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 Objections
Claims 6-7 and 9 are objected to because of the following informalities:
In claims 6-7, the “characteristic images” should read – the characteristic images–.
In claim 7, line 3, the “signals” should read –the signals–.
In claim 9, line 4, the “a medical acquisition sequence” should read –the medical signal acquisition sequence–.
Appropriate correction is required.
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 pre-AIA the applicant regards as the invention.
Claim 1 recites the "at least one characteristic parameter” in line 3 from the end. It is unclear whether or not this recitation refers to the "at least one characteristic parameter” in line 2. For examination purposes, Examiner of record takes this to be “the at least one characteristic parameter”.
Claim 4 recites "the characteristic set” in line 2. It is unclear whether or not this recitation refers to the "optimal characteristic set” in Claim 1, line 1. For examination purposes, Examiner of record takes this to be “the optimal characteristic set”.
Claim 9 recites "the optimal set of at least one characteristic parameter” in lines 2-3. It is unclear whether or not this recitation refers to the "optimal characteristic set” in Claim 1, line 1 and to the "at least one characteristic parameter” in Claim 1, line 2. For examination purposes, Examiner of record takes this to be “the optimal characteristic set of the at least one characteristic parameter”.
Claims 11 and 13 recite "the steps of the method according to claim 1” in lines 3 and 4, respectively. This recitation is unclear because only one step, the “selecting”, is recited in the method according to claim 1. For examination purposes, Examiner of record takes this to be “the method according to claim 1”.
Claims dependent upon the rejected claims above, but not directly addressed, are also rejected because they inherit the indefiniteness of the claim(s) they respectively depend upon.
Allowable Subject Matter
Claims 1-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXEI BYKHOVSKI whose telephone number is (571)270-1556. The examiner can normally be reached on Monday-Friday: 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui Pho can be reached on 571-272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798
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