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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 199, 214, and 216 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 17-18 of prior U.S. Patent No. 11,867,787. This is a statutory double patenting rejection.
‘787
Current App
An apparatus for controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the apparatus comprising: at least one computer hardware processor; and at least one computer-readable storage medium storing processor executable instructions that, when executed by the at least one computer hardware processor, cause the at least one computer hardware processor to perform a method comprising: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MM system caused by operation of the at least one gradient coil, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises: using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence, and wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
197. An apparatus for controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the apparatus comprising: at least one computer hardware processor; and at least one computer-readable storage medium storing processor executable instructions that, when executed by the at least one computer hardware processor, cause the at least one computer hardware processor to perform a method comprising: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model is based on a measure of induced magnetization obtained before receiving the information specifying the at least one target pulse sequence, the induced magnetization caused by operation of the at least one gradient coil; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
198. The apparatus of claim 197, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MRI system caused by operation of the at least one gradient coil.
199. The apparatus of claim 198, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence.
17. A method of controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the method comprising, with at least one computer hardware processor: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises: using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MM system caused by operation of the at least one gradient coil, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence, and wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
213. A method of controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the method comprising, with at least one computer hardware processor: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
214. The method of claim 213, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence.
18. At least one non-transitory computer-readable storage medium storing processor executable instructions that, when executed by at least one computer hardware processor, cause the at least one computer hardware processor to perform a method of controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the method comprising: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises: using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MM system caused by operation of the at least one gradient coil, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence, and wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
215. At least one non-transitory computer-readable storage medium storing processor executable instructions that, when executed by at least one computer hardware processor, cause the at least one computer hardware processor to perform a method of controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the method comprising: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
216. The at least one non-transitory computer-readable storage medium of claim 215, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 197-198, 200-213, and 215 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,867,787. Although the claims at issue are not identical, they are not patentably distinct from each other because (see below):
‘787
Current App
An apparatus for controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the apparatus comprising: at least one computer hardware processor; and at least one computer-readable storage medium storing processor executable instructions that, when executed by the at least one computer hardware processor, cause the at least one computer hardware processor to perform a method comprising: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MM system caused by operation of the at least one gradient coil, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises: using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence, and wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
197. An apparatus for controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the apparatus comprising: at least one computer hardware processor; and at least one computer-readable storage medium storing processor executable instructions that, when executed by the at least one computer hardware processor, cause the at least one computer hardware processor to perform a method comprising: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model is based on a measure of induced magnetization obtained before receiving the information specifying the at least one target pulse sequence, the induced magnetization caused by operation of the at least one gradient coil; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
198. The apparatus of claim 197, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MRI system caused by operation of the at least one gradient coil.
2. The apparatus of claim 1, wherein the corrected pulse sequence includes a corrected gradient pulse sequence and controlling the at least one gradient coil comprises driving the at least one gradient coil with the corrected gradient pulse sequence such that a strength of a gradient field formed in at least a portion of an imaging region of the MRI system is a target magnetic field strength that the target pulse sequence is designed to achieve.
200. The apparatus of claim 197, wherein the corrected pulse sequence includes a corrected gradient pulse sequence and controlling the at least one gradient coil comprises driving the at least one gradient coil with the corrected gradient pulse sequence such that a strength of a gradient field formed in at least a portion of an imaging region of the MRI system is a target magnetic field strength that the target pulse sequence is designed to achieve.
3. The apparatus of claim 1, wherein determining the corrected pulse sequence is further based on a current state of the hysteresis model.
201. The apparatus of claim 197, wherein determining the corrected pulse sequence is further based on a current state of the hysteresis model.
4. The apparatus of claim 1, wherein the hysteresis model comprises a plurality of lower magnetic field strength values and a plurality of upper magnetic field strength values, wherein each of the plurality of weights is associated with a respective one of the plurality of lower magnetic field strength values and a respective one of the upper magnetic field strength values.
202. The apparatus of claim 197, wherein the hysteresis model comprises a plurality of weights, a plurality of lower magnetic field strength values, and a plurality of upper magnetic field strength values, wherein each of the plurality of weights is associated with a respective one of the plurality of lower magnetic field strength values and a respective one of the upper magnetic field strength values.
5. The apparatus of claim 1, wherein the hysteresis model comprises a Preisach model.
203. The apparatus of claim 197, wherein the hysteresis model comprises a Preisach model.
6. The apparatus of claim 1, wherein each of the plurality of weights is determined using at least one previously-obtained hysteresis measurement obtained with a multielement probe.
204. The apparatus of claim 197, wherein the hysteresis model comprises a plurality of weights, and wherein each of the plurality of weights is determined using at least one previously-obtained hysteresis measurement obtained with a multielement probe.
7. The apparatus of claim 1, wherein the MRI system includes a ferromagnetic yoke, and wherein the hysteresis model represents effects of hysteresis induced at least in the ferromagnetic yoke by operation of the at least one gradient coil.
205. The apparatus of claim 197, wherein the MRI system includes a ferromagnetic yoke, and wherein the hysteresis model represents effects of hysteresis induced at least in the ferromagnetic yoke by operation of the at least one gradient coil.
8. The apparatus of claim 1, wherein determining the corrected pulse sequence comprises iteratively determining the corrected pulse sequence.
9. The apparatus of claim 8, wherein iteratively determining the corrected pulse sequence comprises: determining an initial corrected pulse sequence based on the target pulse sequence and the hysteresis model; and determining a final corrected pulse sequence based on the initial corrected pulse sequence and the hysteresis model, wherein controlling the at least one gradient coil comprises driving the at least one gradient coil with a final gradient pulse sequence of the final corrected pulse sequence such that a strength of a gradient field formed in at least a portion of an imaging region of the MM system is a target magnetic field strength value.
206. The apparatus of claim 197, wherein determining the corrected pulse sequence comprises iteratively determining the corrected pulse sequence, wherein iteratively determining the corrected pulse sequence comprises: determining an initial corrected pulse sequence based on the target pulse sequence and the hysteresis model; and determining a final corrected pulse sequence based on the initial corrected pulse sequence and the hysteresis model, wherein controlling the at least one gradient coil comprises driving the at least one gradient coil with a final gradient pulse sequence of the final corrected pulse sequence such that a strength of a gradient field formed in at least a portion of an imaging region of the MRI system is a target magnetic field strength value.
10. The apparatus of claim 1, wherein the corrected pulse sequence comprises a corrected gradient pulse sequence and determining the corrected gradient pulse sequence comprises determining an amplitude of every pulse of the corrected gradient pulse sequence by iterating from a beginning gradient pulse of the corrected gradient pulse sequence to a final gradient pulse of the corrected gradient pulse sequence, wherein the amplitude of a particular corrected gradient pulse of the corrected gradient pulse sequence is based on at least one previous corrected gradient pulse of the corrected gradient pulse sequence.
207. The apparatus of claim 197, wherein the corrected pulse sequence comprises a corrected gradient pulse sequence and determining the corrected gradient pulse sequence comprises determining an amplitude of every pulse of the corrected gradient pulse sequence by iterating from a beginning gradient pulse of the corrected gradient pulse sequence to a final gradient pulse of the corrected gradient pulse sequence, wherein the amplitude of a particular corrected gradient pulse of the corrected gradient pulse sequence is based on at least one previous corrected gradient pulse of the corrected gradient pulse sequence.
11. The apparatus of claim 1, wherein determining the corrected pulse sequence comprises determining a corrected transmit radio frequency (RF) pulse sequence used to control a RF transmit coil and/or a corrected receive RF pulse sequence used to control a RF receive coil.
208. The apparatus of claim 197, wherein determining the corrected pulse sequence comprises determining a corrected transmit radio frequency (RF) pulse sequence used to control a RF transmit coil and/or a corrected receive RF pulse sequence used to control a RF receive coil.
12. The apparatus of claim 11, wherein: determining a corrected transmit RF pulse sequence comprises adjusting a center frequency or phase of a transmit RF pulse of the corrected transmit RF pulse sequence.
209. The apparatus of claim 208, wherein: determining a corrected transmit RF pulse sequence comprises adjusting a center frequency or phase of a transmit RF pulse of the corrected transmit RF pulse sequence.
13. The apparatus of claim 1, further comprising the MRI system.
210. The apparatus of claim 197, further comprising the MRI system.
14. The apparatus of claim 13, further comprising the at least one gradient coil.
211. The apparatus of claim 210, further comprising the at least one gradient coil.
15. The apparatus of claim 13, wherein the Mill system comprises a ferromagnetic yoke.
16. The apparatus of claim 15, wherein the ferromagnetic yoke comprises: a first plate comprising ferromagnetic material; a second plate comprising ferromagnetic material; and a frame comprising ferromagnetic material coupled to the first plate and the second plate.
212. The apparatus of claim 210, wherein the MRI system comprises a ferromagnetic yoke, and wherein the ferromagnetic yoke comprises: a first plate comprising ferromagnetic material; a second plate comprising ferromagnetic material; and a frame comprising ferromagnetic material coupled to the first plate and the second plate.
17. A method of controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the method comprising, with at least one computer hardware processor: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises: using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MM system caused by operation of the at least one gradient coil, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence, and wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
213. A method of controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the method comprising, with at least one computer hardware processor: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
18. At least one non-transitory computer-readable storage medium storing processor executable instructions that, when executed by at least one computer hardware processor, cause the at least one computer hardware processor to perform a method of controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the method comprising: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model comprises a plurality of weights, and wherein determining the corrected pulse sequence comprises: using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MM system caused by operation of the at least one gradient coil, wherein determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence, and wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
215. At least one non-transitory computer-readable storage medium storing processor executable instructions that, when executed by at least one computer hardware processor, cause the at least one computer hardware processor to perform a method of controlling at least one gradient coil of a magnetic resonance imaging (MRI) system, the method comprising: receiving information specifying at least one target pulse sequence; determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil, wherein the hysteresis model is based on the measure of the induced magnetization obtained before receiving the information specifying the at least one target pulse sequence; and controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient.
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.
Claims 197, 200-201, 206-207, 210-211, 213, 215 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma (EP 1004892 A1).
Regarding claim 197, Ma teaches an apparatus for controlling at least one gradient coil of a magnetic resonance imaging (MRI) system [Fig. 1, gradient amplifiers 127 for gradient coils of an MRI apparatus. See also rest of reference.], the apparatus comprising:
at least one computer hardware processor [Fig. 1, system control 122 includes a CPU 119 and array processor 161. See also rest of reference.]; and
at least one computer-readable storage medium storing processor executable instructions that [Fig. 1, memory 160. See also rest of reference.], when executed by the at least one computer hardware processor, cause the at least one computer hardware processor to perform a method comprising:
receiving information specifying at least one target pulse sequence [Fig. 1, wherein pulse sequence generator 121 sends information to gradient compensation system 129. See also ¶0040 and ¶0043 and Fig. 13, wherein gradient compensation system 129 includes waveform memory 250 and controller 252. See also rest of reference.];
determining a corrected pulse sequence to control the at least one gradient coil based on the at least one target pulse sequence and a hysteresis model of induced magnetization in the MRI system caused by operation of the at least one gradient coil [Fig. 13, the gradient pulses are corrected using the look-up table, which corrects based on hysteresis and the target pulse sequence that was input from the pulse sequence generator 121 and gradient compensation system 129. Fig. 12 shows that the look-up table corrects for hysteresis. See also rest of reference.], wherein the hysteresis model is based on a measure of induced magnetization obtained before receiving the information specifying the at least one target pulse sequence, the induced magnetization caused by operation of the at least one gradient coil [See ¶0010 and Fig. 13, wherein the measurement of the hysteresis is performed first, and then compensation of imaging gradients is performed. See also look-up table which is saved in memory and used for later pulse sequences. See also rest of reference.]; and
controlling, using the corrected pulse sequence, the at least one gradient coil to generate one or more gradient pulses for imaging a patient [Fig. 13, wherein the gradient coils are controlled according to the corrected pulse sequence and corrected gradients. See also rest of reference.].
Regarding claim 200, Ma further teaches wherein the corrected pulse sequence includes a corrected gradient pulse sequence and controlling the at least one gradient coil comprises driving the at least one gradient coil with the corrected gradient pulse sequence such that a strength of a gradient field formed in at least a portion of an imaging region of the MRI system is a target magnetic field strength that the target pulse sequence is designed to achieve [Fig. 12, wherein the gradient compensation is performed until the gradient is within a specified error. See ¶0032-0037. See also Fig. 11 and ¶0024-0025 and rest of reference.].
Regarding claim 201, Ma further teaches wherein determining the corrected pulse sequence is further based on a current state of the hysteresis model [¶0033-0037, wherein the calibration process uses a pulse sequence that is iteratively corrected. See also rest of reference.].
Regarding claim 206, Ma further teaches wherein determining the corrected pulse sequence comprises iteratively determining the corrected pulse sequence, wherein iteratively determining the corrected pulse sequence comprises: determining an initial corrected pulse sequence based on the target pulse sequence and the hysteresis model [¶0033-0037, wherein the calibration process uses a pulse sequence that is iteratively corrected. See also rest of reference.]; and determining a final corrected pulse sequence based on the initial corrected pulse sequence and the hysteresis model [¶0033-0037, wherein the calibration process uses a pulse sequence that is iteratively corrected. See also rest of reference.], wherein controlling the at least one gradient coil comprises driving the at least one gradient coil with a final gradient pulse sequence of the final corrected pulse sequence such that a strength of a gradient field formed in at least a portion of an imaging region of the MRI system is a target magnetic field strength value [¶0033-0037 and Fig. 12-13, wherein the final corrected pulse sequence parameters are stored in the look-up table to be used in a further pulse sequence. See also rest of reference.].
Regarding claim 207, Ma further teaches wherein the corrected pulse sequence comprises a corrected gradient pulse sequence and determining the corrected gradient pulse sequence comprises determining an amplitude of every pulse of the corrected gradient pulse sequence by iterating from a beginning gradient pulse of the corrected gradient pulse sequence to a final gradient pulse of the corrected gradient pulse sequence [See Fig. 12, wherein each gradient pulse is corrected. See also rest of reference.], wherein the amplitude of a particular corrected gradient pulse of the corrected gradient pulse sequence is based on at least one previous corrected gradient pulse of the corrected gradient pulse sequence [See look-up table, wherein correction parameters are stored in a look-up table and used for later. Therefore, the amplitude of a particular corrected gradient pulse of the corrected gradient pulse sequence is based on at least one previous corrected gradient pulse of the corrected gradient pulse sequence. See also rest of reference.].
Regarding claim 210, Ma further teaches further comprising the MRI system [Fig. 1, wherein the MRI apparatus is shown.].
Regarding claim 211, Ma further teaches further comprising the at least one gradient coil [Fig. 1, see gradient amplifier 127 which are used to power gradient coils.].
Regarding claim 213, the same reasons for rejection of claim 197 also apply to this claim. Claim 213 is merely the method version of apparatus claim 197.
Regarding claim 215, the same reasons for rejection of claim 197 also apply to this claim. Claim 215 is merely the non-transitory computer-readable storage medium version of claim 197.
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 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 198 and 202-203 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited Ma, in view of Li (“Finite element analysis of gradient z-coil induced eddy currents in a permanent MRI magnet”).
Regarding claim 198, Ma teaches the limitations of claim 197, which this claim depends from.
Ma further teaches wherein determining the corrected pulse sequence comprises using the hysteresis model to determine a first adjusted pulse amplitude of a first corrected pulse within the corrected pulse sequence based on a measure of the induced magnetization in the MRI system caused by operation of the at least one gradient coil [See the correction procedure described in Fig. 12. See also rest of reference.].
However, Ma is silent in teaching wherein the hysteresis model comprises a plurality of weights.
Li, which is also in the field of compensating hysteresis effects, teaches wherein the hysteresis model comprises a plurality of weights [See Page 151. 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 Ma and Li because Ma teaches that iron elements in MRI apparatuses cause hysteresis, which will cause perturbations/distortions. Li teaches using a Preisach model can be used for detailed analysis of hysteresis in MRI apparatuses and can be used to correct effects of hysteresis [Li - See Page 151. See also rest of reference.], which is an object of Ma.
Regarding claim 202, Ma teaches the limitations of claim 197, which this claim depends from.
However, Ma is silent in teaching wherein the hysteresis model comprises a plurality of weights, a plurality of lower magnetic field strength values, and a plurality of upper magnetic field strength values, wherein each of the plurality of weights is associated with a respective one of the plurality of lower magnetic field strength values and a respective one of the upper magnetic field strength values.
Li, which is also in the field of compensating hysteresis effects, teaches wherein the hysteresis model comprises a plurality of weights, a plurality of lower magnetic field strength values, and a plurality of upper magnetic field strength values, wherein each of the plurality of weights is associated with a respective one of the plurality of lower magnetic field strength values and a respective one of the upper magnetic field strength values [See Page 151. 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 Ma and Li because Ma teaches that iron elements in MRI apparatuses cause hysteresis, which will cause perturbations/distortions. Li teaches using a Preisach model can be used for detailed analysis of hysteresis in MRI apparatuses and can be used to correct effects of hysteresis [Li - See Page 151. See also rest of reference.], which is an object of Ma.
Regarding claim 203, Ma teaches the limitations of claim 197, which this claim depends from.
However, Ma is silent in teaching wherein the hysteresis model comprises a Preisach model.
Li further teaches wherein the hysteresis model comprises a Preisach model [See page 151. 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 Ma and Li because Ma teaches that iron elements in MRI apparatuses cause hysteresis, which will cause perturbations/distortions. Li teaches using a Preisach model can be used for detailed analysis of hysteresis in MRI apparatuses and can be used to correct effects of hysteresis [Li - See Page 151. See also rest of reference.], which is an object of Ma.
Claim 204 is rejected under 35 U.S.C. 103 as being unpatentable over previously cited Ma, in view of previously cited Li, in view of Kaufman (US 5,227,728).
Regarding claim 204, Ma and teaches the limitations of claim 197, which this claim depends from.
Ma is silent in teaching wherein the hysteresis model comprises a plurality of weights, and wherein each of the plurality of weights is determined using at least one previously- obtained hysteresis measurement obtained with a multielement probe.
Li further teaches wherein each of the plurality of weights is determined using at least one previously-obtained hysteresis measurement [See Page 151. 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 Ma and Li because Ma teaches that iron elements in MRI apparatuses cause hysteresis, which will cause perturbations/distortions. Li teaches using a Preisach model can be used for detailed analysis of hysteresis in MRI apparatuses and can be used to correct effects of hysteresis [Li - See Page 151. See also rest of reference.], which is an object of Ma.
However, Ma and Li are silent in teaching at least one previously-obtained hysteresis measurement obtained with a multi-element probe.
Kaufman further teaches at least one previously-obtained hysteresis measurement obtained with a multi-element probe [See Col. 4, lines 46-62 and Col. 5, lines 37-51, wherein arrayed Hall probes can be used to measure the net magnetization (which includes hysteresis) as well as other types multi-element probes. 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 Ma and Li and the teachings of Kaufman because Kaufman teaches that it is known in the art to use multi-element probes, such as arrayed Hall probes, to measure the magnetic fields (including effects of hysteresis) in a MRI apparatus [Kaufman -See Col. 4, lines 46-62 and Col. 5, lines 37-51].
Claims 205 and 212 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited Ma, in view of Kaufman (US 5,250,901. Herein referred to as ‘901 to not be confused with the above cited Kaufman.).
Regarding claim 205, Ma teaches the limitations of claim 197, which this claim depends from.
Ma further teaches wherein the MRI system includes a yoke [See Fig. 1, the MRI apparatus includes a yoke supporting the magnet plates.]. Ma also teaches wherein the MRI system includes a ferromagnetic elements, and wherein the hysteresis model represents effects of hysteresis induced at least in the ferromagnetic elements by operation of the at least one gradient coil [¶0013; ¶0015. See also rest of reference.].
However, Ma is silent in teaching wherein the ferromagnetic elements includes a ferromagnetic yoke.
‘901, which is also in the field of MRI, teaches wherein the MRI system includes a ferromagnetic yoke [Fig. 6, see iron yoke.], and wherein the hysteresis model represents effects of hysteresis induced at least in the ferromagnetic yoke by operation of the at least one gradient coil [Col. 4, lines 38-51, wherein hysteresis caused by iron materials can be compensated for. 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 Ma and ‘901 because Ma teaches an MRI apparatus with a yoke and iron elements in the MRI apparatus and ‘901 teaches that the it is known in the art for yokes to be made of iron [‘901 – Fig. 6].
Regarding claim 212, Ma teaches the limitations of claim 210, which this claim depends from.
Ma further teaches wherein the MRI system comprises a yoke [See Fig. 1, the MRI apparatus includes a yoke supporting the magnet plates.]. Ma further teaches wherein the yoke comprises: a first plate comprising material [Fig. 1, wherein the MRI apparatus includes a top plate.]; a second plate comprising material [Fig. 1, wherein the MRI apparatus includes a bottom plate.]; and a frame comprising material coupled to the first plate and the second plate [Fig. 1, wherein the MRI apparatus a frame including bars/pillars holding the plates in place.].
However, Ma is silent in teaching wherein the MRI system comprises a ferromagnetic yoke. Ma is silent in teaching a first plate comprising ferromagnetic material; a second plate comprising ferromagnetic material; and a frame comprising ferromagnetic material coupled to the first plate and the second plate.
‘901, which is also in the field of MRI, teaches wherein the MRI system comprises a ferromagnetic yoke [Fig. 6, see iron yoke. See also rest of reference.]. ‘901 further teaches wherein the ferromagnetic yoke comprises: a first plate comprising ferromagnetic material [Fig. 6, iron yoke 50. Col. 7, lines 53-59, wherein the yoke includes end plates.]; a second plate comprising ferromagnetic material [Fig. 6, iron yoke 50. Col. 7, lines 53-59, wherein the yoke includes end plates.]; and a frame comprising ferromagnetic material coupled to the first plate and the second plate [Fig. 6, iron yoke 50. Col. 7, lines 53-59, wherein the yoke includes 4 posts that are used to support the end plates.].
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 Ma and ‘901 because Ma teaches an MRI apparatus with a yoke and iron elements in the MRI apparatus and ‘901 teaches that the it is known in the art for yokes to be made of iron [‘901 – Fig. 6].
Claims 208-209 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited Ma, in view of Sueoka (US 2013/0154642).
Regarding claim 208, Ma teaches the limitations of claim 197, which this claim depends from.
Ma further teaches the transmit/receive switch 154 also enables a separate RF calibration coil to be used in either the transmit or receive mode [¶0029].
However, Ma is silent in teaching wherein determining the corrected pulse sequence comprises determining a corrected transmit radio frequency (RF) pulse sequence used to control a RF transmit coil and/or a corrected receive RF pulse sequence used to control a RF receive coil.
Sueoka, which is also in the field of MRI, teaches wherein determining the corrected pulse sequence comprises determining a corrected transmit radio frequency (RF) pulse sequence used to control a RF transmit coil and/or a corrected receive RF pulse sequence used to control a RF receive coil [Abstract; ¶0029. 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 Ma and Sueoka because Ma teaches correcting hysteresis and Sueoka also teaches a method of correcting hysteresis [See Fig. 5-6 of Seoka. See also rest of reference.]. Sueoka also teaches that it would be beneficial to correct the center frequency of RF pulses to further improve the quality of the acquired MRI signals [Seoka - ¶0010-0012; ¶0029].
Regarding claim 209, Ma and Sueoka teach the limitations of claim 208, which this claim depends from.
Ma is silent in teaching wherein: determining a corrected transmit RF pulse sequence comprises adjusting a center frequency or phase of a transmit RF pulse of the corrected transmit RF pulse sequence.
Sueoka further teaches wherein: determining a corrected transmit RF pulse sequence comprises adjusting a center frequency or phase of a transmit RF pulse of the corrected transmit RF pulse sequence [Abstract; ¶0029. 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 Ma and Sueoka because Ma teaches correcting hysteresis and Sueoka also teaches a method of correcting hysteresis [See Fig. 5-6 of Seoka. See also rest of reference.]. Sueoka also teaches that it would be beneficial to correct the center frequency of RF pulses to further improve the quality of the acquired MRI signals [Seoka - ¶0010-0012; ¶0029].
Allowable Subject Matter
Claims 199, 214, and 216 would be allowable if rewritten to overcome the rejection(s) under double patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 199, 214, and 216, the closest prior art is considered previously cited Ma and Li.
Ma teaches correcting gradient pulses. However, Ma does not teach wherein “determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence.”
Similarly, Li, which is also in the field of MRI, teaches hysteresis but teaches correction/compensation is performed by producing compensation shields [See Discussion and Conclusion sections.]. This is not the same as correcting/compensating gradient amplitudes. Therefore, Li is also silent in teaching “determining the first adjusted pulse amplitude of the first corrected pulse is based on the hysteresis model and a value of at least a second adjusted pulse amplitude of a second corrected pulse that occurs earlier in the corrected pulse sequence than the first corrected pulse, wherein the plurality of weights are used to adjust the at least one target pulse sequence to result in the corrected pulse sequence.”
The same applies for claims 214 and 216.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2002/0060569 teaches that gradient coils produce residual magnetization due to their hysteresis.
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/RISHI R PATEL/Primary Examiner, Art Unit 2896
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