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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 is directed to A computer-implemented method for determining a magnetic resonance image data set of an acquisition region, which is considered to be a process. Claims 13 is directed to a magnetic resonance imaging device which is considered an apparatus, claim 14 is directed to A non-transitory computer-readable medium having instructions stored thereon which is considered an apparatus.
As to claim 1,
Step 2A, Prong 1: Claim 1 includes determining, via the magnetic resonance imaging device, the magnetic resonance image data set from the intermediate data set is directed to an abstract idea. The recitation is considered mathematical concepts. As explained in MPEP 2106.05(a)(2), mathematical concepts, such as mathematical calculations, have been identified as abstract ideas (Step 2A, Prong One).
Step 2A, Prong Two: Nothing in the claim implements the abstract idea in a practical application of the abstract idea that is significantly more than the abstract idea. In fact, this claim ends with the abstract idea of determining, via the magnetic resonance imaging device, the magnetic resonance image data set from the intermediate data set.
Step 2B, The remaining features of the claim are additional elements, which are acquiring, via a magnetic resonance imaging device, magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, applying, via the magnetic resonance imaging device, phase unwrapping of background phase to the raw data set to determine an intermediate data set, wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel. However, these features do not reasonably integrate the abstract idea into a practical application, and these additional elements are conventional, and thus do not amount to significantly more than the abstract idea.
As evidence,
Zhang et al. teach A magnetic resonance imaging device, (Fig. 1) comprising:
processing circuitry (16, Fig. 1) configured to determine a magnetic resonance image data set of an acquisition region comprising two proton species having a different spin (Note column 8, lines 54-64) characteristics by:
acquiring magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, (The present invention provides a method and apparatus to acquire the information necessary for separating and producing water-pixel and fat-pixel NMR images, using a "single point" Dixon method in a single data acquisition scan. The present invention allows any MR imaging sequence, for example 2-D and 3-D field-echo or spin-echo sequences, that acquires k-space signals in which water nuclei and fat nuclei are out-of-phase to be used as a single scan single-point Dixon sequence to produce water-pixel and fat-pixel images.) (Note column 6, lines 65-66 to column 7, lines 1-8.)
applying phase unwrapping of background phase to the raw data set to determine an intermediate data set, (Phase unwrapping is also employed in the present invention in analyzing single-scan single-point Dixon images to produce water-pixel and fat-pixel images.) (Note column 7, lines 8-10)
wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel; (Next, a region-growing algorithm (see background discussion) guided by a polynomial model is used to unwrap the phase which is then used to separately calculate water-pixel data and fat-pixel data for producing separate images. ) Note column 7 lines 27-33. and
determining the magnetic resonance image data set from the intermediate data set. (Note column 9, lines 56-67 to column 10. Line 3) ((16) Once the unwrapped phase .phi. is obtained, as indicated in step 35, the water-pixel, I.sub.water-pixel, and fat-pixel, I.sub.fat-pixel, imaging data is calculated by MRI system processor 16, as indicated at step 36, in accordance with the following two equations:
(17) I.sub.water-pixel =.vertline.S.vertline.+S exp{i.phi.} Equ. 1
(18) I.sub.fat-pixel =.vertline.S.vertline.-S exp{i.phi.} Equ. 2
(19) Finally, as indicated in step 36, the process is continued for all of the acquired MR scan data until all pixel data acquired in the scan has been processed. The water-pixel and fat-pixel image data is then used to produce an image on film or for display on CRT 18 in the conventional manner.)
Yatsui (US 20040010191) teach acquiring, via a magnetic resonance imaging device, magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, (Note Dixon par. 0059)
applying, via the magnetic resonance imaging device, phase unwrapping of background phase to the raw data set to determine an intermediate data set,(Note par. 0073) wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel. (Note par. 0087, intensities)
The above additional elements have been demonstrated to be conventional by way of the above identified prior art. These additional elements therefore do not reasonably amount to significantly more than the abstract idea. As such, this claim stands rejected for being directed to a judicial exception (abstract idea).
As to claim 13, Step 2A, Prong 1: Claim 13 includes determining, via the magnetic resonance imaging device, the magnetic resonance image data set from the intermediate data set is directed to an abstract idea. The recitation is considered mathematical concepts. As explained in MPEP 2106.05(a)(2), mathematical concepts, such as mathematical calculations, have been identified as abstract ideas (Step 2A, Prong One).
Step 2A, Prong Two: Nothing in the claim implements the abstract idea in a practical application of the abstract idea that is significantly more than the abstract idea. In fact, this claim ends with the abstract idea of determining, via the magnetic resonance imaging device, the magnetic resonance image data set from the intermediate data set.
Step 2B, The remaining features of the claim are additional elements, magnetic resonance device, a main magnet; and processing circuitry configured to determine a magnetic resonance image data set of an acquisition region comprising two proton species having a different spin characteristics by: acquiring, via a magnetic resonance imaging device, magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, applying, via the magnetic resonance imaging device, phase unwrapping of background phase to the raw data set to determine an intermediate data set, wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel. However, these features do not reasonably integrate the abstract idea into a practical application, and these additional elements are conventional, and thus do not amount to significantly more than the abstract idea.
As evidence,
Zhang et al. teach A magnetic resonance imaging device, (Fig. 1) comprising:
main magnet (10), processing circuitry (16, Fig. 1) configured to determine a magnetic resonance image data set of an acquisition region comprising two proton species having a different spin (Note column 8, lines 54-64) characteristics by:
acquiring magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, (The present invention provides a method and apparatus to acquire the information necessary for separating and producing water-pixel and fat-pixel NMR images, using a "single point" Dixon method in a single data acquisition scan. The present invention allows any MR imaging sequence, for example 2-D and 3-D field-echo or spin-echo sequences, that acquires k-space signals in which water nuclei and fat nuclei are out-of-phase to be used as a single scan single-point Dixon sequence to produce water-pixel and fat-pixel images.) (Note column 6, lines 65-66 to column 7, lines 1-8.)
applying phase unwrapping of background phase to the raw data set to determine an intermediate data set, (Phase unwrapping is also employed in the present invention in analyzing single-scan single-point Dixon images to produce water-pixel and fat-pixel images.) (Note column 7, lines 8-10)
wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel; (Next, a region-growing algorithm (see background discussion) guided by a polynomial model is used to unwrap the phase which is then used to separately calculate water-pixel data and fat-pixel data for producing separate images. ) Note column 7 lines 27-33. and
determining the magnetic resonance image data set from the intermediate data set. (Note column 9, lines 56-67 to column 10. Line 3) ((16) Once the unwrapped phase .phi. is obtained, as indicated in step 35, the water-pixel, I.sub.water-pixel, and fat-pixel, I.sub.fat-pixel, imaging data is calculated by MRI system processor 16, as indicated at step 36, in accordance with the following two equations:
(17) I.sub.water-pixel =.vertline.S.vertline.+S exp{i.phi.} Equ. 1
(18) I.sub.fat-pixel =.vertline.S.vertline.-S exp{i.phi.} Equ. 2
(19) Finally, as indicated in step 36, the process is continued for all of the acquired MR scan data until all pixel data acquired in the scan has been processed. The water-pixel and fat-pixel image data is then used to produce an image on film or for display on CRT 18 in the conventional manner.)
Yatsui (US 20040010191) teach A magnetic resonance device, (Fig.3 ) main magnet (Note Fig., 3) , processing circuitry (claim 1) configured to determine a magnetic resonance image data set of an acquisition region comprising two proton species having a different spin characteristics . (par. 0192 water and fat)
acquiring, via a magnetic resonance imaging device, magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, (Note Dixon par. 0059)
applying, via the magnetic resonance imaging device, phase unwrapping of background phase to the raw data set to determine an intermediate data set,(Note par. 0073) wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel. (Note par. 0087, intensities)
The above additional elements have been demonstrated to be conventional by way of the above identified prior art. These additional elements therefore do not reasonably amount to significantly more than the abstract idea. As such, this claim stands rejected for being directed to a judicial exception (abstract idea).
As to claim 14, Step 2A, Prong 1: Claim 14 includes determining the magnetic resonance image data set from the intermediate data set is directed to an abstract idea. The recitation is considered mathematical concepts. As explained in MPEP 2106.05(a)(2), mathematical concepts, such as mathematical calculations, have been identified as abstract ideas (Step 2A, Prong One).
Step 2A, Prong Two: Nothing in the claim implements the abstract idea in a practical application of the abstract idea that is significantly more than the abstract idea. In fact, this claim ends with the abstract idea of determining, via the magnetic resonance imaging device, the magnetic resonance image data set from the intermediate data set.
Step 2B, The remaining features of the claim are additional elements, processing circuitry of a magnetic resonance imaging device, cause the magnetic resonance imaging device to determine a magnetic resonance image data set of an acquisition region comprising two proton species having a different spin characteristics; acquiring magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, applying, via the magnetic resonance imaging device, phase unwrapping of background phase to the raw data set to determine an intermediate data set, wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel. However, these features do not reasonably integrate the abstract idea into a practical application, and these additional elements are conventional, and thus do not amount to significantly more than the abstract idea.
As evidence,
Zhang et al. teach A non-transitory computer-readable medium having instructions stored thereon that, when executed via processing circuitry of a magnetic resonance imaging device, (Note computer Fig. 1) cause the magnetic resonance imaging device to determine a magnetic resonance image data set of an acquisition region comprising two proton species (fat and water) having a different spin characteristics by: (Note column 8, lines 54-64) characteristics by:
acquiring magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, (The present invention provides a method and apparatus to acquire the information necessary for separating and producing water-pixel and fat-pixel NMR images, using a "single point" Dixon method in a single data acquisition scan. The present invention allows any MR imaging sequence, for example 2-D and 3-D field-echo or spin-echo sequences, that acquires k-space signals in which water nuclei and fat nuclei are out-of-phase to be used as a single scan single-point Dixon sequence to produce water-pixel and fat-pixel images.) (Note column 6, lines 65-66 to column 7, lines 1-8.)
applying phase unwrapping of background phase to the raw data set to determine an intermediate data set, (Phase unwrapping is also employed in the present invention in analyzing single-scan single-point Dixon images to produce water-pixel and fat-pixel images.) (Note column 7, lines 8-10)
wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel; (Next, a region-growing algorithm (see background discussion) guided by a polynomial model is used to unwrap the phase which is then used to separately calculate water-pixel data and fat-pixel data for producing separate images. ) Note column 7 lines 27-33. and
determining the magnetic resonance image data set from the intermediate data set. (Note column 9, lines 56-67 to column 10. Line 3) ((16) Once the unwrapped phase .phi. is obtained, as indicated in step 35, the water-pixel, I.sub.water-pixel, and fat-pixel, I.sub.fat-pixel, imaging data is calculated by MRI system processor 16, as indicated at step 36, in accordance with the following two equations:
(17) I.sub.water-pixel =.vertline.S.vertline.+S exp{i.phi.} Equ. 1
(18) I.sub.fat-pixel =.vertline.S.vertline.-S exp{i.phi.} Equ. 2
(19) Finally, as indicated in step 36, the process is continued for all of the acquired MR scan data until all pixel data acquired in the scan has been processed. The water-pixel and fat-pixel image data is then used to produce an image on film or for display on CRT 18 in the conventional manner.)
Yatsui (US 20040010191) teach processing circuitry of a magnetic resonance imaging device (Fig. 3, claim 1) cause the magnetic resonance imaging device to determine a magnetic resonance image data set of an acquisition region comprising two proton species having a different spin characteristics . (par. 0192, water and fat)
acquiring, via a magnetic resonance imaging device, magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, (Note Dixon par. 0059)
applying, via the magnetic resonance imaging device, phase unwrapping of background phase to the raw data set to determine an intermediate data set,(Note par. 0073) wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel. (Note par. 0087, intensities)
The above additional elements have been demonstrated to be conventional by way of the above identified prior art. These additional elements therefore do not reasonably amount to significantly more than the abstract idea. As such, this claim stands rejected for being directed to a judicial exception (abstract idea).
Claims 2-12 merely extend the abstract idea identified in claim 1 and does not add any further additional elements . Therefore the claims are considered to be directed to the abstract idea analogously to claim 1 above.
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, 6, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Zhang et al. (US 6263228)
Regarding claims 13 and 1, Zhang et al. teach A magnetic resonance imaging device, (Fig. 1) comprising:
Zhang et al. teach a main magnet ; (10, Fig. 1) and
processing circuitry (16, Fig. 1) configured to determine a magnetic resonance image data set of an acquisition region comprising two proton species having a different spin (Note column 8, lines 54-64) characteristics by:
acquiring magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, (The present invention provides a method and apparatus to acquire the information necessary for separating and producing water-pixel and fat-pixel NMR images, using a "single point" Dixon method in a single data acquisition scan. The present invention allows any MR imaging sequence, for example 2-D and 3-D field-echo or spin-echo sequences, that acquires k-space signals in which water nuclei and fat nuclei are out-of-phase to be used as a single scan single-point Dixon sequence to produce water-pixel and fat-pixel images.) (Note column 6, lines 65-66 to column 7, lines 1-8.)
applying phase unwrapping of background phase to the raw data set to determine an intermediate data set, (Phase unwrapping is also employed in the present invention in analyzing single-scan single-point Dixon images to produce water-pixel and fat-pixel images.) (Note column 7, lines 8-10)
wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel; (Next, a region-growing algorithm (see background discussion) guided by a polynomial model is used to unwrap the phase which is then used to separately calculate water-pixel data and fat-pixel data for producing separate images. ) Note column 7 lines 27-33. and
determining the magnetic resonance image data set from the intermediate data set. (Note column 9, lines 56-67 to column 10. Line 3) ((16) Once the unwrapped phase .phi. is obtained, as indicated in step 35, the water-pixel, I.sub.water-pixel, and fat-pixel, I.sub.fat-pixel, imaging data is calculated by MRI system processor 16, as indicated at step 36, in accordance with the following two equations:
(17) I.sub.water-pixel =.vertline.S.vertline.+S exp{i.phi.} Equ. 1
(18) I.sub.fat-pixel =.vertline.S.vertline.-S exp{i.phi.} Equ. 2
(19) Finally, as indicated in step 36, the process is continued for all of the acquired MR scan data until all pixel data acquired in the scan has been processed. The water-pixel and fat-pixel image data is then used to produce an image on film or for display on CRT 18 in the conventional manner.)
Regarding claim 6, Zhang et al. teach wherein the two proton species comprise fat protons bound in fat molecules and water protons bound in water molecules. (Note abstract, A region-growing algorithm guided by a polynomial model is used to unwrap the phase which is then used to separately generate water-pixel data and fat-pixel data for producing separate images.)
Regarding claim 14, Zhang et al. teach A non-transitory computer-readable medium having instructions stored thereon that, when executed via processing circuitry of a magnetic resonance imaging device, (Note computer Fig. 1) cause the magnetic resonance imaging device to determine a magnetic resonance image data set of an acquisition region comprising two proton species (fat and water) having a different spin characteristics by: (Note column 8, lines 54-64) characteristics by:
acquiring magnetic resonance signals from the acquisition region using an opposed-phase condition of the spins of the two proton species, wherein the magnetic resonance signals form a raw data set, (The present invention provides a method and apparatus to acquire the information necessary for separating and producing water-pixel and fat-pixel NMR images, using a "single point" Dixon method in a single data acquisition scan. The present invention allows any MR imaging sequence, for example 2-D and 3-D field-echo or spin-echo sequences, that acquires k-space signals in which water nuclei and fat nuclei are out-of-phase to be used as a single scan single-point Dixon sequence to produce water-pixel and fat-pixel images.) (Note column 6, lines 65-66 to column 7, lines 1-8.)
applying phase unwrapping of background phase to the raw data set to determine an intermediate data set, (Phase unwrapping is also employed in the present invention in analyzing single-scan single-point Dixon images to produce water-pixel and fat-pixel images.) (Note column 7, lines 8-10)
wherein the intermediate data set represents a difference between contributions of one proton species and the other proton species for each voxel; (Next, a region-growing algorithm (see background discussion) guided by a polynomial model is used to unwrap the phase which is then used to separately calculate water-pixel data and fat-pixel data for producing separate images. ) Note column 7 lines 27-33. and
determining the magnetic resonance image data set from the intermediate data set. (Note column 9, lines 56-67 to column 10. Line 3) ((16) Once the unwrapped phase .phi. is obtained, as indicated in step 35, the water-pixel, I.sub.water-pixel, and fat-pixel, I.sub.fat-pixel, imaging data is calculated by MRI system processor 16, as indicated at step 36, in accordance with the following two equations:
(17) I.sub.water-pixel =.vertline.S.vertline.+S exp{i.phi.} Equ. 1
(18) I.sub.fat-pixel =.vertline.S.vertline.-S exp{i.phi.} Equ. 2
(19) Finally, as indicated in step 36, the process is continued for all of the acquired MR scan data until all pixel data acquired in the scan has been processed. The water-pixel and fat-pixel image data is then used to produce an image on film or for display on CRT 18 in the conventional manner.)
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 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 6263228) in view of Nitta et al. (US 20200041593).
Zhang et al. teach the instant invention except the following claim limitations.
Regarding claim 4, Zhang et al. does not teach wherein the acquiring the magnetic resonance signals comprises acquiring the magnetic resonance signals after applying a suppression of one of the two proton species whose contributions are not to be emphasized in the magnetic resonance image data set.
Nitta et al. teach wherein the acquiring the magnetic resonance signals comprises acquiring the magnetic resonance signals after applying a suppression of one of the two proton species whose contributions are not to be emphasized in the magnetic resonance image data set. (Note [0043] In step S204, by executing the calculation function 1319, the processing circuitry 131 determines a type of a set frequency-selective pulse. A frequency-selective pulse is a pulse for suppressing or emphasizing first tissue or second tissue. As types of such frequency-selective pulse, a fat suppression method utilizing a difference in resonance frequencies between water and fat, for example, the chemical shift selective imaging (CHESS) method, the spectral pre-saturation with inversion recovery (SPIR) method, and the spectral attenuated inversion recovery (SPAIR) method, are known.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of wherein the acquiring the magnetic resonance signals comprises acquiring the magnetic resonance signals after applying a suppression of one of the two proton species whose contributions are not to be emphasized in the magnetic resonance image data set to so that only MR signals of water are collected for imaging. (Note Nitta et al. par. 0084)
Regarding claim 5, Zhang et al. does not teach wherein the suppression of the one of the two proton species comprises using a spectral attenuated inversion recovery technique.
Nitta et al. teach wherein the suppression of the one of the two proton species comprises using a spectral attenuated inversion recovery technique. (Note [0043] In step S204, by executing the calculation function 1319, the processing circuitry 131 determines a type of a set frequency-selective pulse. A frequency-selective pulse is a pulse for suppressing or emphasizing first tissue or second tissue. As types of such frequency-selective pulse, a fat suppression method utilizing a difference in resonance frequencies between water and fat, for example, the chemical shift selective imaging (CHESS) method, the spectral pre-saturation with inversion recovery (SPIR) method, and the spectral attenuated inversion recovery (SPAIR) method, are known.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of wherein the suppression of the one of the two proton species comprises using a spectral attenuated inversion recovery technique to provide more consistent fat suppression across the image compared to conventional spectral fat-sat.
Claims 7 , 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 6263228) in view of Stuber et al. (US 20090027051).
Zhang et al. teach the instant invention except the following claim limitations.
Regarding claim 7, Zhang et al. does not teach the method is performed as part of a magnetic resonance angiography, and wherein contributions from the water proton species are emphasized in the magnetic resonance image data set.
Stuber et al. teach the method is performed as part of a magnetic resonance angiography, (Note par. 0053) and wherein contributions from the water proton species are emphasized in the magnetic resonance image data set. ([0070] In more particular embodiments and described further herein, such selectively visualizing more particularly includes performing one or both of fat signal suppression (Step 112) and on-resonant water signal suppression (Step 114). ) Examiner’s position is that fat suppression suggests water proton species are emphasized.
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of magnetic resonance angiography, and wherein contributions from the water proton species are emphasized in the magnetic resonance image data set to increase contrast-to-noise ratio (CNR), allowing better identification of vascular pathologies.
Regarding claim 9, Zhang et al. does not teach wherein the acquiring the magnetic resonance signals comprises applying perfusion imaging and/or time-of-flight imaging.
Stuber et al. teach wherein the acquiring the magnetic resonance signals comprises applying perfusion imaging and/or time-of-flight imaging. (Note par. 0053)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of acquiring the magnetic resonance signals comprises applying perfusion imaging and/or time-of-flight imaging to serve as a road map for guidance and assessment. (Note Stuber et al. par. 0053)
Regarding claim 10, Zhang et al. does not teach wherein the determining the magnetic resonance image data set comprises determining at least one maximum intensity projection as the magnetic resonance image data set.
Stuber et al. teach wherein the determining the magnetic resonance image data set comprises determining at least one maximum intensity projection as the magnetic resonance image data set. (Note par. 0053)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of determining the magnetic resonance image data set comprises determining at least one maximum intensity projection as the magnetic resonance image data set to makes vessels appear as continuous, tubular, and branching structures.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 6263228) in view of Moghari et al. (US 9271661).
Zhang et al. teach the instant invention except the following claim limitations.
Regarding claim 11, Zhang et al. does not teach wherein during the acquisition of the raw data set, measuring, via measurement data, a breathing state of a free-breathing patient, and wherein the measurement data used to compensate for breathing motion effects in the raw data set.
Moghari et al. teach wherein during the acquisition of the raw data set, measuring, via measurement data, a breathing state of a free-breathing patient, and wherein the measurement data used to compensate for breathing motion effects in the raw data set. (Note column 2, lines 21-28, As an example, a coronary MRI acquisition is typically performed during free-breathing with a respiratory motion compensation algorithm. A diaphragmatic navigator is used to measure the right hemi diaphragm (“RHD”) motion during the acquisition and to gate and correct for the respiratory motion of the heart. More specifically, before the acquisition of each k-space segment, the location of the RHD is monitored by the diaphragmatic navigator.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of wherein during the acquisition of the raw data set, measuring, via measurement data, a breathing state of a free-breathing patient, and wherein the measurement data used to compensate for breathing motion effects in the raw data set to increase the accuracy of the image.
Regarding claim 12, Zhang et al. does not teach wherein the measuring the breathing state comprises using, via the magnetic resonance imaging device, a diaphragmatic navigator sequence.
Moghari et al. teach wherein the measuring the breathing state comprises using, via the magnetic resonance imaging device, a diaphragmatic navigator sequence. (Note column 2, lines 21-28, As an example, a coronary MRI acquisition is typically performed during free-breathing with a respiratory motion compensation algorithm. A diaphragmatic navigator is used to measure the right hemi diaphragm (“RHD”) motion during the acquisition and to gate and correct for the respiratory motion of the heart. More specifically, before the acquisition of each k-space segment, the location of the RHD is monitored by the diaphragmatic navigator.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of the measuring the breathing state comprises using, via the magnetic resonance imaging device, a diaphragmatic navigator sequence to increase the accuracy of the image.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 6263228) in view of Niederloehner (US 20160274156).
Zhang et al. teach the instant invention except the following claim limitations.
Regarding claim 2, Zhang et al. does not teach wherein the determining the magnetic resonance image data set comprises determining, for each voxel, a maximum of the intermediate data value and a predetermined threshold.
Niederloehner teach wherein the determining the magnetic resonance image data set comprises determining, for each voxel, a maximum of the intermediate data value and a predetermined threshold. ([0064] FIG. 2 shows a total frequency spectrum s(f) having three maxima. Different substances, such as for example water, fat and silicone can for example be assigned to the individual maxima of the spectrum s(f). FIG. 2 furthermore shows a filtered frequency spectrum s.sub.f(f) which has been generated by a filtering of the original total frequency spectrum s(f). A typical threshold value of the filter used to generate the filtered frequency spectrum s.sub.f(f) is for example 1 ppm.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of wherein the determining the magnetic resonance image data set comprises determining, for each voxel, a maximum of the intermediate data value and a predetermined threshold to help provide optimization for the system. (Note abstract)
Regarding claim 3, Zhang et al. does not teach the predetermined threshold is zero.
Niederloehner teach a predetermined threshold (par. 0069) however Niederloehner is silent on the predetermined threshold is zero.
It would have been obvious to one of ordinary skill in the art before the effective filing date to change the threshold of Niederloehner to zero since it has been held where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)). One would be motivated to make such a modification in order to test for values of operation and identification of various conditions under which the system becomes optimized.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 6263228) in view of Edelman et al. (US 20090143666).
Zhang et al. teach the instant invention except the following claim limitations.
Regarding claim 8, Zhang et al. does not teach repeating the method to sequentially acquire first and second magnetic resonance image data sets; and determining at least one result data set based upon a subtraction of the first and the second magnetic resonance image data sets.
Edelman et al. teach repeating the method to sequentially acquire first and second magnetic resonance image data sets; and determining at least one result data set based upon a subtraction of the first and the second magnetic resonance image data sets. ([0057] If an interleaved process was selected and acquisition of image data set A is not yet complete at decision block 332, each time the preceding steps are performed, an imaging pulse sequence for image data set B is applied at process block 330 and is followed by the pulse sequence for image data set A. However, if a sequential process was selected, image data set A will be complete at decision block 332 and image data set B will be incomplete at decision block 334. Accordingly, imaging pulse sequence B will be repeatedly applied at process block 330 until all of image data set B is acquired. Once image data sets A and B are complete, corresponding views in image data sets A and B are subtracted from each other using complex subtraction, as indicated at process block 335. However, in certain circumstances a magnitude subtraction may be preferred.)
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang et al. to include the teaching of repeating the method to sequentially acquire first and second magnetic resonance image data sets; and determining at least one result data set based upon a subtraction of the first and the second magnetic resonance image data sets to eliminate signals from static background spins, such as fat, while maintaining the signal intensity of intravascular spins. (Note par. 0047)
Conclusion
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/DEMETRIUS R PRETLOW/ Examiner, Art Unit 2858
/LEE E RODAK/ Supervisory Patent Examiner, Art Unit 2858