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 § 112
TThe 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.
Claim 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 1-23, is being rejected as as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as the invention.
Specifically, claim 1 recites inconsistent and unclear MRI image identifiers, including “MRI1,” “MRI2,” “MRI2*,” “MRIP0,” “MRIP1,” and “MRIP2*,” such that it is unclear which MRI image corresponds to the training input image, the training target image, the predicted training image, the patient input image, and the predicted patient output image. For example, the claim recites that the trained machine learning model generates “a predicted second MRI image (MRI2*)” based on “at least one first MRI image (MRI1)”, while later reciting that the target data comprise “a second MRI image (MRI2)”, and still later reciting a patient-side predicted image as “a predicted MRI image (MRIP2*)”. The claim therefore does not clearly define whether MRI2* and MRIP2* refer to the same type of predicted hepatobiliary-phase image, different predicted images, or different stages of the same image-generation process.
Further, claim 1 recites “MRI images (MRIO, MRI1)”, but elsewhere recites the native MRI image as “MRI0” with a zero, creating ambiguity as to whether “MRIO” is intended to be “MRI0” or a different image identifier. If Applicant intends to use MRIP0, MRIP1, and MRIP2* for patient images and MRI0, MRI1, MRI2, and MRI2* for training images, the claim should be amended to consistently define and use those identifiers.
Additionally, to the extent the claim or related claim text uses “MRIP02” or “MRIPO2,” that identifier lacks antecedent basis and is unclear because claim 1 introduces MRIP0 as the optional native patient MRI image and MRIP2* as the predicted patient MRI image but does not clearly \ introduce MRIP02/MRIPO2 as a defined image. Due to the inconsistent MRI image labels obscure which images are inputs, targets, and/or predicted outputs makes claim inconsistent; however, if these claim limitations were cleaned up with regard to this rejection the claims do overcome all prior art and would be in condition for allowance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMIE JO ATALA whose telephone number is (571)272-7384. The examiner can normally be reached 830am-500pm M-TH.
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/JAMIE J ATALA/Supervisory Patent Examiner, Art Unit 2486
