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 .
This Office Action is responsive to the Amendment filed 29 May 2026. Claims 1-20 are currently under consideration. The Office acknowledges the amendments to claims 1, 2, and 4-20.
Claim Objections
Claims 13-15 are objected to because of the following informalities:
In claim 13, line 4: “the radiotherapy apparatus” should apparently read --the at least one radiotherapy apparatus--.
In claim 14, lines 5-6: “the radiotherapy apparatus” should apparently read --the at least one radiotherapy apparatus--.
In claim 14, line 7: “the radiotherapy apparatus” should apparently read --the at least one radiotherapy apparatus--.
In claim 15, line 4: “the radiotherapy apparatus” should apparently read --the at least one radiotherapy apparatus--.
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.
Claims 10-15 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.
Claim 10 recites the limitation "the light field being reflected" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the position and/or orientation" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claims 11-15 are rejected by virtue of their dependence upon claim 10.
Allowable Subject Matter
Claims 1-9 and 16-20 are allowed.
Claims 10-15 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.
The following is an examiner’s statement of reasons for allowance and the indication of allowable subject matter: as accurately argued by Applicant, Kim teaches monitoring a light field that is reflected by a reflector placed on a body surface of the patient, rather than a light field that is reflected from the surface of the patient itself (as is now recited in the amended claims). Further, none of the other prior art of record teaches or reasonably suggests such a method or system that emits a light field onto a surface of the patient, wherein the light field corresponds to radiation incidence of a radiation delivery, monitors a light field being reflected from the surface of the patient, and processes this monitored light field to determine the radiation incidence of the radiation delivery relative to the patient.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-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, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
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