DETAILED ACTION
This Office Action is responsive to the Amendment filed 26 February 2026.
Claims 49-68 are now pending. The Examiner acknowledges the amendments to claims
49-51 and 56-62.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
3. Claims 49, 55 and 61 are objected to because of the following informalities: at lines 20 and 22 of claim 49, “targe” should apparently read --target--; at lines 1-2 of claim 55, “further comprising: the stationary particle accelerator to provide the particle beam” should apparently read --wherein the stationary particle accelerator provides the particle beam--; and at lines 18 and 20 of claim 61, “targe” should apparently read --target--. Appropriate correction is required.
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.
4. Claims 49-68 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.
5. Claim 49 at line 19 recites the limitation "the two dimensions". There is insufficient antecedent basis for this limitation in the claim.
6. At line 20 of claim 49, it is unclear if “a first position” is the same as or different than “a first position” recited at line 13.
7. At line 22 of claim 49, it is unclear if “a second position” is the same as or different than “a second position” recited at line 15.
8. Claim 54 recites “wherein the translational movement is in one dimension only”. It is unclear if the recited “dimension” in claim 54 is the same as or different than the “at least one dimension” or “two dimensions” recited in claim 49, from which claim 54 depends. Additionally, if the dimension recited in claim 54 is the same as those recited in claim 49, then claim 54 would not further limit claim 49, as claim 49 clearly requires more than one dimension.
9. At line 9 of claim 61, it is unclear if “motion of the particle beam” is the same as or different than “motion of a particle beam” recited at line 3.
10. Claim 61 at line 17 recites the limitation "the two dimensions". There is insufficient antecedent basis for this limitation in the claim.
11. At line 18 of claim 61, it is unclear if “a first position” is the same as or different than “a first position” recited at line 11.
12. At line 20 of claim 61, it is unclear if “a second position” is the same as or different than “a second position” recited at line 13.
13. Claim 66 recites “wherein moving translationally comprises moving in one dimension only”. It is unclear if the recited “dimension” in claim 66 is the same as or different than the “at least one dimension” or “two dimensions” recited in claim 61, from which claim 66 depends. Additionally, if the dimension recited in claim 66 is the same as those recited in claim 61, then claim 66 would not further limit claim 61, as claim 61 clearly requires more than one dimension.
Allowable Subject Matter
14. Claims 49-68 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
15. Applicant’s arguments filed 26 February 2026 with respect to the objection to the Drawings have been fully considered and are persuasive in light of the amendments.
16. Applicant’s arguments filed 26 February 2026 with respect to the objection to the Specification have been fully considered and are persuasive in light of the amendments.
17. Applicant’s arguments filed 26 February 2026 with respect to the rejection of claims 49-68 under 35 U.S.C. 112(b) have been fully considered, however new grounds of rejection are presented above in light of the amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE HOPKINS MATTHEWS whose telephone number is (571)272-9058. The examiner can normally be reached Monday - Friday, 7:30 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A Marmor, II can be reached on (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791
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