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 .
Response to Arguments
Applicant’s argument on Page 8 regarding the rejection of Claims 1-11 and 13-14 under 35 U.S.C. 112(b) has been fully considered. The rejection of Claims 1-11 and 13-14 under 35 U.S.C. 112(b) is withdrawn in view of the argument.
Applicant’s argument on Page 8 regarding the rejections of Claims 1, 7-11, 13-14, and 16-20 under 35 U.S.C. 102(a)(1) as being anticipated by Cima and Claim 12 under 35 U.S.C. 103 as being unpatentable over Cima in view of Ababneh has been fully considered and are withdrawn. It should be noted that the Office Action dated 25 July 2025 incorrectly did not refer to Claims 13-14 in the rejection header, yet they were addressed in the rejection properly.
Applicant’s argument on Page 9 regarding the rejections of Claims 2-5 and 12 under 35 U.S.C. 103 over Cima in view of Ababneh have been fully considered and are withdrawn.
Applicant’s argument on Page 9 regarding the rejections of Claims 6 and 15 under 35 U.S.C. 103 over Cima in view of Bashyam have been fully considered and are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claims 1 and 12-13, the applicant claims from the measured quantitative relaxation time (T2) of the muscle of the patient, a practitioner can determine the blood volume, interstitial fluid volume, and intracellular fluid volume. However, the disclosure teaches that the T2 is used as an input into a model (see Pages 22-23 of specification) to provide the output in which the practitioner can make a determination from.
Claims not explicitly addressed above are rejected as depending from a rejected claim and failing to cure deficiencies of the parent claim.
Allowable Subject Matter
Claims 1 and 12-13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-11 and 14-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Araujo is cited for teaching a method for determining a fluid volume status of a patient, (Conclusion), the method comprising: measuring a quantitative relaxation time (T2) of a muscle of the patient (Materials and Methods); and determining, from the measured quantitative relaxation time (T2) of the muscle of the patient, the fluid volume status of the patient, wherein the patient's fluid volume includes the patient's interstitial fluid volume, and intracellular fluid volume (Materials and Methods).
Cima is cited for teaching wherein the fluid volume status is hypovolemic, euvolemic, or hypervolemic (Claims 16 and 19), and wherein the measuring of the quantitative relaxation time (T2) is performed with a magnetic resonance device, with a single measurement ([0096]).
The prior art does not disclose or reasonably suggest determining, from the measured quantitative relaxation time (T2) of the muscle of the patient, the patient's blood volume, interstitial fluid volume, and intracellular fluid volume at once.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA CHRISTINA TALTY whose telephone number is (571)272-8022. The examiner can normally be reached M-Th 8:30-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA CHRISTINA TALTY/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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