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. as set forth below.
The following analysis is performed as set forth in the 2024 Revised Patent Subject Matter Eligibility Guidance (hereinafter 2024 PEG), as set forth in MPEP § 2106. (Note: the claim limitations below considered to fall within an abstract idea are highlighted in bold font; the remaining features are "additional elements.")
Step 1
Step 1 of the 2024 PEG asks whether a claim is directed to a process, machine, manufacture, or composition of matter.
Claims 1-10 are directed to a method, and therefore fall within a statutory category.
Claims 11-12 are directed to a machine, and therefore fall within a statutory category.
Claim 1 recites:
"A method for acquiring measurement data of an object under examination positioned in a magnetic resonance system using magnetic resonance with magnetization preparation, comprising:
performing a magnetization preparation block;
applying two preparation RF pulses;
performing, after the magnetization preparation block, an acquisition block comprising a further RF pulse;
acquiring, the acquisition block, two echo signals as respective measurement data, wherein at least one of the two echo signals is generated by the two preparation RF pulses and the further RF pulse;
storing and/or further processing the acquired measurement data; and
generating a magnetic resonance image based upon the acquired measurement data."
Claim 11 recites:
" A magnetic resonance system, comprising: a main magnet; and a controller comprising a radiofrequency (RF) transmit/receive controller a preparation control unit, wherein the controller is configured to acquire measurement data of an object under examination positioned in the magnetic resonance system using magnetic resonance with magnetization preparation by: performing a magnetization preparation block; applying two preparation RF pulses; performing, after the magnetization preparation block, an acquisition block comprising a further RF pulse; acquiring, the acquisition block, two echo signals as respective measurement data, wherein at least one of the two echo signals is generated by the two preparation RF pulses and the further RF pulse; storing and/or further processing the acquired measurement data; and generating a magnetic resonance image based upon the acquired measurement data."
Claim 12 recites:
" A computer-readable storage medium comprising instructions that, when executed by a controller of a magnetic resonance system, cause the magnetic resonance system to acquire measurement data of an object under examination positioned in a magnetic resonance system using magnetic resonance with magnetization preparation by: performing a magnetization preparation block; applying two preparation RF pulses; performing, after the magnetization preparation block, an acquisition block comprising a further RF pulse; acquiring, the acquisition block, two echo signals as respective measurement data, wherein at least one of the two echo signals is generated by the two preparation RF pulses and the further RF pulse; storing and/or further processing the acquired measurement data; and generating a magnetic resonance image based upon the acquired measurement data."
The highlighted portion of claim 1 comprises subject matter that falls within the abstract idea judicial exception. Specifically, "… performing a magnetization preparation block; … storing and/or further processing the acquired measurement data; and
generating a magnetic resonance image based upon the acquired measurement data" is a series of abstract process steps that, under a broadest reasonable interpretation, covers mathematical concepts/mental processes performed in the human mind and/or with pen and paper.
Nothing in the claim, other than the generically recited computer elements, precludes the identified abstract process steps from practically being performed in the mind and/or with pen and paper.
The highlighted portion of claim 11 comprises subject matter that falls within the abstract idea judicial exception. Specifically, "… performing a magnetization preparation block; … storing and/or further processing the acquired measurement data; and
generating a magnetic resonance image based upon the acquired measurement data" is a series of abstract process steps that, under a broadest reasonable interpretation, covers mathematical concepts/mental processes performed in the human mind and/or with pen and paper.
Nothing in the claim, other than the generically recited computer elements, precludes the identified abstract process steps from practically being performed in the mind and/or with pen and paper.
The highlighted portion of claim 12 comprises subject matter that falls within the abstract idea judicial exception. Specifically, "… performing a magnetization preparation block; … storing and/or further processing the acquired measurement data; and
generating a magnetic resonance image based upon the acquired measurement data" is a series of abstract process steps that, under a broadest reasonable interpretation, covers mathematical concepts/mental processes performed in the human mind and/or with pen and paper.
Nothing in the claim, other than the generically recited computer elements, precludes the identified abstract process steps from practically being performed in the mind and/or with pen and paper.
Step 2A, Prong Two
Step 2A, Prong Two of the 2024 PEG asks whether a claim recites additional elements that integrate the judicial exception into a practical application. In view of the various considerations encompassed by the Step 2A, Prong Two analysis, claims 1-12 do not include additional elements that integrate the recited abstract idea into a practical application. Based on the individual and collective limitations of claims 1-12 applying a broadest reasonable interpretation, the most significant of such considerations appear to include: improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)); applying the judicial exception with, or by use of, a particular machine (MPEP 2106.05(b)); adding a specific limitation other than what is well-understood, routine, conventional activity in the field (MPEP § 2106.05(d)); and applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e)).
Regarding improvements to the functioning of a computer or other technology or technical field, claims 1-12 do not include any such improvements.
Regarding applying the judicial exception with, or by use of, a particular machine, claims 1-12 do not apply the judicial exception with, or by use of, a particular machine. Claims 1-12 recite generic computer elements, but this is not sufficient to say that the judicial exception is applied with, or by use of, a particular machine.
Regarding adding a specific limitation other than what is well-understood, routine, conventional activity in the field, claims 1-12 do not appear to contain such a limitation.
Regarding applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment (MPEP 2106.05(e)), claims 1-12 do not apply or use the judicial exception in some other meaningful way.
claims 1-12 thus require further analysis under Step 2B.
Step 2B
Step 2B of the 2024 PEG asks whether the claim recites additional elements that amount to significantly more than the judicial exception.
With regards to claims 1 and 11-12: the additional elements of applying two preparation RF pulses; and performing, after the magnetization preparation block, an acquisition block comprising a further RF pulse; acquiring, the acquisition block, two echo signals as respective measurement data, wherein at least one of the two echo signals is generated by the two preparation RF pulses and the further RF pulse; merely relates to insignificant extra-solution activity (determining when data gathering is to be performed).
Claims 1-12 therefore constitutes ineligible subject matter.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kohler (US 2022/0099771 A1, cited in IDS, heretofore referred to as Kohler).
Regarding claim 1, Kohler teaches a method for acquiring measurement data of an object under examination positioned in a magnetic resonance system (Kohler; Fig 1, Element 10 and Par 0069; Kohler teaches using an MRI system to acquire data) using magnetic resonance with magnetization preparation (Kohler; Par 0077), comprising:
performing a magnetization preparation block (Kohler; Fig 7, Element PS and Par 0077; Kohler teaches using a preparation section to prepare the magnetic field);
applying two preparation RF pulses (Kohler; Fig 7, Elements PHF1, PHF2 and Par 0077; Kohler teaches at least two RF pulses are applied);
performing, after the magnetization preparation block, an acquisition block comprising a further RF pulse (Kohler; Fig 7, Elements AS, AF1 and Par 0078; Kohler teaches an acquisition section to acquire data and also to send out at least one additional RF pulse AF1);
acquiring, the acquisition block, two echo signals as respective measurement data (Kohler; Fig 7, Elements FID1, STE1 and Par 0078), wherein at least one of the two echo signals is generated by the two preparation RF pulses and the further RF pulse (Kohler; Fig 7, Element STE1 and Par 0078-0079; Kohler teaches at least the stimulated echo signal is generated by the signal AF1);
storing and/or further processing the acquired measurement data (Kohler; Par 0057-0059; Kohler teaches the system stores the measurement data on a computer); and
generating a magnetic resonance image based upon the acquired measurement data (Kohler; Par 0085; Kohler teaches an image is reconstructed from the data).
Regarding claim 2, Kohler teaches the method as claimed in claim 1, wherein one of the two echo signals acquired as measurement data comprises an echo signal of a free induction decay generated by the further RF pulse (Kohler; Par 0078; Kohler teaches a FID1 signal that is a free induction decay signal).
Regarding claim 3, Kohler teaches the method as claimed in claim 1, wherein one of the two echo signals acquired as measurement data comprises an echo signal stimulated by the two preparation RF pulses and the further RF pulse (Kohler; Par 0078; Kohler teaches a STE1 signal is a stimulated echo signal from the preparation pulses and the further AF1 pulse).
Regarding claim 4, Kohler teaches the method as claimed in claim 1, further comprising: determining, from the measurement data of the two acquired echo signals, a field map comprising one or more of (i) a B0 field map, (ii) a B1 field map, or (iii) a field map of a phase of a transmit-receive chain of the acquired measurement data (Kohler; Par 0084-0085; Kohler teaches B0 and B1 field maps may be used).
Regarding claim 5, Kohler teaches the method as claimed in claim 4, further comprising: performing, using the field map, contrast correction of image data reconstructed from the acquired measurement data (Kohler; Par 0084; Kohler teaches the map may be used to adjust magnitude ratios, i.e. adjust contrast of the image).
Regarding claim 6, Kohler teaches the method as claimed in claim 5, wherein performing the contrast correction comprises performing the contrast correction on the image data reconstructed from the measurement data from which the field map was also determined (Kohler; Par 0084; Kohler teaches the map may be used to adjust magnitude ratios on the acquired data, which is used for the map).
Regarding claim 7, Kohler teaches the method as claimed in claim 1, further comprising: determining (i) combined measurement from the measurement data of the two acquired echo signals, or (ii) combined image data from the image data reconstructed from the measurement data of the two acquired echo signals (Kohler; Par 0030; Kohler teaches using combined measurement data for a better signal-to-noise ratio).
Regarding claim 8, Kohler teaches the method as claimed in claim 1, further comprising: repeating the performing the magnetization preparation block, applying the two preparation RF pulses, performing the acquisition block, acquiring the two echo signals, and storing and/or further processing the acquired measurement data at least once to generate different respective magnetization preparation blocks (Kohler; Par 0081; Kohler teaches repeating the preparation and acquisition sections as many times as desired).
Regarding claim 9, Kohler teaches the method as claimed in claim 1, wherein the magnetization preparation block comprises a Chemical Exchange Saturation Transfer (CEST) preparation block (Kohler; Par 0042-0043; Kohler teaches saturating the protons with the preparation section, i.e. a chemical exchange saturation transfer).
Regarding claim 10, Kohler teaches the method as claimed in claim 9, further comprising: determining a CEST spectrum based upon the measurement data acquired with magnetization preparation blocks having different off-resonance saturation (Kohler; Par 0042-0043; Kohler teaches determining the phases due to off-resonance saturation, i.e. building a phase spectrum).
Regarding claim 11, Kohler teaches a magnetic resonance system (Kohler; Fig 1, Element 10 and Par 0069; Kohler teaches using an MRI system to acquire data), comprising: a main magnet (Kohler; Fig 1, Element 11 and Par 0069); and a controller (Kohler; Fig 1, Element 22 and Par 0071) comprising a radiofrequency (RF) transmit/receive controller a preparation control unit (Kohler; Fig 1, Element 20 and Par 0070), wherein the controller is configured to acquire measurement data of an object under examination positioned in the magnetic resonance system (Kohler; Par 0069; Kohler teaches using an MRI system to acquire data) using magnetic resonance with magnetization preparation by: performing a magnetization preparation block (Kohler; Fig 7, Element PS and Par 0077; Kohler teaches using a preparation section to prepare the magnetic field); applying two preparation RF pulses (Kohler; Fig 7, Elements PHF1, PHF2 and Par 0077; Kohler teaches at least two RF pulses are applied); performing, after the magnetization preparation block, an acquisition block comprising a further RF pulse (Kohler; Fig 7, Elements AS, AF1 and Par 0078; Kohler teaches an acquisition section to acquire data and also to send out at least one additional RF pulse AF1); acquiring, the acquisition block, two echo signals as respective measurement data (Kohler; Fig 7, Elements FID1, STE1 and Par 0078), wherein at least one of the two echo signals is generated by the two preparation RF pulses and the further RF pulse (Kohler; Fig 7, Element STE1 and Par 0078-0079; Kohler teaches at least the stimulated echo signal is generated by the signal AF1); storing and/or further processing the acquired measurement data (Kohler; Par 0057-0059; Kohler teaches the system stores the measurement data on a computer); and generating a magnetic resonance image based upon the acquired measurement data (Kohler; Par 0085; Kohler teaches an image is reconstructed from the data).
Regarding claim 12, Kohler teaches a computer-readable storage medium comprising instructions that, when executed by a controller of a magnetic resonance system (Kohler; Par 0057-0059; Kohler teaches the system stores the measurement data on a computer), cause the magnetic resonance system to acquire measurement data of an object under examination positioned in a magnetic resonance system (Kohler; Fig 1, Element 10 and Par 0069; Kohler teaches using an MRI system to acquire data) using magnetic resonance with magnetization preparation (Kohler; Par 0077) by: performing a magnetization preparation block (Kohler; Fig 7, Element PS and Par 0077; Kohler teaches using a preparation section to prepare the magnetic field); applying two preparation RF pulses (Kohler; Fig 7, Elements PHF1, PHF2 and Par 0077; Kohler teaches at least two RF pulses are applied); performing, after the magnetization preparation block, an acquisition block comprising a further RF pulse (Kohler; Fig 7, Elements AS, AF1 and Par 0078; Kohler teaches an acquisition section to acquire data and also to send out at least one additional RF pulse AF1); acquiring, the acquisition block, two echo signals as respective measurement data (Kohler; Fig 7, Elements FID1, STE1 and Par 0078), wherein at least one of the two echo signals is generated by the two preparation RF pulses and the further RF pulse (Kohler; Fig 7, Element STE1 and Par 0078-0079; Kohler teaches at least the stimulated echo signal is generated by the signal AF1); storing and/or further processing the acquired measurement data (Kohler; Par 0057-0059; Kohler teaches the system stores the measurement data on a computer); and generating a magnetic resonance image based upon the acquired measurement data (Kohler; Par 0085; Kohler teaches an image is reconstructed from the data).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Sommer et al teaches a twin pulse MRI method.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM S CLARKE whose telephone number is (571)270-3792. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached at (571)272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM S CLARKE/Examiner, Art Unit 2858
/JUDY NGUYEN/Supervisory Patent Examiner, Art Unit 2858
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