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 .
Response to Amendment
The amendment filed 01/23/2026 was entered. Claims 1-20 are pending, with claims 1, 9, and 17 being independent. Claims 1, 9, and 17 are amended. No new matter has been added.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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, 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.
Claim(s) 1-4, 6-12 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Torok et al. (US Pub. No. 2006/0288095 A1) in view of Dalbow et al. (US Pub. No. 2009/0102612 A1), Benner et al. (Us Pub. No. 2017/0087389 A1) and Laurence et al. (US Pub. No. 2019/0143145 A1).
With regards to claims 1, 9 and 17, Torok discloses a method using system 100 comprising:
scanning, by a processor 24 using a camera or a radio frequency identification reader (i.e., RFID) [0012] - [0020] [0038]. The RFID tag conveys user identification information, or information enabling derivation of user identification, to RFID processor 24. Thereby, RFID processor 24 enables a user to automatically log-on to workstation 10 without entering a password or user id in response to proximity detection by workstation 10 [0012] [0031]. The RFID tag may itself incorporate, in one embodiment, a biometric sensor so that it is activatable by a particular user. In response to detection of RFID tag 25 within a predetermined distance of workstation 10, RFID processor 24 using workstation 10 and application 17, automatically initiates transfer of a user Primary (active or disconnected) session involving one or more executable applications from another workstation at a different location to workstation 10 ready for access by the user. [0014] [0022] – [0025];
Also, Torok discloses a system 100 to present a user with patient active case information compatible with user context information and with their allowable workflow menus. In system 100, executable application 121 in HIS 125 determines geographic location of mobile processing device (or patient or worker or medical equipment) 140 and fixed location processing device 120 using wireless location data acquired by tag reader device 123. For this purpose, wireless location data provided by Active or Passive RFID (Radio Frequency Identification) tags is acquired by tag reader device 123, for example [0012] [0013].
Torok further teaches a Location Sensing Device (such as RFID tag Reader 123) identifies workstation 140 as being in the bed room. RFID tag reader 123 sends geographic location identification and workstation identification information to a central Current Location [0014]. [0031], [0038] – [0041].
Notice that step 702 (Figure 5) following the start at step 701 system 100 stores equipment inventory information in repository 127 associating medical devices, comprising patient parameter acquisition devices, with their corresponding locations and with individual patients and with patient care units (rooms). In step 704, proximity detector 123 wirelessly detects presence of an identification tag substantially within a predetermined vicinity of the detector [0038].
The identification tag is associated with a particular processing device or a particular person (the particular person is a particular healthcare worker or a particular patient) and is an RFID tag and proximity detector 123 comprises an RFID processor for detecting an RFID tag, for example. In another embodiment the identification tag and proximity detector 123 employs Global Positioning technology, IEEE 802 compatible technology or infra-red technology. A location detector in application 121 in step 707 determines location information indicating a location associated with an identification tag detected by proximity detector 123 [0038] – [0041].
Torok fails to expressly disclose RFID-based identification aligning accessories, predetermine reader near the machine or equipment, comparison to patient specific accessory list and GUI indicator change based on verification results and prior to radiation, graphical indicator corresponding to the radiotherapy accessory displayed on a graphical user interface based on whether an identity and location of the at least one radiotherapy accessory match a list of treatment accessories and corresponding positional tolerances associated with the patient’s radiotherapy treatment.
Dalbow discloses a RFID and verification system and method of use for patient undergoing radiation therapy (Abstract) including the RFID tagged components shown in FIG. 1 comprise any of various items which are used or useful in connection with the therapy to be given to the patient, e.g., items to support, immobilize or hold the patient in place during the therapy. Three such components 24 are located in the simulation room 28B.
It should be noted that the RFID reader 22 or any other part of the system may be adapted to write new data to the RFID transponder tags, for example, if a patient's treatment field is changed or altered during the treatment cycle due to prescription or field modification. The tag would be modified showing the date and new field information [0021] – [0026].
Any or all of the following kinds of data that may be included and/or collected in the database for use by the computer system of this invention: patient name, patient ID number, patient consent signature or treatment verification sign off, patient photograph, patient fingerprint, patient identifier, patient address, patient telephone number, record and verify information, diagnosis, identity (e.g., name(s)) of nurse(s) caring for the patient, identity of therapist(s) (e.g., name(s)) simulating the patient, identity of therapist(s) (e.g., name(s)) treating the patient, therapist's signature or treatment verification sign off, physician's signature or treatment verification sign off, nurse's signature or treatment verification sign off, treatment planning data, treatment alignment data, treatment device list, equipment set up data, patient positioning or indexing data, identity (e.g., name(s)) of treating managing physician(s), identification and location of treatment room, treatment number, cumulative radiation dose, hospital room number, treatment time, patient specific imaging and contour data, and patient billing information [0021] – [0026].
The ability to determine the location of tagged components within a facility should result in treatment efficiencies and reduced patient waiting time. For example, if a particular component selected for a particular patient is missing from the treatment room when the patient is in that room for treatment, the system 20 can be interrogated (i.e., the various readers in the various rooms of the facility operated) to determine where the missing component is located. If the missing component is determined to be in a particular room, e.g., a storage room, one of the facility's staff members can be dispatched to quickly retrieve it and bring it to the treatment room [0021] – [0029].
Notice how a number of components that can be tagged by the system include photon, electron and proton beam compensators, stereotactic radio-surgery collimators and immobilization, treatment bolus and blocks. In addition to numerous consumable products to be used with radiation treatments can also be tagged with RFID tags in accordance with this invention, such as blocking trays, bolus, thermoplastics (e.g., masks), headrests, cushions, etc. [0035] - [0038] [0044] – [0047]. See components, products, masks and the like for accessory’s corresponding to medical equipment and used for aligning and patient identifications and treatment and safekeeping too [0035] - [0038] [0044] – [0047].
Benner discloses a control system which provides a user interface that displays a clear graphical representation of relevant data for radiation therapy system (such as a pencil-beam proton therapy system) for treating multiple beam fields as efficiently as possible. The user interface allows a user to visualize a treatment session, select one or multiple beam fields to include in one or more beam applications, and dissociate beam fields previously grouped if necessary. Further teachings that the extend the ability to initiate the application of the generated proton therapy beam and the grouping of beam fields to be performed remotely from the treatment room itself, and even automatically, reducing the need for manual interventions to setup between fields (Abstract) [0026].
The beam display may be customized for the user by specifically identifying (e.g., emphasizing) the position of one or more beam fields relative to other beam fields for the user's current treatment session. The identification may consist of visually distinguishing the graphical representation of each beam field comprising the user's treatment session, by size, color, form, or other visual indicia. Accordingly, each beam display and/or beam field grouping visualization may be customized to emphasize a different beam field grouping in the beam display [0043].
Benner further teaches beam fields may be grouped automatically based on beam field or treatment factors, such as treatment accessories, treatment table position, iso-centers, beam energy, and beam target locations. Multiple requestors may each have grouped beam fields, wherein a shared beam may be applied to each grouping in turn, in accordance with a pre-defined queue [0027]. Beam fields that do not require the addition and/or removal of additional accessories such as (but not limited to) collimators, jaws, and range shifters, etc., may be irradiated in a contiguous beam application, as an automated treatment of a set of fields [0032].
Factors that may be considered when multiple beam fields are grouped together include, but are not limited to: shared beam accessories, treatment table position, the patient's (dis)comfort, treatment plan requirements, and estimated beam field treatment durations, gantry position and/or angle, etc. [0040]. A beam display may be customized for the user by specifically identifying (e.g., emphasizing) the position of one or more beam fields relative to other beam fields for the user's current treatment session. The identification may consist of visually distinguishing the graphical representation of each beam field comprising the user's treatment session, by size, color, form, or other visual indicia [0043] [0045] [0049] [0055].
Accordingly, each beam display and/or beam field grouping visualization may be customized to emphasize a different beam field grouping in the beam display [0043] [0045] [0049] [0055]. Notice how the display is dynamically updated (See step 207) to reflect any modifications or when new groupings are added, modified, or removed, such as when a beam field grouping is canceled or disassociate. Additionally, another example, one or more of the treatment nozzles, patient positioner, and beam accessories may be modified (e.g., by a physician and/or beam operator) to comply with the next grouping of beam fields [0045] — [0048], [0058], [0060].
Laurence teaches optical/camera imaging to generate 3-D models of the patient and patient – positioning accessories, determine their location/positioning accessories, determine their location/positioning accessories, determine their location/positioning accessories, determine their location/positioning accessories, determine their location/position relative to radiotherapy system components, compare treatment/setup profiles and determine whether positional/geometrical differences are within a registration envelope tolerance before proceeding with radiation [0036], [0052],[0058], [0064], [0066], [0068]
In view of the utility, to extend the ability of typical generated therapy systems including identification needs using accessories corresponding to multiple medical equipment and treatment rooms as many rooms are involved throughout the applications as taught above, it would have been obvious to a person or ordinary skill in the art at the time the invention was made to modify Torok to include the teachings such as that taught by Dalbow, Benner and Laurence.
With regards to claims 2, 3, 10, 11, 18 and 19, Torok teaches the claimed invention according to claims 1, 9 and 17, but fails to teach the displaying changing in color.
Benner teaches revising the graphical indicator corresponding to the accessory comprises changing a color of the graphical indicator corresponding to the accessory [0043] [0053] [0054].
In view of the utility, to include identification that may consist of visually distinguishing the graphical representation of each beam field comprising the user's treatment session, by size, color, form, or other visual indicia to emphasize a different beam field grouping in the beam display as needed, it would have been obvious to a person or ordinary skill in the art at the time the invention was made to modify Torok to include the teachings such as that taught by Benner.
Notice how size and form cover changing shape as claimed in claims 3, 11 and 19.
With regards to claims 4, 12 and 20, Torok teaches the claimed invention according to claims 1, 9 and 17, but fails to teach the graphical indicator comprises displaying an additional graphical indicator.
Benner teaches revising the graphical indicator corresponding to the accessory comprises displaying, by the server, an additional graphical indicator [0051] [0036] [0044] associated with the graphical indicator corresponding to the accessory [0043] [0045] [0046] [0050].
In view of the utility, to include displaying additional information for one or more treatment fields as needed, it would have been obvious to a person or ordinary skill in the art at the time the invention was made to modify Torok to include the teachings such as that taught by Benner.
With regards to claims 6 and 14, Torok discloses numerous consumable products to be used with radiation treatments can also be tagged with RFID tags in accordance with this invention, such as blocking trays, bolus, thermoplastics (e.g., masks), headrests, cushions, etc. [0037].
With regards to claims 7 and 15, Torok discloses a system 100 workflow directed task sequences, as well as functions available on the workstation, are also adapted and information displayed in associated user interface images is adapted, based on the type of medical equipment and the identity of patients in a user location as well as the information available (e.g. the patients for whom a particular physician is responsible). The RFID tag reader device 123 detects location of medical equipment and other mobile resources and tracks movement of the medical equipment and other mobile resources between rooms. System 100 adapts information (e.g., charts, vital signs) displayed on a workstation based on the detected type and location of medical equipment (and other assets). Similarly, the RFID tag reader device 123 detects location of patients and tracks movement of patients between rooms and system 100 adapts patient information displayed on a workstation based on the detected identity of patients at a location.
Torok fails to expressly discloses scanning sets of accessories within the predetermined proximity to the radiotherapy machine comprises scanning a visual tag associated with each accessory.
Benner discloses that the beam control system as described may be configured as a distributed system to provide customized graphical visualizations of a treatment session that includes one or more beam fields arranged for one or more beam applications, and integrated displays and control for a delivery of the beam for single or grouped beam fields to a beam control system [0025].
In view of the utility, to extend the ability of typical generated therapy systems, it would have been obvious to a person or ordinary skill in the art at the time the invention was made to modify Torok to include the teachings such as that taught by Benner.
With regards to claims 8 and 16, Torok modified discloses the graphical user interface is displayed on a console computer associated with the radiotherapy machine [0016] [0032].
Claim(s) 5 and13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Torok, Dalbow, Benner and Laurence in view of Nakamura et al. (US Pub. No. 2008/0089463 A1).
With regards to claims 5 and 13, Michaud modified teaches the claimed invention according to claims 1 and 9, but fails to expressly discloses the graphical user interface is displayed on a screen on a gantry of the radiotherapy machine.
Nakamura discloses that a gantry mount display 201 is placed on or near the gantry 100 (Figures 1 and 2).
In view of the utility, to extend the ability of typical generated therapy systems to include displays placed on the gantry for easy viewing, it would have been obvious to a person or ordinary skill in the art at the time the invention was made to modify Michaud to include the teachings such as that taught by Nakamura.
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 DJURA MALEVIC whose telephone number is (571)272-5975. The examiner can normally be reached M-F (9-5).
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, Uzma Alam can be reached at 571.272.3995. 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.
/DJURA MALEVIC/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884