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 .
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-4 and 9-10 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, and 17 of copending Application No. 19/256000 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application
App: 19/256,000
1. A radio frequency (RF) coil for a magnetic resonance imaging apparatus including a top plate on which a subject is placed along a longitudinal direction, the RF coil comprising: a first coil unit including a first fixing belt that is disposed on the top plate and is mounted on the subject from a first end side of the top plate in a width direction orthogonal to the longitudinal direction toward a second end side opposite to the first end side, and a plurality of elements that are disposed on the first fixing belt; and a second coil unit including a second fixing belt that is disposed on the top plate and is mounted on the subject in a manner that at least a part of the second fixing belt is overlapped with the first fixing belt from the second end side of the top plate toward the first end side, and a plurality of elements that are disposed on the second fixing belt, wherein a first outer peripheral region formed by the plurality of elements of the first coil unit has a tapered shape as being spaced from the first end side of the top plate, a second outer peripheral region formed by the plurality of elements of the second coil unit has a tapered shape as being spaced from the second end side of the top plate, and the first outer peripheral region and the second outer peripheral region are disposed with phases in the longitudinal direction being shifted from each other.
1. An RF (radio frequency) coil array for a magnetic resonance imaging apparatus, comprising: a first coil unit including a first fixing belt formed of a first stretch material that is stretchable in a first direction and a plurality of RF coils each independently disposed on the first fixing belt; and a second coil unit including a second fixing belt formed of a second stretch material that is stretchable in the first direction and a plurality of RF coils each independently disposed on the second fixing belt, wherein each of the plurality of RF coils of the first coil unit has a center disposed on a first straight line, and the RF coils closer to a distal end of the first fixing belt have smaller diameters, each of the plurality of RF coils of the second coil unit has a center disposed on a second straight line, and the RF coils closer to a distal end of the second fixing belt have smaller diameters, the first straight line and the second straight line are disposed offset from each other in a second direction intersecting the first direction, the first coil unit is mounted on a subject with the distal end of the first fixing belt directed from one side to the other side of the subject in the first direction, and the second coil unit is mounted on the subject with the distal end of the second fixing belt directed from the other side to the one side of the subject in the first direction such that at least a part of the second coil unit overlaps the first coil unit.
2. The RF coil according to claim 1, wherein the plurality of elements of the first coil unit form a plurality of the first outer peripheral regions, the plurality of elements of the second coil unit form a plurality of the second outer peripheral regions, and the plurality of the first outer peripheral regions and the plurality of the second outer peripheral regions are alternately disposed along the longitudinal direction.
1. An RF (radio frequency) coil array for a magnetic resonance imaging apparatus, comprising: a first coil unit including a first fixing belt formed of a first stretch material that is stretchable in a first direction and a plurality of RF coils each independently disposed on the first fixing belt; and a second coil unit including a second fixing belt formed of a second stretch material that is stretchable in the first direction and a plurality of RF coils each independently disposed on the second fixing belt, wherein each of the plurality of RF coils of the first coil unit has a center disposed on a first straight line, and the RF coils closer to a distal end of the first fixing belt have smaller diameters, each of the plurality of RF coils of the second coil unit has a center disposed on a second straight line, and the RF coils closer to a distal end of the second fixing belt have smaller diameters, the first straight line and the second straight line are disposed offset from each other in a second direction intersecting the first direction, the first coil unit is mounted on a subject with the distal end of the first fixing belt directed from one side to the other side of the subject in the first direction, and the second coil unit is mounted on the subject with the distal end of the second fixing belt directed from the other side to the one side of the subject in the first direction such that at least a part of the second coil unit overlaps the first coil unit.
3. The RF coil according to claim 1, wherein each of the plurality of elements has a diameter that decreases as being spaced from the top plate.
1. An RF (radio frequency) coil array for a magnetic resonance imaging apparatus, comprising: a first coil unit including a first fixing belt formed of a first stretch material that is stretchable in a first direction and a plurality of RF coils each independently disposed on the first fixing belt; and a second coil unit including a second fixing belt formed of a second stretch material that is stretchable in the first direction and a plurality of RF coils each independently disposed on the second fixing belt, wherein each of the plurality of RF coils of the first coil unit has a center disposed on a first straight line, and the RF coils closer to a distal end of the first fixing belt have smaller diameters, each of the plurality of RF coils of the second coil unit has a center disposed on a second straight line, and the RF coils closer to a distal end of the second fixing belt have smaller diameters, the first straight line and the second straight line are disposed offset from each other in a second direction intersecting the first direction, the first coil unit is mounted on a subject with the distal end of the first fixing belt directed from one side to the other side of the subject in the first direction, and the second coil unit is mounted on the subject with the distal end of the second fixing belt directed from the other side to the one side of the subject in the first direction such that at least a part of the second coil unit overlaps the first coil unit.
4. The RF coil according to claim 3, wherein the plurality of elements are disposed at positions at which a line connecting centers of the plurality of elements is parallel to the width direction.
1. An RF (radio frequency) coil array for a magnetic resonance imaging apparatus, comprising: a first coil unit including a first fixing belt formed of a first stretch material that is stretchable in a first direction and a plurality of RF coils each independently disposed on the first fixing belt; and a second coil unit including a second fixing belt formed of a second stretch material that is stretchable in the first direction and a plurality of RF coils each independently disposed on the second fixing belt, wherein each of the plurality of RF coils of the first coil unit has a center disposed on a first straight line, and the RF coils closer to a distal end of the first fixing belt have smaller diameters, each of the plurality of RF coils of the second coil unit has a center disposed on a second straight line, and the RF coils closer to a distal end of the second fixing belt have smaller diameters, the first straight line and the second straight line are disposed offset from each other in a second direction intersecting the first direction, the first coil unit is mounted on a subject with the distal end of the first fixing belt directed from one side to the other side of the subject in the first direction, and the second coil unit is mounted on the subject with the distal end of the second fixing belt directed from the other side to the one side of the subject in the first direction such that at least a part of the second coil unit overlaps the first coil unit.
9. The RF coil according to claim 1, wherein the first fixing belt and the second fixing belt include a first surface and a second surface of a pair of surface fasteners with which the first surface and the second surface engage, at positions where the first fixing belt and the second fixing belt are in contact with each other in a case of being mounted on the subject.
17. The RF coil array according to The RF coil array according to wherein the first fixing belt and the second fixing belt comprise first surfaces and second surfaces of a pair of hook-and-loop fasteners each having the first surface and the second surface engaging with each other, at positions where the first surface and the second surface come into contact with each other in a case where the first coil unit and the second coil unit overlap the subject and are mounted on the subject.
10. A bed device comprising: a top plate on which a subject is placed; and the RF coil according to claim 1.
8. The RF coil array according to claim 1, wherein, in the first coil unit and the second coil unit, an end part of each of the first fixing belt and the second fixing belt on an opposite side to the distal end is connected to a top plate on which the subject is placed.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 11 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 19/256000 in view of Park (US 2015/0168512).
The claims of ‘000 are silent in teaching a magnetic resonance imaging apparatus comprising: the bed device according to claim 10; a gantry including a magnetic field generation source and having an opening; and a drive mechanism that moves the top plate in the longitudinal direction to cause the top plate to enter the opening of the gantry and exit from the opening of the gantry.
Park, which is also in the field of MRI, teaches A magnetic resonance imaging apparatus comprising: the bed device according to claim 10; a gantry including a magnetic field generation source and having an opening; and a drive mechanism that moves the top plate in the longitudinal direction to cause the top plate to enter the opening of the gantry and exit from the opening of the gantry [Fig. 11 and corresponding description. See also rest of reference.].
It would have been obvious to a person having ordinary skill in the art before the filing date of the claimed invention to combine the teachings of ‘000 and Park because both references are in the field of MRI and because Park teaches it is known in the art for an MRI to include a patient bed that is movable into the MRI [Park - Fig. 11 and corresponding description. See also rest of reference.].
This is a provisional nonstatutory double patenting rejection.
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 3-6 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.
Regarding claim 3, the claim discloses “the plurality of elements” but it is unclear if “the plurality of elements” refers to the first coil unit, second coil unit, or both the first coil unit and the second coil unit. Claims 4-6 are rejected for depending on claim 3.
Regarding claim 4, the claim discloses “the plurality of elements” but it is unclear if “the plurality of elements” refers to the first coil unit, second coil unit, or both the first coil unit and the second coil unit.
Regarding claim 6, the limitation “the other side of the first outer peripheral region and the one side of the second outer peripheral region at positions adjacent to each other in a plan view” is considered indefinite because the emphasized terms are not clear from the context of the claim language.
Allowable Subject Matter
Claims 1-11 would be allowable if rewritten or amended to overcome the double patenting rejections, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Otake (US 2019/0310331) is considered the closest prior art. Otake includes a first coil unit including a first fixing belt that is disposed on the top plate and is mounted on the subject from a first end side of the top plate in a width direction orthogonal to the longitudinal direction toward a second end side opposite to the first end side and a second coil unit including a second fixing belt that is disposed on the top plate and is mounted on the subject in a manner that at least a part of the second fixing belt is overlapped with the first fixing belt from the second end side of the top plate toward the first end side [Figs. 5-12].
However, Otake does not teach wherein a first outer peripheral region formed by the plurality of elements of the first coil unit has a tapered shape as being spaced from the first end side of the top plate, a second outer peripheral region formed by the plurality of elements of the second coil unit has a tapered shape as being spaced from the second end side of the top plate, and the first outer peripheral region and the second outer peripheral region are disposed with phases in the longitudinal direction being shifted from each other.
Therefore, claim 1 is above the prior art. Claims 2-11 are considered above the prior art for depending on claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2026/0003018 is not considered prior art but is relevant because it is the PGPub of the application used in the double patenting rejection.
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/RISHI R PATEL/Primary Examiner, Art Unit 2858
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