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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 22nd, 2023 and May 3rd, 24 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1, 6, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by US Patent Application Publication 2018/0301235.
Regarding claim 1, ‘235 teaches a radiation irradiation device comprising: a device main body that irradiates a subject with radiation, note for example item 10 in Fig. 1 from;
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A spacing ensuring unit (Item 21 above) that is a member extending from the device main body in an emission direction of the radiation to ensure a spacing between the subject and the device main body ,
And is switchable between an unfolded state in which a length extending from the device main body is a predetermined length and a storage state in which a length from the device main body is shorter than the predetermined length with a displacement of at least a part of a movable portion (Note Fig. 7 below indicating the switchable states between storage and unfolded states),
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wherein the movable portion is biased in a direction in which the spacing ensuring unit switches from the storage state to the unfolded state. Note [0047] from the prior art noted above:
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6. The radiation irradiation device according to claim 1, wherein the spacing ensuring unit includes a support portion that rotatably supports the movable portion, and the movable portion is displaced with the support portion as a rotation center, Note [0038] below noting that any rotatable position is within the capability of mounting, as also illustrated in Fig. 5A-5D.
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8. The radiation irradiation device according to claim 1, wherein in the unfolded state, a length of the movable portion in a direction in which the spacing ensuring unit extends is equal to or larger than half a length of the spacing ensuring unit. Note Fig. 7 above.
Allowable Subject Matter
Claims 2-5, 7, and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to teach or fairly suggest the radiation irradiation device according to claim 1, wherein the spacing ensuring unit includes a bending portion having a lower bending stiffness than other regions in an extending direction of the spacing ensuring unit, and the movable portion is displaced with the bending portion as a starting point. Claims 3-5 are similarly indicated as allowable by virtue of their dependency.
Regarding claim 7, the prior art fails to teach or fairly suggest the radiation irradiation device according to claim 6, wherein the support portion includes a spring member, and the movable portion is biased by the spring member.
Regarding claim 9, the prior art fails to teach or fairly suggest the apparatus of claim 1, wherein the spacing ensuring unit switches from the storage state to the unfolded state in a case where the radiation irradiation device is taken out of a storage container.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID A VANORE whose telephone number is (571)272-2483. The examiner can normally be reached Monday to Friday 7AM to 6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID A. VANORE
Primary Examiner
Art Unit 2881
/DAVID A VANORE/Primary Examiner, Art Unit 2881