1, 21, and 22 related to acquiring image data, extracting motion information without external devices, determining phase, and generating corrected images. Similar to US7359535B2, the specific methods for deriving the "time varying object motion function" from image data (e.g., voxel weighting, filtering, iterative combination) would be crucial for distinguishing US10863950.

16. US20090290774A1

• Full Citation: US20090290774A1, "Dynamic computed tomography imaging," Koninklijke Philips Electronics N. V.
• Publication/Filing Date: Publication: 2009-11-26.
• Brief Description: This patent relates to dynamic computed tomography imaging.
• Potential Anticipation (35 U.S.C. § 102): Its publication date is after US10863950's priority date. If its priority date is earlier than 2007-05-04, it might broadly anticipate aspects of acquiring temporal image data.

17. US20090299184A1

• Full Citation: US20090299184A1, "Imaging or communications system utilizing multisample apodization and method," Walker William F.
• Publication/Filing Date: Publication: 2009-12-03.
• Brief Description: This patent concerns signal processing techniques (apodization) in imaging or communication systems.
• Potential Anticipation (35 U.S.C. § 102): This is generally unrelated to motion correction or gating and is unlikely to anticipate the core claims.

18. US7734078B2

• Full Citation: US7734078B2, "System and method for generating composite substraction images for magnetic resonance imaging," Cornell Research Foundation, Inc.
• Publication/Filing Date: Publication: 2010-06-08.
• Brief Description: This patent relates to generating subtraction images in MRI, which can be used to visualize changes but is not directly a motion gating method.
• Potential Anticipation (35 U.S.C. § 102): Unlikely to directly anticipate the gating claims of US10863950.

19. US7756307B2 (Most Relevant)

• Full Citation: US7756307B2, "Method of, and software for, conducting motion correction for a tomographic scanner," Hammersmith Imanet Limited.
• Publication/Filing Date: Publication: 2010-07-13. Priority: 2003-10-17.
• Brief Description: This patent describes a method and software for motion correction specifically for a tomographic scanner. It has an earlier priority date (2003-10-17).
• Potential Anticipation (35 U.S.C. § 102): This is highly relevant prior art. It broadly anticipates the concept of software-based motion correction for tomographic imaging, encompassing the high-level steps of claims 1, 21, and 22. The extent of anticipation of "internal" motion derivation and the specific methods for generating the "time varying object motion function" would depend on the detailed content of this patent.

20. US20100183206A1

• Full Citation: US20100183206A1, "Adjusting acquisition protocols for dynamic medical imaging using dynamic models," Koninklijke Philips Electronics N.V.
• Publication/Filing Date: Publication: 2010-07-22.
• Brief Description: This patent deals with adjusting acquisition protocols in dynamic medical imaging.
• Potential Anticipation (35 U.S.C. § 102): This is more focused on controlling the imaging acquisition process rather than retrospective image-based motion correction, making it unlikely to anticipate the core claims of US10863950.

21. US9814431B2

• Full Citation: US9814431B2, "Methods and systems for retrospective internal gating," Memorial Sloan Kettering Cancer Center.
• Publication/Filing Date: Publication: 2017-11-14. Priority: 2007-05-04.
• Brief Description: This patent shares the identical title, assignee, and priority date (2007-05-04) as US10863950.
• Potential Anticipation (35 U.S.C. § 102): This is a member of the same patent family as US10863950, likely an earlier granted patent from the same originating invention. Therefore, it does not act as anticipatory prior art under 35 U.S.C. § 102 in the sense of disclosing a separate, earlier invention. Instead, it represents a related, earlier grant to the same inventor/assignee for similar subject matter. The differences between its claims and US10863950's claims would define the scope of protection for each.

22. US8229187B2 (Most Relevant)

• Full Citation: US8229187B2, "Respiratory motion extraction from tomographic projection and image data," General Electric Company.
• Publication/Filing Date: Publication: 2012-07-24. Priority: 2007-04-11.
• Brief Description: This patent specifically describes extracting "respiratory motion" directly from "tomographic projection and image data." Its priority date (2007-04-11) is earlier than US10863950's priority date (2007-05-04).
• Potential Anticipation (35 U.S.C. § 102): This is highly relevant prior art. It directly anticipates the steps of "acquiring image data," "extracting information... derived from the image data" (specifically respiratory motion from tomographic data), and "generating a time varying object motion function" (implicitly, to extract motion) as defined in claims 1, 21, and 22. It also implies the determination of phase information and subsequent image correction. The specific algorithmic details regarding voxel weighting, frequency filtering, and the iterative selection process for building the motion function, as detailed in US10863950, would be critical for differentiating its claims from this prior art.

23. US10117625B2

• Full Citation: US10117625B2, "Methods and systems for retrospective internal gating," Memorial Sloan Kettering Cancer Center.
• Publication/Filing Date: Publication: 2018-11-06. Priority: 2007-05-04.
• Brief Description: This patent shares the identical title, assignee, and priority date (2007-05-04) as US10863950.
• Potential Anticipation (35 U.S.C. § 102): As with US9814431B2, this is a family member of US10863950 and does not act as anticipatory prior art under 35 U.S.C. § 102.

24. US10448903B2

• Full Citation: US10448903B2, "Methods and systems for retrospective internal gating," Memorial Sloan Kettering Cancer Center.
• Publication/Filing Date: Publication: 2019-10-22. Priority: 2007-05-04.
• Brief Description: This patent also shares the identical title, assignee, and priority date (2007-05-04) as US10863950. The provided text indicates US10863950 is a continuation of the application that resulted in this patent.
• Potential Anticipation (35 U.S.C. § 102): As with the other family members, this does not act as anticipatory prior art under 35 U.S.C. § 102.

Most Relevant Prior Art Summary

The most relevant prior art for US patent 10863950, based on direct overlap in subject matter and earlier priority dates, are:

• US20050123183A1 ("Data driven motion correction for nuclear imaging"): Anticipates data-driven/internal motion correction for nuclear imaging.
• US7359535B2 ("Systems and methods for retrospective internal gating"): Directly anticipates the core concept of retrospective internal gating.
• US7574249B2 ("Device-less gating of physiological movement for improved image detection"): Directly anticipates device-less/internal gating of physiological movement.
• US7756307B2 ("Method of, and software for, conducting motion correction for a tomographic scanner"): Anticipates software-based motion correction for tomographic scanners.
• US8229187B2 ("Respiratory motion extraction from tomographic projection and image data"): Directly anticipates extracting respiratory motion from image data.

These five patents collectively demonstrate that the concepts of "internal," "device-less," "retrospective" motion correction and "gating" in medical imaging, including deriving motion information from image data itself, were known prior to the priority date of US10863950. The novelty of US10863950's independent claims (1, 21, and 22) would therefore likely reside in the specific, detailed algorithmic steps described for how the "time varying object motion function" is generated from the extracted information, such as the use of array-specific weighting factors (claims 3, 4, 6, 15), filtering in frequency space (claim 8), and the iterative process of combining individual array information and choosing the scenario with the highest standard deviation (claim 14).

Obviousness Analysis of US Patent 10863950 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the claims of US patent 10863950 obvious to a person having ordinary skill in the art (POSITA) as of the patent's effective priority date, which is June 4, 2007 (derived from U.S. Provisional Patent Application 60/916,200, filed Jun. 4, 2007).

The present invention, US10863950, describes methods and systems for retrospective internal gating, particularly for medical imaging, to correct for motion artifacts like respiratory motion. The patent emphasizes the use of image-based, software-derived signals to create a time-varying object motion function without external hardware.

The independent claims (Claims 1, 21, and 22) essentially describe a method, computer-readable medium, and system, respectively, for:

1. Acquiring image data of a moving object over time.
2. Extracting information from arrays (e.g., voxels) in the image data.
3. Generating a time-varying object motion function from this extracted information.
4. Determining phase information of the object's motion using the motion function.
5. Generating a motion-corrected image using the phase information and acquired data.

Combination of Prior Art References

The combination of US20050123183A1 (Schleyer) and US7359535B2 (GE Medical Systems) would render the independent claims of US10863950 obvious. Both references address the problem of motion artifacts in medical imaging and propose solutions involving internal, data-driven approaches.

• US20050123183A1 (Schleyer): "Data driven motion correction for nuclear imaging" (Priority Date: 2003-09-02)

  • Schleyer teaches a method for motion correction in nuclear imaging by "acquiring a sequence of image data frames over a time interval during which a physiological motion is present". This directly addresses Element 1 (acquiring image data).
  • It further teaches "identifying a plurality of regions of interest (ROI) in said image data frames; extracting signal data from said regions of interest over said time interval, thereby generating a plurality of ROI time-activity curves". This covers Element 2 (extracting information for a plurality of arrays, where ROIs are collections of array elements like voxels).
  • Schleyer discloses "generating a motion function based upon said extracted signal data, said motion function describing a phase of said physiological motion as a function of time". This explicitly addresses Element 3 (generating a time-varying object motion function) and Element 4 (determining phase information).
  • Finally, Schleyer teaches "reconstructing a motion corrected image from said segmented image data frames". This directly corresponds to Element 5 (generating at least one image correcting for the motion).

• US7359535B2 (GE Medical Systems): "Systems and methods for retrospective internal gating" (Priority Date: 2003-06-20)

  • GE Medical Systems explicitly teaches "retrospective internal gating" as a solution to image degradation due to patient motion.
  • The patent describes "receiving image data generated by an imaging system for a moving object", addressing Element 1.
  • It discloses "identifying temporally cyclical signals, which are combined to create a time varying object motion function which correlates times t 1 . . . tn and the phases of the periodic motion". This addresses Element 2 (by identifying signals from images/voxels), Element 3 (generating a time-varying object motion function), and Element 4 (determining phase information). The detailed description of US10863950 (which shares lineage with US7359535B2) further clarifies that "time-activity information specific for a sample individual voxel" is derived and used.
  • The core purpose of "respiratory gating" as described is "to lessen the image degradation from respiratory motion by separating the breathing cycle into different phases and generating images from data corresponding to each of these phases". This inherently leads to generating motion-corrected images, covering Element 5.

Motivation to Combine

A POSITA in the field of medical imaging, faced with the challenge of motion artifacts and seeking to develop a device-less, software-based solution, would have been highly motivated to combine the teachings of Schleyer and GE Medical Systems.

Both references tackle the same problem using similar philosophical approaches: leveraging internally derived image data for motion correction rather than external hardware. Schleyer provides a clear framework for deriving a motion function from signal data extracted from regions of interest. GE Medical Systems explicitly introduces the concept and utility of "retrospective internal gating" and extracting phase information from a time-varying object motion function derived from image-based cyclical signals.

A POSITA would recognize that:

• The "regions of interest" in Schleyer are analogous to the "plurality of arrays" or voxels mentioned in US10863950 and implied by GE Medical Systems.
• The "motion function" described by Schleyer directly aligns with the "time varying object motion function" of GE Medical Systems and US10863950.
• The objective of "motion corrected images" (Schleyer) is achieved through "respiratory gating" and phase determination (GE Medical Systems).

Therefore, combining Schleyer's detailed methodology for data extraction and motion function generation from image data with GE Medical Systems' explicit focus on retrospective internal gating and phase information extraction would result in the method, computer-readable medium, and system of independent claims 1, 21, and 22, respectively. The combination would be driven by the clear benefits of a fully automated, image-based motion correction technique that avoids the complexities and costs associated with external gating hardware.

Obviousness of Dependent Claims

Many of the dependent claims introduce features that would have been obvious refinements or design choices to a POSITA combining Schleyer and GE Medical Systems:

• Claim 2 (Information as signal of array element): Schleyer's "ROI time-activity curves" and GE Medical Systems' use of "individual voxel signal fluctuations" (Abstract of US10863950, which details the invention for which GE Medical Systems is a parent) directly teach this.
• Claims 3, 4, 6, 15 (Weighting factors): Assigning weighting factors to arrays based on "mean array activity", "proximity to greater spatial signal gradients", or "magnitude of signal variation" would be an obvious design choice for a POSITA. Schleyer mentions "voxel weighting" in its abstract. In image processing, it is well-known to prioritize data points that exhibit significant change or high signal intensity when tracking motion, as these areas often provide more reliable motion indicators.
• Claim 7 (Zero weighting for unimportant arrays): This is a logical extension of using weighting factors to optimize processing by excluding irrelevant data, an obvious step for a POSITA to improve efficiency.
• Claims 8, 9, 10 (Frequency filtering): Filtering information in frequency space to encompass expected periodicity of motion is a standard signal processing technique to reduce noise and isolate relevant physiological signals (e.g., respiratory or cardiac cycles). US6144874A (GE Company) discusses "filtering the navigator data to determine a respiratory phase of the subject". US6539074B1 (GE Company) mentions "gating and filtering techniques" in the context of 4D image reconstruction from physiological cycles. Adjusting frequency windows based on patient or data specifics is a routine optimization.
• Claim 14 (Three scenarios for combining array information): The iterative combination of individual array information with an evolving motion function, considering addition, subtraction, or no change to account for phase mismatch and selecting the scenario with "most significant improvement" (e.g., highest standard deviation), would be an obvious approach for a POSITA. Signal processing commonly deals with combining signals that may be in or out of phase, and using metrics to identify the strongest signal or most significant motion would be a logical method for refining a motion function.

In conclusion, the independent claims, and many of the dependent claims, of US10863950 describe a system and method that would have been obvious to a POSITA when considering the combined teachings of prior art references such as US20050123183A1 (Schleyer) and US7359535B2 (GE Medical Systems), motivated by the desire to implement effective, software-based, internal motion correction in medical imaging.