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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 1/11/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,796,618 hereinafter Ye ‘618. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant invention would be an obvious modification of the reference patent.
Regarding claim 1, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
A system (Ye ‘618, claim 1) comprising:
at least one storage device including a set of instructions for magnetic resonance imaging (MRI) (Ye ‘618, claim 1); and
at least one processor configured to communicate with the at least one storage device, wherein when executing the set of instructions, the at least one processor is configured to direct the system to perform operations including (Ye ‘618, claim 1):
acquiring at least one set of echo signals relating to a subject, the at least one set of echo signals being generated by using an MR scanner to execute at least one acquisition on a subject, the at least one set of echo signals including at least a first set of echo signals, the at least one acquisition including at least a first acquisition, the first acquisition including at least a first repetition and a second repetition with different repetition times, each of the first repetition and the second repetition having a first flip angle, the first set of echo signals detected during the first repetition and the second repetition are performed alternately by using the MR scanner to execute the first acquisition on the subject (Ye ‘618, claim 1); and
performing, based on the at least one set of echo signals, a measurement on the subject (Ye ‘618, claim 1).
Regarding claim 2, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein a first signal modulation module is applied on the subject by the MR scanner during the first repetition and a second signal modulation module different from the first signal modulation module is applied on the subject by the MR scanner during the second repetition in the first acquisition, the first signal modulation module and the second signal modulation module being configured to modulate at least one of a signal intensity or a signal phase of the subject (Ye ‘618, claim 4).
Regarding claim 3, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the first signal modulation module includes a positive flow encoding module, and the second signal modulation module includes a negative flow encoding module (Ye ‘618, claim 4).
Regarding claim 4, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the first flip angle of the first repetition is different from the first flip angle of the second repetition (Ye ‘618, claim 1).
Regarding claim 5, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein a first polarity of a read-out gradient corresponding to the first repetition is different from a second polarity of a read-out gradient corresponding to the second repetition (Ye ‘618, claim 1).
Regarding claim 6, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein a plurality of echo signals are detected in at least one of the first repetition and the second repetition.
Regarding claim 7, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the at least one acquisition further includes a second acquisition, the at least one set of echo signals further includes a second set of echo signals relating to the subject, the second acquisition including at least a third repetition and a fourth repetition with different repetition times, each of the third repetition and the fourth repetition having a second flip angle different from the first flip angle (Ye ‘618, claim 1).
Regarding claim 8, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the second set of echo signals detected during the third repetition and the fourth repetition are performed alternately by using the MR scanner to execute the second acquisition on the subject (Ye ‘618, claim 1).
Regarding claim 9, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the first set of echo signals or the second set of echo signals include at least a first portion of echo signals and a second portion of echo signals, the first portion of echo signals corresponding to the first repetition or the third repetition, and the second portion of echo signals corresponding to the second repetition or the fourth repetition (Ye ‘618, claim 1-2).
Regarding claim 10, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein an echo time of at least one of the first portion of echo signals is different from an echo time of at least one of the second portion of echo signals (Ye ‘618, claim 1-2).
Regarding claim 11, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein: the measurement relates to a fat-water separated image of the subject, and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including: generating, based on at least a portion of echo signals in at least one of the first set or the second set, the fat-water separated image of the subject, the at least a portion of echo signals corresponding to at least one repetition in the first acquisition or the second acquisition (Ye ‘618, claim 3).
Regarding claim 12, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein: the measurement relates to a magnetic resonance angiography (MRA) image, and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including: generating, based on the first portion of echo signals in at least one of the first set or the second set, at least one first image of the subject, the first portion of echo signals corresponding to the at least one repetition having the first signal modulation module; generating, based on the second portion of echo signals in at least one of the first set or the second set, at least one second image of the subject, the second portion of echo signals corresponding to the at least one repetition having the second signal modulation module; and generating, based on the at least one first image and the at least one second image, the MRA image of the subject (Ye ‘618, claim 5).
Regarding claim 13, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the measurement relates to a longitudinal relaxation time (T1), and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including: determining, based on at least one of the first set or the second set, at least one of an actual flip angle or a B1 transmission field relating to the subject; and performing, based on the first set, the second set, and the at least one of the actual flip angle or the B1 transmission field relating to the subject, the measurement relating to T1 on the subject (Ye ‘618, claim 6).
Regarding claim 14, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the measurement relates to a virtual image of the subject, and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including: generating, based on at least one of the first set or the second set, one or more maps of the subject; and generating, based on the one or more maps of the subject, the virtual image of the subject (Ye ‘618, claim 1).
Regarding claim 15, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the measurement relates to a parameter of a physical point of the subject, and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including: determining, based on at least one of the first set or the second set, a signal representation of the physical point, the signal representation being associated with the parameter; and determining, based on the signal representation of the physical point, a value of the parameter of the physical point (Ye ‘618, claim 8).
Regarding claim 16, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein to determine a signal representation of the physical point, the at least one processor is further configured to direct the system to perform additional operations including: determining, based on at least one of the first set or the second set, a plurality of signals of the physical point, each of the plurality of signals corresponding to a set of values in a plurality of signal dimensions of signal acquisition using the MR scanner; determining, among the plurality of signal dimensions, a primary signal dimension and at least one secondary signal dimension, the primary signal dimension being associated with the signal representation; and determining, based on the plurality of signals, the primary signal dimension, and the at least one secondary signal dimension, the signal representation of the physical point (Ye ‘618, claim 9).
Regarding claim 17, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
A method implemented on a computing device having at least one processor and at least one storage device for magnetic resonance imaging (MRI) (Ye ‘618, claim 1), the method comprising:
acquiring at least one set of echo signals relating to a subject, the at least one set of echo signals being generated by using an MR scanner to execute at least one acquisition on a subject, the at least one set of echo signals including at least a first set of echo signals, the at least one acquisition including at least a first acquisition, the first acquisition including at least a first repetition and a second repetition with different repetition times, each of the first repetition and the second repetition having a first flip angle, the first set of echo signals detected during the first repetition and the second repetition are performed alternately by using the MR scanner to execute the first acquisition on the subject (Ye ‘618, claim 1); and
performing, based on the at least one set of echo signals, a measurement on the subject (Ye ‘618, claim 1).
Regarding claim 18, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein a first signal modulation module is applied on the subject by the MR scanner during the first repetition and a second signal modulation module different from the first signal modulation module is applied on the subject by the MR scanner during the second repetition in the first acquisition, the first signal modulation module and the second signal modulation module being configured to modulate at least one of a signal intensity or a signal phase of the subject (Ye ‘618, claim 4).
Regarding claim 19, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
wherein the first signal modulation module includes a positive flow encoding module, and the second signal modulation module includes a negative flow encoding module (Ye ‘618, claim 4).
Regarding claim 20, reference patent Ye ‘618 (U.S. Pat. No. 11,796,618) teaches:
A non-transitory computer-readable storage medium including instructions for magnetic resonance imaging (MRI) that, when accessed by at least one processor of a system (Ye ‘618, claim 1), causes the system to perform a method, the method comprising:
acquiring at least one set of echo signals relating to a subject, the at least one set of echo signals being generated by using an MR scanner to execute at least one acquisition on a subject, the at least one set of echo signals including at least a first set of echo signals, the at least one acquisition including at least a first acquisition, the first acquisition including at least a first repetition and a second repetition with different repetition times, each of the first repetition and the second repetition having a first flip angle, the first set of echo signals detected during the first repetition and the second repetition alternately by using the MR scanner to execute the first acquisition on the subject (Ye ‘618, claim 1); and
performing, based on the at least one set of echo signals, a measurement on the subject (Ye ‘618, claim 1).
Claim Rejections - 35 USC § 102
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 1, 4, 6, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo et al. (U.S. Pub. No. 20190094324) hereinafter Seo.
Regarding claim 1, Seo teaches:
A system (abstract), comprising:
at least one storage device including a set of instructions for magnetic resonance imaging (MRI) (claim 1, claim 11, MRI apparatus; [0034]-[0038]); and
at least one processor configured to communicate with the at least one storage device, wherein when executing the set of instructions, the at least one processor is configured to direct the system to perform operations ([0012]-[0016]; [0078]-[0094]) including:
acquiring at least one set of echo signals relating to a subject, the at least one set of echo signals being generated by using an MR scanner to execute at least one acquisition on a subject, the at least one set of echo signals including at least a first set of echo signals, the at least one acquisition including at least a first acquisition, the first acquisition including at least a first repetition and a second repetition with different repetition times, each of the first repetition and the second repetition having a first flip angle, the first set of echo signals detected during the first repetition and the second repetition are performed alternately by using the MR scanner to execute the first acquisition on the subject (claim 1, “during one repetition time (TR) in a slice selection direction, a phase encoding direction, and a frequency encoding direction equal zero and maintains spins in an object in a steady state, alternately apply, while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied, and generate a magnetic resonance (MR) image based on an echo signal acquired when the spins are in the steady state”; claim 11, “while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied; and generating an MR image based on an echo signal acquired when the spins are in the steady state.”; [0012], TR intervals with first and second flip angles for the second RF pulse forms a first and second repetition each having a first flip angle and different repetition times for the at least first and second repetitions; [0022]; [0040]-[0053], TR RF pulses; [0059]-[0064]; [0085]-[0086]; [0096]-[0098]; [0112]); and
performing based on the at least one set of echo signals, a measurement on the subject (claim 1, “during one repetition time (TR) in a slice selection direction, a phase encoding direction, and a frequency encoding direction equal zero and maintains spins in an object in a steady state, alternately apply, while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied, and generate a magnetic resonance (MR) image based on an echo signal acquired when the spins are in the steady state”; claim 11, “while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied; and generating an MR image based on an echo signal acquired when the spins are in the steady state.”; [0012], TR intervals with first and second flip angles for the second RF pulse forms a first and second repetition each having a first flip angle and different repetition times for the at least first and second repetitions; [0022]; [0040]-[0053], TR RF pulses; [0059]-[0064]; [0085]-[0086]; [0096]-[0098]; [0112]).
Regarding claim 4, Seo teaches all of the limitations of claim 1. Seo further teaches:
wherein the first flip angle of the first repetition is different from the first flip angle of the second repetition (claim 1; claim 11, different second flip angle from the first flip angle; [0022]; [0060]; [0063]-[0073]; [0086]; [0098]; [0106]; [0111]-[0112]).
Regarding claim 6, Seo teaches all of the limitations of claim 1. Seo further teaches:
wherein a plurality of echo signals are detected in at least one of the first repetition and the second repetition (claim 1; claim 11; [0022]; [0040]-[0056], echo signals detected in the pulse sequence including the repetition TR see [0056]).
Regarding claim 17, Seo teaches:
A method implemented on a computing device having at least one processor and at least one storage device for magnetic resonance imaging (MRI) (claim 1, claim 11, MRI apparatus; [0034]-[0038]), the method comprising:
acquiring at least one set of echo signals relating to a subject, the at least one set of echo signals being generated by using an MR scanner to execute at least one acquisition on a subject, the at least one set of echo signals including at least a first set of echo signals, the at least one acquisition including at least a first acquisition, the first acquisition including at least a first repetition and a second repetition with different repetition times, each of the first repetition and the second repetition having a first flip angle, the first set of echo signals detected during the first repetition and the second repetition are performed alternately by using the MR scanner to execute the first acquisition on the subject (claim 1, “during one repetition time (TR) in a slice selection direction, a phase encoding direction, and a frequency encoding direction equal zero and maintains spins in an object in a steady state, alternately apply, while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied, and generate a magnetic resonance (MR) image based on an echo signal acquired when the spins are in the steady state”; claim 11, “while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied; and generating an MR image based on an echo signal acquired when the spins are in the steady state.”; [0012], TR intervals with first and second flip angles for the second RF pulse forms a first and second repetition each having a first flip angle and different repetition times for the at least first and second repetitions; [0022]; [0040]-[0053], TR RF pulses; [0059]-[0064]; [0085]-[0086]; [0096]-[0098]; [0112]); and
performing, based on the at least one set of echo signals, a measurement on the subject (claim 1, “during one repetition time (TR) in a slice selection direction, a phase encoding direction, and a frequency encoding direction equal zero and maintains spins in an object in a steady state, alternately apply, while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied, and generate a magnetic resonance (MR) image based on an echo signal acquired when the spins are in the steady state”; claim 11, “while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied; and generating an MR image based on an echo signal acquired when the spins are in the steady state.”; [0012], TR intervals with first and second flip angles for the second RF pulse forms a first and second repetition each having a first flip angle and different repetition times for the at least first and second repetitions; [0022]; [0040]-[0053], TR RF pulses; [0059]-[0064]; [0085]-[0086]; [0096]-[0098]; [0112]).
Regarding claim 20, Seo teaches:
A non-transitory computer-readable storage medium including instructions for magnetic resonance imaging (MRI) that, when accessed by at least one processor of a system (claim 1, claim 11, MRI apparatus; [0034]-[0038]), causes the system to perform a method, the method comprising:
acquiring at least one set of echo signals relating to a subject, the at least one set of echo signals being generated by using an MR scanner to execute at least one acquisition on a subject, the at least one set of echo signals including at least a first set of echo signals, the at least one acquisition including at least a first acquisition, the first acquisition including at least a first repetition and a second repetition with different repetition times, each of the first repetition and the second repetition having a first flip angle, the first set of echo signals detected during the first repetition and the second repetition alternately by using the MR scanner to execute the first acquisition on the subject (claim 1, “during one repetition time (TR) in a slice selection direction, a phase encoding direction, and a frequency encoding direction equal zero and maintains spins in an object in a steady state, alternately apply, while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied, and generate a magnetic resonance (MR) image based on an echo signal acquired when the spins are in the steady state”; claim 11, “while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied; and generating an MR image based on an echo signal acquired when the spins are in the steady state.”; [0012], TR intervals with first and second flip angles for the second RF pulse forms a first and second repetition each having a first flip angle and different repetition times for the at least first and second repetitions; [0022]; [0040]-[0053], TR RF pulses; [0059]-[0064]; [0085]-[0086]; [0096]-[0098]; [0112]); and
performing, based on the at least one set of echo signals, a measurement on the subject (claim 1, “during one repetition time (TR) in a slice selection direction, a phase encoding direction, and a frequency encoding direction equal zero and maintains spins in an object in a steady state, alternately apply, while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied, and generate a magnetic resonance (MR) image based on an echo signal acquired when the spins are in the steady state”; claim 11, “while the gradient echo pulse sequence is continuously applied, a first radio frequency (RF) pulse having a first flip angle in a first TR interval and a second RF pulse having a second flip angle that is different from the first flip angle in a second TR interval that follows the first TR interval, wherein the second TR interval and the first TR interval alternate with one another while the gradient echo pulse sequence is applied; and generating an MR image based on an echo signal acquired when the spins are in the steady state.”; [0012], TR intervals with first and second flip angles for the second RF pulse forms a first and second repetition each having a first flip angle and different repetition times for the at least first and second repetitions; [0022]; [0040]-[0053], TR RF pulses; [0059]-[0064]; [0085]-[0086]; [0096]-[0098]; [0112]).
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.
Claims 2-3 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Seo as applied to claims 1 or 17 above, and further in view of Eggers et al. (U.S. Pub. No. 20150051474) hereinafter Eggers.
Regarding claim 2, primary reference Seo teaches all of the limitations of claim 1. Primary reference Seo further fails to teach:
wherein a first signal modulation module is applied on the subject by the MR scanner during the first repetition and a second signal modulation module different from the first signal modulation module is applied on the subject by the MR scanner during the second repetition in the first acquisition, the first signal modulation module and the second signal modulation module being configured to modulate at least one of a signal intensity or a signal phase of the subject.
However, the analogous art of Eggers of a magnetic resonance imaging system with saturation frequency imaging (abstract) teaches:
wherein a first signal modulation module is applied on the subject by the MR scanner during the first repetition and a second signal modulation module different from the first signal modulation module is applied on the subject by the MR scanner during the second repetition in the first acquisition, the first signal modulation module and the second signal modulation module being configured to modulate at least one of a signal intensity or a signal phase of the subject ([0017], positive and negative saturation frequency offsets provide for modulation of the signal amplitude (signal intensity) at the negative offsets to provide for the water-fat separation signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo to incorporate the frequency offsets for signal amplitude modulation as taught by Eggers because the contribution of fat protons to the overall MR signal amplitude may be modulated substantially at negative saturation frequency offsets in the proximity of the saturation frequency corresponding to the chemical shift-induced frequency of fat protons (Eggers, [0017]). This leads to lower noise contribution and higher image quality.
Regarding claim 3, the references of Seo and Eggers teach all of the limitations of claim 2. Primary reference Seo further fails to teach:
wherein the first signal modulation module includes a positive flow encoding module, and the second signal modulation module includes a negative flow encoding module.
However, the analogous art of Eggers of a magnetic resonance imaging system with saturation frequency imaging (abstract) teaches:
wherein the first signal modulation module includes a positive flow encoding module, and the second signal modulation module includes a negative flow encoding module ([0017], positive and negative saturation frequency offsets provide for modulation of the signal amplitude (signal intensity) at the negative offsets to provide for the water-fat separation signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo and Eggers to incorporate the frequency offsets of positive and negative flow modules for signal amplitude modulation as taught by Eggers because the contribution of fat protons to the overall MR signal amplitude may be modulated substantially at negative saturation frequency offsets in the proximity of the saturation frequency corresponding to the chemical shift-induced frequency of fat protons (Eggers, [0017]). This leads to lower noise contribution and higher image quality.
Regarding claim 18, primary reference Seo teaches all of the limitations of claim 17. Primary reference Seo further fails to teach:
wherein a first signal modulation module is applied on the subject by the MR scanner during the first repetition and a second signal modulation module different from the first signal modulation module is applied on the subject by the MR scanner during the second repetition in the first acquisition, the first signal modulation module and the second signal modulation module being configured to modulate at least one of a signal intensity or a signal phase of the subject.
However, the analogous art of Eggers of a magnetic resonance imaging system with saturation frequency imaging (abstract) teaches:
wherein a first signal modulation module is applied on the subject by the MR scanner during the first repetition and a second signal modulation module different from the first signal modulation module is applied on the subject by the MR scanner during the second repetition in the first acquisition, the first signal modulation module and the second signal modulation module being configured to modulate at least one of a signal intensity or a signal phase of the subject ([0017], positive and negative saturation frequency offsets provide for modulation of the signal amplitude (signal intensity) at the negative offsets to provide for the water-fat separation signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo to incorporate the frequency offsets for signal amplitude modulation as taught by Eggers because the contribution of fat protons to the overall MR signal amplitude may be modulated substantially at negative saturation frequency offsets in the proximity of the saturation frequency corresponding to the chemical shift-induced frequency of fat protons (Eggers, [0017]). This leads to lower noise contribution and higher image quality.
Regarding claim 19, the references of Seo and Eggers teach all of the limitations of claim 18. Primary reference Seo further fails to teach:
wherein the first signal modulation module includes a positive flow encoding module, and the second signal modulation module includes a negative flow encoding module.
However, the analogous art of Eggers of a magnetic resonance imaging system with saturation frequency imaging (abstract) teaches:
wherein the first signal modulation module includes a positive flow encoding module, and the second signal modulation module includes a negative flow encoding module ([0017], positive and negative saturation frequency offsets provide for modulation of the signal amplitude (signal intensity) at the negative offsets to provide for the water-fat separation signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo and Eggers to incorporate the frequency offsets of positive and negative flow modules for signal amplitude modulation as taught by Eggers because the contribution of fat protons to the overall MR signal amplitude may be modulated substantially at negative saturation frequency offsets in the proximity of the saturation frequency corresponding to the chemical shift-induced frequency of fat protons (Eggers, [0017]). This leads to lower noise contribution and higher image quality.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Seo as applied to claim 1 above, and further in view of Sarracanie et al. (U.S. Pub. No. 20180031667) hereinafter Sarracanie.
Regarding claim 5, primary reference Seo teaches all of the limitations of claim 1. Primary reference Seo further fails to teach:
wherein a first polarity of a read-out gradient corresponding to the first repetition is different from a second polarity of a read-out gradient corresponding to the second repetition.
However, the analogous art of Sarracanie of a magnetic resonance system and method (abstract) teaches:
wherein a first polarity of a read-out gradient corresponding to the first repetition is different from a second polarity of a read-out gradient corresponding to the second repetition ([0036], alternating polarity along the read-out direction for a series of readout pulses).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo to incorporate the alternating first and second polarities as taught by Sarracanie because higher quality data acquisition that optimizes the signal to noise ratio and provides for better output images (Sarracanie, [0034]-[0036]). This leads to higher quality clinical diagnostics.
Claim 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Seo as applied to claim 1 above, and further in view of Kang et al. (U.S. Pub. No. 20160131729) hereinafter Kang.
Regarding claim 7, primary reference Seo teaches all of the limitations of claim 1. Primary reference Seo further fails to teach:
wherein the at least one acquisition further includes a second acquisition, the at least one set of echo signals further includes a second set of echo signals relating to the subject, the second acquisition including at least a third repetition and a fourth repetition with different repetition times, each of the third repetition and the fourth repetition having a second flip angle different from the first flip angle.
However, the analogous art of Kang of a method and apparatus for processing a magnetic resonance image (abstract) teaches:
wherein the at least one acquisition further includes a second acquisition, the at least one set of echo signals further includes a second set of echo signals relating to the subject, the second acquisition including at least a third repetition and a fourth repetition with different repetition times, each of the third repetition and the fourth repetition having a second flip angle different from the first flip angle ([0181], the pulse sequence is designed to have a RF pulses applied at a first repetition time TR1, with additional pulses applied at a second repetition time TR2, forming a first set of echo signals generated to execute a first acquisition on the subject; [0182]-[0199], further describe the data acquisition of the MR unit for using the echo signals to determine characteristics such as fat and water signals; [0200]-[0208], specifically [0202]-[0203], details the use of repetition times, TR1, TR2, TR3, and TR4 which are all at different repetition times. TR3 and TR4 form the repetitions of the second acquisition and include the “second set” of two repetition times generated using the MR scanner; In combination with the teachings of Seo above, the second flip angle is different from the first flip angle for each repetition).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo to incorporate the additional third and fourth repetitions as taught by Kang because it enables precise timing of magnetization to obtain images at a steady or equilibrium state and achieve higher quality images (Kang, [0177]).
Regarding claim 8, the combined references of Seo and Kang teach all of the limitations of claim 7. Primary reference Seo, in view of Kang further teaches:
wherein the second set of echo signals detected during the third repetition and the fourth repetition are performed alternately by using the MR scanner to execute the second acquisition on the subject (In the following cited portions, alternating applications are performed as taught by Seo, and in the combined invention would apply to the third and fourth repetitions as taught by Kang. Seo: [0022]; [0060]; [0064]; [0086]; [0098]; claim 1; claim 11).
Regarding claim 9, the combined references of Seo and Kang teach all of the limitations of claim 8. Primary reference Seo further teaches:
wherein the first set of echo signals or the second set of echo signals include at least a first portion of echo signals and a second portion of echo signals, the first portion of echo signals corresponding to the first repetition or the third repetition, and the second portion of echo signals corresponding to the second repetition or the fourth repetition ([0019]-[0022]; [0040]-[0056], echoes acquired corresponding to first and second repetitions and at different time points; [0068]; [0086]; [0099]).
Regarding claim 10, the combined references of Seo and Kang teach all of the limitations of claim 9. Primary reference Seo further teaches:
wherein an echo time of at least one of the first portion of echo signals is different from an echo time of at least one of the second portion of echo signals ([0019]-[0022]; [0040]-[0056], echoes acquired corresponding to first and second repetitions and at different time points; [0068]; [0086]; [0099])..
Regarding claim 11, the combined references of Seo and Kang teach all of the limitations of claim 8. Primary reference Seo further fails to teach:
the measurement relates to a fat-water separated image of the subject, and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including:
generating, based on at least a portion of echo signals in at least one of the first set or the second set, the fat-water separated image of the subject, the at least a portion of echo signals corresponding to at least one repetition in the first acquisition or the second acquisition.
However, the analogous art of Kang of a method and apparatus for processing a magnetic resonance image (abstract) teaches:
the measurement relates to a fat-water separated image of the subject, and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations ([0193]-[0208], describe the chemical shift image between water and lipids (fat-water separated image) using the four-repetition time sequence of [0201]-[0204]) including:
generating, based on at least a portion of echo signals in at least one of the first set or the second set, the fat-water separated image of the subject, the at least a portion of echo signals corresponding to at least one repetition in the first acquisition or the second acquisition ([0193]-[0208], describe the chemical shift image between water and lipids (fat-water separated image) using the four-repetition time sequence of [0201]-[0204] which is considered to be at least a portion of the echo signals corresponding to at least one repetition in the first or second acquisition; see also [0209]-[0226] and figures 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo and Kang to incorporate the fat-water separated image as taught by Kang because Since the difference between resonant frequencies of the water and fat is determined according to a magnetic field strength, the phase difference between MR signals of the water and fat may be determined by adjusting the time to echo TE (Kang, [0195]). By performing the separated image, the image contrast and quality can be improved for target regions of interest leading to better clinical diagnostics.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Seo, in view of Kang as applied to claim 9 above, and further in view of Bernstein et al. (U.S. Pub. No. 5998996) hereinafter Bernstein.
Regarding claim 12, the combined references of Seo and Kang teach all of the limitations of claim 9. Primary reference Seo further fails to teach:
the measurement relates to a magnetic resonance angiography (MRA) image, and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including:
generating, based on the first portion of echo signals in at least one of the first set or the second set, at least one first image of the subject, the first portion of echo signals corresponding to the at least one repetition having the first signal modulation module;
generating, based on the second portion of echo signals in at least one of the first set or the second set, at least one second image of the subject, the second portion of echo signals corresponding to the at least one repetition having the second signal modulation module; and
generating, based on the at least one first image and the at least one second image, the MRA image of the subject.
However, the analogous art of Bernstein of a magnetic resonance angiogram system for eliminating artifacts within the image data (abstract) teaches:
the measurement relates to a magnetic resonance angiography (MRA) image, and to perform a measurement on the subject (col 2, lines 41-45, “phase contrast magnetic resonance angiograms”), the at least one processor is further configured to direct the system to perform additional operations including:
generating, based on the first portion of echo signals in at least one of the first set or the second set, at least one first image of the subject, the first portion of echo signals corresponding to the at least one repetition having the first signal modulation module (col 11, lines 17-67, NMR signals Z1 correspond to the first acquisition flow modulation module signals, which include “flow encoded image dataset” for the first portion of echo signals (see col 12, lines 35-39); col 12, lines 1-67);
generating, based on the second portion of echo signals in at least one of the first set or the second set, at least one second image of the subject, the second portion of echo signals corresponding to the at least one repetition having the second signal modulation module (col 11, lines 17-67, NMR signals Z2 correspond to the first acquisition flow modulation module signals, which include “flow encoded image dataset” for the second portion of echo signals (see col 12, lines 35-39); col 12, lines 1-67;); and
generating, based on the at least one first image and the at least one second image, the MRA image of the subject (col 11, lines 17-67, col 12, lines 1-67, and col 13, lines 1-15 teach to the processing components discussed above generating a Maxwell-corrected complex difference speed image, which is considered to be the final processed magnetic resonance angiogram as claimed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo and Kang to incorporate the magnetic resonance angiogram processing technique as taught by Bernstein because by performing two complete scans with different magnetic field gradient specifications, a phase map with increased accuracy is produced when the complex magnetic field gradients are applied rather than standard linear magnetic field gradients (Bernstein, col 2, lines 28-63).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Seo, in view of Kang as applied to claim 8 above, and further in view of Nickel (U.S. Pub. No. 20160313430) hereinafter Nickel.
Regarding claim 13, the combined references of Seo and Kang teach all of the limitations of claim 8. Primary reference Seo further fails to teach:
wherein the measurement relates to a longitudinal relaxation time (T1), and
to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including:
determining, based on at least one of the first set or the second set, at least one of an actual flip angle or a B1 transmission field relating to the subject; and
performing, based on the first set, the second set, and the at least one of the actual flip angle or the B1 transmission field relating to the subject, the measurement relating to T1 on the subject.
However, the analogous art of Nickel of a magnetic resonance imaging apparatus for acquiring imaging data using first and second sequences with different flip angles (abstract) teaches:
wherein the measurement relates to a longitudinal relaxation time (T1) ([0006], [0011]-[0016], [0020]-[0032], [0048]-[0055], T1 determination), and
to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including:
determining, based on at least one of the first set or the second set, at least one of an actual flip angle or a B1 transmission field relating to the subject ([0031]; [0032]-[0033], the actual flip angle can be determined based on the B1 field values; [0034]; [0048]-[0055]); and
performing, based on the first set, the second set, and the at least one of the actual flip angle or the B1 transmission field relating to the subject, the measurement relating to T1 on the subject ([0031]; [0032]-[0033], the actual flip angle can be determined based on the B1 field values; [0034]; [0048]-[0055], describes the T1 measurement of the target tissues).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo and Kang to incorporate the T1 related measurement and B1 transmission based measurement as taught by Nickel because B1 inhomogeneity can be moderated using the multi-set acquisition feature which provides enhanced T1 values of the voxels between fat and water content. This enhances the image quality and improves diagnostics (Nickel, [0031]-[0034]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Seo, in view of Kang as applied to claim 8 above, and further in view of Huang et al. (U.S. Pub. No. 20140070804) hereinafter Huang.
Regarding claim 14, the combined references of Seo and Kang teach all of the limitations of claim 8. Primary reference Seo further fails to teach:
wherein the measurement relates to a virtual image of the subject, and
to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including:
generating, based on at least one of the first set or the second set, one or more maps of the subject; and
generating, based on the one or more maps of the subject, the virtual image of the subject.
However, the analogous art of Huang of a magnetic resonance imaging system with a plurality of datasets with relative sensitivity maps used for a virtual image (abstract) teaches:
wherein the measurement relates to a virtual image of the subject ([0010], [0033] virtual composite coil image), and
to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including:
generating, based on at least one of the first set or the second set, one or more maps of the subject ([0010], [0033] relative sensitivity maps 82 are considered to be one or more maps of the subject; see also figure 2 flow chart diagram); and
generating, based on the one or more maps of the subject, the virtual image of the subject ([0010], [0033] virtual composite coil image is generated from the sensitivity maps 82, see also the flow chart diagram of figure 2, with the virtual image 76 generated from the relative sensitivity maps 80 and 82).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo and Kang to incorporate the sensitivity mapping and virtual image generation feature as taught by Huang because using a virtual image reconstruction of the processed channel data can greatly reduce the reconstruction time without significantly compromising image quality (Huang, [0004]-[0005]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Seo, in view of Kang as applied to claim 8 above, and further in view of Taniguchi (U.S. Pub. No. 20190250231) hereinafter Taniguchi.
Regarding claim 15, the combined references of Seo and Kang teach all of the limitations of claim 8. Primary reference Seo further fails to teach:
wherein the measurement relates to a parameter of a physical point of the subject, and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including:
determining, based on at least one of the first set or the second set, a signal representation of the physical point, the signal representation being associated with the parameter; and
determining, based on the signal representation of the physical point, a value of the parameter of the physical point.
However, the analogous art of Taniguchi of a parameter map determination process for use with gradient and spin echo magnetic resonance imaging (abstract) teaches:
wherein the measurement relates to a parameter of a physical point of the subject ([0070]-[0072], the first parameter estimation determines a parameter 860, which includes such as T1, T2, T2*, and B1 values which correspond to the applicant’s parameter metrics discussed in [0086] of the applicant’s disclosure. Parameter 860 is determined for a pixel value I of an image, which is considered to be the physical point of the subject within an image), and to perform a measurement on the subject, the at least one processor is further configured to direct the system to perform additional operations including:
determining, based on at least one of the first set or the second set, a signal representation of the physical point, the signal representation being associated with the parameter ([0070]-[0072], the first parameter estimation determines a parameter 860, which includes such as T1, T2, T2*, and B1 values which are determined from signal values of the pixel values I, based on dimensions of the signal such as TR and TE);; and
determining, based on the signal representation of the physical point, a value of the parameter of the physical point ([0070]-[0072], the first parameter estimation determines a parameter 860, which includes such as T1, T2, T2*, and B1 values which correspond to the applicant’s parameter metrics discussed in [0086] of the applicant’s disclosure. Parameter 860 is determined for a pixel value I of an image, which is considered to be the physical point of the subject within an image).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo and Kang to incorporate the physical point and parameter calculation process as taught by Taniguchi because it enables the use of calculating parameters for a particular pixel, based on imaging, subject, and apparatus parameters of the acquired image. This improves efficiency by using a calculation function to determine parameters, which reduces scan time when compared with imaging sequences of each parameter (Taniguchi, [0003]-[0004]; [0008]-[0009]).
Regarding claim 16, the combined references of Seo, Kang and Taniguchi teach all of the limitations of claim 15. Primary reference Seo further fails to teach:
wherein to determine a signal representation of the physical point, the at least one processor is further configured to direct the system to perform additional operations including:
determining, based on at least one of the first set or the second set, a plurality of signals of the physical point, each of the plurality of signals corresponding to a set of values in a plurality of signal dimensions of signal acquisition using the MR scanner;
determining, among the plurality of signal dimensions, a primary signal dimension and at least one secondary signal dimension, the primary signal dimension being associated with the signal representation; and
determining, based on the plurality of signals, the primary signal dimension, and the at least one secondary signal dimension, the signal representation of the physical point.
However, the analogous art of Taniguchi of a parameter map determination process for use with gradient and spin echo magnetic resonance imaging (abstract) teaches:
wherein to determine a signal representation of the physical point, the at least one processor is further configured to direct the system to perform additional operations including:
determining, based on at least one of the first set or the second set, a plurality of signals of the physical point, each of the plurality of signals corresponding to a set of values in a plurality of signal dimensions of signal acquisition using the MR scanner ([0070]-[0072], the plurality of images with a signal value I for a particular pixel are considered to be a plurality of signals of the physical point. The imaging parameter set that includes flip angle, TR and TE corresponds to the plurality of signal dimensions of signal acquisition using the MR scanner, which corresponds to the applicant’s disclosure of the plurality of dimensions in paragraph [0092] of the submitted disclosure);
determining, among the plurality of signal dimensions, a primary signal dimension and at least one secondary signal dimension, the primary signal dimension being associated with the signal representation ([0070]-[0072], the flip angle (FA) is the primary signal dimension, with the repetition time (TR), echo time (TE), and inversion pulse interval (θ) forming secondary signal dimensions which correspond to “at least one” secondary signal dimension; [0073]-[0076], shows an example with only a primary signal dimension (TE) and secondary signal dimension (inversion pulse interval), since there are only two parameter unknowns to be calculated; [0081]; see also [0044]-[0048], which sets the number of imaging parameter sets to the number of parameters (number of unknowns) to be calculated. The imaging parameters (signal dimensions) thus are associated with the signal representation at each selected pixel I; [0049]); and
determining, based on the plurality of signals, the primary signal dimension, and the at least one secondary signal dimension, the signal representation of the physical point ([0070]-[0072], the flip angle (FA) is the primary signal dimension, with the repetition time (TR), echo time (TE), and inversion pulse interval (θ) forming secondary signal dimensions which correspond to “at least one” secondary signal dimension and are used in equation (4) and the detailed process to determine a parameter 860 as an output, based on the signal representation of the pixel point, I; [0073]-[0076], shows an example with only a primary signal dimension (TE) and secondary signal dimension (inversion pulse interval), since there are only two parameter unknowns to be calculated; [0081];).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic resonance imaging system with multiple, different repetition times of Seo, Kang, and Taniguchi to incorporate the physical point and MR scanner signal dimension analysis as taught by Taniguchi because the use of the multiple dimensions including secondary dimensions, enable the solving of unknown parameter values in a system of equations (Taniguchi, [0044]-[0048]). This enables more efficiency by using a calculation function to determine parameters, which reduces scan time when compared with imaging sequences of each parameter (Taniguchi, [0003]-[0004]; [0008]-[0009]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN A FRITH whose telephone number is (571)272-1292. The examiner can normally be reached M-Th 8:00-5:30 Second Fri 8:00-4:30.
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/SEAN A FRITH/Primary Examiner, Art Unit 3798