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 .
DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 27-46 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 9, 13 and 14 of U.S. Patent No. 12,156,723. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variant.
application
Patent 12,156,723.
27. (New) A method of analyzing imaging data associated with a region of interest of a subject, the method comprising:
obtaining, from the imaging data or from associated images,
a spatial basis tensor containing one or more basis images,
a plurality of temporal basis tensors each containing one or more basis functions for a respective one of a plurality of temporal dimensions, and
a core tensor that relates the spatial basis tensor to each of the one or more temporal basis tensors; and
generating a plurality of images by multiplying
the core tensor,
at least a portion of the spatial basis tensor, and
only a portion of the plurality of temporal basis tensors,
wherein the portion of the plurality of temporal basis tensors includes at least a first temporal basis tensor containing the one or more basis functions for a first temporal dimension of the plurality of temporal dimensions and excludes at least a second temporal basis tensor containing the one or more basis functions for a second temporal dimension of the plurality of temporal dimensions such that the plurality of images show the region of interest while at least the first temporal dimension varies over time and at least the second temporal dimension is held constant.
32. (New) The method of claim 27, wherein generating the plurality of images includes: multiplying the core tensor and at least a portion of the plurality of temporal basis tensors to produce a modified temporal basis tensor; and multiplying at least the portion of the spatial basis tensor and at least a portion of the modified temporal basis tensor to produce the plurality of images, wherein: (i) the modified temporal basis tensor includes at least the first temporal basis tensor and the second temporal basis tensor, and only the portion of the modified temporal basis tensor that includes the first temporal basis tensor and excludes the second temporal basis tensor is multiplied to generate the plurality of images, or (ii) the modified temporal basis tensor includes at least the first temporal basis tensor and excludes at least the second temporal basis tensor, and only the portion of the modified temporal basis tensor that includes the first temporal basis tensor is multiplied to generate the plurality of images, or (iii) the modified temporal basis tensor includes at least the first temporal basis tensor and excludes at least the second temporal basis tensor, and all of the modified temporal basis tensor is multiplied to generate the plurality of images.
28. (New) The method of claim 27, wherein the spatial basis tensor, the plurality of temporal basis tensors, and the core tensor are obtained in any order.
29. (New) The method of claim 27, wherein the plurality of temporal basis tensors further includes at least a third temporal basis tensor containing the one or more basis functions for a third temporal dimension of the plurality of temporal dimensions (can be one of example of claim 2 of Patent 12,156,723)
30. (New) The method of claim 29, wherein the portion of the plurality of temporal dimensions that is multiplied to generate the plurality of images further includes the third temporal dimension such that the plurality of images show the region of interest while (i) the first temporal dimension and the third temporal dimension each vary over time and (ii) the second temporal dimension is held constant.
31. (New) The method of claim 29, wherein the portion of the plurality of temporal dimensions that is multiplied to generate the plurality of images further excludes the third temporal dimension such that the plurality of images show the region of interest while (i) the first temporal dimension varies over time and (ii) the second temporal dimension and the third temporal dimension are each held constant.
33. (New) The method of claim 27, wherein generating the plurality of images includes multiplying the core tensor, the portion of the plurality of temporal basis tensors, and either: (i) all of the spatial basis tensor such that the plurality of images show all of the region of interest, or (ii) only a portion of the spatial basis tensor such that the plurality of images show only a portion of the region of interest.
34. (New) The method of claim 27, wherein the portion of the spatial basis tensor that is multiplied includes at least one of the one or more basis images, and wherein the method further comprises, prior to generating the plurality of images, pre-processing the spatial basis tensor to modify a spatial orientation of the at least one of the one or more basis images such that the plurality of images is reformatted along a desired plane.
35. (New) The method of claim 27, further comprising pre-processing at least the first temporal basis tensor to modify a temporal characteristic of the one or more basis functions of at least the first temporal basis tensor.
36. (New) The method of claim 27, wherein the plurality of temporal dimensions includes a phase of the subject’s heart within a cardiac cycle, a position of the subject’s lungs within a respiratory cycle, a position of a dome of a liver during respiration, an inversion time, a time since magnetization preparation, a T2 prep duration, a duration of a magnetization preparation pulse, a diffusion weighting strength, a diffusion weighting direction, an echo time, a dynamic contrast enhancement phase, a flip angle, an elapsed time since the start of scanning, a phase offset of elastographic excitation waves, a frequency offset of saturation preparation pulses, a duration of saturation preparation pulses, a duration of magnetization transfer preparation pulses, a spectral position, a flow encoding strength, a flow encoding direction, or any combination thereof.
37. see claim 27
38. see claim 28
39. see claim 29
40. see claim 30
41. see claim 31
42. see claim 27
43. see claim 28
44. see claim 29
45. see claim 30
46. see claim 31
1. A method of analyzing image data associated with a region of interest of a subject, the method comprising:
performing one or more imaging scans on the region of interest of the subject to obtain the imaging data;
determining, based on the imaging data, a spatial basis tensor containing one or more basis images; determining, based on the imaging data, one or more temporal basis tensors, each temporal basis tensor containing one or more basis functions for a respective one of a plurality of temporal dimensions;
determining, based on the imaging data, a core tensor that relates the spatial basis tensor to each of the one or more temporal basis tensors;
multiplying the core tensor and the one or more temporal basis tensors to produce a modified temporal basis tensor; and
generating a plurality of images by multiplying
at least a portion of the spatial basis tensor and
only a portion of the modified temporal basis tensor,
wherein the portion of the modified temporal basis tensor includes the one or more basis functions for a first temporal dimension of the plurality of temporal dimensions and does not include the one or more basis functions for a second temporal dimension of the plurality of temporal dimensions, such that the plurality of images show the region of interest while the first temporal dimension varies over time and the second temporal dimension is held constant.
2. The method of claim 1, wherein the plurality of temporal dimensions includes at least one of a phase of the subject's heart within a cardiac cycle, a position of the subject's lungs within a respiratory cycle, a position of a dome of a liver during respiration, an inversion time, a time since magnetization preparation, a T.sub.2 prep duration, a duration of a magnetization preparation pulse, a diffusion weighting strength, a diffusion weighting direction, an echo time, a dynamic contrast enhancement phase, a flip angle, an elapsed time since the start of scanning, a phase offset of elastographic excitation waves, a frequency offset of saturation preparation pulses, a duration of saturation preparation pulses, a duration of magnetization transfer preparation pulses; a spectral position, a flow encoding strength, or a flow encoding direction.
3. The method of claim 1, wherein the generating of the plurality of images includes multiplying all of the spatial basis tensor by the portion of the modified temporal basis tensor such that the plurality of images show all of the region of interest.
4. The method of claim 1, wherein the generating of the plurality of images includes multiplying only a portion of the spatial basis tensor by the portion of the modified temporal basis tensor such that the plurality of images show only a portion of the region of interest.
5. The method of claim 1, further comprising pre-processing at least one of the spatial basis tensor and the one or more temporal basis tensors.
6. The method of claim 5, wherein the pre-processing of at least one of the spatial basis tensor and the one or more temporal basis tensors includes performing multiplanar reconstruction.
9. The method of claim 5, wherein the one or more basis functions of at least one of the one or more temporal basis tensors are pre-processed to modify a temporal characteristic of the one or more basis functions of the one or more temporal basis tensors.
2. The method of claim 1, wherein the plurality of temporal dimensions includes at least one of a phase of the subject's heart within a cardiac cycle, a position of the subject's lungs within a respiratory cycle, a position of a dome of a liver during respiration, an inversion time, a time since magnetization preparation, a T.sub.2 prep duration, a duration of a magnetization preparation pulse, a diffusion weighting strength, a diffusion weighting direction, an echo time, a dynamic contrast enhancement phase, a flip angle, an elapsed time since the start of scanning, a phase offset of elastographic excitation waves, a frequency offset of saturation preparation pulses, a duration of saturation preparation pulses, a duration of magnetization transfer preparation pulses; a spectral position, a flow encoding strength, or a flow encoding direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randolph Chu whose telephone number is 571-270-1145. The examiner can normally be reached on Monday to Thursday from 7:30 am - 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Bella can be reached on (571) 272-7778.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/RANDOLPH I CHU/
Primary Examiner, Art Unit 2667
Prosecution Insights