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 Amendments and Arguments
The amendments, filed March 9, 2026, have been entered. Claims 1-6 and 12-17 have been amended. Claims 21 and 22 have been added. Claims 1-22 are currently pending in the application.
Applicant argues, on pages 8-11 that the prior art cited in the previous Office Action, mailed December 8, 2025, do not sufficiently disclose, teach, or suggest the newly amended subject matter of independent claims 1 and 12. However, a new rejection has been entered in light of the amendments with Ohta (U.S. Publication No. 2010/0080360) now being cited for disclosing the subject matter of the independent claims, as discussed in further detail below.
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 5, 6, 8, 16, 17, and 19 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.
Claims 5 and 16 contain the limitation “the sliding member is driven” in line 6 of each claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) because it is unclear whether infringement occurs when an apparatus capable of performing the method is created or when the apparatus actually performs the method. See MPEP 2173.05(p)(II). For examination purposes, it is assumed that both claims intended to claim the sliding member being configured to be driven.
Claims 6 and 17 recites the limitation "the sliding member" and “the drive source” in lines 6 and 8 of each claim. There is insufficient antecedent basis for these limitations in the claim. For examination purposes, it is assumed claims 6 and 17 were intended to depend from claim 5 and 16, respectively, which introduce both the sliding member and the drive source.
Claims 6 and 17 contain the limitation “the sliding member is driven” in line 6 of each claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) because it is unclear whether infringement occurs when an apparatus capable of performing the method is created or when the apparatus actually performs the method. See MPEP 2173.05(p)(II). For examination purposes, it is assumed that both claims intended to claim the sliding member being configured to be driven.
Claims 8 and 19 contain the limitation “the operating unit receives operation by hand or foot” in lines 1-2 of each claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) because it is unclear whether infringement occurs when an apparatus capable of performing the method is created or when the apparatus actually performs the method. See MPEP 2173.05(p)(II). For examination purposes, it is assumed that both claims intended to claim the operating unit is configured to receive operation by hand or foot.
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.
Claims 1-4 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohta (U.S. Publication No. 2010/0080360).
Regarding claim 1, Ohta discloses an X-ray diagnostic apparatus, comprising: a couchtop 12 on which a subject is placed; an irradiation unit 18 configured to output an X-ray from above the couchtop (Figure 1, paragraph 0049); a support member 214 configured to support both ends of the couchtop 12 in a lateral direction from below and form a gap between the support member 214 and the couchtop 12 in a center part corresponding to an area excluding both of the ends (defined by the open area between tabletop 12 and support 214 in which cassette 20 is placed, Figure 1 and see paragraph 0063); first openings formed at both ends of the couchtop 12 in a longitudinal direction to allow access to the gap (see annotated Figure 3A, below); second openings formed at both of the ends of the couchtop in the lateral direction to allow access to the gap (see annotated Figure 3A, below); and an X-ray detector 20 provided in the gap through the first openings and configured to detect the X-ray (paragraphs 0071-0076).
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Regarding claim 2, Ohta discloses the subject matter as discussed above with regard to claim 1. Ohta further discloses wherein the X-ray detector 20 is provided in the gap in a manner insertable and removable through the first openings (Figure 1 and paragraph 0063).
Regarding claim 3, Ohta discloses the subject matter as discussed above with regard to claims 1-2. Ohta further discloses wherein the X-ray detector is provided in the gap in a manner insertable and removable through the first openings or the second openings (Figure 1 and paragraph 0063).
Regarding claim 4, Ohta discloses the subject matter as discussed above with regard to claims 1-2. Ohta further discloses a housing unit 30 into and from which the X-ray detector 20 is capable of being inserted and removed at a position in the gap connectable to the first openings, wherein the X-ray detector 20 is housed in the housing unit 30 in a manner insertable and removable through the first opening openings (Figures 1 and 3A and paragraph 0063).
Regarding claim 12, Ohta discloses a medical couch apparatus, comprising: a couchtop 12 on which a subject is placed; a support member 214 configured to support both ends of the couchtop 12 in a lateral direction from below and form a gap between the support member 214 and the couchtop 12 in a center part corresponding to an area excluding both of the ends (defined by the open area between tabletop 12 and support 214 in which cassette 20 is placed, Figure 1 and see paragraph 0063); first openings formed at both ends of the couchtop 12 in a longitudinal direction to allow access to the gap (see annotated Figure 3A, above); second openings formed at both of the ends of the couchtop in the lateral direction to allow access to the gap (see annotated Figure 3A, above).
Regarding claim 13, Ohta discloses the subject matter as discussed above with regard to claim 12. Ohta further discloses wherein the first openings enable an X-ray detector 20 configured to detect the X-ray to be inserted or removed from the gap through the first openings (paragraphs 0071-0076 and see annotated Figure 3A, above).
Regarding claim 14, Ohta discloses the subject matter as discussed above with regard to claim 12. Ohta further discloses wherein the second openings enable an X-ray detector 20 configured to detect the X-ray to be inserted or removed from the gap through the second openings (paragraphs 0071-0076 and see annotated Figure 3A, above).
Regarding claim 15, Ohta discloses the subject matter as discussed above with regard to claims 12-13. Ohta further discloses a housing unit 30 into and from which the X-ray detector 20 is capable of being inserted and removed at a position in the gap connectable to the first openings (see annotated Figure 3A, above), wherein the X-ray detector 20 is housed in the housing unit 30 in a manner insertable and removable through the first opening openings (Figures 1 and 3A and paragraph 0063).
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.
Claims 5-9 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ohta in view of Jan (U.S. Publication No. 2015/0117597).
Regarding claim 5, Ohta discloses the subject matter as discussed above with regard to claims 1-2 and 4. Ohta further discloses first guide rails 32 extending between the couchtop 12 and the support member 214, wherein the housing unit 30 is attached to the first guide rails 32 through a sliding member 36 (Figures 3A-B and 4 paragraphs 0063-0064), the sliding member 36 and 38 is driven to slide on the first guide rails 32, and the housing unit 30 is moved together with the sliding member 36 in the longitudinal direction of the couch top 12 (Figures 3A-B and 4 and paragraphs 0063-0064). Ohta does not explicitly disclose a drive source.
Jan teaches a drive source (paragraph 0023, where a control unit 24 controls the detector 23 to be driven in the X-direction 231 and Y-direction 230, Figures 1 and 4A-B).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Ohta with Jan (both being directed to a patient support which positions an x-ray device) and arrived at a drive source. One of ordinary skill in the art would have been motivated to do so because the drive source of Jan allows for the x-ray detector to be moved manually or automatically according to a preset control program (paragraph 0037).
Regarding claim 6, Ohta, as modified, discloses the subject matter as discussed above with regard to claims 1-2 and 4-5. Ohta, as modified, further discloses second guide rails 34 provided at both of the ends of a longitudinal direction of the housing unit 30 and extending in parallel with each other in the longitudinal direction (see Ohta, Figure 3A), wherein the sliding member 36 and 38 is driven by the drive source to slide on the second guide rails 34, and the housing unit 30 is moved together with the sliding member36 and 38 in the lateral direction of the couch top 12 (see Ohta, Figures 3A-B and 4 and paragraphs 0063-0064 and see Jan, paragraph 0037 which discusses the drive source).
Regarding claim 7, Ohta discloses the subject matter as discussed above with regard to claims 1, 2, and 4. Ohta does not disclose an operating unit configured to adjust a position of the housing unit; and a drive circuit configured to move the housing unit in the lateral direction of the couchtop according to an input to the operating unit.
Jan teaches an operating unit 24 configured to adjust a position of the housing unit 23; and a drive circuit (paragraph 0031) configured to move the housing unit 23 in the lateral direction of the couchtop according to an input to the operating unit (Figure 1 and paragraph 0037).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Ohta with Jan (both being directed to a patient support which positions an x-ray device) and arrived at an operating unit configured to adjust a position of the housing unit; and a drive circuit configured to move the housing unit in the lateral direction of the couchtop according to an input to the operating unit. One of ordinary skill in the art would have been motivated to do so because the control unit of Jan allows for the x-ray detector to be moved manually or automatically according to a preset control program (paragraph 0037).
Regarding claim 8, Ohta, as modified, discloses the subject matter as discussed above with regard to claims 1, 2, 4, and 7. Ohta, as modified, further discloses wherein the operating unit 24 receives operation by hand or foot (see Jan, Figure 1 and paragraph 0037).
Regarding claim 9, Ohta, as modified, discloses the subject matter as discussed above with regard to claims 1-2 and 4-5. Ohta, as modified, does not explicitly disclose circuitry configured to perform control to move the irradiation unit to follow a position of the X-ray detector such that a positional relation between the irradiation unit and the X-ray detector is a predetermined positional relation.
Jan teaches circuitry (paragraph 0037 and Figure 1) configured to perform control to move the irradiation unit to follow a position of the X-ray detector 23 such that a positional relation between the irradiation unit 22 and the X-ray detector 23 is a predetermined positional relation.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Ohta with Jan (both being directed to a patient support which positions an x-ray device) and arrived at circuitry configured to perform control to move the irradiation unit to follow a position of the X-ray detector such that a positional relation between the irradiation unit and the X-ray detector is a predetermined positional relation. One of ordinary skill in the art would have been motivated to do so because the control unit of Jan allows for the x-ray detector and x-ray source to be moved manually or automatically according to a preset control program (paragraph 0037).
Regarding claim 16, Ohta discloses the subject matter as discussed above with regard to claims 12-13 and 15. Ohta further discloses first guide rails 32 extending between the couchtop 12 and the support member 214, wherein the housing unit 30 is attached to the first guide rails 32 through a sliding member 36 (Figures 3A-B and 4 paragraphs 0063-0064), the sliding member 36 and 38 is driven to slide on the first guide rails 32, and the housing unit 30 is moved together with the sliding member 36 in the longitudinal direction of the couch top 12 (Figures 3A-B and 4 and paragraphs 0063-0064). Ohta does not explicitly disclose a drive source.
Jan teaches a drive source (paragraph 0023, where a control unit 24 controls the detector 23 to be driven in the X-direction 231 and Y-direction 230, Figures 1 and 4A-B).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Ohta with Jan (both being directed to a patient support which positions an x-ray device) and arrived at a drive source. One of ordinary skill in the art would have been motivated to do so because the drive source of Jan allows for the x-ray detector to be moved manually or automatically according to a preset control program (paragraph 0037).
Regarding claim 17, Ohta, as modified, discloses the subject matter as discussed above with regard to claims 12-13 and 15-16. Ohta, as modified, further discloses second guide rails 34 provided at both of the ends of a longitudinal direction of the housing unit 30 and extending in parallel with each other in the longitudinal direction (see Ohta, Figure 3A), wherein the sliding member 36 and 38 is driven by the drive source to slide on the second guide rails 34, and the housing unit 30 is moved together with the sliding member36 and 38 in the lateral direction of the couch top 12 (see Ohta, Figures 3A-B and 4 and paragraphs 0063-0064 and see Jan, paragraph 0037 which discusses the drive source).
Regarding claim 18, Ohta discloses the subject matter as discussed above with regard to claims 12-13 and 15. Ohta does not disclose an operating unit configured to adjust a position of the housing unit; and a drive circuit configured to move the housing unit in the lateral direction of the couchtop according to an input to the operating unit.
Jan teaches an operating unit 24 configured to adjust a position of the housing unit 23; and a drive circuit (paragraph 0031) configured to move the housing unit 23 in the lateral direction of the couchtop according to an input to the operating unit (Figure 1 and paragraph 0037).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Ohta with Jan (both being directed to a patient support which positions an x-ray device) and arrived at an operating unit configured to adjust a position of the housing unit; and a drive circuit configured to move the housing unit in the lateral direction of the couchtop according to an input to the operating unit. One of ordinary skill in the art would have been motivated to do so because the control unit of Jan allows for the x-ray detector to be moved manually or automatically according to a preset control program (paragraph 0037).
Regarding claim 19, Ohta, as modified, discloses the subject matter as discussed above with regard to claims 12, 13, 15, and 18. Ohta, as modified, further discloses wherein the operating unit 24 receives operation by hand or foot (see Jan, Figure 1 and paragraph 0037).
Claims 10-11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ohta in view of Yagi (U.S. Publication No. 2012/0168632).
Regarding claim 10, Ohta discloses the subject matter as discussed above with regard to claims 1, 2, and 4. Ohta does not explicitly disclose a protective member provided under the housing unit.
Yagi teaches a protective member 63 provided under the housing unit 35 (see Yagi, Figures 1-5 and paragraph 0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Ohta (directed to a patient support which positions an x-ray cassette) with Yagi (directed to an x-ray cassette insertable into a diagnostic apparatus) and arrived at a protective member provided under the housing unit. One of ordinary skill in the art would have been motivated to do so because the cassette of Yagi provides features which prevent unevenness in temperature to keep image quality more consistent (paragraphs 0014-0015).
Regarding claim 11, Ohta, as modified, discloses the subject matter as discussed above with regard to claims 1, 2, 4, and 10. Ohta, as modified, further discloses wherein the protective member 63 is provided inside the housing unit 26 and under a position where the X-ray detector 35 is housed (see Yagi, Figures 4-5 and paragraph 0062).
Regarding claim 20, Ohta discloses the subject matter as discussed above with regard to claims 12-13 and 15.Ohta does not explicitly disclose a protective member provided under the housing unit.
Yagi teaches a protective member 63 provided under the housing unit 35 (see Yagi, Figures 1-5 and paragraph 0062).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined Ohta (directed to a patient support which positions an x-ray cassette) with Yagi (directed to an x-ray cassette insertable into a diagnostic apparatus) and arrived at a protective member provided under the housing unit. One of ordinary skill in the art would have been motivated to do so because the cassette of Yagi provides features which prevent unevenness in temperature to keep image quality more consistent (paragraphs 0014-0015).
Allowable Subject Matter
Claims 21 and 22 are 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.
Regarding claims 21 and 22, Ohta discloses the subject matter as discussed above with regard to claims 1 and 12, respectively. Ohta does not disclose a shutter configured to be driven by a drive source to open and close the first openings; and processing circuitry configured to control the drive source to drive and control the shutter in such a manner that: when the housing unit is moved to a first predetermined position, the shutter operates to open the first openings which are closed, and when the housing unit is moved to a second predetermined position other than the first predetermined position, the shutter operates to close the first openings which are open.
Okada (U.S. Publication No. 2012/0219115) is cited as being of interest for teaching a shutter 221 configured to open and close (Figures 6A-C and paragraphs 0044-0045).However, Okada only discloses a single shutter provided for a single opening does not disclose the shutter 221 being configured to be driven by a drive source to open and close the first openings; and processing circuitry configured to control the drive source to drive and control the shutter in such a manner that: when the housing unit is moved to a first predetermined position, the shutter operates to open the first openings which are closed, and when the housing unit is moved to a second predetermined position other than the first predetermined position, the shutter operates to close the first openings which are open. As such, there is no disclosure, teaching, or suggestion in the prior art of record such that a rejection and any independent claim may be reasonably maintained.
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 ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-F 8-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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