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 .
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.
Specification
The amendment filed 10/24/2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Claim 21 recites “connecting the MRI system to a non-mains power source; and operating the MRI system to perform MR imaging of the subject using power from the non-mains power source” The specification specifically states “the low-field MRI system is connected to a power source. For example, the low-field MRI system may be connected to a standard wall outlet, connected to an external power supply such as a generator, or connected to any other suitable type of power source for providing operating power to components of the low-field MRI system.”, in paragraph [0052], with no mention of it being “a non-mains power source”.
Claim 36 recites “connect to a non-mains power source; perform a system assessment to determine whether the non-mains power source provides sufficient power quality for operation of the MRI system to perform MR imaging; and perform MR imaging using power from the non-mains power source only if the system assessment indicates the power quality from the non-mains power source is sufficient.” The specification specifically states “the low-field MRI system is connected to a power source. For example, the low-field MRI system may be connected to a standard wall outlet, connected to an external power supply such as a generator, or connected to any other suitable type of power source for providing operating power to components of the low-field MRI system.”, in paragraph [0052], with no mention of it being “a non-mains power source”.
Applicant is required to cancel the new matter in the reply to this Office Action.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 21 recites “connecting the MRI system to a non-mains power source; and operating the MRI system to perform MR imaging of the subject using power from the non-mains power source” The specification specifically states “the low-field MRI system is connected to a power source. For example, the low-field MRI system may be connected to a standard wall outlet, connected to an external power supply such as a generator, or connected to any other suitable type of power source for providing operating power to components of the low-field MRI system.”, in paragraph [0052], with no mention of it being “a non-mains power source”.
Claim 36 recites “connect to a non-mains power source; perform a system assessment to determine whether the non-mains power source provides sufficient power quality for operation of the MRI system to perform MR imaging; and perform MR imaging using power from the non-mains power source only if the system assessment indicates the power quality from the non-mains power source is sufficient.” The specification specifically states “the low-field MRI system is connected to a power source. For example, the low-field MRI system may be connected to a standard wall outlet, connected to an external power supply such as a generator, or connected to any other suitable type of power source for providing operating power to components of the low-field MRI system.”, in paragraph [0052], with no mention of it being “a non-mains power source”.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 21-40 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 21 recites “connecting the MRI system to a non-mains power source; and operating the MRI system to perform MR imaging of the subject using power from the non-mains power source” The specification specifically states “the low-field MRI system is connected to a power source. For example, the low-field MRI system may be connected to a standard wall outlet, connected to an external power supply such as a generator, or connected to any other suitable type of power source for providing operating power to components of the low-field MRI system.”, in paragraph [0052], with no mention of it being “a non-mains power source”.
Claims 21-35 are rejected for depending on rejected base claim 21.
Claim 36 recites “connect to a non-mains power source; perform a system assessment to determine whether the non-mains power source provides sufficient power quality for operation of the MRI system to perform MR imaging; and perform MR imaging using power from the non-mains power source only if the system assessment indicates the power quality from the non-mains power source is sufficient.” The specification specifically states “the low-field MRI system is connected to a power source. For example, the low-field MRI system may be connected to a standard wall outlet, connected to an external power supply such as a generator, or connected to any other suitable type of power source for providing operating power to components of the low-field MRI system.”, in paragraph [0052], with no mention of it being “a non-mains power source”.
Claims 37-40 are rejected for depending on rejected base claim 36.
.
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 1-21 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 21 recites “connecting the MRI system to a non-mains power source; and operating the MRI system to perform MR imaging of the subject using power from the non-mains power source” The specification specifically states “the low-field MRI system is connected to a power source. For example, the low-field MRI system may be connected to a standard wall outlet, connected to an external power supply such as a generator, or connected to any other suitable type of power source for providing operating power to components of the low-field MRI system.”, in paragraph [0052], with no mention of it being “a non-mains power source”. There is insufficient support in the specification for this limitation in the claim, rendering it indefinite.
Claims 21-35 are rejected for depending on rejected base claim 21.
Claim 36 recites “connect to a non-mains power source; perform a system assessment to determine whether the non-mains power source provides sufficient power quality for operation of the MRI system to perform MR imaging; and perform MR imaging using power from the non-mains power source only if the system assessment indicates the power quality from the non-mains power source is sufficient.” The specification specifically states “the low-field MRI system is connected to a power source. For example, the low-field MRI system may be connected to a standard wall outlet, connected to an external power supply such as a generator, or connected to any other suitable type of power source for providing operating power to components of the low-field MRI system.”, in paragraph [0052], with no mention of it being “a non-mains power source”. There is insufficient support in the specification for this limitation in the claim, rendering it indefinite.
Claims 37-40 are rejected for depending on rejected base claim 36.
Claim Rejections - 35 USC § 103
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 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Penanen (US 2009/0072828 A1, cited in IDS, heretofore referred to as Penanen) in view of Wall (US 2016/0237706 A1, cited in IDS, heretofore referred to as Wall).
Regarding claim 21, Penanen teaches a method of operating a portable low-field magnetic resonance imaging (MRI) system (Penanen; Fig 1, Element 10 and Par 0026) comprising magnetic and power components for performing magnetic resonance (MR) imaging (Penanen; Par 0027-0029 and Par 0032; Penanen teaches MRI components for imaging such as magnets and power control units), the method comprising: transporting the MRI system to a location of a subject to be imaged (Penanen; Fig 1, Element 30, Par 0027, and Par 0039; Penanen teaches the MRI system is portable with wheels).
Penanen is silent on connecting the MRI system to a non-mains power source; and operating the MRI system to perform MR imaging of the subject using power from the non-mains power source.
Wall teaches connecting the MRI system to a non-mains power source (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be connected to a power room which contains non-mains power sources such as an uninterruptable power supply or a separate generator or both); and operating the MRI system to perform MR imaging of the subject using power from the non-mains power source (Wall; Par 0043 and Par 0045-0047; Wall teaches using the MRI with the power room power supply).
Before the effective filing date of the invention it would have been obvious to a person of ordinary skill in the art to use the method of Penanen with the power supply of Wall in order to provide the desired power output (Wall; Par 0047).
Regarding claim 22, the combination of Penanen and Wall teaches the method of claim 21. Wall further teaches wherein the non-mains power source is a backup generator (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be connected to a power room which contains non-mains power sources such as an uninterruptable power supply or a separate generator or both).
Regarding claim 23, the combination of Penanen and Wall teaches the method of claim 21. Wall further teaches wherein the MRI system performs MRI imaging only if the non-mains power source is determined to have sufficient power quality (Wall; Par 0047 and Par 0049; Wall teaches conditioning the power and powering the system only with power of a specific quality level).
Regarding claim 24, the combination of Penanen and Wall teaches the method of claim 21. Penanen further teaches wherein the MRI system comprises a transport mechanism configured to allow the MRI system to be carted to different locations (Penanen; Fig 1, Element 30, Par 0027, and Par 0039; Penanen teaches the MRI system is portable with wheels).
Regarding claim 25, the combination of Penanen and Wall teaches the method of claim 24. Penanen further teaches wherein transporting the MRI system to the location of subject comprises wheeling the MRI system to the location (Penanen; Fig 1, Element 30, Par 0027, and Par 0039; Penanen teaches the MRI system is portable with wheels).
Regarding claim 26, the combination of Penanen and Wall teaches the method of claim 24. Wall further teaches wherein the transport mechanism comprises motorized wheels to allow the MRI system to be wheeled to the location using the motorized wheels (Penanen; Fig 4, Element 230, Par 0027, and Par 0032-0033; Penanen teaches the MRI system has a power control unit for the wheels).
Regarding claim 27, the combination of Penanen and Wall teaches the method of claim 21. Wall further teaches wherein the non-mains power source is a second non- mains power source (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be connected to a power room which contains non-mains power sources such as generator which it is connected to), and wherein the method further comprises, prior to connecting the MRI system to the second non-mains power source: connecting the MRI system to a first non-mains power source (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be connected to an uninterruptable power supply and then a separate generator); and determining that the first non-mains power does not have sufficient power quality for operation of the MRI system (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be switch to the uninterruptable power supply if the generator fails).
Regarding claim 28, the combination of Penanen and Wall teaches the method of claim 27. Wall further teaches wherein determining that the first non-mains power source does not have sufficient power quality for operation of the MRI system comprises receiving a corresponding alert or notification from the MRI system (Wall; Par 0101; Wall teaches an alert may be provided based at least on power line voltage spikes).
Regarding claim 29, the combination of Penanen and Wall teaches the method of claim 21. Wall further teaches wherein the non-mains power source is a first power supply (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be connected to a power room which contains non-mains power sources such as generator which it is connected to), and wherein the method further comprises connecting the MRI system to a second power supply (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be connected to an uninterruptable power supply and then a separate generator) based on an assessment of the first power supply (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be switch to the uninterruptable power supply if the generator fails).
Regarding claim 30, the combination of Penanen and Wall teaches the method of claim 21. Wall further teaches further comprising determining whether the non-mains power source provides sufficient power quality for operation of the MRI system (Wall; Par 0047 and Par 0049; Wall teaches conditioning the power and powering the system only with power of a specific quality level).
Regarding claim 31, the combination of Penanen and Wall teaches the method of claim 30. Wall further teaches wherein determining whether the non-mains power source provides sufficient power quality comprises assessing current draw from the non-mains power source (Wall; Par 0047, 0049, and Par 0101; Wall teaches assessing the power from the room based on required power output, which includes current draw).
Regarding claim 32, the combination of Penanen and Wall teaches the method of claim 30. Wall further teaches determining whether the non-mains power source provides sufficient power quality comprises assessing a voltage level corresponding to the non- mains power source (Wall; Par 0047, 0049, and Par 0101; Wall teaches assessing the power from the room based on required voltage output).
Regarding claim 33, the combination of Penanen and Wall teaches the method of claim 30. Wall further teaches determining whether the non-mains power source provides sufficient power quality comprises assessing a noise level present in current supplied by the non-mains power source (Wall; Par 0047, 0049, and Par 0101; Wall teaches assessing the power from the room based on the quality of the output, i.e. noise).
Regarding claim 34, the combination of Penanen and Wall teaches the method of claim 30. Wall further teaches determining whether the non-mains power source provides sufficient power quality comprises assessing a wiring integrity corresponding to the non-mains power source (Wall; Par 0047 and Par 0049; Wall teaches providing reliability circuitry to check the system).
Regarding claim 35, the combination of Penanen and Wall teaches the method of claim 21. Penanen further teaches wherein the MRI system operates with a Bo field of less than or equal to 0.2T (Penanen; Par 0061; Penanen teaches the MRI system uses a field of about 0.1T).
Regarding claim 36, Penanen teaches a portable (Penanen; Fig 1, Element 30, Par 0027, and Par 0039; Penanen teaches the MRI system is portable with wheels) low-field magnetic resonance imaging (MRI) system (Penanen; Fig 1, Element 10 and Par 0026) comprising magnetic and power components for performing magnetic resonance (MR) imaging (Penanen; Par 0027-0029 and Par 0032; Penanen teaches MRI components for imaging such as magnets and power control units).
Penanen is silent on the MRI system configured to: connect to a non-mains power source; perform a system assessment to determine whether the non-mains power source provides sufficient power quality for operation of the MRI system to perform MR imaging; and perform MR imaging using power from the non-mains power source only if the system assessment indicates the power quality from the non-mains power source is sufficient.
Wall teaches the MRI system configured to: connect to a non-mains power source (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be connected to a power room which contains non-mains power sources such as an uninterruptable power supply or a separate generator or both); perform a system assessment to determine whether the non-mains power source provides sufficient power quality for operation of the MRI system to perform MR imaging (Wall; Par 0047 and Par 0049; Wall teaches conditioning the power and powering the system only with power of a specific quality level); and perform MR imaging using power from the non-mains power source only if the system assessment indicates the power quality from the non-mains power source is sufficient (Wall; Par 0043 and Par 0045-0047; Wall teaches using the MRI with the power room power supply).
Before the effective filing date of the invention it would have been obvious to a person of ordinary skill in the art to use the method of Penanen with the power supply of Wall in order to provide the desired power output (Wall; Par 0047).
Regarding claim 37, the combination of Penanen and Wall teaches the portable low-field MRI system of claim 36. Wall further teaches wherein the non-mains power source is a backup power generator (Wall; Par 0043 and Par 0045-0047; Wall teaches that an MRI may be connected to a power room which contains non-mains power sources such as an uninterruptable power supply or a separate generator or both).
Regarding claim 38, the combination of Penanen and Wall teaches the portable low-field MRI system of claim 36. Wall further teaches further configured to generate a perceivable alert or notification based on the system assessment (Wall; Par 0101; Wall teaches an alert may be provided based at least on power line voltage spikes).
Regarding claim 39, the combination of Penanen and Wall teaches the portable low-field MRI system of claim 36. Wall further teaches wherein the system assessment evaluates one or more of a voltage level, a current draw, a noise level present in current supplied by the non-mains power source, and/or wiring integrity of the non-mains power source (Wall; Par 0101; Wall teaches an alert may be provided based at least on power line voltage spikes).
Regarding claim 40, the combination of Penanen and Wall teaches the portable low-field MRI system of claim 36. Wall further teaches configured to operate with a Bo field of less than or equal to 0.2T (Penanen; Par 0061; Penanen teaches the MRI system uses a field of about 0.1T).
Conclusion
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