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 .
Status of Claims
Claims 1-16 and 18 are pending. Claim 17 is canceled, and Claim 18 is new.
Response to Arguments
Applicant’s arguments, see p. 8, filed 01/05/2026, with respect to the rejections of Claims 1-17 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejection of Claims 1-17 under this section of the rules has been withdrawn.
Applicant’s arguments, see p. 8-11, filed 01/05/2026, with respect to the rejection of Claim 16 under 35 U.S.C. 103 have been fully considered but are moot because Applicant’s amendments of the independent claim has altered the scope of the claim, and therefore, necessitated new grounds of rejection which are presented below. Examiner has considered applicants arguments with respect to the new claim 18. However, arguments are moot due to new claims being presented and are therefore being analyzed as presented below.
Additionally, Applicant’s arguments, see p. 8-11, filed 01/05/2026, with respect to the rejections of Claims 1-10 and 12-15 under 35 U.S.C. 103 have been fully considered but are not persuasive. Applicant argues that the linear coefficients of Wu are applied only to the baseline phase information and are not applied to baseline images that include both amplitude and phase information. Therefore, Wu does not teach or suggest the weighted sum of the sets of baseline image features includes both amplitude and phase information as recited by amended claim 1. Examiner respectfully disagrees, and for further clarification, Wu, Para. 71, teaches magnitude images in the baseline library are first binned into distinct motion states based on the liver position, and for each new dynamic magnitude image, linear coefficients are calculated so the combination of these binned baseline images best match the liver position in the dynamic image wherein these linear coefficients are then applied to the corresponding binned baseline phase images of individual channels and echoes to form a reference phase image, i.e., weighted sum of the sets of baseline image features includes both amplitude and phase information being the magnitude or amplitude images being used to calculate linear coefficients for application to corresponding baseline phase images. Accordingly, THIS ACTION IS MADE FINAL.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5, 7-10, 12-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 20220179023 A1) in view of Paulson et al. (US 20190113587 A1).
Regarding Claim 1, Wu teaches "A method comprising: decomposing, for each of a plurality of orthogonal slices, a set of proton resonance frequency (PRF) baseline images for the orthogonal slice into a set of baseline image features for the orthogonal slice, wherein each of the sets of baseline image features includes amplitude and phase information"; (Wu, Paras. 52, 69, and 87, teaches PRF temperature change calculation using a baseline image library of baseline images which are reconstructed with the KWIC method to generate dynamic magnitude and phase images wherein maps acquired are both in axial and coronal slice orientations to measure the temperature change and wherein the RF pulses are of a desired frequency, phase, and pulse amplitude, i.e., decompose a set of PRF baseline images into baseline image features for each of a plurality of orthogonal slices being the magnitude and phase images as well as the pulse comprising phase and amplitude);
"
"subtracting a weighted sum of the sets of baseline image features from the combined multi-encoded PRF treatment image to obtain a combined treatment-specific temperature information of the imaging region that provides multi-orthogonal slice temperature information associated with or resulting from treatment or thermal ablation of the imaging region of a patient after subtraction or removal of the baseline image features"; (Wu, Para. 71, teaches calculating PRF relative temperature change using a multi-baseline approach during the coil-and-echo-combination stage wherein magnitude images in the baseline library are binned into distinct motion states based on liver position in which linear coefficients are calculated so the combination of these binned baseline images best match the liver position in the dynamic image wherein the linear coefficients are then applied to the corresponding binned baseline phase images of individual channels and echoes to form a reference phase image which eventually outputs a phase difference between baseline and dynamic time points to generate the temperature change map, i.e., subtract a weighted sum of the sets of baseline image features from the PRF treatment image to obtain treatment-specific temperature information of an imaging region that provides slice temperature information associated with the treatment of the region of the patient after the subtraction of the baseline image features);
"wherein the weighted sum of the sets of baseline image features includes both amplitude and phase information"; (Wu, Para. 71, teaches magnitude images in the baseline library are first binned into distinct motion states based on the liver position, and for each new dynamic magnitude image, linear coefficients are calculated so the combination of these binned baseline images best match the liver position in the dynamic image wherein these linear coefficients are then applied to the corresponding binned baseline phase images of individual channels and echoes to form a reference phase image, i.e., weighted sum of the sets of baseline image features includes both amplitude and phase information being the magnitude or amplitude images being used to calculate linear coefficients for application to corresponding baseline phase images);
"and processing the combined treatment-specific temperature information of the imaging region to obtain slice-specific treatment-specific temperature information for each of the plurality of orthogonal slices"; (Wu, Paras. 2, 68-69, and 71, teaches using MR thermometry to measure temperature distribution and estimate thermal dosage during procedures to help determine the treatment endpoint while providing safety information to avoid unwanted thermal damage outside of the treatment zone by calculating proton resonance frequency temperature change using the phase component in aqueous tissue identified on the water mask in which the temperature maps may then be temporally interleaved to improve temporal resolution wherein the number of slices may be reduced and a thinner slice thickness may be used to improve temporal resolution and wherein PRF relative temperature change is readily calculated and a temperature change map is generated based on a modified multi-baseline approach, i.e., process combined treatment-specific temperature information of an imaging region to obtain slice-specific and treatment-specific temperature information of the slices).
However, Wu does not explicitly teach "acquiring, using a magnetic imaging resonance (MRI) scanner of a MRI system based on a radio frequency (RF) excitation pulse sequence for each of the plurality of orthogonal slices, a combined multi-encoded PRF treatment image of an imaging region that includes amplitude and phase information".
In an analogous field of endeavor, Paulson teaches "acquiring, using a magnetic imaging resonance (MRI) scanner of a MRI system based on a radio frequency (RF) excitation pulse sequence for each of the plurality of orthogonal slices, a combined multi-encoded PRF treatment image of an imaging region that includes amplitude and phase information"; (Paulson, Paras. 4, 34, 39, 49-50, and 120, teaches imaging of a MRI system using radio frequency excitation pulses to provide encoding of spins for orthogonal slices wherein the pulse sequences contain phase encoding gradients and pulse amplitude, i.e., using an MRI scanner of an MRI system based on radio frequency excitation pulse sequences for a plurality of orthogonal slices which include an imaging region that includes amplitude and phase information, wherein multiplexed simultaneous orthogonal plane imaging may be used to simultaneously excited more than one slice on each orthogonal axis with multiband RF pulses wherein the gradient echoes may be acquired in a combined manner and the orthogonal slices will be superimposed in the reconstructed image and wherein the simultaneous acquisition of data from orthogonal slices can allow for generating proton resonance frequency shift thermometry maps in moving structures, i.e., acquire combined multi-encoded PRF treatment image of an imaging region).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Wu by including the acquisition of combined multi-encoded PRF treatment images including amplitude and phase information by using MRI radio frequency excitation pulse sequences for orthogonal slices taught by Paulson. One of ordinary skill in the art would be motivated to combine the references since it improves visualization and accuracy of dose delivery (Paulson, Para. 31, teaches the motivation of combination to be to improve visualization of the target and nearby structures and aid in the monitoring of intrafraction motion and the improvement of the accuracy of dose delivery).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date.
Regarding Claim 2, the combination of references of Wu in view of Paulson teaches "The method of claim 1, wherein the method is a method of obtaining temperature information of an imaging region of the patient for magnetic resonance imaging (MRI) thermometry during treatment or thermal ablation of the imaging region of the patient"; (Paulson, Para. 34, teaches MRI-guided therapies or interventions that allow for generating proton resonance frequency shift thermometry maps in moving structures, i.e., obtain temperature information of an imaging region being the moving structures of a patient for MRI thermometry during treatment of the patient).
The proposed combination as well as the motivation for combining the Wu and Paulson references presented in the rejection of Claim 1, applies to claim 2. Thus, the method recited in claim 2 is met by Wu in view of Paulson.
Regarding Claim 3, the combination of references of Wu in view of Paulson teaches "The method of claim 1, wherein the combined multi-encoded PRF treatment image is a combination of slice-specific treatment images for the plurality of orthogonal slices that have been separately encoded using a different encoding pattern for each of the orthogonal slices"; (Paulson, Paras. 34 and 63-64, teaches simultaneous orthogonal plane imaging to generate PRF shift thermometry maps in moving structures wherein multiplexed SOPI is used to simultaneously excite more than one slice on each orthogonal axis with multiband RF pulses wherein the aliased parallel slices along each orthogonal axis may be separated in which CAIPIRINHA phase modulation may be used to improve the separation of slices includes applying RF phase ramps along the phase encode direction with a slope and intercept of a first slice whereas the second slice on each orthogonal axis can then be shifted, i.e., combined multi-encoded PRF treatment image is a combination of slice-specific images for a plurality of orthogonal slices that have been separately encoded use different encoding patterns for each of the slices).
The proposed combination as well as the motivation for combining the Wu and Paulson references presented in the rejection of Claim 1, applies to claim 3. Thus, the method recited in claim 3 is met by Wu in view of Paulson.
Regarding Claim 4, the combination of references of Wu in view of Paulson teaches "The method of claim 1, further comprising: performing, with the MRI system during treatment or thermal ablation of at least a portion of the imaging region of the patient, a pulse sequence including a slice-specific RF excitation pulse sequence for each of the orthogonal slices, wherein each of the slice-specific RF excitation pulse sequences is performed using a different encoding pattern"; (Paulson, Paras. 63-64, teaches SOPI pulse sequences for multislice imaging with multiband RF pulses to simultaneously excite more than one slice on each orthogonal axis wherein CAIPIRINHA phase modulation may be used to improve the separation of slices includes applying RF phase ramps along the phase encode direction with a slope and intercept of a first slice whereas the second slice on each orthogonal axis can then be shifted, i.e., pulse sequence includes slice-specific RF excitation pulse sequence for each of the orthogonal slices wherein the excitation pulse sequences are performed using different encoding patterns due to the shift).
The proposed combination as well as the motivation for combining the Wu and Paulson references presented in the rejection of Claim 1, applies to claim 4. Thus, the method recited in claim 4 is met by Wu in view of Paulson.
Regarding Claim 5, the combination of references of Wu in view of Paulson teaches "The method of claim 4, wherein the decomposing comprises: acquiring the set of proton resonance frequency (PRF) baseline images for each of the plurality of orthogonal slices of the imaging region"; (Wu, Paras. 52, 69, and 87, teaches PRF temperature change calculation using a baseline image library of baseline images which are reconstructed with the KWIC method to generate dynamic magnitude and phase images wherein maps acquired are both in axial and coronal slice orientations to measure the temperature change, i.e., decomposing comprises acquiring PRF baseline images of orthogonal slices of a region);
"and decomposing, for each of the plurality of orthogonal slices, the set of PRF baseline images for the orthogonal slice into a set of baseline image features for the orthogonal slice, wherein each of the sets of baseline image features includes amplitude and phase information and are not associated with the treatment or thermal ablation of the imaging region of the patient"; (Wu, Paras. 2-3, 52, 69, and 87, teaches PRF temperature change calculation using a baseline image library of baseline images which are reconstructed with the KWIC method to generate dynamic magnitude and phase images wherein maps acquired are both in axial and coronal slice orientations to measure the temperature change and wherein the RF pulses are of a desired frequency, phase, and pulse amplitude wherein the baseline maps are without heating compared to an accumulated phase in a gradient echo sequence during heating of a thermal therapy, i.e., decompose a set of PRF baseline images into baseline image features for each of a plurality of orthogonal slices being the magnitude and phase images as well as the pulse comprising phase and amplitude wherein the baseline image features are not associated with the thermal treatment of the region of the patient).
Regarding Claim 7, the combination of references of Wu in view of Paulson teaches "The method of claim 1, wherein the combined multi-encoded PRF treatment image includes amplitude and phase information for features including both: 1) the set of baseline image features, including amplitude and phase information, for each of the plurality of orthogonal slices"; (Wu, Paras. 52 and 71, teaches calculating PRF relative temperature change using a multi-baseline approach during the coil-and-echo combination stage wherein the PRF temperature change map is generated from a phase difference between baseline and dynamic time points and wherein the RF pulses applied to the RF coil have a desired frequency, phase, and pulse amplitude, i.e., PRF treatment images include baseline image features including amplitude and phase information for each slice);
"and 2) amplitude and phase information for treatment specific features that resulted from or are associated with treatment or thermal ablation of the imaging region of the patient"; (Paulson, Paras. 34 and 120, teaches MRI-guided therapies or intervention for real-time SOPI imaging when targeting moving structures in the abdomen wherein the simultaneous acquisition of data from orthogonal slices can allow for generating proton resonance frequency shift thermometry maps in moving structures and wherein the RF pulses are of desired frequency, phase, and pulse amplitude, i.e., amplitude and phase information for treatment specific features resulting from treatment of the imaging region).
The proposed combination as well as the motivation for combining the Wu and Paulson references presented in the rejection of Claim 1, applies to claim 7. Thus, the method recited in claim 7 is met by Wu in view of Paulson.
Regarding Claim 8, the combination of references of Wu in view of Paulson teaches "The method of claim 1, further comprising: determining the weighted sum of the sets of baseline image features for the plurality of orthogonal slices, including amplitude and phase information"; (Wu, Paras. 52, 69, and 71, teaches calculating PRF relative temperature change using a modified multi-baseline approach during the coil-and-echo-combination stage wherein each new dynamic magnitude image results in linear coefficients being calculated so the combination of these binned baseline images best match the liver position in the dynamic image in which these linear coefficients are applied to the baseline phase images to form a reference phase image eventually resulting in the phase difference between the baseline and dynamic time points for the temperature change map wherein the spatial resolution is improved by reducing slice number or slick thickness and wherein the RF pulses are of a desired frequency, phase, and pulse amplitude, i.e., weighted sum of image features being the linear coefficients for the slices which include amplitude and phase information).
Regarding Claim 9, the combination of references of Wu in view of Paulson teaches "The method of claim 8, wherein the determining the weighted sum comprises: determining the weighted sum, among a plurality of weighted sums, of the sets of baseline image features for the plurality of orthogonal slices, including amplitude and phase information, which most closely matches the combined multi-encoded PRF treatment image"; (Wu, Para. 71, teaches magnitude images in the baseline library are first binned into distinct motion states based on the liver position and for each new dynamic magnitude image, linear coefficients are calculated so the combination of these binned baseline images best match the liver position in the dynamic image wherein the linear coefficients are then applied to the corresponding binned baseline phase images to form a reference phase image to output the phase difference between the baseline and dynamic timepoints to generate the temperature change map, i.e., determine the weighted sum being the linear coefficients combination of the plurality of weighted sums of the sets of baseline image features for the slices which include phase and amplitude information that most closely matches the PRF treatment image).
Regarding Claim 10, the combination of references of Wu in view of Paulson teaches "The method of claim 1, wherein the processing the combined treatment- specific temperature information comprises: de-aliasing, based on different encoding patterns for the plurality of orthogonal slices, the combined treatment-specific temperature information of the imaging region to obtain slice-specific treatment-specific temperature information for each of the plurality of orthogonal slices"; Paulson, Paras. 34 and 63-64, teaches simultaneous orthogonal plane imaging to generate PRF shift thermometry maps in moving structures wherein multiplexed SOPI is used to simultaneously excite more than one slice on each orthogonal axis with multiband RF pulses wherein the aliased parallel slices along each orthogonal axis may be separated in which CAIPIRINHA phase modulation may be used to improve the separation of slices includes applying RF phase ramps along the phase encode direction with a slope and intercept of a first slice whereas the second slice on each orthogonal axis can then be shifted, i.e., the combined treatment-specific temperature information of the imaging region is separated or de-aliased based on the different encoding pattern of the slices as seen in the shift to obtain the slice-specific treatment-specific temperature information of the slices).
The proposed combination as well as the motivation for combining the Wu and Paulson references presented in the rejection of Claim 1, applies to claim 10. Thus, the method recited in claim 10 is met by Wu in view of Paulson.
Regarding Claim 12, the combination of references of Wu in view of Paulson teaches "The method of claim 11, wherein the de-aliasing comprises at least one of the following: removing or decoding the different encoding patterns used for the plurality of orthogonal slices to separate the slice-specific treatment-specific temperature information among the plurality of orthogonal slices"; (Paulson, Paras. 34, 63-64, 66, and 68-69, teaches reference data for each slice being separated from Hadamard encoding and used to compute phase-constrained 2D-SENSE-GRAPPA weights to separate the aliased slices wherein mSOPI is used to generate PRF shift thermometry maps from phase difference between images at different echo times, i.e., removing or decoding the encoding patterns used for the slices to separate the slice-specific treatment-specific temperature information among the slices);
"and correctly apportioning temperature information to one or more of the slice-specific treatment-specific temperature information among the plurality of orthogonal slices"; (Paulson, Paras. 34, 63-64, and 68-71, teaches reference data for each slice being separated from Hadamard encoding and used to compute phase-constrained 2D-SENSE-GRAPPA weights to separate the aliased slices wherein mSOPI is used to generate PRF shift thermometry maps from phase difference between images at different echo times, i.e., temperature information from per-image phase difference is correctly apportioned to the separated slices with slice-specific treatment-specific temperature information after they are separated).
The proposed combination as well as the motivation for combining the Wu and Paulson references presented in the rejection of Claim 1, applies to claim 12. Thus, the method recited in claim 12 is met by Wu in view of Paulson.
Regarding Claim 13, the combination of references of Wu in view of Paulson does not explicitly teach "The method of claim 12, wherein the correctly apportioning comprises: correctly apportioning temperature information to one or more of the slice-specific treatment-specific temperature information among the plurality of orthogonal slices, to obtain separate slice-specific treatment-specific temperature information for each of the plurality of orthogonal slices that indicates temperature information, per orthogonal slice, associated with or resulting from treatment or thermal ablation of the imaging region of the patient"; (Paulson, Paras. 34, 63-64, and 68-71, teaches reference data for each slice being separated from Hadamard encoding and used to compute phase-constrained 2D-SENSE-GRAPPA weights to separate the aliased slices wherein mSOPI is used to generate PRF shift thermometry maps from phase difference between images at different echo times, i.e., temperature information from per-image phase difference is correctly apportioned to the separated slices with slice-specific treatment-specific temperature information after they are separated to obtain separate slice-specific treatment-specific temperature information for each of the plurality of slices that indicate temperature information per slice wherein its associated with treatment of an imaging region of the patient);
"while omitting temperature information associated with the baseline image features"; (Wu, Para. 71, teaches linear coefficients being calculated so the combination of binned baseline images best match the liver position in the dynamic image wherein the linear coefficients are then applied to the corresponding binned baseline phase images to form a reference phase image to output a single phase image representing the phase difference between the baseline and dynamic time points to generate the temperature change map, i.e., omit temperature information associated with baseline image features).
The proposed combination as well as the motivation for combining the Wu and Paulson references presented in the rejection of Claim 1, applies to claim 13 Thus, the method recited in claim 13 is met by Wu in view of Paulson.
Regarding Claim 15, the combination of references of Wu in view of Paulson teaches "The method of claim 1, wherein the decomposing, for each of the plurality of orthogonal slices, the set of PRF baseline images for the orthogonal slice into a set of baseline image features for the orthogonal slice is performed based on at least one of the following techniques: a singular value decomposition of the set of PRF baseline images for each of the plurality of orthogonal slices; a Fourier Transform of information of the set of PRF baseline images for each of the plurality of orthogonal slices; or a Wavelet Transform of information of the set of PRF baseline images for each of the plurality of orthogonal slices"; (Wu, Para. 57, 69, and 87, teaches the processing of reconstructing 2D or 3D images of baseline images for PRF temperature change calculation by performing a Fourier transformation of raw k-space data wherein maps acquired are both in axial and coronal slice orientations to measure the PRF temperature change over the course of the scan, i.e., Fourier transform of information of the PRF baseline images for orthogonal slices).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Paulson and Majeed et al. (US 11493583 B1).
Regarding Claim 6, the combination of references of Wu in view of Paulson does not explicitly teach "The method of claim 5, wherein the acquiring the set of proton resonance frequency (PRF) baseline images comprises: acquiring the set of proton resonance frequency (PRF) baseline images for each of the plurality of orthogonal slices of the imaging region based on slice-specific RF excitation pulse sequences performed or applied for each of the orthogonal slices used to acquire the combined multi-encoded PRF treatment image".
In an analogous field of endeavor, Majeed teaches "The method of claim 5, wherein the acquiring the set of proton resonance frequency (PRF) baseline images comprises: acquiring the set of proton resonance frequency (PRF) baseline images for each of the plurality of orthogonal slices of the imaging region based on slice-specific RF excitation pulse sequences performed or applied for each of the orthogonal slices used to acquire the combined multi-encoded PRF treatment image"; (Majeed, Abstract and Col. 5 lines 44-67 and Col. 6 lines 1-15, teaches generating a temperature difference map through PRF thermometry including acquiring a set of baseline images prior to a thermal treatment of an organ of interest wherein a radio frequency module provides RF pulse signals to produce magnetic field pulse to rotate the spins of the protons in the imaged body of the patient and wherein a gradient and shim coil control module control slice-selection to acquire magnetic resonance signals representing planar slices of the patient, i.e., acquiring the set of PRF baseline images for each of the orthogonal slices of the imaging region based on slice-specific RF excitation pulse sequences applied to each of the orthogonal slices).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Wu and Paulson wherein the acquisition of combined multi-encoded PRF treatment images is performed by using RF excitation pulse sequences by including the acquiring of PRF baseline images for the slices of the imaging region based on slice-specific RF excitation pulse sequences taught by Majeed. One of ordinary skill in the art would be motivated to combine the references since to improve alignment and reduce deviation (Majeed, Col. 8 Lines 65-67 Col. 9 Lines 1-17, teaches the motivation of combination to be to improve alignment between the accepted thermal images and reduce standard deviation of PRF temperature difference).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Paulson and Grissom et al. (US 20110178386 A1).
Regarding Claim 14, the combination of references of Wu in view of Paulson teaches "The method of claim 10, wherein the de-aliasing uses a minimization of a cost function, wherein slice-specific treatment-specific temperature information is apportioned to each of the plurality of orthogonal slices according to (1) a fidelity or a match of the apportioned information, when encoded and combined, to the combined treatment-specific temperature information"; (Paulson, Paras. 34 and 68-71, teaches reference images being concatenated along the readout direction, brought to k-space, and a 2D-SENSE-GRAPPA kernel is fit to simultaneously unalias a single repetition in the slice and in-plane directions wherein an inverse Fourier transform and sum of squares coil combination can be used to produce an unaliased image and wherein Hadamard encoding can be used to separate the k-space data acquired for the parallel slices on each orthogonal axis, i.e., de-aliasing uses a minimization of a cost function wherein slice temperature information is apportioned to each of the orthogonal slices according to a match of the apportioned information to the combined temperature information due to the fit of the kernel).
However, the combination of references of Wu in view of Paulson does not explicitly teach "and (2), a mathematical sparsity of the apportioned slice-specific treatment-specific temperature information".
In an analogous field of endeavor, Grissom teaches "and (2), a mathematical sparsity of the apportioned slice-specific treatment-specific temperature information"; (Grissom, Paras. 11 and 16-18, teaches performing PRF shift thermometry wherein the phase background and the temperature distribution are estimated by minimizing a penalized likelihood cost function with respect to coefficients associated with baseline images in which the penalized likelihood cost function may include a non-sparseness penalty and/or a roughness penalty for the temperature-induced phase shifts and wherein the temperature distribution may also be estimated using a penalized-likelihood algorithm applied jointly to the baseline and treatment images acquired multiple MRI receiver coils, i.e., minimization of a cost function according to a mathematical sparsity of apportioned temperature information).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Wu and Paulson by including the minimization of a cost function according to a mathematical sparsity of temperature information taught by Grissom. One of ordinary skill in the art would be motivated to combine the references since it improve the accuracy of the region estimations (Grissom, Para. 63, teaches the motivation of combination to be to improve the accuracy of estimates in regions of low image magnitude).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Paulson and Yang et al. (US 20210035325 A1).
Regarding Claim 16, the combination of references of Wu in view of Paulson teaches "An apparatus, comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: decompose, for each of a plurality of orthogonal slices, a set of proton resonance frequency (PRF) baseline images for the orthogonal slice into a set of baseline image features for the orthogonal slice"; (Wu, Paras. 52, 69, and 87, teaches PRF temperature change calculation using a baseline image library of baseline images which are reconstructed with the KWIC method to generate dynamic magnitude and phase images wherein maps acquired are both in axial and coronal slice orientations to measure the temperature change and wherein the RF pulses are of a desired frequency, phase, and pulse amplitude, i.e., decompose a set of PRF baseline images into baseline image features for each of a plurality of orthogonal slices being the magnitude and phase images as well as the pulse comprising phase and amplitude);
"";
"wherein each of the sets of baseline image features includes amplitude and phase information"; (Wu, Para. 71, teaches magnitude images in the baseline library and corresponding baseline phase images, i.e., sets of baseline image features includes amplitude and phase information);
"acquire, using a magnetic imaging resonance (MRI) scanner of a MRI system based on a radio frequency (RF) excitation pulse sequence for each of the plurality of orthogonal slices, a combined multi-encoded PRF treatment image of an imaging region that includes amplitude and phase information"; (Paulson, Paras. 4, 34, 39, 49-50, and 120, teaches imaging of a MRI system using radio frequency excitation pulses to provide encoding of spins for orthogonal slices wherein the pulse sequences contain phase encoding gradients and pulse amplitude, i.e., using an MRI scanner of an MRI system based on radio frequency excitation pulse sequences for a plurality of orthogonal slices which include an imaging region that includes amplitude and phase information, wherein multiplexed simultaneous orthogonal plane imaging may be used to simultaneously excited more than one slice on each orthogonal axis with multiband RF pulses wherein the gradient echoes may be acquired in a combined manner and the orthogonal slices will be superimposed in the reconstructed image and wherein the simultaneous acquisition of data from orthogonal slices can allow for generating proton resonance frequency shift thermometry maps in moving structures, i.e., acquire combined multi-encoded PRF treatment image of an imaging region);
"subtract a weighted sum of the sets of baseline image features from the combined multi- encoded PRF treatment image to obtain a combined treatment-specific temperature information of the imaging region that provides multi-orthogonal slice temperature information associated with or resulting from treatment or thermal ablation of the imaging region of a patient after subtraction or removal of the baseline image features"; (Wu, Para. 71, teaches calculating PRF relative temperature change using a multi-baseline approach during the coil-and-echo-combination stage wherein magnitude images in the baseline library are binned into distinct motion states based on liver position in which linear coefficients are calculated so the combination of these binned baseline images best match the liver position in the dynamic image wherein the linear coefficients are then applied to the corresponding binned baseline phase images of individual channels and echoes to form a reference phase image which eventually outputs a phase difference between baseline and dynamic time points to generate the temperature change map, i.e., subtract a weighted sum of the sets of baseline image features from the PRF treatment image to obtain treatment-specific temperature information of an imaging region that provides slice temperature information associated with the treatment of the region of the patient after the subtraction of the baseline image features);
"and process the combined treatment-specific temperature information of the imaging region to obtain slice-specific treatment-specific temperature information for each of the plurality of orthogonal slices"; (Wu, Paras. 2, 68-69, and 71, teaches using MR thermometry to measure temperature distribution and estimate thermal dosage during procedures to help determine the treatment endpoint while providing safety information to avoid unwanted thermal damage outside of the treatment zone by calculating proton resonance frequency temperature change using the phase component in aqueous tissue identified on the water mask in which the temperature maps may then be temporally interleaved to improve temporal resolution wherein the number of slices may be reduced and a thinner slice thickness may be used to improve temporal resolution and wherein PRF relative temperature change is readily calculated and a temperature change map is generated based on a modified multi-baseline approach, i.e., process combined treatment-specific temperature information of an imaging region to obtain slice-specific and treatment-specific temperature information of the slices).
The proposed combination as well as the motivation for combining the Wu and Paulson references presented in the rejection of Claim 1, applies to claim 16.
However, the combination of references of Wu in view of Paulson does not explicitly teach "based on a singular value decomposition of the set of PRF baseline images for the orthogonal slice".
In an analogous field of endeavor, Yang teaches "based on a singular value decomposition of the set of PRF baseline images for the orthogonal slice"; (Yang, Para. 13, teaches decomposing an image matrix corresponding to each of image frames in the image frame sequence into a first orthogonal matrix, a second orthogonal matrix, and a diagonal matrix through singular value decomposition and generating the feature vectors corresponding to each of the image frames and forming the feature sequence based on the feature vectors, i.e., decompose images into a set of image features based on a singular value decomposition of the set of images).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the invention of Wu and Paulson wherein the images are PRF baseline images for orthogonal slices which are decomposed into a set of baseline image features for the orthogonal slice by including the decomposing of image frames into a set of image features based on a singular value decomposition of the set of images taught by Yang. One of ordinary skill in the art would be motivated to combine the references since it helps obtain more information about an image (Yang, Para. 3, teaches the motivation of combination to be to obtain a more sufficient amount of information from an image).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date.
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The examiner’s stated reason for indication of allowable subject matter in Claim 11 can be found in the Non-Final Rejection Office Action dated 09/05/2025. New Claim 18 is an independent claim which recites an apparatus with elements corresponding to the steps recited in base Claim 1 and incorporates the allowable subject matter of Claim 11. Therefore, Claim 18 is allowed.
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 extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW STEVEN BUDISALICH whose telephone number is (703)756-5568. The examiner can normally be reached Monday - Friday 8:30am-5:00pm EST.
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/ANDREW S BUDISALICH/Examiner, Art Unit 2662
/AMANDEEP SAINI/Supervisory Patent Examiner, Art Unit 2662