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 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.
Claim rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 contains two alternatives defined by the "and/or"-feature "and/or in one or both of the rings at least one capacitor is provided between adjacent conducting rods." “Or-Option”: There are two embodiments defined by the or option. A low-pass embodiment: wherein in one or both of the rings at least one capacitor is provided between adjacent conducting rods. A high-pass embodiment: wherein in one or both of the rings at least one capacitor is provided between adjacent conducting rods “And-option”: wherein in one or both of the rings at least one capacitor is provided between adjacent conducting rods and in one or both of the rings at least one capacitor is provided between adjacent conducting rods. However, the and-option is not described in the specification since no embodiment is described in which both, the low-pass and the high-pass embodiments, are combined into one birdcage coil. There is no information on how one skilled in the art would make/use a combination of the high and low pass embodiment.
Claim 7 states “or a hybrid of both” is rejected, as there is no description in the specification on how one make or use a hybrid of the high pass and low pass resonator.
Dependent claims 2-14 and 16-23 do not fix this deficiency.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-9, 12-14, 16-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over QOneTec AG (EP 3655790 B1), hereinafter referred to as QOneTec.
With reference to claim 1, QOneTec teaches a birdcage resonator for NMR experiments irradiation and detection comprising (Fig. 4: coil 2; paragraphs [0045] - [0049]) two electrically conducting, circular rings at opposing axial ends, (Fig. 4: rings 20a, 20b, Fig. 3: corresponding equivalent circuit diagram) joined and fastened with at least two mutually isolated parallel electrically conducting rods distributed over the circumference of said rings, (Fig. 4: connectors 22; paragraphs [0049], [0050], [0052]-[0057] and Fig. 5-7: connectors 22 are formed by insulating rods 25 with an electrically conductive layer 26 arranged on at least part thereof.)
wherein said axially outer surfaces of said rings are spaced axially by a birdcage height (paragraph [0007] and Fig. 4) , and wherein between each of said rods and the respective ring, at least one capacitor is provided (paragraphs [0067], [0068]; Fig. 5 and 6: sections 26a and 26c of rods 25 are connected to the respective rings 20a and 20b and form capacitors C1 and C2 (Fig. 3) therebetween), wherein the capacitors take the form of axial capacitor bars, which between at least two electrodes provide a respective capacitance, said capacitor bars extending between said rings and beyond their outer surfaces forming, at both axial sides of the rings, salient portions (Fig. 4 -6 and [0068], [0069]: rod 25 is an axial capacitor bar which is arranged between two electrodes 26a, 26b of reactance element 23a and between the electrodes 26b and 26c of reactance element 23b. Fig. 4 shows that the rods 25 form salient portions which clearly extend beyond the outer surfaces of the rings 20a and 20b), and wherein the length of said salient portions at each axial side is at least 15% of said birdcage height (From Fig. 4 it can be derived that the extent of the salient portions is about 50% of the birdcage height. The salient portions are provided for the same purpose as that stated in the application: [0057]; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)).
With reference to claim 2, QOneTec further teaches the length of said salient portions is at least 20%, 25% or 30%, or at least 40%, or at least 50% of said birdcage height, and/or wherein the birdcage height is in the range of 15-35mm, or in the range of 20-27 mm, and the length of the capacitor bars is in the range of 35-60 mm, or in the range of 40-50 mm (From Fig. 4 it can be derived that the extent of the salient portions is about 50% of the birdcage height., the birdcage height would be reasonably set by one of ordinary skill in the art at the time the invention was filed for the necessary working conditions).
With reference to claim 3, QOneTec further teaches each of the capacitor bars has a thickness in the range of 0.05-1 mm, or in the range of 0.1-0.5 mm, and a width in the range of 0.5-3 mm, or in the range of 1-2 mm, or wherein each of the rings has a thickness in the range of 0.5-3 mm, or in the range of 0.75-1.5 mm, and a width in the range of 0.5-3 mm, or in the range of 1-2 mm, wherein each of the rings has an inner diameter in the range of 2-12 mm, or in the range of 3-10 mm, or wherein at least one or each of the bars has a circular or rectangular, or square cross-sectional shape with a diameter or diagonal in the range of 0.2-2 mm, or in the range of 0.5-1.25 mm (Fig. 4, the dimensions of the capacitor bars would be reasonably set by one of ordinary skill in the art at the time the invention was filed for the necessary working conditions). With reference to claim 4, QOneTec further teaches the salient portions at both sides are at least partially embedded in a material shielding from radiofrequency ([0056])
With reference to claim 5, QOneTec further teaches said rings and said rods consist of metal or at least comprise a coating of metal, or wherein said capacitor bars comprise or consist of a material having a relative permittivity in the range of 10-1000 or 10 - 100 and/or a dielectric loss of less than tan delta <0.001, or wherein said capacitor bars comprise or consist of a sapphire or ceramics material, or wherein in each of the rings at least one capacitor is provided in at least two or each of the ring segments between adjacent conducting rod (Fig. 4). With reference to claim 6, QOneTec further teaches the capacitor bars are provided in the form of laminates, comprising a central poylymeric layer, and comprising at least two outer ceramic layers which comprise or consist of a sapphire or ceramics material ([0056])/
With reference to claim 7, QOneTec further teaches it is shaped in the form of a high pass resonator, low pass resonator or a hybrid of both, where the capacitors and metal bars are distributed in point or mirror symmetry in the xy plane defined by the rings, and/or wherein it comprises an equal number of rods and of capacitor bar (Fig. 4). With reference to claim 8, QOneTec further teaches it comprises 2-12, or 6-10, or 8 rods and/or capacitor bars (Fig. 4, In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)).
With reference to claim 9, QOneTec further teaches each terminal end of said rods and the respective rings at least one capacitor bar is provided, and wherein the capacitor bars are provided on a radial inner surface of the respective ring, and the respective rod is provided on a radial inner side of the respective capacitor bar (Fig. 4), or wherein between each of the capacitor bars and the corresponding radially adjacent rod and/or between each of the capacitor bars and the radial inner surface of the respective ring there is provided an intermediate conducting layer, forming the electrodes. With reference to claim 12, QOneTec further teaches its resonance frequency is in the range of 300-1200 MHz, or in the range of 600-1000 MHz (the resonance frequency would be reasonably set by one of ordinary skill in the art at the time the invention was filed for the necessary working conditions).
With reference to claim 13, QOneTec further teaches A nuclear magnetic resonance probe comprising a birdcage resonator according to claim 1 ([0001]). With reference to claim 14, QOneTec further teaches A method of using a birdcage resonator according to claim 1 for measuring a liquid sample using nuclear magnetic resonance, at a static magnetic field of at least 1 Tesla, wherein the axial length of the liquid in said sample is larger than the axial length of said capacitor bars, and wherein preferably the resonator has a resonance frequency in the range of 300-1200 MHz, or in the range of 600-1000 MHz ([0035, 0036], setting the parameters of the strength of the static magnetic field and resonance frequency would be reasonably set by one of ordinary skill in the art at the time the invention was filed for the necessary working conditions). With reference to claim 16, QOneTec further teaches A method for making a birdcage resonator according to claim 1, wherein either the rings are provided, the capacitor bars are connected, including soldered, in an equally circumferentially distributed manner to an inner circumferential surface, and the rods are connected, including soldered, to a radial inner side of the respective capacitor bars, in a way such that there is a free gap between each capacitor bar and the respective rod at least in the central portion between the two rings, or ring segments are soldered each to the terminal ends of a rod and the segments are joined by locating between adjacent segments a capacitor bar, including by soldering, wherein between the capacitor bars and the rods at least in the central portion between the two rings there is a free gap (Fig. 4, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to use soldering as it is a known method of manufacturing).
With reference to claim 17, QOneTec further teaches between the respective rod and an inner circumferential surface of the ring or between the respective rod and an outer circumferential surface of the ring, or between the respective rod and an axially facing inner surface of the ring, at least one capacitor is provided, and wherein the all capacitors, take the form of axial capacitor bars, which between at least two electrodes provide a respective capacitance, said capacitor bars extending between said rings and beyond their outer surfaces forming, at both axial sides of the rings, salient portion (Fig. 4).
With reference to claim 18, QOneTec further teaches each of the capacitor bars has a cross-sectional shape which is rectangular or u-shaped; or wherein each of the rings has a cross-sectional shape which is rectangular (Fig. 4). With reference to claim 19, QOneTec further teaches the salient portions at both sides are at least partially embedded in a material shielding from radiofrequency, in that at both ends blocks of RF shielding material are provided having receiving blind holes into which the salient portions at least partially penetrate, wherein the axial height of each of these blocks is at least equal to the length of said salient portions, or at least 1.5 times the length, or at least twice the length of said salient portions (Fig. 1, Fig. 4).
With reference to claim 20, QOneTec further teaches said rings and said rods consist of metal or at least comprise a coating of copper or silver, or wherein said capacitor bars comprise or consist of a sapphire or ceramics material, selected from the group consisting aluminium oxides, zirconium oxide, titanium oxide or mixtures thereof and/or one or mixtures thereof with alkaline-earth metal oxides ([0045, 0048]). With reference to claim 21, QOneTec further teaches the capacitor bars are provided in the form of laminates, comprising a central polymeric layer, based on a perhalogenated polymer, including those selected from polyvinylfluoride (PVF), polyvinylidene fluoride (PVDF), polytetrafluoroethylene (PTFE), polychlorotrifluoroethylene (PCTFE), perfluoroalkoxy polymer (PFA), fluorinated ethylene-propylene (FEP), polyethylenetetrafluoroethylene (ETFE), polyethylenechlorotrifluoroethylene (ECTFE), perfluorinated elastomer (FFPM/FFKM), fluorocarbon [chlorotrifluoroethylenevinylidenefluoride] (FPM/FKM), fluoroelastomer [tetrafluoroethylene-Propylene] (FEPM), or chlorinated analogues or blends thereof, having a thickness of less than 50 pm, or having a thickness in the range of 10-40 pm, and comprising at least two outer ceramic layers which comprise or consist of a sapphire or ceramics material, selected from the group consisting aluminium oxides, zirconium oxide, titanium oxide or mixtures thereof and/or one or mixtures thereof with alkaline-earth metal oxides, wherein at least one or both ceramics layers have a thickness in the range of 50-500 Micron, or in the range of 150-350 Micron (Fig. 4, [0048, 0056] the dimensions and materials of the capacitors would be reasonably set by one of ordinary skill in the art at the time the invention was filed for the necessary working conditions) With reference to claim 22, QOneTec further teaches between each terminal end of said rods and the respective ring at least one capacitor bar is provided, and wherein the capacitor bars are provided on a radial inner surface of the respective ring, and the respective rod is provided on a radial inner side of the respective capacitor bar, wherein capacitor bars and rods are spaced in the majority of the area between the rings (Fig. 4).
Allowable Subject Matter
Claim 10, 11 and 23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. With respect to claims 10, 11 and 23, they are directed to the high-pass embodiment (“in one or both of the rings at least one capacitor is provided between adjacent conducting rods, wherein the capacitors take the form of axial capacitor bars” which is not taught or suggested by QOneTec.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al. (US 11,442,125 B2) teach a gapped multi-birdcage MRI RF coil.
Saha (US 8,035,384 B2) teaches hybrid birdcage-tem RF coil for multinuclear MRI/MRS.
Holle (US 2017/0299671 A1) teaches an MRI birdcage coil with distributed excitation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY H CURRAN whose telephone number is (571)270-7505. The examiner can normally be reached Monday-Friday, 8am-5pm, EST.
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/GREGORY H CURRAN/Primary Examiner, Art Unit 2852