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)(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) 1-8 and 10-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Bailey et al. (US 20160022232).
Regarding claim 1, Bailey teaches a radiotherapy apparatus comprising: a rotatable ring-shaped gantry 23; and a direct drive mechanism, wherein the direct drive mechanism is configured to cause rotation of the rotatable ring-shaped gantry (para 142), wherein the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry (para 148).
Regarding claim 2, Bailey teaches the direct drive mechanism is configured to transmit torque directly to the rotatable ring-shaped gantry without intermediate transmission components (para 142).
Regarding claim 3, Bailey teaches a base, wherein the rotatable ring-shaped gantry is configured to rotate relative to the base, and wherein the direct drive mechanism comprises a rotary portion fixed to the rotatable ring-shaped gantry and a stationary portion fixed to the base (figure 25-27, para 133-142).
Regarding claim 4, Bailey teaches the direct drive mechanism comprises a ring- shaped torque motor (figure 25-27, para 133-142).
Regarding claim 5, Bailey teaches the ring-shaped torque motor comprises a rotor and a stator, wherein the rotor is coaxial with and mounted to the rotatable ring-shaped gantry, and wherein the stator is mounted to the base (figure 25-27, para 133-142).
Regarding claim 6, Bailey teaches the direct drive mechanism comprises a curved linear motor (figure 25-27, para 133-142).
Regarding claim 7, Bailey teaches a curvature of the curved linear motor corresponds to a curvature of the rotatable ring-shaped gantry (figure 25-27, para 133-142).
Regarding claim 8, Bailey teaches the curved linear motor comprises a rotor and a stator, wherein the rotor is mounted to the rotatable ring-shaped gantry and wherein the stator is mounted to the base (figure 25-27, para 133-142).
Regarding claim 10, Bailey teaches at least one encoder sensor; and a rotational measurement system, wherein the at least one encoder sensor is configured to read the encoder strip and wherein the rotational measurement system is configured to measure rotational position of the rotatable ring-shaped gantry based on the reading of the at least one encoder sensor (para 148-149).
Regarding claim 11, Bailey teaches two or more encoder sensors configured to read the encoder strip (para 148-149).
Regarding claim 12, Bailey teaches the at least one encoder sensor is fixed to the base or the stationary portion of the direct drive mechanism (para 148-149).
Regarding claim 13, Bailey teaches a direct drive mechanism for a radiotherapy apparatus, comprising: a rotary portion fixed to a rotatable gantry of the radiotherapy apparatus, wherein the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry (para 148) wherein the direct drive mechanism is configured to drive rotation of a rotatable gantry of the radiotherapy apparatus using the rotary portion (para 142); and a stationary portion fixed to a base of the radiotherapy apparatus and at least one encoder sensor fixed to at least one of the base or the stationary portion configured to read encoder strip and determine a rotational position of the rotatable gantry (para 148).
Regarding claim 14, Bailey teaches the direct drive mechanism comprises a torque motor (figure 25-27, para 133-142).
Regarding claim 15, Bailey teaches the direct drive mechanism comprises a curved linear motor (figure 25-27, para 133-142).
Regarding claim 16, Bailey teaches a method of rotating a gantry of a radiotherapy apparatus, the method comprising: causing rotation of the gantry using a direct drive mechanism wherein the gantry comprises a drum and an encoder strip wound around the drum of the gantry (para 142, 148).
Regarding claim 17, Bailey teaches the method comprises: reading the encoder strip using two or more encoder sensors (para 148-149).
Regarding claim 18, Bailey teaches determining a rotational position of the gantry based on the readings from the two or more encoder sensors (para 148-149).
Regarding claim 19, Bailey teaches controlling rotation of the gantry based on the determined of the rotational position of the gantry (para 148-149).
Regarding claim 20, Bailey teaches controlling a radiotherapy treatment based on the determined rotational position of the gantry (para 148-149).
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) 1-8 and 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jensen et al. (US 20190099623) in view of Bailey et al. (US 20160022232).
Regarding claim 1, Jensen teaches a radiotherapy apparatus comprising: a rotatable ring-shaped gantry 720; and a direct drive mechanism 751, wherein the direct drive mechanism is configured to cause rotation of the rotatable ring-shaped gantry (para 31-32).
However Jensen fails to teach the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry.
Bailey teaches a rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry (para 148).
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 gantry of Jensen with the wounded encoder strip as taught by Bailey, since it would better provide gantry position information.
Regarding claim 2, Jensen teaches the direct drive mechanism is configured to transmit torque directly to the rotatable ring-shaped gantry without intermediate transmission components (para 32).
Regarding claim 3, Jensen teaches a base, wherein the rotatable ring-shaped gantry is configured to rotate relative to the base, and wherein the direct drive mechanism comprises a rotary portion fixed to the rotatable ring-shaped gantry and a stationary portion fixed to the base (figure 7).
Regarding claim 4, Jensen teaches the direct drive mechanism comprises a ring- shaped torque motor (figure 2).
Regarding claim 5, Jensen teaches the ring-shaped torque motor comprises a rotor and a stator, wherein the rotor is coaxial with and mounted to the rotatable ring-shaped gantry, and wherein the stator is mounted to the base (figure 7).
Regarding claim 6, Jensen teaches the direct drive mechanism comprises a curved linear motor (para 28).
Regarding claim 7, Jensen teaches a curvature of the curved linear motor corresponds to a curvature of the rotatable ring-shaped gantry (para 28).
Regarding claim 8, Jensen teaches the curved linear motor comprises a rotor and a stator, wherein the rotor is mounted to the rotatable ring-shaped gantry and wherein the stator is mounted to the base (para 28).
Regarding claim 10, Jensen teaches at least one encoder sensor; and a rotational measurement system, wherein the at least one encoder sensor is configured to read the encoder strip and wherein the rotational measurement system is configured to measure rotational position of the rotatable ring-shaped gantry based on the reading of the at least one encoder sensor (para 28+).
Regarding claim 11, Jensen teaches two or more encoder sensors configured to read the encoder strip (para 28+).
Regarding claim 12, Jensen teaches the at least one encoder sensor is fixed to the base or the stationary portion of the direct drive mechanism (para 28+).
Regarding claim 13, Jensen teaches a direct drive mechanism for a radiotherapy apparatus, comprising: a rotary portion fixed to a rotatable gantry of the radiotherapy apparatus, wherein the direct drive mechanism is configured to drive rotation of a rotatable gantry of the radiotherapy apparatus using the rotary portion; and a stationary portion fixed to a base of the radiotherapy apparatus (para 31-32).
However Jensen fails to teach the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry and at least one encoder sensor fixed to at least one of the base or the stationary portion configured to read encoder strip and determine a rotational position of the rotatable gantry.
Bailey teaches a rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry and at least one encoder sensor fixed to at least one of the base or the stationary portion configured to read encoder strip and determine a rotational position of the rotatable gantry (para 148).
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 gantry of Jensen with the wounded encoder strip and position sensor as taught by Bailey, since it would better provide gantry position information.
Regarding claim 14, Jensen teaches the direct drive mechanism comprises a torque motor (para 24).
Regarding claim 15, Jensen teaches the direct drive mechanism comprises a curved linear motor (para 28).
Regarding claim 16, Jensen teaches a method of rotating a gantry of a radiotherapy apparatus, the method comprising: causing rotation of the gantry using a direct drive mechanism (para 31-32).
However Jensen fails to teach the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry.
Bailey teaches a rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry (para 148).
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 gantry of Jensen with the wounded encoder strip as taught by Bailey, since it would better provide gantry position information.
Regarding claim 17, Jensen teaches the gantry comprises a drum and an encoder strip wound around the drum, and wherein the method comprises: reading the encoder strip using two or more encoder sensors (para 28+).
Regarding claim 18, Jensen teaches determining a rotational position of the gantry based on the readings from the two or more encoder sensors (para 28+).
Regarding claim 19, Jensen teaches controlling rotation of the gantry based on the determined of the rotational position of the gantry (para 28+).
Regarding claim 20, Jensen teaches controlling a radiotherapy treatment based on the determined rotational position of the gantry (para 28+).
Claim(s) 1-2, 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo (US 20220096871) in view of Bailey et al. (US 20160022232).
Regarding claim 1, Guo teaches a radiotherapy apparatus comprising: a rotatable ring-shaped gantry; and a direct drive mechanism, wherein the direct drive mechanism is configured to cause rotation of the rotatable ring-shaped gantry (figures 1-3, para 76-77).
However Guo fails to teach the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry.
Bailey teaches a rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry (para 148).
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 gantry of Guo with the wounded encoder strip as taught by Bailey, since it would better provide gantry position information.
Regarding claim 2, Guo teaches the direct drive mechanism is configured to transmit torque directly to the rotatable ring-shaped gantry without intermediate transmission components (figures 1-3, para 76-77).
Regarding claim 13, Guo teaches a direct drive mechanism for a radiotherapy apparatus, comprising: a rotary portion fixed to a rotatable gantry of the radiotherapy apparatus, wherein the direct drive mechanism is configured to drive rotation of a rotatable gantry of the radiotherapy apparatus using the rotary portion; and a stationary portion fixed to a base of the radiotherapy apparatus (figures 1-3, para 76-77).
However Guo fails to teach the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry and at least one encoder sensor fixed to at least one of the base or the stationary portion configured to read encoder strip and determine a rotational position of the rotatable gantry.
Bailey teaches a rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry and at least one encoder sensor fixed to at least one of the base or the stationary portion configured to read encoder strip and determine a rotational position of the rotatable gantry (para 148).
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 gantry of Guo with the wounded encoder strip and position sensor as taught by Bailey, since it would better provide gantry position information.
Regarding claim 16, Guo teaches a method of rotating a gantry of a radiotherapy apparatus, the method comprising: causing rotation of the gantry using a direct drive mechanism (figures 1-3, para 76-77).
However Guo fails to teach the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry.
Bailey teaches a rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry (para 148).
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 gantry of Guo with the wounded encoder strip as taught by Bailey, since it would better provide gantry position information.
Claim(s) 1-5 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fries et al. (US 6292919) in view of Bailey et al. (US 20160022232).
Regarding claim 1, Fries teaches an apparatus comprising: a rotatable ring-shaped gantry 12; and a direct drive mechanism 38, wherein the direct drive mechanism is configured to cause rotation of the rotatable ring-shaped gantry (col 3 line 15+).
However Fries fails to teach the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry.
Bailey teaches a rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry (para 148).
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 gantry of Fries with the wounded encoder strip as taught by Bailey, since it would better provide gantry position information.
Regarding claim 2, Fries teaches the direct drive mechanism is configured to transmit torque directly to the rotatable ring-shaped gantry without intermediate transmission components (col 3 line 15+).
Regarding claim 3, Fries teaches a base, wherein the rotatable ring-shaped gantry is configured to rotate relative to the base, and wherein the direct drive mechanism comprises a rotary portion fixed to the rotatable ring-shaped gantry and a stationary portion fixed to the base (figure 6).
Regarding claim 4, Fries teaches the direct drive mechanism comprises a ring- shaped torque motor (figure 6, col 3 line 15+).
Regarding claim 5, Fries teaches the ring-shaped torque motor comprises a rotor and a stator, wherein the rotor is coaxial with and mounted to the rotatable ring-shaped gantry, and wherein the stator is mounted to the base (figure 6, col 3 line 15+).
Regarding claim 9, Fries teaches the rotatable ring-shaped gantry comprises a drum and an encoder strip wound around the drum of the rotatable ring-shaped gantry (figure 6, col 3 line 15+).
Regarding claim 10, Fries teaches at least one encoder sensor; and a rotational measurement system, wherein the at least one encoder sensor is configured to read the encoder strip and wherein the rotational measurement system is configured to measure rotational position of the rotatable ring-shaped gantry based on the reading of the at least one encoder sensor (figure 6, col 3 line 15+).
Regarding claim 11, Fries teaches two or more encoder sensors configured to read the encoder strip (figure 6, col 3 line 15+).
Regarding claim 12, Fries teaches the at least one encoder sensor is fixed to the base or the stationary portion of the direct drive mechanism (figure 6, col 3 line 15+).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 10-20 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
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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