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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a boron concentration detection device claimed in claim 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "1211" and "1213" have both been used to designate a retarder or a thermal neutron absorber.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "1212" and "1214" have both been used to designate a reflector or a radiation shield.
Figures 3 and 4 are objected to because suitable descriptive legends for structural components 111, 21, 211, 212, 213, 214, 215, 216, 3, 31, 32, 33, and 34 are required in accordance with 37 CFR 1.84(o).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: a control system 4.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: NEUTRON CAPTURE THERAPY DEVICE COMPRISING A NEUTRON DOSE DETECTION DEVICE AND A CORRECTION SYSTEM CONFIGURED TO CORRECT THE NEUTRON DOSE DETECTION DEVICE, AND CORRECTION METHOD THEREFOR.
Claim Objections
Claims 1-8 are objected to because of the following informalities:
1. (Proposed Amendments) A neutron capture therapy device, comprising:
a neutron dose detection device; and
a correction system configured to correct the neutron dose detection device,
the neutron dose detection device comprises:
a detector configured to receive neutrons and output electrical signals,
a signal processing unit configured to process the electrical signals output from the detector and convert the electrical signals into pulse signals, and
a counter configured to count the pulse signals output from the signal processing unit to obtain a counting rate.
Appropriate correction is required.
Claims 3-8 are objected to because of the following informalities:
3. (Proposed Amendments) The neutron capture therapy device of claim 1, wherein the correction system comprises:
a metal part,
a g ray detection part configured to detect g rays emitted by the metal part, and
a correction coefficient calculation part, and
the neutron capture therapy device corrects the neutron dose detection device based on a reaction rate of the metal part and the counting rate of the counter.
Appropriate correction is required.
Claims 4-7 are objected to because of the following informalities:
Claim 4, line 5, --a-- should be inserted before “time”.
Claim 4, line 8, --an-- should be inserted before “irradiation”.
Claim 4, line 11, --an-- should be inserted before “irradiation time”.
Claim 4, line 11, --a-- should be inserted before “cooling time”.
Claim 4, line 11, --a-- should be inserted before “measurement”.
Appropriate correction is required.
Claims 6 and 7 are objected to because of the following informalities:
Claim 6, line 2, “recorded” after “a counting rate” should be replaced by --obtained--. See claim 1.
Appropriate correction is required.
Claims 9-16 are objected to because of the following informalities:
9. (Proposed Amendments) A method for correcting a neutron capture therapy device, comprising:
receiving neutrons detected by a neutron dose detection device and outputting electrical signals;
processing the electrical signals output from the neutron dose detection device and converting the electrical signals into pulse signals by a signal processing unit;
counting by a counter the pulse signals output from the signal processing unit to obtain a counting rate; and
periodically correcting the neutron dose detection device by using a correction system.
Appropriate correction is required.
Claims 11 and 12 are objected to because of the following informalities:
11. (Proposed Amendments) The method for correcting a neutron capture therapy device of claim 10, further comprising:
detecting g rays emitted by the metal part after a neutron activation; and
obtaining the reaction rate of the metal part by a measurement value of the y rays.
Appropriate correction is required.
Claim 12 is objected to because of the following informalities:
Claim 12, line 6, --an-- should be inserted before “irradiation”.
Claim 12, line 8, --an-- should be inserted before “irradiation time”.
Claim 12, lines 8-9, --a-- should be inserted before “cooling time”.
Claim 12, line 9, --a-- should be inserted before “measurement time”.
Appropriate correction is required.
Claim 14 is objected to because of the following informalities:
Claim 14, line 4, --a-- should be inserted before “time”.
Appropriate correction is required.
Claims 17-20 are objected to because of the following informalities:
17. (Proposed Amendments) A neutron capture therapy device, comprising:
a neutron beam irradiation system configured to generate a neutron beam;
a detection system, used to detect [[the]] irradiation parameters (a lack of an antecedent basis) of the neutron beam; and
a correction system, used to correct the detection system.
Appropriate correction is required.
Claims 18-20 are objected to because of the following informalities:
18. (Proposed Amendments) The neutron capture therapy device of claim 17, wherein the neutron beam irradiation system comprises:
a neutron beam generation module configured to generate the neutron beam, and
a beam adjustment module configured to adjust the neutron beam generated by the neutron beam generation module;
the detection system comprises a neutron dose detection device configured to detect [[the]] a neutron dose (a lack of an antecedent basis) of the neutron beam in real time;
the correction system used to correct the neutron dose detection device.
Appropriate correction is required.
Claim 19 is objected to because of the following informalities:
19. (Proposed Amendments) The neutron capture therapy device of claim 18, wherein
the correction system comprises:
a metal part,
a g ray detection part configured to detect y rays emitted by the metal part, and
a correction coefficient calculation part;
the beam adjustment module comprises:
a beam shaping body configured to decelerate and shield the neutron beam, and
a collimator configured to focus [[the]] epithermal neutrons to the metal part, required to be irradiated, of [[the]] a patient;
the neutron dose detection device comprises:
a detector configured to receive neutrons and output electrical signals,
a signal processing unit configured to process the electrical signals output from the detector, and
a neutron dose calculation unit configured to integrate [[the]] a neutron flux rate or [[the]] a neutron dose rate (a lack of an antecedent basis) to obtain a neutron dose;
the detector is configured inside of the beam shaping body, or the detector is configured inside of the collimator; and
the metal part is configured close to the detector.
Appropriate correction is required.
Claim 20 is objected to because of the following informalities:
20. (Proposed Amendments) The neutron capture therapy device of claim 18, wherein the detection system further comprises:
a temperature detection device configured to detect a target (a lack of an antecedent basis),
a displacement detection device configured to detect whether [[the]] a patient generates a displacement during a therapy, and
a boron concentration detection device configured to detect [[the]] a boron concentration in [[the]] a body of [[the]] a patient.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover a corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover a corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: a correction system, a signal processing unit, a counter, a g ray detection part, a correction coefficient calculation part, a correction part, a conversion unit, a neutron dose calculation unit, a neutron beam irradiation system, a detection system, a neutron beam generation module, a beam adjustment module, and a neutron dose detection device in claims 1-8 and 17-20.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover a corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL. —The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites a limitation “a signal processing unit configured to process the electrical signals output from the detector and convert the electrical signals into pulse signals” in lines 4-6. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 3 recites a limitation “a g ray detection part configured to detect g rays emitted by the metal part” in line 2. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 4 recites a limitation “a correction coefficient calculation part calculates a correction coefficient k by formulas (2-1) and (2-2)” in lines 1-2. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 4 recites a formula (2-1). However, the formula (2-1) fails to define how to calculate a sum
B
-
=
∑
T
C
t
. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 5 recites a limitation “a correction part correcting a counting rate B in combination with the correction coefficient k” in lines 1-2. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 recites a limitation “a conversion unit configured to convert a counting rate recorded by the counter into a neutron flux rate or a neutron dose rate” in lines 2-3. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 7 recites a limitation “a neutron dose calculation unit configured to calculate the neutron flux rate or the neutron dose rate to obtain a neutron dose” in lines 2-3. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 9 recites a method step of “receiving neutrons detected by a neutron dose detection device and outputting electrical signals” in lines 1-2. Claim 9 further recites a method step of “counting the pulse signals output from the signal processing unit to obtain a counting rate” in lines 4-5. However, the specification describes that the neutron dose detection device (21) includes a detector (211) configured to receive neutrons and output electrical signals and a signal processing unit (212) configured to process the electrical signals output from the detector (211) and convert the electrical signals into pulse signals (paragraph [0052]). Furthermore, claim 1 recites a limitation “a detector configured to receive neutrons and output electrical signals” in lines 3-4. It would seem all claimed method steps are directed to internal components of the neutron dose detection device rather than to the neutron dose detection device itself. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14 recites a formula for calculating the correction coefficient k. However, the formula fails to define how to calculate a sum
B
-
=
∑
T
C
t
. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 recites a limitation “a neutron beam irradiation system configured to generate a neutron beam” in line 2. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 recites a limitation “a correction system, used to correct the detection system” in line 3. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 18 recites a limitation “a beam adjustment module configured to adjust the neutron beam generated by the neutron beam generation module” in lines 3-4. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 19 recites a limitation “a signal processing unit configured to process the electrical signals output from the detector” in lines 6-7. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 19 recites a limitation “a neutron dose calculation unit configured to integrate a neutron flux rate or a neutron dose rate to obtain a neutron dose” in lines 7-8. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 19 recites a limitation “a g ray detection part configured to detect g rays emitted by the metal part” in lines 9-10. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 pre-AIA 35 U.S.C. 112, 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 1-8, 12, 14, and 17-20 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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.
With respect to claim 3, the recitation “the neutron capture therapy device” in line 3 is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Claim 4 recites a formula (2-1), which renders the claim indefinite. Claim 4 fails to define a parameter Ct and how to calculate a sum
B
-
=
∑
T
C
t
.
Claim 12 recites a limitation “the g ray detection part” in lines 5 and 7, which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim.
Claim 14 recites a limitation “the counter” in line 4, which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim.
Claim 14 recites a limitation “the detector” in line 5, which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim.
Claim 14 recites a formula for calculating the correction coefficient k, which renders the claim indefinite. Claim 4 fails to define a parameter Ct and how to calculate a sum
B
-
=
∑
T
C
t
.
Claim 19 recites a limitation “the part” in line 3, which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. If the limitation refers to a metal part, the limitation “a metal part” must be recited prior to the part to provide an antecedent basis.
Claim limitation “a signal processing unit configured to process the electrical signals output from the detector and convert the electrical signals into pulse signals” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a g ray detection part configured to detect g rays emitted by the metal part” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a correction coefficient calculation part calculates a correction coefficient k by formulas (2-1) and (2-2)” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a correction part correcting a counting rate B in combination with the correction coefficient k” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a conversion unit configured to convert a counting rate recorded by the counter into a neutron flux rate or a neutron dose rate” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a neutron dose calculation unit configured to calculate the neutron flux rate or the neutron dose rate to obtain a neutron dose” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a neutron beam irradiation system configured to generate a neutron beam” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a correction system, used to correct the detection system” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim limitation “a beam adjustment module configured to adjust the neutron beam generated by the neutron beam generation module” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose a corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses a corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites a corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what a corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Liu et al. (U. S. Patent No. 12,238,850 B2) disclosed a particle-beam generation apparatus comprising a target material.
Gong et al. (U. S. Patent No. 12,194,318 B2) disclosed a radiation irradiation system.
Chen (U. S. Patent No. 12,194,313 B2) disclosed a radiation treatment system and an operation procedure of an irradiation parameter verification device.
Chen et al. (U. S. Patent No. 12,172,031 B2) disclosed a radiotherapy system and a therapy-plan generation method therefor.
Chen et al. (U. S. Patent No. 12,023,524 B2) disclosed a neutron-capture therapy system comprising a beam-shaping assembly having a moderator and a frame accommodating the moderator.
Chen et al. (U. S. Patent No. 12,011,615 B2) disclosed a neutron-capture therapy system.
Liu (U. S. Patent No. 11,986,679 B2) disclosed a neutron-capture therapy system.
Jiang et al. (U. S. Patent No. 11,826,583 B2) disclosed a neutron-capture therapy system.
Liu et al. (U. S. Patent No. 11,813,483 B2) disclosed a neutron-capture therapy system.
Liu et al. (U. S. Patent No. 11,740,370 B2) disclosed a neutron-capturing therapy system comprising a radiation-detection system and a radiation detection method.
Liu (U. S. Patent No. 11,583,701 B2) disclosed a neutron-capture therapy system.
Liu et al. (U. S. Patent No. 11,561,308 B2) disclosed a method for measuring a radiation intensity.
Chen et al. (U. S. Patent No. 11,559,705 B2) disclosed a neutron-capture therapy system.
Tsai et al. (U. S. Patent No. 11,458,336 B2) disclosed a neutron-capture therapy system comprising a beam-shaping assembly configured to shape a neutron beam.
Liu (U. S. Patent No. 11,400,316 B2) disclosed a moderator for moderating neutrons.
Hsiao (U. S. Patent No. 11,400,314 B2) disclosed a neutron-capture therapy system comprising a photon-emission detection device.
Hsiao (U. S. Patent No. 11,338,155 B2) disclosed a radiation irradiation system comprising a positioning assembly.
Liu et al. (U. S. Patent No. 11,266,859 B2) disclosed a neutron-capture therapy system.
Liu et al. (U. S. Patent No. 11,224,766 B2) disclosed a neutron-capture therapy system comprising a particle-beam generating device having a target.
Chen et al. (U. S. Patent No. 11,198,023 B2) disclosed a neutron-capture therapy system.
Liu (U. S. Patent No. 11,058,898 B2) disclosed a neutron-capture therapy system.
Liu et al. (U. S. Patent No. 10,926,110 B2) disclosed a neutron-capture therapy system comprising a beam-diagnostic system.
Liu et al. (U. S. Patent No. 10,926,108 B2) disclosed a beam-shaping assembly for a neutron-capture therapy.
Liu et al. (U. S. Patent No. 10,898,733 B2) disclosed a beam-shaping assembly for a neutron-capture therapy.
Liu et al. (U. S. Patent No. 10,898,731 B2) disclosed a neutron-capture therapy system.
Liu (U. S. Patent No. 10,773,104 B2) disclosed a neutron-capture therapy system.
Liu et al. (U. S. Patent No. 10,639,499 B2) disclosed a beam-shaping assembly for a neutron-capture therapy.
Yamaguchi et al. (U. S. Patent No. 10,568,964 B2) disclosed a neutron-capture therapy system and a therapy-planning system for a neutron-capture therapy.
Liu et al. (U. S. Patent No. 10,537,750 B2) disclosed a neutron-capture therapy system comprising a radiation detecting system and a detection method thereof.
Akabori et al. (U. S. Patent No. 10,441,815 B2) a neutron-capture therapy system comprising a gamma-ray detector for a neutron-capture therapy.
Liu et al. (U. S. Patent No. 10,434,333 B2) disclosed a beam-shaping assembly for a neutron-capture therapy.
Liu et al. (U. S. Patent No. 10,328,286 B2) disclosed a beam-shaping assembly for a neutron-capture therapy.
Liu et al. (U. S. Patent No. 10,157,693 B2) disclosed a neutron-moderation material.
Mukawa et al. (U. S. Patent No. 10,155,123 B2) disclosed a neutron-capture therapy system.
Akabori (U. S. Patent No. 10,082,587 B1) disclosed a neutron-ray detecting system and a method of setting a neutron-ray detecting system.
Liu et al. (U. S. Patent No. 9,889,320 B2) disclosed a beam-shaping assembly for a neutron-capture therapy.
Liu et al. (U. S. Patent No. 9,789,340 B2) disclosed a neutron-beam source comprising a filter.
Powell et al. (U. S. Patent No. 5,870,447 A) disclosed a method and an apparatus for generating low-energy nuclear particles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allen C. Ho whose telephone number is (571) 272-2491. The examiner can normally be reached Monday - Friday 10AM - 6PM.
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, David J. Makiya can be reached on (571) 272-2273. 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.
Allen C. Ho, Ph.D.
Primary Examiner
Art Unit 2884
/Allen C. Ho/Primary Examiner, Art Unit 2884