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 arguments, see applicant arguments/remarks, filed 05/13/2026, with respect to previous claim objection of claim 10 have been fully considered and are persuasive. The previous claim objection of claim 10 has been withdrawn.
Applicant's arguments filed 05/13/2026 regarding the previous prior art rejection of claim 1 has been fully considered but they are not persuasive.
Regarding claim 1, the applicant argues that both prior art Xu and Miyoshi do not teach the emphasized limitation “a most recent transition among transitions of the respiratory movement monitoring signal, which is generated during the navigation measurement before the reception of the gate signal, is a transition from the reject signal to the accept signal and followed by maintaining, across a next R wave in the same respiratory period, the accept signal as the respiratory movement monitoring signal, from before the next R wave to after the next R wave.”
However, it is believed that Miyoshi teaches this portion of claim 1. Miyoshi teaches a most recent transition among transitions of the respiratory movement monitoring signal, which is generated during the navigation measurement before the reception of the gate signal, is a transition from the reject signal to the accept signal [Fig. 12, see Cβ2 is a transition from reject to accept and then the main measurement is performed. See also rest of reference.] and followed by maintaining, across a next R wave in the same respiratory period, the accept signal as the respiratory movement monitoring signal, from before the next R wave to after the next R wave [Fig. 12, see Cβ2 is maintained across R2-R5. See also rest of reference.].
Therefore, is believed that the combination of Xu and Miyoshi teaches all the limitations of claim 1. Please see below for further details.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the same respiratory period". There is insufficient antecedent basis for this limitation in the claim. Respiratory period is not defined and therefore, it is unclear what the same respiratory period refers to. Claims 2-9 are rejected for depending on claim 1.
Regarding claim 10, the claim first discloses “a step (d) of, after an R wave of an electrocardiogram waveform is detected, in a case in which a most recent transition among transitions of the respiratory movement monitoring signal generated during the navigation measurement before the R wave is detected is a transition from the reject signal to the accept signal, starting the main measurement after a preset delay time, the main measurement being controlled using the transition of the respiratory movement monitoring signal”.
Then the claim includes newly amended limitations that include “in which a most recent transition among transitions of the respiratory movement monitoring signal, which is generated during the navigation measurement before the reception of the gate signal, is a transition from the reject signal to the accept signal” which is substantially similar to the limitation disclosed above. Therefore, the claim is considered indefinite. Claims 11-13 are rejected for depending on claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (US 2010/0264922), in view of Miyoshi (US 2009/0062640).
Regarding claim 1, Xu teaches a magnetic resonance imaging apparatus [Fig. 1, see MRI apparatus. See also rest of reference.] comprising:
an imaging unit that collects a nuclear magnetic resonance signal generated from a subject, and performs (I) a navigation measurement for detecting a respiratory movement of the subject and (II) a main measurement for generating an image of the subject [See ¶0013-0014, see navigator gating. See also rest of reference.];
a measurement controller that controls the imaging unit [Fig. 1, see sequence controller. See also rest of reference.];
a respiratory movement monitoring unit that monitors the respiratory movement of the subject by using a result of the navigation measurement, and transmits a respiratory movement monitoring signal, corresponding to an accept signal and a reject signal, to the measurement controller depending on whether a magnitude of the respiratory movement of the subject is inside or outside a preset gate window [Fig. 4 and ¶0024. See navigator. See also rest of reference.]; and
a cardiac period monitoring unit that monitors a cardiac period of the subject, and generates a gate signal at an R wave occurrence timing of the cardiac period [¶0013-0014. See also rest of reference.],
wherein the measurement controller consecutively executes the navigation measurement before and after the generation of every gate signal [Fig. 7, wherein respiratory motion is tracked before and after each R wave. See ¶0028. See also rest of reference.], and controls the main measurement after a preset delay time elapses in a case in which a most recent transition among transitions of the respiratory movement monitoring signal, which is generated during the navigation measurement before the reception of the gate signal, is a transition from the reject signal to the accept signal [Fig. 7 and ¶0028, See measurement sequence 713 happening after a delay after the ECG trigger and during acceptable window. See also rest of reference.].
However, Xu is silent in teaching and followed by maintaining, across a next R wave in the same respiratory period, the accept signal as the respiratory movement monitoring signal, from before the next R wave to after the next R wave.
Miyoshi, which is also in the field of MRI, wherein the measurement controller consecutively executes the navigation measurement before and after the generation of every gate signal [Fig. 12, see breathing signal 36 is done before and after each R wave signal 40. See also rest of reference.], and controls the main measurement in a case in which a most recent transition among transitions of the respiratory movement monitoring signal, which is generated during the navigation measurement before the reception of the gate signal, is a transition from the reject signal to the accept signal [Fig. 12, see Cβ2 is a transition from reject to accept and then the main measurement is performed. See also rest of reference.] and followed by maintaining, across a next R wave in the same respiratory period, the accept signal as the respiratory movement monitoring signal, from before the next R wave to after the next R wave [Fig. 12, see Cβ2 is maintained across R2-R5. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Xu and Miyoshi because both references are in the field of using ECG signals and breathing/respiratory to gate acquisitions for MRI. Further, Miyoshi teaches it is known in the art that the acceptable breathing can occur for multiple R waves [Miyoshi - Fig. 12, see Cβ2 is maintained across R2-R5. See also rest of reference.] and to perform multiple acquisitions during a breathing period to acquire sufficient data to form a MR image [Miyoshi - Fig. 3, 5 and 12. ¶0063-0064. See also rest of reference.].
Regarding claim 2, Xu and Miyoshi teach the limitations of claim 1, which this claim depends from.
Xu further teaches wherein the respiratory movement monitoring unit does not use a result of a navigation measurement most recent to the main measurement among the navigation measurements performed after the main measurement, for monitoring the respiratory movement [Fig. 7 and ¶0028. See also rest of reference.].
Regarding claim 3, Xu and Miyoshi teach the limitations of claim 1, which this claim depends from.
Xu further teaches wherein the measurement controller adjusts a position of the main measurement following a navigation measurement performed in the delay time by using a respiratory movement position obtained by the navigation measurement [¶0013, Furthermore, the displacement information allows the excitation volume to be shifted by the determined respiratory displacement within the defined window in real-time (volume tracking). See also rest of reference.].
Xu is silent in teaching a slice position.
Miyoshi further teaches a slice position [See slice-select gradient. Therefore, a slice position is disclosed. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Xu and Miyoshi because both references are in the field of using ECG signals and breathing/respiratory to gate acquisitions for MRI. Further, Miyoshi teaches it is known in the art that the acceptable breathing can occur for multiple R waves [Miyoshi - Fig. 12, see Cβ2 is maintained across R2-R5. See also rest of reference.] and to perform multiple acquisitions during a breathing period to acquire sufficient data to form a MR image [Miyoshi - Fig. 3, 5 and 12. ¶0063-0064. See also rest of reference.].
Regarding claim 4, Xu and Miyoshi teach the limitations of claim 1, which this claim depends from.
Xu further teaches further comprising: a prior information setting unit that sets the gate window of the respiratory movement [¶0013, see defined window. See also rest of reference.], wherein the prior information setting unit sets the gate window at a position in a stable period of the respiratory movement [¶0013, see defined window. See also rest of reference.].
Regarding claim 5, Xu and Miyoshi teach the limitations of claim 4, which this claim depends from.
Xu further teaches wherein the prior information setting unit sets the gate window so that a maximum value of the stable period of the respiratory movement is included [Fig. 7, wherein the max values of the respiratory movement is in the acceptable windows. See also rest of reference.].
Regarding claim 7, Xu and Miyoshi teach the limitations of claim 4, which this claim depends from.
Xu further teaches wherein the measurement performed by the imaging unit includes scanogram imaging for determining an imaging part of the subject, and the prior information setting unit determines a position of the gate window by using an image obtained by the scanogram imaging [See Figs. 2-3 and corresponding descriptions. See also rest of reference.].
Regarding claim 10, Xu teaches a control method performed by a magnetic resonance imaging apparatus that generates a subject image as a main measurement of a subject, the control method comprising:
a step (a) of consecutively executing, under control of a measurement controller of the magnetic resonance imaging apparatus, a navigation measurement for detecting a respiratory movement waveform before and after the main measurement of the subject [Fig. 4 and ¶0024. See navigator. See also rest of reference.];
a step (b) of monitoring a result of the navigation measurement, and generating a respiratory movement monitoring signal, the respiratory movement monitoring signal being an accept signal in a case in which a magnitude of a respiratory movement is inside a set gate window, and the respiratory movement monitoring signal being a reject signal in a case in which the magnitude of the respiratory movement is outside the gate window [Fig. 4 and ¶0024. See navigator. See also rest of reference.];
a step (c) of monitoring a cardiac period of the subject and generating a gate signal at an R wave occurrence timing of the cardiac period [¶0013-0014. See also rest of reference.]; and
a step (d) of, after an R wave of an electrocardiogram waveform is detected, in a case in which a most recent transition among transitions of the respiratory movement monitoring signal generated during the navigation measurement before the R wave is detected is a transition from the reject signal to the accept signal, starting the main measurement after a preset delay time, the main measurement being controlled using the transition of the respiratory movement monitoring signal [Fig. 7 and ¶0028, See measurement sequence 713 happening after a delay after the ECG trigger and during acceptable window. See also rest of reference.], the navigation measurement being executed in step (a) before and after the generation of every gate signal [Fig. 12, see breathing signal 36 is done before and after each R wave signal 40. See also rest of reference.], and the main measurement being controlled after a preset delay time elapses in a case in which a most recent transition among transitions of the respiratory movement monitoring signal, which is generated during the navigation measurement before the reception of the gate signal, is a transition from the reject signal to the accept signal [Fig. 7 and ¶0028, See measurement sequence 713 happening after a delay after the ECG trigger and during acceptable window. See also rest of reference.].
However, Xu is silent in teaching the main measurement being performed multiple times in a respiratory period, and followed by maintaining, across a next R wave in the same respiratory period, the accept signal as the respiratory movement monitoring signal, from before the next R wave to after the next R wave.
Miyoshi, which is also in the field of MRI, teaches the main measurement being performed multiple times in a respiratory period [Fig. 12, wherein during one breathing period, Cβ2, multiple acquisitions, Pda, are performed. See also Fig. 3 and 5. See also rest of reference.]. Miyoshi also teaches the navigation measurement being executed in step (a) before and after the generation of every gate signal [Fig. 12, see breathing signal 36 is done before and after each R wave signal 40. See also rest of reference.], and controls the main measurement in a case in which a most recent transition among transitions of the respiratory movement monitoring signal, which is generated during the navigation measurement before the reception of the gate signal, is a transition from the reject signal to the accept signal [Fig. 12, see Cβ2 is a transition from reject to accept and then the main measurement is performed. See also rest of reference.] and followed by maintaining, across a next R wave in the same respiratory period, the accept signal as the respiratory movement monitoring signal, from before the next R wave to after the next R wave [Fig. 12, see Cβ2 is maintained across R2-R5. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Xu and Miyoshi because both references are in the field of using ECG signals and breathing/respiratory to gate acquisitions for MRI. Further, Miyoshi teaches it is known in the art that the acceptable breathing can occur for multiple R waves [Miyoshi - Fig. 12, see Cβ2 is maintained across R2-R5. See also rest of reference.] and to perform multiple acquisitions during a breathing period to acquire sufficient data to form a MR image [Miyoshi - Fig. 3, 5 and 12. ¶0063-0064. See also rest of reference.].
Regarding claim 11, the same reasons for rejection as claim 3 also apply to this claim. Claim 11 is merely the method version of apparatus claim 3.
Regarding claim 12, the same reasons for rejection as claim 7 also apply to this claim. Claim 12 is merely the method version of apparatus claim 7.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over previously cited Xu, in view of previously cited Miyoshi, in further view of Blumhagen (US 2015/0173642).
Regarding claim 6, Xu and Miyoshi teach the limitations of claim 4, which this claim depends from.
Xu and Miyoshi are silent in teaching wherein the prior information setting unit sets the gate window so that a position lower than a maximum value of the stable period of the respiratory movement is an upper limit value.
Blumhagen, which is also in the field of MRI, teaches wherein the prior information setting unit sets the gate window so that a position lower than a maximum value of the stable period of the respiratory movement is an upper limit value [Fig. 2 and ¶0043. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Xu and Miyoshi with the teachings of Blumhagen because all references are in the field of respiratory gating in MRI and because Blumhagen teaches it is known in the art to try setting threshold values for respiratory gating to less than maximum breathing position values [Blumhagen - Fig. 2 and ¶0043. See also rest of reference.].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over previously cited Xu, in view of previously cited Miyoshi, and in further view of Shi (US 2021/0128076).
Regarding claim 8, Xu and Miyoshi teach the limitations of claim 4, which this claim depends from.
Xu and Miyoshi are silent in teaching further comprising: a UI unit that receives adjustment of a position of the gate window by a user, wherein the respiratory movement monitoring unit reflects the adjustment received by the UI unit to change the position of the gate window set by the prior information setting unit.
Shi, which is also in the field of MRI, further comprising: a UI unit that receives adjustment of a position of the gate window by a user [¶0117, see trigger delay, which would adjust the position of the acquisition window from a default position. See also rest of reference.], wherein the respiratory movement monitoring unit reflects the adjustment received by the UI unit to change the position of the gate window set by the prior information setting unit. [¶0117, see trigger delay, which would adjust the position of the acquisition window from a default position. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Xu and Miyoshi with the teachings of Shi because all references are in the field of respiratory gating in MRI and because Shi teaches it is known in the art to try setting gating parameters according to a user preference [Shi - ¶0117. See also rest of reference.].
Claims 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited Xu, in view of Singh (“Improved Signal-to-Noise Ratio in Parallel Coronary Artery Magnetic Resonance Angiography using Graph Cuts based Bayesian Reconstruction”).
Regarding claim 9, Xu and Miyoshi teach the limitations of claim 1, which this claim depends from.
Xu and Miyoshi are silent in teaching further comprising: a prior information setting unit that sets the delay time of the main measurement, wherein the prior information setting unit determines the delay time by using a cine image obtained by cine imaging on a region including a heart of the subject as a target.
Singh, which is also in the field of MRI, teaches further comprising: a prior information setting unit that sets the delay time of the main measurement, wherein the prior information setting unit determines the delay time by using a cine image obtained by cine imaging on a region including a heart of the subject as a target [Page 704, see the optimal delay time between the cardiac trigger and the period of minimal cardiac contraction was determined from a cine scout scan. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of Xu and Miyoshi with the teachings of Singh because all references are in the field of gating in MRI and because Singh teaches it is known that the optimal delay time between the cardiac trigger and the period of minimal cardiac contraction was determined from a cine scout scan [Singh - Page 704. See also rest of reference.].
Regarding claim 13, the same reasons for rejection as claim 9 also apply to this claim. Claim 13 is merely the method version of apparatus claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2004/0059213 teaches a navigator and EKG triggered pulse sequence [Fig. 13].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RISHI R PATEL whose telephone number is (571)272-4385. The examiner can normally be reached Mon-Thurs 7 a.m. - 5 p.m..
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/RISHI R PATEL/Primary Examiner, Art Unit 2858
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