DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s argument on Page 7 regarding the rejection of Claims 1-8 under 35 U.S.C. 112(b) has been fully considered. The rejection of Claims 1-8 under 35 U.S.C. 112(b) is withdrawn in view of the amendments.
Applicant’s argument on Pages 7-8 regarding the rejection of Claims 1 and 9 under 35 U.S.C. 102(a)(1) as being anticipated by Fain has been fully considered.
On Page 8 Paragraph 1 applicant argues that Fain “makes no suggestion or disclosure of a breast coil that accommodates a second RF coil (e.g., a spine coil) prepositioned on the tabletop, let alone an MRI system wherein a bottom portion of the housing of the breast coil includes a first side adjacent the spine coil, the first side and the spine coil each being disposed on the tabletop; and a second side overlapping a top surface of the spine coil each being disposed on the tabletop; and a second side overlapping a top surface of the spine coil such that a top surface of the bottom portion is approximately horizontal.’” However, the claim limitations do not explicitly require that the breast coil to accommodate the second RF coil/spine coil and that the second side be disposed on the tabletop. Instead, the claims require that the MRI system accommodates the second RF coil/spine coil, and that the second RF coil/spine coil is adjacent the first side, disposed on the tabletop, and the top surface of the second RF coil/spine coil is overlapped by the second side. Additionally, Fain teaches an MRI system, in [0003] (“The invention relates to a system […] for imaging a breast using a magnetic resonance imaging (MRI) system.”), wherein a bottom portion of the housing of the breast coil includes a first side adjacent the spine coil, the first side and the spine coil each being disposed on the tabletop (Figs. 1 and 6, [0026] and [0056], where the spine coil is interpreted as the whole-body RF coil 34, and the breast coil is interpreted as RF coil 300, which is received into the patient table 330. Therefore, a bottom portion of the housing of the breast coil (RF coil 300) includes a first side adjacent the spine coil (whole-body RF coil 34).); and a second side overlapping a top surface of the spine coil such that a top surface of the bottom portion is approximately horizontal ([0057] where the RF coil 300, interpreted as the breast coil, is secured to the patient bed 330 through the base 310, engaging the lower portion of the patient table 336, which houses whole-body RF coil 34, interpreted as the spine coil. The engagement is interpreted to be horizontal based on the horizontal design of both lower portion of the table 336 and base 310, as shown in Figs. 5-6.).
Regarding the rejection of all remaining corresponding claims, applicant’s argument submitted on Page 8 relies on the supposed deficiencies with respect to the rejection of parent Claims 1 and 9. Applicant’s argument is moot for the same reasons detailed above.
While differences between the instant application and prior art are appreciated, they are not embodied in the claims in such a way as to differentiate.
The rejections of Claims 1-5, 8-12, and 14-16 under 35 U.S.C. 102(a)(1) as being anticipated by Fain and Claims 6-7 and 13 under 35 U.S.C. 103 over Fain in view of Nock are maintained.
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 1-5, 8, 9-12, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fain et al. (US 20080275333).
Regarding Claim 1, Fain teaches a magnetic resonance imaging (MRI) system for imaging a human breast region of a patient, ([0003] “The invention relates to a system […] for imaging a breast using a magnetic resonance imaging (MRI) system.”), and configured to accommodate a spine coil pre-positioned on a tabletop (Fig. 1 and [0026] “whole-body RF coil 34”), the MRI system comprising:
a) a breast coil, ([0039] “local breast coil 300”), comprising:
i) a housing, ([0040] “cup-shaped frame 308”), including a top portion, ([0039] “loop 306”), a bottom portion, ([0043] “base 310”), a left support portion, ([0040] “first end 307”), and a right support portion, ([0043] “second end 311”), wherein
1) the top portion, bottom portion, and left support portion define a left cup opening ([0060] “the combination of two such coils, one positioned on each breast, allows bilateral imaging with very efficient isolation of the signals from the right and left breast bilaterally” and Fig. 3), and
2) the top portion, bottom portion, and right support portion define a right cup opening ([0060] “the combination of two such coils, one positioned on each breast, allows bilateral imaging with very efficient isolation of the signals from the right and left breast bilaterally” and Fig. 3); and
ii) a receive coil configured to image the breast region of the patient (Claim 4 “wherein the coil is configured to operate as both a transmit coil and a receive coil.”);
b) wherein the bottom portion of the housing comprises ([0025] “the present invention is employed with an MRI system.”):
i) a first side adjacent the spine coil, the first side and the spine coil each being disposed on the tabletop ([0026] “The gradient coil assembly 28 forms part of a magnet assembly 30 that includes a polarizing magnet 32 and a whole-body RF coil 34” and [0056] “it is contemplated that the RF coil 300 may be coupled with a patient table 330 designed to receive the RF coil 300. Specifically, the patient table is designed to receive a patient in the prone position illustrated in FIG. 1.”); and
ii) a second side overlapping a top surface of the spine coil such that a top surface of the bottom portion is approximately horizontal ([0057] “the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336” and Figs. 5 and 6, where engagement is interpreted to be horizontal based on the horizontal design of both lower portion of the table 336 and base 310.).
Regarding Claim 2, Fain teaches all limitations of Claim 1, as discussed above. Furthermore, Fain teaches wherein the breast coil further comprises a ramp which is releasably coupled to the housing ([0057] “the RF coil 300 may be removably coupled with the patient table 300 so that the size, dimension, and configuration of the RF coil 300 may be specifically matched to the patient. That is, the RF coil 300 is designed to engage the patient table through a mounting system that allows the RF coil 300 to be removed and replaced with relative ease. For example, the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336.” Where the patient bed 330 is interpreted as the ramp releasably coupled to the housing.).
Regarding Claim 3, Fain teaches all limitations of Claim 2, as discussed above. Furthermore, Fain teaches wherein the ramp is at least partially disposed on the top surface of the spine coil (Fig. 1, where the patient bed 330, interpreted as the ramp, is at least partially disposed on the top surface of the spine coil by design of having the whole-body RF coil 34 within the bed.).
Regarding Claim 4, Fain teaches all limitations of Claim 2, as discussed above. Furthermore, Fain teaches wherein the ramp is coupled to the housing with threaded fasteners ([0041] “As used herein, the term "mount" can include […] screw, rivet” and [0057] “the RF coil 300 is designed to engage the patient table through a mounting system that allows the RF coil 300 to be removed and replaced with relative ease. For example, the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336.”).
Regarding Claim 5, Fain teaches all limitations of Claim 2, as discussed above. Furthermore, Fain teaches wherein the ramp comprises a protrusion mateable with a recess in the housing ([0041] “As used herein, the term "mount" can include […] bolt, […] screw, rivet, solder, […] and other like terms” and [0057] “the RF coil 300 is designed to engage the patient table through a mounting system that allows the RF coil 300 to be removed and replaced with relative ease. For example, the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336.”).
Regarding Claim 8, Fain teaches all limitations of Claim 1, as discussed above. Furthermore, Fain teaches wherein the first side of the bottom portion of the housing comprises a channel configured to receive a cable extending from the spine coil (Figs. 1 and 4 and [0052] “A coaxial cable 320 can be used to connect the solenoid RF coil 300 with the MRI system, such as described with respect to FIG. 1. The coaxial cable may include a transmit line 321 and a receive line 322. Accordingly, in operation, the RF coil 300 can be used with the MRI system to direct an RF pulse toward a body part that is placed in cup-shaped frame 308. Furthermore, the RF coil 300 may only be used to receive the resulting NMR signals.”).
Regarding Claim 9, Fain teaches a method of operating a magnetic resonance imaging (MRI) system to image a human breast region of a patient, ([0003] “The invention relates to a system and method for imaging a breast using a magnetic resonance imaging (MRI) system.”), the MRI system configured to accommodate a spine coil pre-positioned on a tabletop, (Fig. 1 and [0026] “whole-body RF coil 34”), the method comprising:
a) providing a breast coil, ([0039] “local breast coil 300”), comprising:
i) a housing, ([0040] “cup-shaped frame 308”), including a top portion, ([0039] “loop 306”), a bottom portion, ([0043] “base 310”), a left support portion, ([0040] “first end 307”), and a right support portion, ([0043] “second end 311”), wherein
1) the top portion, bottom portion, and left support portion define a left cup opening ([0060] “the combination of two such coils, one positioned on each breast, allows bilateral imaging with very efficient isolation of the signals from the right and left breast bilaterally” and Fig. 3), and
2) the top portion, bottom portion, and right support portion define a right cup opening ([0060] “the combination of two such coils, one positioned on each breast, allows bilateral imaging with very efficient isolation of the signals from the right and left breast bilaterally” and Fig. 3); and
ii) a receive coil configured to image the breast region of the patient (Claim 4 “wherein the coil is configured to operate as both a transmit coil and a receive coil.”);
b) disposing, on the tabletop, a first side of the bottom portion, the first side being adjacent the spine coil ([0056] “it is contemplated that the RF coil 300 may be coupled with a patient table 330 designed to receive the RF coil 300. Specifically, the patient table is designed to receive a patient in the prone position illustrated in FIG. 1.”); and
c) overlapping a top surface of the spine coil with a second side of the bottom portion such that a top surface of the bottom portion is approximately horizontal ([0057] “the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336” and Figs. 5 and 6, where engagement is interpreted to be horizontal based on the horizontal design of both lower portion of the table 336 and base 310.).
Regarding Claim 10, Fain teaches all limitations of Claim 9, as discussed above. Furthermore, Fain teaches wherein the breast coil further comprises a ramp, and operating the MRI system further comprises releasably coupling the ramp to the housing ([0057] “the RF coil 300 may be removably coupled with the patient table 300 so that the size, dimension, and configuration of the RF coil 300 may be specifically matched to the patient. That is, the RF coil 300 is designed to engage the patient table through a mounting system that allows the RF coil 300 to be removed and replaced with relative ease. For example, the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336.” Where the patient bed 330 is interpreted as the ramp releasably coupled to the housing.).
Regarding Claim 11, Fain teaches all limitations of Claim 10, as discussed above. Furthermore, Fain teaches wherein releasably coupling the ramp to the housing comprises coupling the ramp to the housing with a threaded fastener ([0041] “As used herein, the term "mount" can include […] screw, rivet” and [0057] “the RF coil 300 is designed to engage the patient table through a mounting system that allows the RF coil 300 to be removed and replaced with relative ease. For example, the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336.”).
Regarding Claim 12, Fain teaches all limitations of Claim 10, as discussed above. Furthermore, Fain teaches wherein releasably coupling the ramp to the housing comprises coupling the ramp with a recess in the housing ([0041] “As used herein, the term "mount" can include […] bolt, […] screw, rivet, solder, […] and other like terms” and [0057] “the RF coil 300 is designed to engage the patient table through a mounting system that allows the RF coil 300 to be removed and replaced with relative ease. For example, the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336.”).
Regarding Claim 14, Fain teaches all limitations of Claim 9, as discussed above. Furthermore, Fain teaches wherein the tabletop comprises a first tabletop portion, ([0056] “lower portion 336”), coupled to a second tabletop portion (Fig. 6 and [0057] “upper portion 334”), and the method further comprises:
a) disposing the first side of the bottom portion on the first tabletop portion ([0057] “the RF coil 300 may be secured to the patient bed 330 through the base 310 engaging the lower portion of the patient table 336.”);
b) disposing the spine coil on the second tabletop portion ([0026] “whole-body RF coil 34” and Fig. 1, where the whole-body RF coil would be the closer portion of the table to the patient.), and
c) positioning the first tabletop portion adjacent the second tabletop portion ([0031] “a patient positioning system 40 receives commands to move the patient to desired positions during the scan.”).
Regarding Claim 15, Fain teaches all limitations of Claim 14, as discussed above. Furthermore, Fain teaches wherein the first tabletop portion comprises a first connector in electrical communication with the breast coil, the second tabletop portion comprises a second connector, and the method further comprises mating the first connector and the second connector (Figs. 1 and 4, where the components of the MRI system are electrically connected).
Regarding Claim 16, Fain teaches all limitations of Claim 9, as discussed above. Furthermore, Fain teaches wherein the spine coil further comprises a cable, the bottom portion of the housing comprises a channel, and the method further comprises routing the cable through the channel (Figs. 1 and 4 and [0052] “A coaxial cable 320 can be used to connect the solenoid RF coil 300 with the MRI system, such as described with respect to FIG. 1. The coaxial cable may include a transmit line 321 and a receive line 322. Accordingly, in operation, the RF coil 300 can be used with the MRI system to direct an RF pulse toward a body part that is placed in cup-shaped frame 308. Furthermore, the RF coil 300 may only be used to receive the resulting NMR signals.”).
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 6-7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fain et al. (US 20080275333) in view of Nock et al. (US 20160081676).
Regarding Claim 6, Fain teaches all limitations of Claim 1, as discussed above. However, Fain does not explicitly teach wherein the breast coil further comprises at least one diagnostic paddle.
In an analogous modular patient and antenna support structure field of endeavor, Johnson teaches a magnetic resonance imaging (MRI) system for imaging a human breast region of a patient, ([0080] “MRI compatible biopsy system (10) […]. […] Biopsy device (14) is positioned and guided by localization fixture (16) attached to breast coil (18) that may be placed upon a gantry (not shown) of a MRI or other imaging machine.”), wherein the breast coil further comprises at least one diagnostic paddle ([0087] “an instrument, such as needle (90) of probe (91) that is engaged to holster portion (32) to form biopsy device (14).”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to combine the teachings of Fain and Nock because the combination allows for an efficient biopsy procedure of the breast, which may ensure proper diagnosis and treatment of the breast of the patient.
Regarding Claim 7, the modified system of Fain teaches all limitations of Claim 6, as discussed above. Furthermore, Nock teaches wherein the at least one diagnostic paddle is configured to be releasably coupled to the receive coil by moving the at least one diagnostic paddle along a medial-lateral axis (Fig. 3, where the biopsy device 14 will be removed along the medial-lateral axis in order to disconnect from the guide cube 104 and cannula 94 in the breast coil 18).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to further combine the teachings of Nock because the combination allows for the user to have complete control over the biopsy procedure following the imaging of the patient’s breast for accurate localization of the tissue of interest.
Regarding Claim 13, Fain teaches all limitations of Claim 9, as discussed above. However, Fain does not explicitly teach releasably coupling at least one diagnostic paddle to the receive coil by moving the at least one diagnostic paddle along a medial-lateral axis.
In an analogous modular patient and antenna support structure field of endeavor, Johnson teaches a method of operating an MRI system for imaging a human breast region of a patient, ([0080] “MRI compatible biopsy system (10) […]. […] Biopsy device (14) is positioned and guided by localization fixture (16) attached to breast coil (18) that may be placed upon a gantry (not shown) of a MRI or other imaging machine.”), comprising releasably coupling at least one diagnostic paddle to the receive coil, ([0087] “an instrument, such as needle (90) of probe (91) that is engaged to holster portion (32) to form biopsy device (14).”), by moving the at least one diagnostic paddle along a medial-lateral axis (Fig. 3, where the biopsy device 14 will be removed along the medial-lateral axis in order to disconnect from the guide cube 104 and cannula 94 in the breast coil 18).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to combine the teachings of Fain and Nock because the combination allows for an efficient biopsy procedure of the breast, which may ensure proper diagnosis and treatment of the breast of the patient. Furthermore, the combination allows for the user to have complete control over the biopsy procedure following the imaging of the patient’s breast for accurate localization of the tissue of interest.
Conclusion
Biber is cited for teaching a magnetic resonance imaging (MRI) system for imaging a human breast region of a patient, (Fig. 1), and configured to accommodate a spine coil pre-positioned on a tabletop, (Fig. 1 and [0026]), the MRI system comprising: a breast coil, ([0026]), comprising: a housing, ([0014]), including a top portion, (Fig. 1), a bottom portion, (Fig. 1), a left support portion, (Fig. 1), and a right support portion, (Fig. 1), wherein the top portion, bottom portion, and left support portion define a left cup opening, and the top portion, bottom portion, and right support portion define a right cup opening; and a receive coil configured to image the breast region of the patient (Fig. 1 and [0019]); wherein the bottom portion of the housing comprises: a first side adjacent the spine coil, the first side and the spine coil each being disposed on the tabletop (Fig. 1); and a second side overlapping a top surface of the spine coil such that a top surface of the bottom portion is approximately horizontal (Fig. 1).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MARIA CHRISTINA TALTY/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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