CTNF 18/951,117 CTNF 89815 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/29/2024 and 11/18/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. Priority 02-27 AIA Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2024-012056 filed on 01/30/2024 . 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an RF transmitting unit”, an RF receiving unit, and a gradient magnetic field generation unit” in claim “a gradient magnetic field generation unit” (Figures 1 item 102 & 105 discloses gradient magnetic field coil 102 and a gradient magnetic field power supply 105) [0017] Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 07-30-02 AIA 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. 07-34-01 Claims 1 -7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. 07-34-23 Claim limitation “an RF transmitting unit“ and “an RF receiving unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claims 2-7 are rejected since depends on claim 1. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1-2 and 6-8 are rejected under 35 U.S.C. 102( a)(1 ) as being unpatentable by Gotou et al. (US 20200170537 A1) (“ Gotou ”) . PNG media_image1.png 1198 1800 media_image1.png Greyscale Regarding claim 1, Gotou teaches a magnetic resonance imaging apparatus comprising: an RF transmitting unit (Figures 1-2 item 110 discloses a signal from an RF transmitter 110 in Paragraph [0025]) that applies a high-frequency magnetic field pulse to an examination target placed in a static magnetic field space; an RF receiving unit (Figures 1-2 item 106 discloses detected by a signal detector 106 in Paragraph [0025]) that receives a nuclear magnetic resonance signal emitted by the examination target (Figures 1-2 item 101 discloses an MR signal to be emitted by the subject 101in Paragraph [0025]) ; a gradient magnetic field generation unit that generates a gradient magnetic field pulse for applying a magnetic field gradient to a static magnetic field (Figures 1-2 item 102 & 103 discloses magnet 102 and gradient magnetic field coil 103in Paragraph [0025]) ; and one or more processors (Figures 1-2 item 200, 300 & 320 discloses a the control section 200 and the signal processor 300, and displays a result of the processing in Paragraph [0024]) that generate an image of the examination target using measurement data consisting of the nuclear magnetic resonance signal and process body motion information of the examination target (Figures 1-2 item 200& 300 discloses a the measurement section 100 so as to perform a navigation measurement, and acquires a navigator echo (S101). The navigation measurement is performed during a period of at least one cycle or more of the respiratory motion of the subject 101 in Paragraph [0037]) , PNG media_image2.png 700 876 media_image2.png Greyscale wherein the one or more processors (Figures 1-2 item 200, 300 & 320) detect a first period (Figures 1-4 & 8 item 404 discloses FIG. 4, from the relation between the respiratory displacement and the time acquired in advance, a time (period of 404) in Paragraph [0062]) during which a body motion occurs in the examination target, then specify a second period (Figures 1-4 & 8 item 404 & 405 discloses when the stable cycle 405 is started next time can be estimated. Moreover, a time (length of the stable period) in Paragraph [0062]) that includes the first period and that is longer than the first period, and remove or correct data (Figures 1-2 item 200 & 320 discloses image processor 320 that performs correction processing, image-to-image computation, and the like relative to the MR signal and the created image, and other sections in Paragraph [0026]) collected in the second period (Figures 1-4 & 8 item 404 & 405) in the measurement data to generate the image of the examination target (Figures 1-2 item 101 discloses a measurement (main measurement) for acquiring an image of the subject 101 in Paragraph [0026]) . Regarding claim 2, Gotou teaches the magnetic resonance imaging apparatus according to claim 1, wherein the body motion (Figures 1-4 & 8 item 404 discloses FIG. 4, from the relation between the respiratory displacement) information includes navigator data consisting of a plurality of navigator echoes acquired together with the measurement data (Figures 1-4 & 8 item 404 discloses FIG. 4, from the relation between the respiratory displacement and the time acquired in advance, a time (period of 404) in Paragraph [0062]) , and the one or more processors detect the first period from the navigator data (Figures 1-2 item 200 & 320 discloses image processor 320 that performs correction processing, image-to-image computation, and the like relative to the MR signal and the created image, and other sections in Paragraph [0026]) . Regarding claim 3, Gotou teaches the magnetic resonance imaging apparatus according to claim 2, wherein the one or more processors (Figures 1-2 item 200, 300 & 320) detect the body motion occurring in the examination target (Figures 1-2 item 101 discloses a measurement (main measurement) for acquiring an image of the subject 101 in Paragraph [0026]) from a change in intensity of the navigator echo (Figures 1-2 item 200& 300 discloses the measurement section 100 so as to perform a navigation measurement, and acquires a navigator echo (S101). The navigation measurement is performed during a period of at least one cycle or more of the respiratory motion of the subject 101 in Paragraph [0037]) . Regarding claim 6, Gotou teaches the magnetic resonance imaging apparatus according to claim 1, wherein the one or more processors set a predetermined time in advance for at least one of a time before the first period or a time after the first period, and set the second period by adding the set time (Figures 1-2 item 200& 300 discloses control section 200 controls the main measurement predetermined unit which would measure a predetermined time in Paragraph [0009 & 0028]) . Regarding claim 7, Gotou teaches the magnetic resonance imaging apparatus according to claim 2, wherein the one or more processors (Figures 1-2 item 200 & 320 discloses image processor 320 that performs correction processing, image-to-image computation, and the like relative to the MR signal and the created image, and other sections in Paragraph [0026]) analyze a change in signal intensity of the navigator echo to specify the second period (Figures 1-4 & 8 item 404 & 405 discloses when the stable cycle 405 is started next time can be estimated. Moreover, a time (length of the stable period) in Paragraph [0062]). Regarding claim 8, Gotou teaches an image reconstruction method of magnetic resonance imaging, comprising: defining, based on a result of detecting a body motion of an examination target (Figures 1-2 item 101 discloses a measurement (main measurement) for acquiring an image of the subject 101 in Paragraph [0026]) disposed in a static magnetic field space, a period during which the body motion occurs as a first period (Figures 1-4 & 8 item 404 discloses FIG. 4, from the relation between the respiratory displacement and the time acquired in advance, a time (period of 404) in Paragraph [0062]) , and specifying a second period (Figures 1-4 & 8 item 404 & 405 discloses when the stable cycle 405 is started next time can be estimated. Moreover, a time (length of the stable period) in Paragraph [0062]) that includes the first period (Figures 1-4 & 8 item 404 discloses FIG. 4, from the relation between the respiratory displacement and the time acquired in advance, a time (period of 404) in Paragraph [0062]) and that is longer than the first period; and removing or correcting data (Figures 1-2 item 200 & 320 discloses image processor 320 that performs correction processing, image-to-image computation, and the like relative to the MR signal and the created image, and other sections in Paragraph [0026]) collected in the second period (Figures 1-4 & 8 item 404 & 405 discloses when the stable cycle 405 is started next time can be estimated. Moreover, a time (length of the stable period) in Paragraph [0062]) in measurement data of the examination target collected by the magnetic resonance imaging, and generating an image of the examination target (Figures 1-2 item 101 discloses a measurement (main measurement) for acquiring an image of the subject 101 in Paragraph [0026]) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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 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. 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Gotou et al. (US 20200170537 A1) In view of UEDA et al. (US 20170168124 A1) . Regarding to claim 4 , Gotou, discloses the magnetic resonance imaging apparatus according to claim 2, Gotou does not explicitly teach wherein the body motion information further includes a video or a signal of an optical detection device installed near the static magnetic field space, and the one or more processors detect the body motion occurring in the examination target by using the navigator data and the video or the signal of the optical detection device in combination. However, UEDA teaches wherein the body motion information further includes a video or a signal of an optical detection device installed near the static magnetic field space (Figures 1-3 item 51 discloses housing 51 with console 27and an optical position detection system in Paragraph [0076]) , and the one or more processors (Figures 1-3 item 17 discloses an imaging control unit 17. in Paragraph [0050]) detect the body motion (Figures 1-3 discloses a camera is placed on the support arm in Paragraph [0036]) occurring in the examination target by using the navigator data and the video or the signal of the optical detection device in combination (Figures 1-3 item 27 discloses console 27 an optical position detection system, or an electrostatic system is provided in front of the display device in Paragraph [0076], [0246]) . It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify a MRI imaging device in Gotou, by substituting a medical image diagnostic apparatus by UEDA to provide body movement correction of the reconstructed image using the upper body image and to improve the image quality of the reconstructed image in Paragraph [0246]) . Regarding claim 5 , Gotou teaches the magnetic resonance imaging apparatus according to claim 1, Gotou does not explicitly teach wherein the one or more processors detect the body motion occurring in the examination target by using a video or a signal of an optical detection device installed near the static magnetic field space. However, OH teaches wherein the one or more processors (Figures 1-3 item 17 discloses an imaging control unit 17. in Paragraph [0050]) detect the body motion (Figures 1-3 discloses a camera is placed on the support arm in Paragraph [0036]) occurring in the examination target by using a video or a signal of an optical detection device installed near the static magnetic field space (Figures 1-3 item 27 discloses console 27 an optical position detection system, or an electrostatic system is provided in front of the display device in Paragraph [0076], [0246]) . It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify a MRI imaging device in Gotou, by substituting a medical image diagnostic apparatus by UEDA to provide body movement correction of the reconstructed image using the upper body image and to improve the image quality of the reconstructed image in Paragraph [0246]) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT J ANDREWS whose telephone number is (571)272-6101. The examiner can normally be reached 10am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRENT J ANDREWS/Examiner, Art Unit 2858 /JENNIFER BAHLS/Primary Examiner, Art Unit 2853 Application/Control Number: 18/951,117 Page 2 Art Unit: 2858 Application/Control Number: 18/951,117 Page 3 Art Unit: 2858 Application/Control Number: 18/951,117 Page 4 Art Unit: 2858 Application/Control Number: 18/951,117 Page 5 Art Unit: 2858 Application/Control Number: 18/951,117 Page 6 Art Unit: 2858 Application/Control Number: 18/951,117 Page 7 Art Unit: 2858 Application/Control Number: 18/951,117 Page 8 Art Unit: 2858 Application/Control Number: 18/951,117 Page 9 Art Unit: 2858 Application/Control Number: 18/951,117 Page 10 Art Unit: 2858 Application/Control Number: 18/951,117 Page 11 Art Unit: 2858 Application/Control Number: 18/951,117 Page 12 Art Unit: 2858 Application/Control Number: 18/951,117 Page 13 Art Unit: 2858 Application/Control Number: 18/951,117 Page 14 Art Unit: 2858 Application/Control Number: 18/951,117 Page 15 Art Unit: 2858
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