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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Regarding claims 1 and 15, the term “flow rate” is not enabled. In the specification, the units used for flow rate are cm/s. The unit of cm/s is actually speed or velocity, not flow rate. The units used for flow rate would be cm3/s. Therefore, the claims are not considered enabled. Claims 2-22 are rejected for the same reason.
Claims 5 and 9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The claims disclose “substituting the preset blood flow rate and a spatial saturation band parameter into Maxwell's equations”. However, Maxwell’s equations are a set of four fundamental equations in electromagnetism that describe how electric and magnetic fields interact. It is not clear from the specification how the preset blood flow rate and a spatial saturation band parameter are substituted in the Maxwell equations. While the Maxwell equations are disclosed in the specification, no actual formula/equations are shown and no showing of how to input said parameters into the Maxwell equations. Undue experimentation would be required to perform the steps of claims 5 and 9.
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 1-22 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.
Regarding claims 1 and 15, the term “flow rate” is considered indefinite. In the specification, the units used for flow rate are cm/s. The unit of cm/s is speed or velocity, not flow rate. The units used for flow rate would be cm3/s. Therefore, the claims are considered indefinite. Claims 2-22 are rejected for the same reason.
Regarding claim 4, it is not clear how the “first relational function” and the “first correspondence” of claim 1 are related. Therefore, the claim is considered indefinite.
Regarding claim 5, it is not clear how the preset blood flow rate and a spatial saturation band parameter are substituted in the Maxwell equations, when the Maxwell equations do not have variables related to the preset blood flow rate and a spatial saturation band parameter. Therefore, the claim is considered indefinite.
Regarding claim 7, it is not clear if “a first correspondence” in line 4 of the claim is the same or different from “a first correspondence” disclosed in claim 1. Therefore, the claim is considered indefinite. Claims 8-10 are rejected for depending on claim 1.
Regarding claim 8, it is not clear how the “second relational function” and the “first correspondence” of claim 1 are related. Therefore, the claim is considered indefinite.
Regarding claim 9, it is not clear how the preset blood flow rate and a spatial saturation band parameter are substituted in the Maxwell equations, when the Maxwell equations do not have variables related to the preset blood flow rate and a spatial saturation band parameter. Therefore, the claim is considered indefinite.
Regarding claim 16, it is not clear if “a first correspondence” in line 2 of the claim is the same or different from “a first correspondence” disclosed in claim 15. Therefore, the claim is considered indefinite.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 6-7, 10-12, and 15-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumai (US 2010/0226556).
Regarding claim 1, Kumai teaches a magnetic resonance scanning and imaging method, characterized in that the method comprises:
determining, according to a first correspondence between a blood flow rate and a spatial saturation band parameter, a first spatial saturation band parameter corresponding to a blood flow rate of a site to be examined [¶0042-0049. See also rest of reference.]; and
by using a scan sequence related to the first spatial saturation band parameter, scanning the site to be examined, to acquire a magnetic resonance image of the site to be examined [¶0042-0049. See also rest of reference.].
Regarding claim 2, Kumai further teaches further comprising: determining a second correspondence between a different examined site and a blood flow rate [Fig. 4 and ¶0034, wherein different slices are imaged. See ¶0042-0049, where a different imaging site is used and then a different velocity is determined. See also rest of reference.]; and determining, according to the second correspondence, the blood flow rate of the site to be examined [Fig. 4 and ¶0034, wherein different slices are imaged. See ¶0042-0049, where a different imaging site is used and then a different velocity is determined. See also rest of reference.].
Regarding claim 3, Kumai further teaches wherein the blood flow rate comprises at least one among a venous blood flow rate and an arterial blood flow rate [¶0040-0042. See also rest of reference.].
Regarding claim 6, Kumai further teaches wherein the step of determining, according to a first correspondence between a blood flow rate and a spatial saturation band parameter, a first spatial saturation band parameter corresponding to a blood flow rate of a site to be examined comprises: determining at least one among a venous blood flow rate and an arterial blood flow rate corresponding to the site to be examined [¶0040-0042. See also rest of reference.]; and performing at least one of the following steps: determining, according to the first correspondence, a venous first spatial saturation band parameter corresponding to the venous blood flow rate [¶0040-0049. See also rest of reference.]; and determining, according to the first correspondence, an arterial first spatial saturation band parameter corresponding to the arterial blood flow rate [¶0040-0049. See also rest of reference.].
Regarding claim 7, Kumai further teaches wherein determining, according to a first correspondence between a blood flow rate and a spatial saturation band parameter, a first spatial saturation band parameter corresponding to a blood flow rate of a site to be examined comprises: determining, according to a first correspondence between a blood flow rate, a scan parameter and a spatial saturation band parameter, a first spatial saturation band parameter corresponding to a blood flow rate of a site to be examined and a set scan parameter [¶0042-0049, wherein overlap rate is determined based on a first correspondence between a blood flow rate, a scan parameter and a spatial saturation band parameter, a first spatial saturation band parameter corresponding to a blood flow rate of a site to be examined and a set scan parameter. See also rest of reference.].
Regarding claim 10, Kumai further teaches wherein the step of determining, according to a first correspondence between a blood flow rate, a scan parameter and a spatial saturation band parameter, a first spatial saturation band parameter corresponding to a blood flow rate of the site to be examined and a set scan parameter comprises: determining at least one among a venous blood flow rate and an arterial blood flow rate corresponding to the site to be examined [¶0040-0042. See also rest of reference.]; and performing at least one of the following steps: determining, according to the first correspondence, a venous first spatial saturation band parameter corresponding to the set scan parameter and the venous blood flow rate [¶0040-0049. See also rest of reference.]; and determining, according to the first correspondence, an arterial first spatial saturation band parameter corresponding to the set scan parameter and the arterial blood flow rate [¶0040-0049. See also rest of reference.].
Regarding claim 11, Kumai further teaches wherein the spatial saturation band parameter comprises at least one among the distance between the spatial saturation band and the site to be examined, and the thickness of the spatial saturation band [¶0035, see width of area of pre-saturation region. See also rest of reference.].
Regarding claim 12, Kumai further teaches wherein the scan parameter comprises at least one among repetition time, flip angle, the number of scanning layers, and scanning layer thickness [¶0044-0049, see thickness. See also rest of reference.].
Regarding claim 15, the same reasons for rejection as claim 1 apply to claim 15. Claim 15 is merely the apparatus version of method claim 1.
Regarding claim 16, Kumai further teaches wherein the controller is further used to determine, according to a first correspondence between a blood flow rate, a scan parameter and a spatial saturation band parameter, a first spatial saturation band parameter corresponding to the blood flow rate of the site to be examined and a set scan parameter [¶0042-0049, wherein overlap rate is determined based on a first correspondence between a blood flow rate, a scan parameter and a spatial saturation band parameter, a first spatial saturation band parameter corresponding to a blood flow rate of a site to be examined and a set scan parameter. See also rest of reference.].
Regarding claim 17, Kumai further teaches wherein the controller determines, according to a second correspondence between a different examination site and a blood flow rate, the blood flow rate of the site to be examined [Fig. 4 and ¶0034, wherein different slices are imaged. See ¶0042-0049, where a different imaging site is used and then a different velocity is determined. See also rest of reference.].
Regarding claim 18, Kumai further teaches wherein the controller determines at least one among a venous blood flow rate and an arterial blood flow rate corresponding to the site to be examined [¶0040-0042. See also rest of reference.]; and performs at least one of the following steps: determining, according to the first correspondence, a venous first spatial saturation band parameter corresponding to the venous blood flow rate [¶0040-0049. See also rest of reference.]; and determining, according to the first correspondence, an arterial first spatial saturation band parameter corresponding to the arterial blood flow rate [¶0040-0049. See also rest of reference.].
Regarding claim 19, Kumai further teaches wherein the controller determines at least one among a venous blood flow rate and an arterial blood flow rate corresponding to the site to be examined [¶0040-0042. See also rest of reference.]; and performs at least one of the following steps: determining, according to the first correspondence, a venous first spatial saturation band parameter corresponding to the set scan parameter and the venous blood flow rate [¶0040-0049. See also rest of reference.]; and determining, according to the first correspondence, an arterial first spatial saturation band parameter corresponding to the set scan parameter and the arterial blood flow rate [¶0040-0049. See also rest of reference.].
Regarding claim 20, Kumai further teaches wherein the spatial saturation band parameter comprises at least one among the distance between the spatial saturation band and the site to be examined, and the thickness of the spatial saturation band [¶0035, see width of area of pre-saturation region. See also rest of reference.].
Regarding claim 21, Kumai further teaches wherein the scan parameter comprises at least one among repetition time, flip angle, the number of scanning layers, and scanning layer thickness [¶0044-0049, see thickness. See also rest of reference.].
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 4, 8, 13-14, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited Kumai, in view Xie (CN 108143417. See English translation provided by Espacenet and attached to this office action).
Regarding claim 4, Kumai teaches the limitations of claim 1, which this claim depends from.
Kumai further teaches a first relational function between blood flow rate and a spatial saturation band parameter [¶0042-0049. See also rest of reference.]. Kumai further teaches a preset blood flow rate [¶0042-0049. See also rest of reference.].
However, Kumai is silent in teaching wherein the method further comprises: determining the first correspondence, comprising: acquiring, at a preset blood flow rate, a plurality of blood flow magnetic resonance signals corresponding to different spatial saturation band parameters; determining a blood flow magnetic resonance signal having the lowest signal strength among the plurality of blood flow magnetic resonance signals; taking a spatial saturation band parameter corresponding to the blood flow magnetic resonance signal having the lowest signal strength as a reference spatial saturation band parameter; and determining, according to the preset blood flow rate and the reference spatial saturation band parameter.
Xie, which is also in the field of MRI, teaches wherein the method further comprises: determining the first correspondence, comprising: acquiring, at a preset blood flow rate, a plurality of blood flow magnetic resonance signals corresponding to different spatial saturation band parameters [¶0031, see adjusting one or more parameters. See also rest of reference.]; determining a blood flow magnetic resonance signal having the lowest signal strength among the plurality of blood flow magnetic resonance signals [¶0031, see optimal suppression. See also rest of reference.]; taking a spatial saturation band parameter corresponding to the blood flow magnetic resonance signal having the lowest signal strength as a reference spatial saturation band parameter [¶0031, see optimal suppression. See also rest of reference.]; and determining, according to the preset blood flow rate and the reference spatial saturation band parameter, a first relational function between blood flow and a spatial saturation band parameter [¶0031-0033. 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 Kumai and Xie because both references are in the field of suppression blood flow and because Xie teaches it is known in the art to adjust parameters until an optimal blood flow suppression is achieved [Xie - ¶0031].
Regarding claim 8, Kumai teaches the limitations of claim 7, which this claim depends from.
Kumai further teaches a second relational function between the blood flow rate, the scan parameter, and the spatial saturation band parameter [¶0042-0049. See also rest of reference.]. Kumai further teaches a preset blood flow rate [¶0042-0049. See also rest of reference.].
However, Kumai is silent in teaching wherein the method further comprises: determining the first correspondence, comprising: acquiring, at a preset blood flow rate and given a preset scan parameter, a plurality of blood flow magnetic resonance signals corresponding to different spatial saturation band parameters; determining a blood flow magnetic resonance signal having the lowest signal strength among the plurality of blood flow magnetic resonance signals; taking a spatial saturation band parameter corresponding to the blood flow magnetic resonance signal having the lowest signal strength as a reference spatial saturation band parameter; and determining, according to the preset blood flow rate, the preset scan parameter and the reference spatial saturation band parameter.
Xie, which is also in the field of MRI, teaches wherein the method further comprises: determining the first correspondence, comprising: acquiring, at a preset blood flow rate and given a preset scan parameter, a plurality of blood flow magnetic resonance signals corresponding to different spatial saturation band parameters [¶0031, see adjusting one or more parameters. See also rest of reference.]; determining a blood flow magnetic resonance signal having the lowest signal strength among the plurality of blood flow magnetic resonance signals [¶0031, see optimal suppression. See also rest of reference.]; taking a spatial saturation band parameter corresponding to the blood flow magnetic resonance signal having the lowest signal strength as a reference spatial saturation band parameter [¶0031, see optimal suppression. See also rest of reference.]; and determining, according to the preset blood flow rate, the preset scan parameter and the reference spatial saturation band parameter, a second relational function between the blood flow rate, the scan parameter, and the spatial saturation band parameter [¶0031-0033. 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 Kumai and Xie because both references are in the field of suppression blood flow and because Xie teaches it is known in the art to adjust parameters until an optimal blood flow suppression is achieved [Xie - ¶0031].
Regarding claim 13, Kumai teaches the limitations of claim 1, which this claim depends from.
Kumai further teaches wherein the scan sequence comprises a first pulse sequence [Fig. 2-3. See also rest of reference.].
Kumai is silent in teaching at least one among a gradient size and a center frequency of pulses in the first pulse sequence being related to the first spatial saturation band parameter.
Xie further teaches at least one among a gradient size and a center frequency of pulses in the first pulse sequence being related to the first spatial saturation band parameter [¶0031, wherein RF pulse sequence parameters include gradient pulses with certain width and amplitude and changing those parameters for suppressing blood flow. 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 Kumai and Xie because both references are in the field of suppression blood flow and because Xie teaches it is known in the art to adjust parameters until an optimal blood flow suppression is achieved [Xie - ¶0031].
Regarding claim 14, Kumai and Xie teach the limitations of claim 13, which this claim depends from.
Kumai and Xie teach wherein the scan sequence further comprises a second pulse sequence related to a set scan parameter [Kumai – Figs. 2-4, wherein pulse sequences are performed for each slice that is set. Xie - ¶0031-0033. See also rest of references.].
Regarding claim 22, the same reasons for rejection as claim 13 apply to claim 22. Claim 22 is merely the apparatus version of method claim 13.
Claims 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited Kumai, in view of previously cited Xie, and in further view of Kimura (US 2004/0162483).
Regarding claim 5, Kumai and Xie teach the limitations of claim 4, which this claim depends from.
Kumai and Xie are silent in teaching wherein acquiring, at a preset blood flow rate, a plurality of blood flow magnetic resonance signals corresponding to different spatial saturation band parameters comprises: substituting the preset blood flow rate and a spatial saturation band parameter into Maxwell's equations, and calculating to obtain a blood flow magnetic resonance signal corresponding to the spatial saturation band parameter.
Kimura, which is also in the field of MRI, teaches wherein acquiring, at a preset blood flow rate, a plurality of blood flow magnetic resonance signals corresponding to different spatial saturation band parameters comprises: substituting the preset blood flow rate and a spatial saturation band parameter into Maxwell's equations, and calculating to obtain a blood flow magnetic resonance signal corresponding to the spatial saturation band parameter [¶0129, ¶0170, ¶0177-0178. 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 Kumai and Xie with the teachings of Kimura because all references are in the field of imaging blood vessels [Kimura - ¶0002].
Regarding claim 9, Kumai and Xie teach the limitations of claim 8, which this claim depends from.
Kumai and Xie are silent in teaching wherein acquiring, at a preset blood flow rate and given a preset scan parameter, a plurality of blood flow magnetic resonance signals corresponding to different spatial saturation band parameters comprises: substituting the preset blood flow rate, the preset scan parameter, and a spatial saturation band parameter into Maxwell's equations, and calculating to obtain a blood flow magnetic resonance signal corresponding to the spatial saturation band parameter.
Kimura, which is also in the field of MRI, teaches wherein acquiring, at a preset blood flow rate and given a preset scan parameter, a plurality of blood flow magnetic resonance signals corresponding to different spatial saturation band parameters comprises: substituting the preset blood flow rate, the preset scan parameter, and a spatial saturation band parameter into Maxwell's equations, and calculating to obtain a blood flow magnetic resonance signal corresponding to the spatial saturation band parameter [¶0129, ¶0170, ¶0177-0178. 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 Kumai and Xie with the teachings of Kimura because all references are in the field of imaging blood vessels [Kimura - ¶0002].
Conclusion
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 2896