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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
In addressing the rejection ground, each claim may not have been separately discussed to the extent the claimed features are the same as or similar to the previously-discussed features; the previous discussion is construed to apply for the other claims in the same or similar way.
In the office action, “/” should be read as and/or as generally understood. For example, “A/B” means A and B, or A or B.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-12 and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoki et al. (WO 2019/097904; see US 2020/0330793 for English translation).
Regarding claim 11, Aoki discloses a particle beam accelerator [e.g. fig. 1, 2, 7, 10], comprising: a main magnetic field generation device including a pair of magnetic poles [e.g. 123 fig. 2; see at least paras. 0036-0038, 0063-0064] each having a circular outer periphery, the main magnetic field generation device generating a main magnetic field in an acceleration space [e.g. 213] between the pair of magnetic poles; an ion introduction device [e.g. 221. 222, 223] that introduces ions into the acceleration space; a radiofrequency acceleration system [see at least para. 0030; 211, 212] that feeds a radiofrequency electric field to the ions to accelerate the ions, forms an ion beam circulating in the acceleration space, and accelerates the ion beam to have desired energy; a dynamic magnetic field feed device [e.g. magnetic coils 311, 312 fig. 7] that feeds a magnetic field at predetermined timing to a predetermined region through which the ion beam having the desired energy circulating in the acceleration space passes, and displaces a circular orbit of the ion beam having the desired energy; a regenerator gradient magnetic field region [see at least the region of the generator magnetic kicker coil 312 fig. 7] formed at a predetermined position in a peripheral edge portion of each of the magnetic poles; and an extraction channel [see at least the extraction trajectory 322 and extraction hole 111] arranged on an outer periphery of the magnetic pole, the extraction channel including an opening through which the ion beam having the desired energy is captured, the extraction channel guiding, from the acceleration space to an outside, the ion beam having been captured, wherein a position where the ion introduction device introduces ions into the acceleration space is a position close to the extraction channel relative to a center of the magnetic pole [see ion sources 221, 222, 223 and extraction hole 111], the radiofrequency acceleration system includes a fan-shaped dee electrode [e.g. dee electrode 211 fig. 7] about the position where ions are introduced into the acceleration space, and the dynamic magnetic field feed device is arranged in a vicinity of a radial end surface of the fan-shaped dee electrode [see at least 311/312 and 211, fig. 7], the dynamic magnetic field feed device comprises a first dynamic magnetic field feed device and a second dynamic magnetic field feed device [e.g. magnetic coils 311, 312 fig. 7], and the magnetic field applied by the second dynamic magnetic field feed device is opposite in direction to the magnetic field applied by the first dynamic magnetic field feed device [see at least paras. 0076-0077].
Regarding claim 12, Aoki discloses the particle beam accelerator according to claim 11, wherein a gradient magnetic field that increases toward the outer periphery of the magnetic pole is formed in the regenerator gradient magnetic field region, and the position provided with the regenerator gradient magnetic field region is a position where the ion beam having the desired energy in the circular orbit does not pass before a magnetic field of the dynamic magnetic field feed device is fed, and an ion beam in the circular orbit displaced by feeding a magnetic field of the dynamic magnetic field feed device passes [see at least paras. 0077-0079].
Regarding claim 14, Aoki discloses the particle beam accelerator according to claim 11, wherein the circular orbit having the desired energy is any of a plurality of circular orbits in a predetermined energy range, and a gradient of the gradient magnetic field formed in the regenerator gradient magnetic field region is larger than a gradient of the main magnetic field [see at least Figs.2 and 5 for the circular orbits; the magnetic kicker has a magnetic gradient larger than the main field is implicit because the beam is displaced out of the orbit by the kick].
Regarding claim 15, Aoki discloses the particle beam accelerator according to claim 11, wherein a peeler gradient magnetic field region is formed at a predetermined position of the peripheral edge portion of the magnetic poles, and the peeler gradient magnetic field region is a region through which the ion beam in the circular orbit displaced by the magnetic field of the first dynamic magnetic field feed device passes, and a magnetic field decreases as approaching the outer periphery of the magnetic poles [e.g. magnetic coil 311/312 generates a field opposite to the main field in the region above].
Regarding claim 16, Aoki discloses the particle beam accelerator according to claim 15, wherein the peeler gradient magnetic field region is formed of a magnetic body arranged in the peripheral edge portion of the magnetic poles [see at least figs. 2, 7].
Regarding claim 17, Aoki discloses the particle beam accelerator according to claim 15, wherein the peeler gradient magnetic field region [e.g. the field generated by gradient field magnets 311/312] is formed by processing the magnetic pole [magnetic poles 123 are opposite to each other; also see at least paras. 0063-0064, 0076-0079].
Regarding claim 18, Aoki discloses the particle beam accelerator according to claim 11, wherein the regenerator gradient magnetic field region is formed of a magnetic body arranged in the peripheral edge portion of the magnetic poles [see at least figs. 2, 7].
Regarding claim 19, Aoki discloses the particle beam accelerator according to claim 11, wherein the direction where the circular orbit is displaced is a direction approaching the extraction channel [see at least extraction orbit 322 in Fig.2].
Regarding claim 20, Aoki discloses a particle therapy system [see at least abstract] comprising the particle beam accelerator according to claim 11.
Response to Arguments
Applicant's arguments filed 01/26/2026 have been fully considered but they are not persuasive.
Applicant argues:
‘Aoki discloses first and second coils (311, 312) that generate magnetic fields in opposite directions to each other, but does not disclose the specific arrangement of these coils in relation to the dee electrode as claimed. Aoki describes that "the first coil 312 and the second coil 311 constituting the kicker magnetic field generating coil are connected to separate coil power sources 44A and 448 for kicker magnetic field generation so as to generate magnetic fields in opposite directions to each other." However, Aoki is silent regarding the placement of these coils "in a vicinity of a radial end surface of the fan-shaped dee electrode" as recited in claim 11.
Indeed, if Fig. 7 of Aoki is compared with Fig. 8 of the present application it becomes immediately obvious that the coils 311 and 312 of Aoki is not placed even close to the dee electrode 211, naturally this placement does not satisfy the condition of being in "in a vicinity of a radial end surface of the fan-shaped dee electrode" as clearly demonstrated by Fig. 8 of the application.
In addition, in fact, Aoki merely states that the kicker magnetic field generating coils are "disposed symmetrically with respect to the orbital plane at a position deviated in the direction perpendicular to the orbital plane" and "has a symmetrical shape with respect to a straight line (symmetrical axis) connecting the most densely aggregated point of the beam trajectory and the sparsely dispersed point." Therefore, the above mentioned features of claim 11 are neither disclosed nor suggested by Aoki.‘
However, fig. 7 of Aoki shows the dynamic magnetic field feed device 311, 312 is arranged in a vicinity of a radial end surface of the fan-shaped dee electrode 211. In addition, the specification does not clearly define the range of “vicinity”. Accordingly, claims 11-12 and 14-20 are unpatentable at this point.
Allowable Subject Matter
Claims 1-10 and 13 are allowed.
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 PATRICK C CHEN whose telephone number is (571)270-7207. The examiner can normally be reached M-F Flexible 8:00-16:30.
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/PATRICK C CHEN/Primary Examiner, Art Unit 2842
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