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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 15-18 are rejected under 35 U.S.C 101 because claim 15 is claiming a Computer Readable Medium which could encompass a signal. A signal is non-statutory. The Examiner recommends adding the term “non-transitory” before the term “computer readable medium”.
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 04/17/2026 is acknowledged. It should be noted that as set forth in the Restriction/Election dated 04/01/2026 the non-elected Group II is drawn to performing MRI measurements for performing a clinical status determination of the target object based on arterial deceleration time; which, the examiner inadvertently did not include claims 11, 12 which set forth such a limitation, and should be part of Group II. This grouping still is supported by the same premise of independent/distinct and search burden as set forth in the restriction dated 04/01/2026. Therefore, Group II are claims 11-14, 19-20. Group I will be examined on the merits; Group I are claims 1-10, 15-18.
The requirement is still deemed proper and is therefore made FINAL.
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 1-10, 15-18 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.
In claims 1, 10, 15 it is unclear what is meant by imaging “cutoff” velocity and labeling “cutoff” velocity; the term “cutoff” is unclear what it means and what it further limits in the claims.
Claim Rejections - 35 USC § 102
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 –
(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.
Claim(s) 1-2, 5-6, 10, 15-16, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bolar et al. (US 2010/0030062)
With respect to claims 1, 10, 15 Bolar discloses a MRI system, CRM, and method of operating a magnetic resonance imaging (MRI) system, comprising:
operating the MRI system to make N first measurements of N first blood transit times (BTTs) in a target, wherein the N first measurements use a first value of an imaging cutoff velocity and N second values as labeling cutoff velocities respectively for the N first measurements, wherein N is an integer greater than zero; (see para. 0040-0052, “Referring to FIGS. 3 and 4, a general method for isolating NMR signal from specific blood compartments and a simplified pulse sequence diagram are provided. The method employs a separate tag scan and control scan to perform compartment-specific NMR signal isolation. The tag scan begins with the velocity-weighted image acquisition process indicated generally at 300. This process includes applying a spatially non-selective, velocity-selective pulse train VS1 to the entire imaging volume at process block 302. Before VS1, all blood spins in the subject being imaged (for example, arterial, capillary, venous) is relaxed. Application of VS1 suppresses signal from blood flowing faster than a selected cutoff velocity via saturation. At process block 304, a selected delay time, or "inflow time" (TI), is allowed to elapse, during which remaining blood spins flow into various vascular compartments. A second velocity-selective module VS2 is then applied at process block 306 to eliminate blood spins flowing faster than second selected velocity. This suppresses spins that have accelerated above the cutoff velocity during the TI, for example, blood spins entering the venous vasculature from the capillaries. It is contemplated that VS2 may include a T.sub.2 preparation module, which employs additional pulses to allow for T.sub.2 weighting. The effective echo time (TE) can be controlled by varying the number of additional pulses. Following the velocity-selective modules, an imaging module, indicated generally at 400, is applied at process block 308 to acquire the tag NMR data set. For example, a series of N NMR images at N different echo times may be acquired using the depicted T.sub.2-weighted, multi-echo acquisition scheme 402 that includes an initial 90 degree RF pulse followed by a series 180 degree RF pulses and imaging readouts at times TE.sub.N. Alternatively, an echo planar (EPI) imaging module may be employed with the above-described T.sub.2 preparation module to acquire NMR data from which a single MR image having a selected TE can be produced. If, at decision block 310, both tag and control NMR data sets have not been acquired, then the system proceeds to the control scan at process block 312 and acquires the control NMR data set using the velocity-weighted image acquisition process 300. However, the selected cutoff velocities for both VS1 and VS2 can vary between the tag and control scans, as different combinations of selected cutoff velocities and TI allow NMR signals from different compartments to be isolated. This "compartmental spin-targeting" will be further described below”. and
estimating, based on the N first BTTs, estimates of arterial deceleration times (ADTs) or venous acceleration times (VATs) in the target, (see para. 0042, “Application of VS1 suppresses signal from blood flowing faster than a selected cutoff velocity via saturation. At process block 304, a selected delay time, or "inflow time" (TI), is allowed to elapse, during which remaining blood spins flow into various vascular compartments. A second velocity-selective module VS2 is then applied at process block 306 to eliminate blood spins flowing faster than second selected velocity. This suppresses spins that have accelerated above the cutoff velocity during the TI, for example, blood spins entering the venous vasculature from the capillaries. It is contemplated that VS2 may include a T.sub.2 preparation module, which employs additional pulses to allow for T.sub.2 weighting. The effective echo time (TE) can be controlled by varying the number of additional pulses.”
wherein the N first BTTs comprise arterial transit times (ATT) or venous transit times (VTT) (see inflow times, para. 0016, “Another aspect of this invention exploits the unidirectional nature of blood flow in human physiology (i.e. blood flows from arteries, through capillaries, into veins). By appropriately using velocity selection and cycling through different inflow times, it is possible to target a bolus of blood at different stages of its traversal through late arteriolar and capillary bed vasculature. Since oxygen exchange occurs from blood to tissue during this traversal, subsequent SaO.sub.2 measurements allow the generation of oxygen saturation curves and the characterization of oxygen exchange dynamics.”.).
PNG
media_image1.png
692
693
media_image1.png
Greyscale
With respect to claim 2 Bolar discloses wherein the ADTs or VATs are equal to the ATTs or VTTs measured in the target, respectively (see para. 0015, 0016).
With respect to claim 5 Bolar discloses wherein the N second values are dependent on a size of blood vessels at the target being subject to the first N measurements or the second measurement (see para. 0041).
With respect to claim 6 Bolar discloses wherein the first value is determined based on an expected size of blood vessels at the target that are being subject to the N first measurements or the second measurement (see para. 0041).
With respect to claim 16, Bolar discloses wherein -readable storage medium of claim 15, wherein the ADTs or VATs are equal to the ATTs or VTTs measured in the target, respectively (see para. 0015, inflow time).
With respect to claim 18 Bolar discloses wherein the N second values are dependent on a size of blood vessels at the target being subject to the first N measurements or the second measurement, wherein the first value is determined based on an expected size of blood vessels at the target that are being subject to the N first measurements or the second measurement (see para. 0041).
Allowable Subject Matter
Claims 3-4, 7-9 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of records fails to teach the method of claim 1, including: operating the MRI system to make a second measurement of a second BTT in a target, wherein the second measurement use the first value of imaging cutoff velocity and a third value of as a labeling cutoff velocity for the first measurement; and estimating, based on the N first BTTs and the second BTT, estimates of ADTs or VATs in the target.
It should be noted that although claim 17 set forth similar allowable subject matter over the cited prior art as claim 3, claim 15 from which 17 depends, is rejected under 35 USC 101.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wong et al. (US 7,587,233) which discloses velocity-selective magnetic arterial spin labeling in magnetic resonance imaging (MRI) without spatial selectivity. In one implementation, an RF pulse train is applied to selectively tag spins according to velocities of the spins without selection based on locations of the spins. MRI images of tagged spins at an area of interest are then acquired to obtain information on perfusion at the area of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
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, Anne M. Kozak can be reached at 571-270-0552. 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.
/JOSEPH M SANTOS RODRIGUEZ/Primary Examiner, Art Unit 3797
Prosecution Insights