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 arguments filed 06/15/2026 have been fully considered but they are not persuasive.
Regarding claim 1, the applicant argues that Leussler does not teach or disclose that "the selected first set of coil elements and the selected second set of coil elements include the coil element, respectively," as recited by independent claim 1.
The examiner respectfully disagrees. Leussler teaches that In other examples the radio-frequency coils 516 may also function as the multiple transceiver coils 114 and/or multiple receive coils 116 [¶0094]. Therefore, the first set of coil elements can be considered the RF coils 516 and the second set of coil elements can be considered the RF coils 516 and the receive coils 116. Therefore, both the first and second sets of coil elements include the RF coils 516. Therefore, the arguments are not considered persuasive.
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.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 20, the limitation “wherein a first local coil of the plurality of local coils comprises a first subset of coil elements of the plurality of coil elements, and a second local coil of the plurality of local coils comprises a second subset of coil elements of the plurality of coils elements” seem to conflict with the limitations of claim 1. Specifically, claim 1 discloses “the local coil comprising a coil element of the plurality of coil elements” and “wherein the selected first set of coil elements and the selected second set of coil elements include the coil element, respectively”. In claim 20, it is not clear how “the coil element” would be part of the first and second local coils as written.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4, 7-11, 14-16, 18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Leussler (US 2022/0206098).
Regarding claim 1, Leussler teaches a method for performing a magnetic resonance measurement of a patient using a magnetic resonance apparatus comprising a local coil [¶0131, wherein pilot tone signals are acquired by local coils. Fig. 5, wherein the receive coils 116 can be local coils then. See also rest of reference.] and a plurality of coil elements for receiving RF signals [Fig. 5 and ¶0094, see MR antenna 514 comprises the following coil elements: 1) multiple transmit coils 114, 2) the multiple receive coils 116, and also comprises 3) a number of radio-frequency coils 516. See also rest of reference.], the local coil comprising a coil element of the plurality of coil elements [¶0131, wherein pilot tone signals are acquired by local coils. Fig. 5, wherein the receive coils 116 can be local coils then. See also rest of reference.], the method comprising:
selecting a first set of coil elements from the plurality of coil elements and a second set of coil elements from the plurality of coil elements [¶0085, Fig. 2, step 202, the multi-channel pilot tone data 134 is acquired by controlling at least a portion of the multiple receive channels 112 of receive coils 116. ¶0094, wherein the RF coil 516 is used to acquire MR signals for imaging. Therefore, a first set of coil elements are selected (channels 112 of overall antenna 514) and a second set of channels (channels of 516 of overall antenna 514) are selected. Fig. 12, wherein the system of Fig. 5 is used. In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. Therefore, a first set of coil elements (for MR signals) and a second set of coil elements (for pilot tone signals) are disclosed. See also rest of reference.
As an alternative interpretation, Fig. 11 and ¶0134 specifically state that the coil elements in this Fig. 11 function as both the receive coil of the magnetic resonance imaging system as well as the multiple receive coils 116. So the coil elements are used to receive MR signals and pilot tone signals. Fig. 12 then states, in step 1202, a magnetic resonance coil is selected. Then in step 1204, a pilot tone antenna is selected. [0139] also states the MRI system can define the optimal location of transmitter and receiver for highest pilot signal sensitivity as shown in FIG. 12. Therefore, the same coil elements used for MR imaging do not have to be congruent with the coil elements used for pilot tone reception. See also rest of reference.];
performing the magnetic resonance measurement, wherein magnetic resonance signals and pilot tone signals are received during the magnetic resonance measurement with the first set of coil elements and the second set of coil elements [¶0085, Fig. 2, step 202, the multi-channel pilot tone data 134 is acquired by controlling at least a portion of the multiple receive channels 112. ¶0094, wherein the RF coil 516 is used to acquire MR signals for imaging. Therefore, a first set of coil elements are selected (channels 112 of overall antenna 514) and a second set of channels (channels of 516 of overall antenna 514) are selected. Fig. 12, wherein the system of Fig. 5 is used. In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. Therefore, a first set of coil elements (for MR signals) and a second set of coil elements (for pilot tone signals) are disclosed. Alternatively, See Fig. 11 and [0134]. See also rest of reference.];
ascertaining at least one magnetic resonance image solely with assistance of magnetic resonance signals received with the first set of coil elements during performance of the magnetic resonance measurement [¶0094, wherein the RF coil 516 is used to acquire MR signals for imaging. Fig. 12, wherein the system of Fig. 5 is used. In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. Therefore, a first set of coil elements (for MR signals) and a second set of coil elements (for pilot tone signals) are disclosed. Alternatively, See Fig. 11 and [0134]. See also rest of reference.]; and
ascertaining patient movement information solely with assistance of pilot tone signals received with the second set of coil elements during performance of the magnetic resonance measurement [¶0085, Fig. 2, step 202, the multi-channel pilot tone data 134 is acquired by controlling at least a portion of the multiple receive channels 112 of receive coils 116. Fig. 12, wherein the system of Fig. 5 is used. In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. Therefore, a first set of coil elements (for MR signals) and a second set of coil elements (for pilot tone signals) are disclosed. Alternatively, See Fig. 11 and [0134]. See also rest of reference.]; and
ascertaining, at least for a part of the plurality of coil elements of the magnetic resonance apparatus, a position of the part of the plurality of coil elements relative to the magnetic resonance apparatus, relative to the patient, or relative to the magnetic resonance apparatus and relative to the patient [¶0137, “if the pilot tone antenna is integrated into a magnetic resonance imaging antenna, this may be placed or positioned on the subject” [0137]. Therefore, the position of the first and second set of coil elements is determined.],
wherein selecting the first set of coil elements, the second set of coil elements, or the first set of coil elements and the second set of coil elements in each case proceeds as a function of the respectively ascertained position [¶0139 then discloses that for the distributed pilot tone, the MRI system may define an optimal location of a transmitter and a receiver for highest pilot signal sensitivity. Previously, in [0094], Leussler teaches that RF coils 516 can be used as separate RF coils for acquiring MRI signals and/or also be used as the multiple receive coils 116. Therefore, optimal location information is used to select optimal locations of the transmitter and receiver element for pilot tone signals. For the coil elements 116 and 516 of Fig. 5, this means that their position is determined and that at least the selection of whether the elements 516 are used as pilot tone receivers in addition to the elements 116 is made based on the determined position. See also rest of reference.],
wherein the first set of coil elements is not congruent with the second set of coil elements [Fig. 5, wherein different coil elements are used for acquiring pilot tone data and MR signals. Fig. 12, wherein the system of Fig. 5 is used. In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. Therefore, a first set of coil elements (for MR signals) and a second set of coil elements (for pilot tone signals) are disclosed. As an alternative interpretation, Fig. 11 and ¶0134 specifically state that the coil elements in this Fig. 11 function as both the receive coil of the magnetic resonance imaging system as well as the multiple receive coils 116. So the coil elements are used to receive MR signals and pilot tone signals. Fig. 12 then states, in step 1202, a magnetic resonance coil is selected. Then in step 1204, a pilot tone antenna is selected. [0139] also states the MRI system can define the optimal location of transmitter and receiver for highest pilot signal sensitivity as shown in FIG. 12. Therefore, the same coil elements used for MR imaging do not have to be congruent with the coil elements used for pilot tone reception. See also rest of reference.], and
the selected first set of coil elements and the selected second set of coil elements include the coil element, respectively [See ¶0094, it disclosed that a decision is made in the selection process for the radio-frequency coils 516 to also function as the multiple transceiver coils 114 and/or multiple receive coils 116. Therefore, the first and second set of coil elements may include the element(s) of RF coils 516. See also rest of reference.].
Regarding claim 2, Leussler further teaches wherein the selecting of the first set of coil elements proceeds prior to the selecting of the second set of coil elements [Fig. 12, step 1202. See also rest of reference.].
Regarding claim 4, Leussler further teaches wherein the first set of coil elements and the second set of coil elements are jointly selected [Fig. 4 and ¶0089, wherein the MRI apparatus is operated to acquire images and simultaneously pilot signals are transmitted. Therefore, coil elements used for pilot tone and coil elements used for acquiring MR image data are done jointly. See also Fig. 2 and 12 and rest of reference.].
Regarding claim 7, Leussler further teaches wherein the position of the part of the plurality of coil elements are ascertained using: evaluation of a stored item of coil-specific information that describes a position of at least one coil element of the plurality of coil elements relative to a receive coil, which comprises the at least one coil element [¶0137, “if the pilot tone antenna is integrated into a magnetic resonance imaging antenna, this may be placed or positioned on the subject” [0137]. Therefore, the position of the first and second set of coil elements is determined.]; evaluation of magnetic resonance signals that were received during an adjustment measurement with the plurality coil elements [¶0159, wherein the ideal position of the off-resonant coil was determined in tests to provide most sensitive outcome for breathing and heart motion. In the given experiments, the best setup was to place the coil on top of the patient's sternum. The acquisition of the pilot tone using all available RX coils allows for (limited) spatial sensitivity. This insight can be used to distinguish different motion types. ¶0139, wherein the optimal location of the pilot tone antenna is determined so the pilot tone antenna can be selected. See also rest of reference.]; evaluation of a video signal that was captured with at least one camera; evaluation of a sensor signal that was acquired with at least one position sensor; or any combination thereof.
Regarding claim 8, Leussler further teaches wherein selecting the first set of coil elements, the second set of coil elements, or the first set of coil elements and the second set of coil elements takes place fully automatically, semi-automatically, manually, or any combination thereof, wherein, in the case of fully automatic selecting of the first set of coil elements, the second set of coil elements, or the first set of coil elements and the second set of coil elements, an operator of the magnetic resonance apparatus plays no part in selection the selecting of the first set of coil elements, the second set of coil elements, or the first set of coil elements and the second set of coil elements [In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. See also rest of reference.], and wherein, in the case of semi-automatic selecting of the first set of coil elements, the second set of coil elements, or the first set of coil elements and the second set of coil elements, a set of coil elements of the plurality of coil elements is automatically proposed to the operator, and the first set of coil elements, the second set of coil elements, or the first set of coil elements and the second set of coil elements are selectable by the operator based on the proposal [In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. See also rest of reference.].
Regarding claim 9, Leussler further teaches wherein selecting the second set of coil elements proceeds with the assistance of: one type of at least one receive coil that comprises at least one part of the plurality of coil elements of the magnetic resonance apparatus [¶0085, Fig. 2, step 202, the multi-channel pilot tone data 134 is acquired by controlling at least a portion of the multiple receive channels 112. See also rest of reference.]; a relative position of coil elements of the plurality of coil elements within at least one receive coil that comprises at least one part of the plurality of coil elements of the magnetic resonance apparatus [In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. ¶0113. See also rest of reference.]; at least one characteristic of the patient [In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. ¶0113. See also rest of reference.]; positioning of the patient in the magnetic resonance apparatus [In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. ¶0113. See also rest of reference.]; or any combination thereof.
Regarding claim 10, Leussler further teaches wherein one adjustment pilot tone signal is captured with at least one part of the plurality of coil elements of the magnetic resonance apparatus, wherein the adjustment pilot tone signals are evaluated in terms of respective contribution to ascertaining the patient movement information, wherein a maximum number K of coil elements of the second set of coil elements is ascertained, and wherein K coil elements that make a biggest contribution to ascertaining the patient movement information are selected, proposed, or selected and proposed [¶0139 and Fig. 12, step 1206 wherein the MRI system determines the optimal location of the transmitter and receiver for highest pilot tone sensitivity. See also rest of reference.].
Regarding claim 11, Leussler further teaches wherein the at least one part of the plurality of coil elements of the magnetic resonance apparatus, with which an adjustment pilot tone signal is captured, is determined with the assistance of: one type of at least one receive coil that comprises at least one part of the plurality of coil elements of the magnetic resonance apparatus [¶0139 and Fig. 12, step 1206 wherein the MRI system determines the optimal location of the transmitter and receiver for highest pilot tone sensitivity. Fig. 2, step 202, the multi-channel pilot tone data 134 is acquired by controlling at least a portion of the multiple receive channels 112. See also rest of reference.]; a relative position of coil elements of the plurality of coil elements within at least one coil that comprises at least one part of the plurality of coil elements of the magnetic resonance apparatus [¶0139 and Fig. 12, step 1206 wherein the MRI system determines the optimal location of the transmitter and receiver for highest pilot tone sensitivity. See also rest of reference.]; at least one characteristic of the patient; positioning of the patient in the magnetic resonance apparatus [¶0139 and Fig. 12, step 1206 wherein the MRI system determines the optimal location of the transmitter and receiver for highest pilot tone sensitivity. See also rest of reference.]; or a combination thereof.
Regarding claim 14, the same reasons for rejection as claim 1 also apply to claim 14. Claim 14 is merely the apparatus version of method claim 1.
Regarding claim 15, the same reasons for rejection as claim 1 also apply to claim 15. Claim 15 is merely the non-transitory computer-readable storage medium version of method claim 1.
Regarding claim 16, the same reasons for rejection as claim 2 also apply to claim 16. Claim 16 is merely the non-transitory computer-readable storage medium version of method claim 2.
Regarding claim 18, the same reasons for rejection as claim 4 also apply to claim 18. Claim 18 is merely the non-transitory computer-readable storage medium version of method claim 4.
Regarding claim 20, Leussler further teaches wherein the magnetic resonance apparatus comprises a plurality of local coils, the plurality of local coils comprising the local coil, wherein the plurality of local coils comprises the plurality of coil elements [Fig. 5 and 7, see imaging antenna 514 comprises multiple local coils transmit coils 114 and multiple receive coils 116, and multiple RF coils 516. See elements/channels used throughout reference. See also rest of reference.], and wherein a first local coil of the plurality of local coils comprises a first subset of coil elements of the plurality of coil elements [See multiple RF coils 516. See also rest of reference.], and a second local coil of the plurality of local coils comprises a second subset of coil elements of the plurality of coils elements [See multiple receive coils 116. See also rest of reference.].
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.
Claims 3, 5, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited Leussler, in view of Okamoto (US 2007/0285199).
Regarding claim 3, Leussler teaches the limitations of claim 1, which this claim depends from.
Leussler is silent in teaching wherein the selecting of the second set of coil elements proceeds prior to the selecting of the first set of coil elements.
Okamoto, which is also in the field of MRI, teaches wherein the selecting of the second set of coil elements proceeds prior to the selecting of the first set of coil elements [¶0067, wherein a user selects which coils are effective. See also rest of reference which teaches selecting coil elements to be effective.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Leussler and Okamoto because both references are in the field of coil elements in MRI and because Okamoto teaches it is known in the art to be able to select different coil elements to different coil groups.
Regarding claim 5, Leussler teaches the limitations of claim 1, which this claim depends from.
Leussler further teaches a quality of the patient movement information to be ascertained [¶0113, see SNR of pilot tone signal. See also rest of reference.].
However, Leussler is silent in teaching wherein a weighting factor that describes a relative prioritization of a probable quality of the at least one magnetic resonance image to be ascertained compared with a quality of information to be ascertained is defined, and wherein the joint selection of the first set of coil elements and the second set of coil elements proceeds with assistance of the weighting factor.
Okamoto, which is also in the field of MRI, teaches herein a weighting factor that describes a relative prioritization of a probable quality of the at least one magnetic resonance image to be ascertained compared with a quality of information to be ascertained is defined, and wherein the joint selection of the first set of coil elements and the second set of coil elements proceeds with assistance of the weighting factor [¶0014, wherein coil groups are selected based on positional relationships between the imaging region and coil coils. See Fig. 4-5. Coil groups are selected on how well they will capture information for forming an MR image. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Leussler and Okamoto because both references are in the field of coil elements in MRI and because Okamoto teaches it is known in the art to be able to select different coil elements to different coil groups. Further, it would have been obvious to use a weighting factor in Leussler because Leussler explicitly teaches taking into consideration the SNR of the pilot tone signals [¶0113, see SNR of pilot tone signal. See also rest of reference.].
Regarding claim 17, the same reasons for rejection as claim 3 also apply to claim 17. Claim 17 is merely the non-transitory computer-readable storage medium version of method claim 3.
Regarding claim 19, the same reasons for rejection as claim 5 also apply to claim 19. Claim 19 is merely the non-transitory computer-readable storage medium version of method claim 5.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited Leussler, in view of Ichinose (US 2010/0259262).
Regarding claim 12, Leussler teaches the limitations of claim 1, which this claim depends from.
Leussler further teaches selecting the first set of coil elements from the plurality of coil elements and the second set of coil elements from the plurality of coil elements [¶0085, Fig. 2, step 202, the multi-channel pilot tone data 134 is acquired by controlling at least a portion of the multiple receive channels 112. ¶0094, wherein the RF coil 516 is used to acquire MR signals for imaging. Therefore, a first set of coil elements are selected (channels 112 of overall antenna 514) and a second set of channels (channels of 516 of overall antenna 514) are selected. Fig. 12, wherein the system of Fig. 5 is used. In Fig. 12 and ¶0137, a pilot tone antenna is selected in step 1206. ¶0139, wherein MRI system chooses optimal location for pilot tones. Therefore, a first set of coil elements (for MR signals) and a second set of coil elements (for pilot tone signals) are disclosed. See also rest of reference.].
However, Leussler is silent in teaching displaying an avatar of the patient to an operator, together with at least one part of the plurality of coil elements of the magnetic resonance apparatus correctly positioned in relation to the avatar; and displaying whether a displayed coil element is assigned to the first set of coil elements, the second set of coil elements, or the first set of coil elements and the second set of coil elements.
Ichinose, which is also in the field of MRI, teaches displaying an avatar of the patient to an operator, together with at least one part of the plurality of coil elements of the magnetic resonance apparatus correctly positioned in relation to the avatar [Fig. 8A-C, wherein an avatar is shown and corresponding elements of coil groups 8a-8e are shown. See also rest of reference.]; and displaying whether a displayed coil element is assigned to the first set of coil elements, the second set of coil elements, or the first set of coil elements and the second set of coil elements [Fig. 8A-C, wherein an avatar is shown and corresponding elements of coil groups 8a-8e are shown. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Leussler and Ichinose because both references teach selecting coil elements in MRI and because Ichinose teaches it is known in the art to display coil elements on a GUI to control the coils and show their positional relationship with the patient [Ichinose - ¶0075-0080].
Regarding claim 13, Leussler and Ichinose teach the limitations of claim 12, which this claim depends from.
However, Leussler is silent in teaching further comprising displaying an imaging region to the operator for coil element selection.
Ichinose, which is also in the field of MRI, teaches further comprising displaying an imaging region to the operator for coil element selection [I¶0075-0080].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Leussler and Ichinose because both references teach selecting coil elements in MRI and because Ichinose teaches it is known in the art to display coil elements on a GUI to control the coils and show their positional relationship with the patient [Ichinose - ¶0075-0080].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0230318 also teaches using selecting receive coil channels for pilot tone signals.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RISHI R PATEL whose telephone number is (571)272-4385. The examiner can normally be reached Mon-Thurs 7 a.m. - 5 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eman Alkafawi can be reached at 571-272-4448. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RISHI R PATEL/Primary Examiner, Art Unit 2858
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