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 .
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)(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) 1-8, 12-19 and 21-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jeong (US 20150360054).
Regarding claims 1 and 13, Jeong teaches a computer-implemented method for a treatment delivery system, the method comprising:
receiving an input requesting movement of a couch of the treatment delivery system from a first position to a second position; and in response to the input (para 63):
transmitting, to a surface guidance system 710 720 configured to provide optical monitoring of a surface of a patient, position information for the couch, wherein the position information is for modifying a virtual location of a reference patient surface (para 55-64); and
causing the couch to move from the first position to the second position (para 84).
Regarding claim 2, Jeong teaches the position information for the couch comprises an indication that the couch is disposed in a patient treatment position (para 52+).
Regarding claim 3, Jeong teaches the couch is disposed at least partially within a bore of the treatment delivery system when disposed in the patient treatment position (figure 6.
Regarding claim 4, Jeong teaches the first position comprises a patient load position (para 52+).
Regarding claim 5, Jeong teaches the couch is disposed outside a bore of the treatment delivery system when disposed in the patient load position (para 52+).
Regarding claim 6, Jeong teaches the position information for the couch comprises couch shift coordinates (para 52+).
Regarding claim 7, Jeong teaches the couch shift coordinates indicate a displacement of the couch from a patient setup position to a patient treatment position (para 52+).
Regarding claim 8, Jeong teaches the position information for the couch comprises couch shift coordinates that are based on a patient offset from a planned treatment location (para 52+).
Regarding claim 12, Jeong teaches the second position comprises a patient treatment position (para 52+).
Regarding claim 14, Jeong teaches the position information for the repositionable couch comprises an indication that the repositionable couch is disposed in a patient treatment position (para 52+).
Regarding claim 15, Jeong teaches the position information enables the surface guidance system to adjust a current position of the reference patient surface relative to the treatment delivery system (para 52+).
Regarding claim 16, Jeong teaches receipt of the position information causes the surface guidance system to adjust the current position of the planned patient surface to correspond to the second position (para 52+).
Regarding claim 17, Jeong teaches the position information for the repositionable couch comprises couch shift coordinates (para 52+).
Regarding claim 18, Jeong teaches the first position causes a planned patient anatomy to be positioned at an isocenter of the treatment delivery device and the second position causes a day-of-treatment patient anatomy to be positioned at the isocenter of the treatment delivery device (para 52+).
Regarding claim 19, Jeong teaches the position information is based on a difference between the planned patient anatomy and the day-of-treatment anatomy (para 52+).
Regarding claim 21, Jeong teaches the first position causes a first target volume in a region of patient anatomy to be positioned at a first isocenter of the treatment delivery device and the second position causes a second target volume in the region of patient anatomy to be positioned at a second isocenter of the treatment delivery device (para 52+).
Regarding claim 22, Jeong teaches the couch shift coordinates indicate a displacement of the repositionable couch from a patient setup position to a patient treatment position (para 52+).
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) 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Hirai et al. (US 20230149741) in view of Jeong (US 20150360054).
Regarding claim 1, Hirai teaches a computer-implemented method for a treatment delivery system, the method comprising:
receiving an input (para 156) requesting movement of a couch 12 of the treatment delivery system 18 from a first position to a second position; and in response to the input (para 41):
transmitting, to a surface guidance system position information for the couch, wherein the position information is for modifying a reference patient surface (para 30, 41 and 157); and
causing the couch to move from the first position to the second position (para 156).
However Hirai fails to teach providing optical monitoring of a surface of a patient and the position information is for modifying a virtual location.
Jeong teaches providing optical monitoring of a surface of a patient and the position information is for modifying a virtual location (para 55-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the treatment system of Hirai with the optical monitoring as taught by Jeong, since it would better patient positioning.
Regarding claim 2, Hirai teaches the position information for the couch comprises an indication that the couch is disposed in a patient treatment position (para 52+).
Regarding claim 3, Hirai teaches the couch is disposed at least partially within a bore of the treatment delivery system when disposed in the patient treatment position (figure 6.
Regarding claim 4, Hirai teaches the first position comprises a patient load position (para 52+).
Regarding claim 5, Hirai teaches the couch is disposed outside a bore of the treatment delivery system when disposed in the patient load position (para 52+).
Regarding claim 6, Hirai teaches the position information for the couch comprises couch shift coordinates (para 52+).
Regarding claim 7, Hirai teaches the couch shift coordinates indicate a displacement of the couch from a patient setup position to a patient treatment position (para 52+).
Regarding claim 8, Hirai teaches the position information for the couch comprises couch shift coordinates that are based on a patient offset from a planned treatment location (para 52+).
Regarding claim 9, Hirai teaches acquiring at least one x-ray image of a region of patient anatomy; and determining the patient offset (deviation) from the planned treatment location based on the at least one x-ray image (para 52+).
Regarding claim 10, Hirai teaches the at least one x-ray image is acquired at the second position (104, para 39-44).
Regarding claim 11, Hirai teaches another x-ray image is acquired at the first position (102, para 39-44).
Regarding claim 12, Hirai teaches the second position comprises a patient treatment position (figure 1).
Regarding claim 13, Hirai teaches a treatment delivery device, comprising: a repositionable couch; and a controller configured to perform the steps of: receiving an input requesting movement of the repositionable couch from a first position to a second position; and in response to the input: transmitting, to a surface guidance system, position information for the repositionable couch, wherein the position information is for modifying a reference patient surface; and causing the repositionable couch to move from the first position to the second position (para 30, 39-44 and 157).
However Hirai fails to teach providing optical monitoring of a surface of a patient and the position information is for modifying a virtual location.
Jeong teaches providing optical monitoring of a surface of a patient and the position information is for modifying a virtual location (para 55-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the treatment system of Hirai with the optical monitoring as taught by Jeong, since it would better patient positioning.
Regarding claim 14, Hirai teaches the position information for the repositionable couch comprises an indication that the repositionable couch is disposed in a patient treatment position (para 39-44).
Regarding claim 15, Hirai teaches the position information enables the surface guidance system to adjust a current position of the reference patient surface relative to the treatment delivery system (para 39-44).
Regarding claim 16, Hirai teaches receipt of the position information causes the surface guidance system to adjust the current position of the planned patient surface to correspond to the second position (para 39-44).
Regarding claim 17, Hirai teaches the position information for the repositionable couch comprises couch shift coordinates (para 39-44).
Regarding claim 18, Hirai teaches the first position causes a planned patient anatomy to be positioned at an isocenter of the treatment delivery device and the second position causes a day-of-treatment patient anatomy to be positioned at the isocenter of the treatment delivery device (para 39-44).
Regarding claim 19, Hirai teaches the position information is based on a difference between the planned patient anatomy and the day-of-treatment anatomy (para 39-44).
Regarding claim 20, Hirai teaches the controller is further configured to perform the steps of: causing at least one X-ray image to be acquired of a region of patient anatomy while the repositionable couch is disposed at the first position; and determining the difference between the planned patient anatomy and the day-of- treatment anatomy based on the at least one X-ray image (para 39-44).
Regarding claim 21, Hirai teaches the first position causes a first target volume in a region of patient anatomy to be positioned at a first isocenter of the treatment delivery device and the second position causes a second target volume in the region of patient anatomy to be positioned at a second isocenter of the treatment delivery device (para 39-44).
Regarding claim 22, Hirai teaches the couch shift coordinates indicate a displacement of the repositionable couch from a patient setup position to a patient treatment position (para 39-44).
Claim(s) 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kompatscher et al. (US 20240153134) in view of Jeong (US 20150360054).
Regarding claims 1 and 13, Kompatscher teaches a computer-implemented method for a treatment delivery system, the method comprising:
receiving an input (para 27) requesting movement of a couch of the treatment delivery system from a first position to a second position; and in response to the input:
transmitting, to a surface guidance system, position information for the couch, wherein the position information is for modifying a reference patient surface (para 23 43 63); and
causing the couch to move from the first position to the second position (para 14).
However Kompatscher fails to teach providing optical monitoring of a surface of a patient and the position information is for modifying a virtual location.
Jeong teaches providing optical monitoring of a surface of a patient and the position information is for modifying a virtual location (para 55-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the treatment system of Kompatscher with the optical monitoring as taught by Jeong, since it would better patient positioning.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-22 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.
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 HOON K SONG whose telephone number is (571)272-2494. The examiner can normally be reached M to Th 10am to 7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOON K SONG/Primary Examiner, Art Unit 2884
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