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 Amendment
The proposed reply filed 01/20/2026 have been approved. Claims 1-3 and 10-20 remain pending in the current application. The amendments to the claims have overcome the 35 USC 112 rejections.
Claim Objections
Claims 19-20 are objected to because of the following informalities:
Claim 19 recites the limitation “the at least on measuring instant” should read “at least one measuring instant”.
Claim 20 recites the limitation “the at least on measuring instant” should read “at least one measuring instant”.
Appropriate correction is required.
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.
Claim(s) 1-2 and 11-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Traughber et al. (US 2015/0110374).
Regarding claim 1, Traughber teaches a method for detecting a substance in an examination object via a magnetic resonance apparatus, the method comprising (Abstract):
receiving an instruction to detect the substance in the examination object (para. 0030; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. The examiner notes that the controller receives a user input selecting the substance to be detected.);
determining, based on a type of the substance to be detected, a magnetic resonance sequence comprising a sub-sequence for detecting the substance, the sub-sequence comprising a time segment of the magnetic resonance configured for detecting the substance (paras. 0030 and 0040; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. A series of ultra-short TE acquisition sequences of MR phase data are used. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone. The examiner notes that after receiving the user input selecting the substance to be detected the controller determine the appropriate sequence to be used to detect the selected substance. The sequence comprise a series of echo times TEs acquisitions, wherein the series of TE acquisitions define a time segment of the MRI sequence, and signal acquisition at the TE values occurs during a readout portion constituting a subsequence of the MR sequence. For example, in case the user selects cortical bone as the substance to be detected, the system selects ultra short multi echo time sequence that has a time segment (subsequence) of 0-1500 microseconds for detecting the selected substance.);
determining, based on the type of substance to be detected, a measuring instant within the magnetic resonance sequence for capturing a respective magnetic resonance sequence signal to detect the substance (para. 0040; a series of ultra-short TE acquisition sequences of MR phase data are used. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone. The examiner notes that based on the substance to be detected, suitable echo times (time instant) are chosen for the sequence to detect the selected substance. The cited paragraph disclose ultra short TE values selection based on user selecting cortical bone as the substance to be detected);
actuating the magnetic resonance apparatus to provide the determined magnetic resonance sequence (paras. 0024 and 0028; A sequence controller 30 controls the transmitter 26 and/or the gradient controller 18 to implement a selected imaging sequence within the examination volume 16. The sequence controller 30 is controlled according to the selected imaging sequences, and the receiver 38 is controlled to generate an MR data set corresponding to each of the imaging sequences. When the imaging sequences include a plurality of imaging sequences, the main controller 52 iterates through the imaging sequences to control the sequence controller 30 and the receiver 38.);
actuating the magnetic resonance apparatus to capture the magnetic resonance sequence signal of the examination object at the measuring instant within the magnetic resonance sequence (para. 0028; The sequence controller 30 is controlled according to the selected imaging sequences, and the receiver 38 is controlled to generate an MR data set corresponding to each of the imaging sequences.); and
detecting the substance when the magnetic resonance sequence signal of the examination object captured at the measuring instant fulfills a predetermined detection condition based upon an evaluation of the magnetic resonance sequence signal (paras. 0033-035 and 0041; During imaging and/or after imaging, the AC processor 64 analyzes the MR data sets and the maps and images to quantitatively assess the tissue and/or material types(s) contained within each voxel, the tissue and/or material types(s) each having known radiation attenuation and/or density values. The value of each pixel or voxel is analyzed to determine one or more tissue and/or material types each pixel or voxel can and cannot be or a probability that each voxel contains each of two or more tissue and/or material types. The value of each pixel or voxel is typically the relative MR signal intensity of the pixel or voxel relative to other pixels or voxels of the map or image generated by the same sequence. The relative signal strengths can be used to estimate a relative proportion or probability of each tissue and/or material type. signal intensities of a plurality of echo times can be used to identify T2* decay properties of the tissue and/or material corresponding to the pixel or voxel. The specific decay of each pixel or voxel can be used to address a lookup table 66 which maps the decay time to one or more tissue-specific and/or material-specific attenuation or density values. Alternatively, the decay can be mapped to a tissue and/or material type. The examiner notes that the processor analyze the data and determine the signal characteristics of a plurality of echo times, and a detection condition is satisfied when MR signal characteristics derived from acquired signals corresponds to stored values associated with the selected substance.).
Regarding claim 2, Traughber teaches the method as claimed in claim 1, further comprising: receiving an item of information of a further substance that is potentially present in the examination object (para. 0032; an imaging sequence is selected and an MR data set generated in response to the selected imaging sequence is analyzed. If there are unidentified tissue and/or material types within the examination volume 16, another imaging sequence is selected and analyzed. This repeats until the tissue and/or material types in all of the voxels within the examination volume 16 are identified. An AC processor 64 suitably performs analysis of each voxel of the various maps and images or other information from the MR data set to determine whether additional MR data sets are needed. In which case, the main controller 52 coordinates with the AC processor 64 when employing this selection scheme. The examiner notes that the processor is able to identify further substance present in the examination object but are not identified and based on that determination, the processor selects a suitable sequence for detecting the unidentified substance); determining, based on a type of the further substance, the magnetic resonance sequence (para. 0032; an imaging sequence is selected and an MR data set generated in response to the selected imaging sequence is analyzed. If there are unidentified tissue and/or material types within the examination volume 16, another imaging sequence is selected and analyzed. This repeats until the tissue and/or material types in all of the voxels within the examination volume 16 are identified. An AC processor 64 suitably performs analysis of each voxel of the various maps and images or other information from the MR data set to determine whether additional MR data sets are needed. In which case, the main controller 52 coordinates with the AC processor 64 when employing this selection scheme. The examiner notes that the processor is able to identify further substance present in the examination object but are not identified and based on that determination, the processor selects a suitable sequence for detecting the unidentified substance); and determining the measuring instant for capturing the magnetic resonance sequence signal to detect the substance as a function of the further substance (paras. 0032 and 0040; an imaging sequence is selected and an MR data set generated in response to the selected imaging sequence is analyzed. If there are unidentified tissue and/or material types within the examination volume 16, another imaging sequence is selected and analyzed. This repeats until the tissue and/or material types in all of the voxels within the examination volume 16 are identified. An AC processor 64 suitably performs analysis of each voxel of the various maps and images or other information from the MR data set to determine whether additional MR data sets are needed. In which case, the main controller 52 coordinates with the AC processor 64 when employing this selection scheme. The examiner notes that the processor is able to identify further substance present in the examination object but are not identified and based on that determination, the processor selects a suitable sequence and repeats the process of selecting a suitable sequence and TEs for detecting the unidentified substance until all substance present in the examination object are detected).
Regarding claim 11, Traughber teaches the method as claimed in claim 1, further comprising: receiving an instruction to detect two substances in the examination object (para. 0030; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. The examiner notes that the user can select more than one substance to be detected in the examination object); and for each of the two substances to be detected, determining at least one respective measuring instant for capturing the respective magnetic resonance sequence signal to detect the respective substance in the examination object (paras. 0030 and 0040; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone. The examiner notes that based on user selecting more than substance types to be detected, the processor selects the appropriate sequence and echo times for detecting the more than one substances).
Regarding claim 12, Traughber teaches the method as claimed in claim 11, further comprising: determining, for each of the two substances to be detected, a respective sub-sequence for capturing the respective magnetic resonance sequence signal to detect each respective one of the two substances in the examination object (para. 0030; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. The examiner notes that the user can select more than one substance to be detected in the examination object and the processor selects the appropriate imaging sequence for detecting the two substances.).
Regarding claim 13, Traughber teaches the method as claimed in claim 1, further comprising: capturing respective total signal intensities of the magnetic resonance sequence signals at two measuring instants during the magnetic resonance sequence (paras. 0033-0035; the AC processor 64 analyzes the MR data sets and the maps and images to quantitatively assess the tissue and/or material types(s) contained within each voxel, the tissue and/or material types(s) each having known radiation attenuation and/or density values. The value of each pixel or voxel is analyzed to determine one or more tissue and/or material types each pixel or voxel can and cannot be or a probability that each voxel contains each of two or more tissue and/or material types. The specific approach to quantification depends upon the imaging sequence employed for generation of the MR data set. For example, where an MR data set is generated using a multi-echo UTE sequence, such as a UTE mDIXON sequence, signal intensities of a plurality of echo times can be used to identify T2* decay properties of the tissue and/or material corresponding to the pixel or voxel. The specific decay of each pixel or voxel can be used to address a lookup table 66 which maps the decay time to one or more tissue-specific and/or material-specific attenuation or density values. Alternatively, the decay can be mapped to a tissue and/or material type, which has a known attenuation or density value. The examiner notes that the processor maps the intensity as a function of time for each of the actuated imaging sequences.);
determining a characteristic of the total signal intensity from the total signal intensities of the two measuring instants (para. 0035; signal intensities of a plurality of echo times can be used to identify T2* decay properties of the tissue and/or material corresponding to the pixel or voxel. The examiner notes that the characteristic of the total signal intensity is the T2 decay properties); and
comparing a characteristic of the total signal intensity with a predetermined signal characteristic, wherein the predetermined signal characteristic is associated with the substance to be detected (para. 0035; The specific decay of each pixel or voxel can be used to address a lookup table 66 which maps the decay time to one or more tissue-specific and/or material-specific attenuation or density values. Alternatively, the decay can be mapped to a tissue and/or material type. The examiner notes that the processor compares the characteristic of the signal intensity (T2 decay) to a lookup table that has a predetermined signal characteristics of substances), and
wherein the predetermined detection condition comprises fulfilling a compliance criterion of the captured characteristic of the total signal intensity in relation to the predetermined signal characteristic of the substance to be detected (para. 0035; The specific decay of each pixel or voxel can be used to address a lookup table 66 which maps the decay time to one or more tissue-specific and/or material-specific attenuation or density values. Alternatively, the decay can be mapped to a tissue and/or material type. The examiner notes that the processor compares the characteristic of the signal intensity (T2 decay) to a lookup table that has a predetermined signal characteristics of substances and matches determined T2 decay to a T2 decay in the lookup table. When the processor finds a match in the table, the processor can output the substance type detected.).
Regarding claim 14, Traughber teaches the method as claimed in claim 1, wherein the magnetic resonance sequence comprises at least one spatially encoded sequence segment, and further comprising: determining a position of the substance to be detected in the examination object based upon the at least one spatially encoded sequence segment (para. 0025; In response to an imaging sequence, spatially encoded magnetic resonance signals corresponding to a map or image of the subject 12 are produced from the examination volume 16. These spatially encoded magnetic resonance signals are received by a plurality of receive coils 32, 34, 36, such as a whole body receive coil or local receive-only coils. A receiver 38 demodulates the received signals to an MR data set corresponding to, for example, k-space data trajectories and stores the MR data set in a data buffer (e.g., a memory) 40. The MR data set can be employed for reconstruction of a map or image by a reconstruction processor 42. The reconstruction processor 42 spatially decodes the spatial encoding by the magnetic field gradients to ascertain a property of the resonance signal from each spatial region, such as a pixel or voxel. The intensity or magnitude of the signal is commonly ascertained, but other properties related to phase, relaxation time, magnetization transfer, and the like can also be ascertained. Further, the real and the imaginary parts of the signal can be used determine phase and/or magnitude. The converse also holds. Reconstructed maps or images of various properties are then stored in map and image memories 44 and, optionally, displayed on a display device 46. The examiner notes that using spatially encoded signals of the MR sequence signals the processor can reconstruct an image of the subject with location of the substance identified based on properties of the signal. For example, the location where substance is present may appear brighter in the image.).
Regarding claim 15, Traughber teaches the method as claimed in claim 14, further comprising: merging the position of the substance to be detected with an image representation of the examination object (para. 0025; In response to an imaging sequence, spatially encoded magnetic resonance signals corresponding to a map or image of the subject 12 are produced from the examination volume 16. These spatially encoded magnetic resonance signals are received by a plurality of receive coils 32, 34, 36, such as a whole body receive coil or local receive-only coils. A receiver 38 demodulates the received signals to an MR data set corresponding to, for example, k-space data trajectories and stores the MR data set in a data buffer (e.g., a memory) 40. The MR data set can be employed for reconstruction of a map or image by a reconstruction processor 42. The reconstruction processor 42 spatially decodes the spatial encoding by the magnetic field gradients to ascertain a property of the resonance signal from each spatial region, such as a pixel or voxel. The intensity or magnitude of the signal is commonly ascertained, but other properties related to phase, relaxation time, magnetization transfer, and the like can also be ascertained. Further, the real and the imaginary parts of the signal can be used determine phase and/or magnitude. The converse also holds. Reconstructed maps or images of various properties are then stored in map and image memories 44 and, optionally, displayed on a display device 46. The examiner notes that using spatially encoded signals of the MR sequence signals the processor can reconstruct an image of the subject with location of the substance identified based on properties of the signal. For example, the location where substance is present may appear brighter in the image.).
Regarding claim 16, Traughber teaches the method as claimed in claim 1, further comprising: determining a quantitative variable for the substance to be detected (paras. 0033-0034; The value of each pixel or voxel is typically the relative MR signal intensity of the pixel or voxel relative to other pixels or voxels of the map or image generated by the same sequence. The relative signal strengths can be used to estimate a relative proportion or probability of each tissue and/or material type).
Regarding claim 17, Traughber teaches a magnetic resonance apparatus, comprising: a main magnet (para. 0023; a magnetic resonance (MR) system 10 utilizes magnetic resonance to form two- or three-dimensional images of a subject 12. The system 10 includes a main magnet 14); and a controller configured to detect a substance in an examination object via the magnetic resonance apparatus by (para. 0024; A sequence controller 30 controls the transmitter 26 and/or the gradient controller 18 to implement a selected imaging sequence within the examination volume 16, the imaging sequence defining a sequence of B.sub.1 pulses and/or magnetic field gradients.):
receiving an instruction to detect the substance in the examination object (para. 0030; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. The examiner notes that the controller receives a user input selecting the substance to be detected);
determining, based on a type of the substance to be detected, a magnetic resonance sequence comprising a sub-sequence for detecting the substance, the sub-sequence comprising a time segment of the magnetic resonance configured for detecting the substance (paras. 0030 and 0040; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. A series of ultra-short TE acquisition sequences of MR phase data are used. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone. The examiner notes that after receiving the user input selecting the substance to be detected the controller determine the appropriate sequence to be used to detect the selected substance. The sequence comprise a series of echo times TEs acquisitions, wherein the series of TE acquisitions define a time segment of the MRI sequence, and signal acquisition at the TE values occurs during a readout portion constituting a subsequence of the MR sequence. For example, in case the user selects cortical bone as the substance to be detected, the system selects ultra short multi echo time sequence that has a time segment (subsequence) of 0-1500 microseconds for detecting the selected substance.);
determining, based on the type of substance to be detected, a measuring instant within the magnetic resonance sequence for capturing a respective magnetic resonance sequence signal to detect the substance (para. 0040; a series of ultra-short TE acquisition sequences of MR phase data are used. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone. The examiner notes that based on the substance to be detected, suitable echo times (time instant) are chosen for the sequence to detect the selected substance. The cited paragraph disclose ultra short TE values selection based on user selecting cortical bone as the substance to be detected);
actuating the magnetic resonance apparatus to provide the determined magnetic resonance sequence (paras. 0024 and 0028; A sequence controller 30 controls the transmitter 26 and/or the gradient controller 18 to implement a selected imaging sequence within the examination volume 16. The sequence controller 30 is controlled according to the selected imaging sequences, and the receiver 38 is controlled to generate an MR data set corresponding to each of the imaging sequences. When the imaging sequences include a plurality of imaging sequences, the main controller 52 iterates through the imaging sequences to control the sequence controller 30 and the receiver 38.);
actuating the magnetic resonance apparatus to capture the magnetic resonance sequence signal of the examination object at the measuring instant within the magnetic resonance sequence (para. 0028; The sequence controller 30 is controlled according to the selected imaging sequences, and the receiver 38 is controlled to generate an MR data set corresponding to each of the imaging sequences.); and
detecting the substance when the magnetic resonance sequence signal of the examination object captured at the measuring instant fulfills a predetermined detection condition based upon an evaluation of the magnetic resonance sequence signal (paras. 0033-035 and 0041; During imaging and/or after imaging, the AC processor 64 analyzes the MR data sets and the maps and images to quantitatively assess the tissue and/or material types(s) contained within each voxel, the tissue and/or material types(s) each having known radiation attenuation and/or density values. The value of each pixel or voxel is analyzed to determine one or more tissue and/or material types each pixel or voxel can and cannot be or a probability that each voxel contains each of two or more tissue and/or material types. The value of each pixel or voxel is typically the relative MR signal intensity of the pixel or voxel relative to other pixels or voxels of the map or image generated by the same sequence. The relative signal strengths can be used to estimate a relative proportion or probability of each tissue and/or material type. signal intensities of a plurality of echo times can be used to identify T2* decay properties of the tissue and/or material corresponding to the pixel or voxel. The specific decay of each pixel or voxel can be used to address a lookup table 66 which maps the decay time to one or more tissue-specific and/or material-specific attenuation or density values. Alternatively, the decay can be mapped to a tissue and/or material type. The examiner notes that the processor analyze the data and determine the signal characteristics of a plurality of echo times, and a detection condition is satisfied when MR signal characteristics derived from acquired signals corresponds to stored values associated with the selected substance.).
Regarding claim 18, Traughber teaches a non-transitory computer-readable medium having instructions stored thereon that, when executed by a controller of a magnetic resonance apparatus, cause the magnetic resonance apparatus to detect a substance in an examination object via the magnetic resonance apparatus by (paras. 0027 and 57; The main controller 52 does so by way of a processor 54 executing computer executable instructions on a memory 56.):
receiving an instruction to detect the substance in the examination object (para. 0030; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. The examiner notes that the controller receives a user input selecting the substance to be detected);
determining, based on a type of the substance to be detected, a magnetic resonance sequence comprising a sub-sequence for detecting the substance, the sub-sequence comprising a time segment of the magnetic resonance configured for detecting the substance (paras. 0030 and 0040; a user of the MR system 10 manually selects the imaging sequences, or tissue and/or material types, within the examination volume 16 using a user input device 62 of the MR system 10. As to the latter, the imaging sequences are then automatically selected based on the selected tissue and/or material types. A series of ultra-short TE acquisition sequences of MR phase data are used. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone. The examiner notes that after receiving the user input selecting the substance to be detected the controller determine the appropriate sequence to be used to detect the selected substance. The sequence comprise a series of echo times TEs acquisitions, wherein the series of TE acquisitions define a time segment of the MRI sequence, and signal acquisition at the TE values occurs during a readout portion constituting a subsequence of the MR sequence. For example, in case the user selects cortical bone as the substance to be detected, the system selects ultra short multi echo time sequence that has a time segment (subsequence) of 0-1500 microseconds for detecting the selected substance.);
determining, based on the type of substance to be detected, a measuring instant within the magnetic resonance sequence for capturing a respective magnetic resonance sequence signal to detect the substance (para. 0040; a series of ultra-short TE acquisition sequences of MR phase data are used. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone. The examiner notes that based on the substance to be detected, suitable echo times (time instant) are chosen for the sequence to detect the selected substance. The cited paragraph disclose ultra short TE values selection based on user selecting cortical bone as the substance to be detected);
actuating the magnetic resonance apparatus to provide the determined magnetic resonance sequence (paras. 0024 and 0028; A sequence controller 30 controls the transmitter 26 and/or the gradient controller 18 to implement a selected imaging sequence within the examination volume 16. The sequence controller 30 is controlled according to the selected imaging sequences, and the receiver 38 is controlled to generate an MR data set corresponding to each of the imaging sequences. When the imaging sequences include a plurality of imaging sequences, the main controller 52 iterates through the imaging sequences to control the sequence controller 30 and the receiver 38.);
actuating the magnetic resonance apparatus to capture the magnetic resonance sequence signal of the examination object at the measuring instant within the magnetic resonance sequence (para. 0028; The sequence controller 30 is controlled according to the selected imaging sequences, and the receiver 38 is controlled to generate an MR data set corresponding to each of the imaging sequences.); and
detecting the substance when the magnetic resonance sequence signal of the examination object captured at the measuring instant fulfills a predetermined detection condition based upon an evaluation of the magnetic resonance sequence signal (paras. 0033-035 and 0041; During imaging and/or after imaging, the AC processor 64 analyzes the MR data sets and the maps and images to quantitatively assess the tissue and/or material types(s) contained within each voxel, the tissue and/or material types(s) each having known radiation attenuation and/or density values. The value of each pixel or voxel is analyzed to determine one or more tissue and/or material types each pixel or voxel can and cannot be or a probability that each voxel contains each of two or more tissue and/or material types. The value of each pixel or voxel is typically the relative MR signal intensity of the pixel or voxel relative to other pixels or voxels of the map or image generated by the same sequence. The relative signal strengths can be used to estimate a relative proportion or probability of each tissue and/or material type. signal intensities of a plurality of echo times can be used to identify T2* decay properties of the tissue and/or material corresponding to the pixel or voxel. The specific decay of each pixel or voxel can be used to address a lookup table 66 which maps the decay time to one or more tissue-specific and/or material-specific attenuation or density values. Alternatively, the decay can be mapped to a tissue and/or material type. The examiner notes that the processor analyze the data and determine the signal characteristics of a plurality of echo times, and a detection condition is satisfied when MR signal characteristics derived from acquired signals corresponds to stored values associated with the selected substance.).
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.
Claim(s) 3, 10, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Traughber et al. (US 2015/0110374) in the view of Ralf et al. (EP 3598160).
Regarding claim 3, Traughber teaches the method as claimed in claim 2, however, fails to explicitly teach determining the sub-sequence as a function of substance parameters of the substance and/or substance parameters of the further substance, wherein the sub-sequence is generated based upon a predetermined optimization criterion.
Ralf, in the same field of endeavor, teaches determining the sub-sequence as a function of substance parameters of the substance and/or substance parameters of the further substance, wherein the sub-sequence is generated based upon a predetermined optimization criterion (para. 0035; There are various options for preselecting the imaging sequence for the MR test images. One possibility is to restrict the optimization to individual physical parameters, such as forcing a T1 or T2 weighting. For this purpose, the sequence to be optimized is specified in advance).
It would have been obvious to one in the ordinary skill in the art before the effective filling date of the claimed invention to have modified the sequence of Traughber to incorporate the teachings of Ralf to provide a sub-sequence as a function of substance parameters of the substance, wherein the sub-sequence is generated based upon a predetermined optimization criterion. This modification will result in high degree of differentiation of tissue types as disclosed in Ralf in para. 0002. Additionally, choosing a sequence as a function of substance parameters will help in improving contrast, visibility of the substance, and detection of the substance.
Regarding claim 10, Traughber teaches the method as claimed in claim 2, further comprising determining, for the magnetic resonance sequence, characteristics of respective signal intensities of the magnetic resonance sequence signal for respective substances over an executed time of the magnetic resonance sequence (para. 0035; signal intensities of a plurality of echo times can be used to identify T2* decay properties of the tissue and/or material corresponding to the pixel or voxel).
However, fails to explicitly teach determining at least one instant of time at which a signal intensity component of the signal intensity of a respective substance to be detected in a total signal intensity of the magnetic resonance sequence signal has a maximum, wherein the total intensity of the magnetic resonance sequence signal comprises signal intensities of the respective substances to be detected, and determining the at least one instant of time corresponding to the maximum signal intensity as the measuring instant for capturing the respective magnetic resonance sequence signal to detect the respective substance in the examination object.
Ralf, in the same field of endeavor, teaches determining at least one instant of time at which a signal intensity component of the signal intensity of a respective substance to be detected in a total signal intensity of the magnetic resonance sequence signal has a maximum (paras. 0015, 0028, and 0037; To determine the image quality parameter, a profile of the signal intensity in the region of interest can be determined, wherein the image quality parameter is determined based on the at least one profile, for example by determining a maximum derivative of the determined profile or, when using multiple profiles, a maximization of the various determined contrast ratio. For each MR test image, an imaging parameter set including TE, TI, TR, flip angle, resolution, etc. In a step S53, the plurality of MR test images are then acquired, each with a set of imaging parameters, wherein the imaging parameters are varied in defined ranges for the different MR test images in order to create the different MR test images. Finally, in a step S54, the image quality parameter in the area of interest is determined, for example as described in connection with Figure 2 for determining a profile and postprocessing the profile to determine the image quality parameter such as the derivative of the gradient. In a step S54, the image quality parameters in the various MR test images are then determined, and in a step S55, the first MR test image among the test images is determined which has the best image quality parameter set. The first imaging parameter with which this first MR test image was acquired is determined, and in a step S56 the optimized MR image is acquired with an optimized image parameter set, wherein the majority of these parameters come from the first imaging parameter set with which the first MR test image was acquired. The examiner notes that the optimal image parameters which include the measuring instant (echo time and repetition time) are determined based on intensity profiles and the measuring instant used to generate the maximum intensity is chosen as a measuring instant to optimize the imaging sequence and the image), wherein the total intensity of the magnetic resonance sequence signal comprises signal intensities of the respective substances to be detected (para. 0015; To determine the image quality parameter, a profile of the signal intensity in the region of interest can be determined, wherein the image quality parameter is determined based on the at least one profile, for example by determining a maximum derivative of the determined profile or, when using multiple profiles, a maximization of the various determined contrast ratio.), and determining the at least one instant of time corresponding to the maximum signal intensity as the measuring instant for capturing the respective magnetic resonance sequence signal to detect the respective substance in the examination object (para. 0037; Finally, in a step S54, the image quality parameter in the area of interest is determined, for example as described in connection with Figure 2 for determining a profile and postprocessing the profile to determine the image quality parameter such as the derivative of the gradient. In a step S54, the image quality parameters in the various MR test images are then determined, and in a step S55, the first MR test image among the test images is determined which has the best image quality parameter set. The first imaging parameter with which this first MR test image was acquired is determined, and in a step S56 the optimized MR image is acquired with an optimized image parameter set, wherein the majority of these parameters come from the first imaging parameter set with which the first MR test image was acquired. The examiner notes that the image that has the best quality is determined based on having a maximum intensity and the imaging parameters used to generate the best quality image are acquired. The imaging parameters includes the measuring instant (TE and TR); thus, the system determine the optimal TE and TR for generating the best quality image and use the TE and TR to optimize the sequence and acquire MR data for detecting a substance).
It would have been obvious to one in the ordinary skill in the art before the effective filling date of the claimed invention to have modified the measuring instant of Traughber to incorporate the teachings of Ralf to provide a measuring instant that has a maximum signal intensity for capturing the respective magnetic resonance sequence signal to detect the respective substance in the examination object. This modification will result in rapid optimization of the imaging sequence to selected areas within a few seconds and will result in greater independence from the experience of the operator while still ensuring high image quality. The fully automated selection of the imaging sequence and the region of interest eliminates the need for an experienced operator as disclosed in Ralf in para. 0039. Additionally, choosing a measuring instant that has a maximum intensity will improve substance detection and contrast of the substance.
Regarding claim 19, Traughber teaches the method as claimed in claim 1, determining the sub-sequence as a function of the substance to be detected (paras. 0030 and 0040; , the imaging sequences are then automatically selected based on the selected tissue and/or material types. A series of ultra-short TE acquisition sequences of MR phase data are used. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone.), and wherein the at least one measuring instant is within the sub-sequence and comprises an echo time of the magnetic resonance sequence at which the magnetic resonance sequence signal is to be captured (para. 0040; a series of ultra-short TE acquisition sequences of MR phase data are used. Suitably, inphase TEs are chosen. Ultra short TEs (e.g., 0 to 1500 microseconds) are preferable to acquire signal from very short T2* species, such as cortical bone.).
However, fails to explicitly teach determining the sub-sequence as a function of substance parameters of the substance to be detected, wherein the sub-sequence is algorithmically generated based upon a predetermined optimization criterion in response to receiving the instructions to detect the substance in the examination object.
Ralf, in the same field of endeavor, teaches determining the sub-sequence as a function of substance parameters of the substance to be detected (para. 0035; There are various options for preselecting the imaging sequence for the MR test images. One possibility is to restrict the optimization to individual physical parameters, such as forcing a T1 or T2 weighting. For this purpose, the sequence to be optimized is specified in advance), wherein the sub-sequence is algorithmically generated based upon a predetermined optimization criterion in response to receiving the instructions to detect the substance in the examination object (paras. 0026 and 0035; As described below, the imaging sequence settings are automatically optimized before the actual measurement so that an optimized MR image can be created. an operator can select one or more areas of interest or regions of special interest, so-called regions of interest (ROIs), in which the medical question is of particular interest and in which optimal image contrast is desirable. In a next step, an imaging sequence is executed iteratively with varying settings, for example with different echo times TE, inversion times TI, repetition times TR, flip angles, etc., whereby an attempt is made to achieve the highest possible contrast, for example contrast to noise ratio, CNR for short, in the selected region(s) of interest).
It would have been obvious to one in the ordinary skill in the art before the effective filling date of the claimed invention to have modified the sequence of Traughber to incorporate the teachings of Ralf to provide a sub-sequence as a function of substance parameters, wherein the sub-sequence is generated based upon a predetermined optimization criterion. This modification will result in high degree of differentiation of tissue types as disclosed in Ralf in para. 0002. Additionally, choosing a sequence as a function of substance parameters will help in improving contrast, visibility of the substance, and detection of the substance.
Regarding claim 20, Traughber teaches the method as claimed in claim 1, however, fails to explicitly teach wherein the sub-sequence is configured to suppress signal intensities of substances other than the substance to be detected at the at least one measuring instant such that a total signal intensity of the magnetic resonance sequence signal at the at least one measuring instant is attributable solely to the substance to be detected.
Ralf, in the same field of endeavor, teaches the sub-sequence is configured to suppress signal intensities of substances other than the substance to be detected at the at least one measuring instant such that a total signal intensity of the magnetic resonance sequence signal at the at least one measuring instant is attributable solely to the substance to be detected (paras. 0028-0030 and 0034; In the case of particularly small pathologies, only a very small section of the examination object around the area of interest can be shown when creating the MR test images, so that this area can be acquired with a short measurement time at a resolution that roughly corresponds to the resolution at which the optimized MR image is to be acquired later. Contrast can be used as the target function. The objective function g<sub>ROI</sub> can, for example, be the maximum of the derivative of a profile by the ROI. Figure 2 shows schematically the region of interest or ROI 30, where three different profiles are placed through the ROI and the signal intensity is observed along the profiles. By deriving the profiles, for example, the best contrast can be calculated, i.e. the largest change in intensity. By calculating at least one of the above quantities in the different test images, the test image having the best image quality parameter can be identified. If specific pathologies have already been marked in the overview images, the contrast between the marked pathologies and their immediate surroundings can be maximized. Then the profile can be restricted to a part of the pathology and the surrounding area, or instead of profiles, the signal intensities of ROIs in the pathology and the surrounding area can be directly compared. In the matrix, one of the imaging parameters, such as echo time, is varied in the direction of each axis, and another imaging parameter is varied in the other axis direction. The operator can then select the desired contrast by selecting one of the MR test images. The examiner notes that the image parameters such TE (measuring instant) is selected/optimized for the selected substance to result in higher contrast/intensity of the substance in the image compared to surrounding substance. Therefore, the image parameter selected are optimal to differentiate the selected substance from other substances in the image based on the contrast resulted from the selected parameter.).
It would have been obvious to one in the ordinary skill in the art before the effective filling date of the claimed invention to have modified the sequence of Traughber to incorporate the teachings of Ralf to provide a sub-sequence that suppress signal intensities of substances other than the substance to be detected. This modification will result in high degree of differentiation of tissue types as disclosed in Ralf in para. 0002. Additionally, choosing a subsequence that suppress signal intensities of substances other than the selected substance will help in improving contrast, visibility of the substance, and detection of the substance.
Response to Arguments
Applicant's arguments filed 01/20/2026 have been fully considered but they are not persuasive. The applicant argues that Traughber fails to disclose “ determining, based on a type of the substance to be detected, a magnetic resonance sequence comprising a sub-sequence for detecting the substance, the sub-sequence comprising a time segment of the magnetic resonance configured for detecting the substance; detecting the substance when the magnetic resonance sequence signal of the examination object captured at the measuring instant fulfills a predetermined detection condition based upon an evaluation of the magnetic resonance sequence signal”. The examiner respectfully disagrees. first, with regards to the argument that Traughber merely disclose a prestored list of sequences for detecting unknow substances and is not configured to detect a specific substance, the reference explicitly teach selecting an imaging sequence based on tissue and/or material types to be identified, including selection based on user selected substance type. This constitute configuring the MR sequence for detecting a user selected substance, rather than merely applying a generic sequences for unknown substances.
Second, regarding the argument that the reference does not disclose a sequence comprising a subsequence and time segment, the reference disclose acquiring MR phase data using a series of echo times (TEs) acquisitions. In MRI, signal acquisition necessarily occurs during a readout portion of the MR sequence. This readout portion constitutes a subsequence of the MR sequence, each acquisition occurs over a defined temporal interval (i.e., a time segment) centered at corresponding TE. Thus, the disclosed TE based acquisition inherently define time segments within the MR sequence during which MR signal is obtained for detecting the substance.
Third, regarding the argument that the reference does not disclose evaluating a whether the captured signal satisfied a predetermined detection condition, the reference teaches analyzing MR signals (e.g., phase change or decay behavior over TE) and comparing those characteristics to know values (lookup tables) to differentiate and identify the selected substance presence in the signal. Such comparison inherently involves determining whether the evaluated signals corresponds to criteria associated with selected substance, which constitutes satisfying a predetermined detection condition.
Finally, the examiner notes that the reference does not disclose a static list of stored sequences, but teaches selecting an imaging sequence based on selected substance to be detected, including the use of specific parameters such as ultra short echo times for detecting short T2 species like cortical bone. Thus, the reference disclose selecting a sequence with time segment for detecting the substance to be detected and time instant at which the MR signal is measured.
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.
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/ZAINAB MOHAMMED ALDARRAJI/ Patent Examiner, Art Unit 3797
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795