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 Objections
Claims 10, 15 and 17 are objected to because of the following informalities:
Claim 10 recites “a subject to be irradiated is performed therapy”, which is ungrammatical. Changing the claim to read “ a subject to be irradiated receives therapy” would overcome the objection.
In claim 15, “each of the second shielding plates is located downstream of corresponding beam adjusting portion” should read “each of the second shielding plates is located downstream of the corresponding beam adjusting portion”.
In claim 17, “fourth” is misspelled “forth”.
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.
Claim 17 is 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 17 recites the limitation "a fourth shielding member”. However claim 17 depends on claim 1 which does not recite first, second or third shielding members. Amending claim 17 to depend on claim 6 would overcome the rejection.
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.
Claims 1, 3-8, 10-13 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 109464752 A).
Regarding claim 1, Liu teaches a neutron capture therapy system (100, fig. 2), comprising an accelerator (10), a beam transmission portion (20), and a neutron beam generation portion (30), wherein the accelerator is configured for accelerating charged particles to generate a charged particle beam, the beam transmission portion transmits the charged particle beam generated by the accelerator to the neutron beam generation portion, and the neutron beam generation portion generates a neutron beam for therapy (p. 4 paragraph 3), characterized in that: the neutron capture therapy system comprises a beam transmission shielding assembly (shield cover for vacuum tube beam transmission part, p. 8 paragraph 4) for the beam transmission portion.
Regarding claim 3, Liu teaches that the beam transmission portion comprises a transmission tube (21, 25B-C, fig. 2) configured for accelerating or transmitting the charged particle beam, and the beam transmission shielding assembly comprises a first shielding member (shield cover, p. 8 paragraph 4) surrounding the transmission tube.
Regarding claim 4, Liu teaches that the beam transmission portion comprises a transmission tube (21) configured for accelerating or transmitting the charged particle beam and a beam adjusting portion (direction switches 22 and 23) arranged on the transmission tube to adjust the charged particle beam, the beam transmission shielding assembly comprises a second shielding member (shielding body 60, fig. 2) arranged on the transmission tube, and the second shielding member is located downstream of the beam adjusting portion in a transmission direction of the charged particle beam.
Regarding claim 5, Liu teaches that the second shielding member is a shielding plate with a plate surface perpendicular to the transmission direction of the charged particle beam (fig. 2).
Regarding claim 6, Liu teaches that the beam transmission shielding assembly comprises third shielding members arranged at two sides of the transmission tube in the transmission direction of the charged particle beam (shielding walls W2 and W3, fig. 2) , the second shielding member and the third shielding members are connected and at least partially surround the beam adjusting portion and the transmission tube.
Regarding claim 7, Liu teaches that the third shielding members comprises shielding plates arranged at two sides of the transmission tube in a direction parallel to the transmission direction of the charged particle beam (shielding walls on left and right side of transmission tube, fig. 2).
Regarding claim 8, Liu teaches that the beam adjusting portion comprises a quadrupole magnet for suppressing divergence of the charged particle beam (p. 7 paragraph 1), and the second shielding member comprises at least one plate (60; alternately wall W2, fig. 2) located downstream of the magnet in the transmission direction of the charged particle beam.
Regarding claim 10, Liu teaches that the neutron capture therapy system comprises an irradiation chamber (101B-C, fig. 2) and a charged particle beam generation chamber (accelerator chamber 1021), wherein a subject to be irradiated receives therapy by means of irradiation of the neutron beam in the irradiation chamber, the charged particle beam generation chamber houses the accelerator (10) and at least part of the beam transmission portion (transmission portion 21 extends into chamber 1021, fig. 2), and the beam transmission shielding assembly is arranged in the charged particle beam generation chamber (shield 70).
Regarding claim 11, Liu teaches that the beam transmission portion comprises a first transmission portion (21) connected to the accelerator; a beam direction switcher (23) switching a travel direction of the charged particle beam; and a second transmission portion (25B or 25C) transmitting the charged particle beam from the beam direction switcher to the neutron beam generation portion; and wherein the charged particle beam generation chamber comprises an accelerator chamber (1021) and a beam transmission chamber (1022), the first transmission portion extends from the accelerator chamber to the beam transmission chamber (fig. 2), the second transmission portion extends from the beam transmission chamber to the neutron beam generation portion (30B or 30C, fig. 2), the neutron beam generation portion is at least partially arranged in a separation wall between the beam transmission chamber and the irradiation chamber (30B in wall between 1022 and 101B), and the beam transmission shielding assembly (60) is arranged in the beam transmission chamber.
Regarding claim 12, Liu teaches that the beam transmission shielding assembly comprises a shielding casing (shield cover 26) surrounding the beam direction switcher.
Regarding claim 13, Liu teaches that the material of the shielding casing is boron-containing PE material (p. 8, paragraph 4).
Regarding claim 17, Liu teaches that the beam transmission portion further comprises a transmission auxiliary device (22), and the beam transmission shielding assembly comprises a shielding member (26) surrounding or covering the transmission auxiliary device.
Regarding claim 18, Liu teaches that the material of the shielding member is boron-containing PE material (p. 8, paragraph 4).
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.
Claims 2, 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Liu.
Regarding claim 2, Liu teaches all the limitations of claim 1 as described above. Liu does not teach that the beam transmission shielding assembly is at least partially movable or detachable.
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Liu by making the shielding assembly movable or detachable, as it has been held that making the parts of an invention separable or movable is within the skill of one of ordinary skill in the art (MPEP 2144.04, V C [R-01.2024]). In this case one of ordinary skill in the art would be motivated to make elements of the shielding assembly (60, 70) removable in order to access various parts of the invention with no unexpected result.
Regarding claim 9, Liu teaches that the material of the second shielding member is boron-containing PE material (second shield and third shield may be boron-containing PE, p. 8 paragraph 3).
Liu does not teach that the third shielding member may be PE material.
However Liu teaches that the shield wall may form “any appropriate material” () and so it would have been obvious to one of ordinary skill at the time of the invention to modify the system of Liu to have the shield wall comprise PE, as a matter of selecting a known material based on its art-recognized suitability for radiation shielding with no unexpected result.
Regarding claim 19, Liu teaches all the limitations of claim 1 as described above. Liu teaches that the shielding assembly further comprises a shielding plate (60 or 70).
Liu does not teach that the shielding plate is portable.
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to modify the system of Liu by making the shielding plate portable, as it has been held that making the parts of an invention portable is not sufficient to patentably distinguish over an otherwise old device unless there are new or unexpected result (MPEP 2144.04, V A [R-01.2024]). In this case one of ordinary skill in the art could easily adjust the size and materials of shields 60 or 70 to be portable with no unexpected result.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Ohira (JP 2014052266 A).
Regarding claim 14, Liu teaches that the beam transmission portion comprises a beam collector, the beam direction switcher selectively transmits the charged particle beam to the neutron beam generation portion or the beam collector.
Liu does not teach that the beam transmission shielding assembly comprises a first shielding plate arranged at an end of the beam collector, or a shielding cover arranged at a top of the beam collector, or a shielding sleeve surrounding the beam collector.
Ohira teaches a beam dump device for a neutron beam device having a beam shield structure (121-128) at an end of the beam collector (11).
It would have been obvious to one of ordinary skill in the art on or before the filing date of the invention to put a beam shield at the end of the beam collector of Liu, in order to shield users from any radiation in the beam collector as taught by Ohira.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Liu (US 20180311511 A1, hereinafter Liu 2018).
Regarding claim 20, Liu does not teach that the material of the shielding plate is plumbum material.
Liu 2018 teaches a photon shielding plate made of plumbum material ([0054]).
It would have been obvious to one of ordinary skill in the art on or before the effective filing date of the invention to form the shielding plate of Liu out of plumbum, as Liu 2018 teaches that this is a material recognized as suitable for radiation shields in the art of neutron therapy.
Allowable Subject Matter
Claims 15 and 16 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 does not disclose or make obvious a neutron capture therapy device having a first beam transmission portion and a second beam transmission portion each comprising a beam adjusting portion arranged on a transmission tube and first and second shielding plates arranged on the transmission tubes and each having a plate surface perpendicular to the beam, each of the second shielding plates located downstream of the corresponding beam adjusting portion, and the beam transmission shielding assembly comprising third shielding plates at two sides of the first and second transmission portion in the transmission direction of the particle beam, and at least part of the second shielding plate, a first shielding plate and the third shielding plate are connected together and form a closed space together with the separation wall between an accelerator chamber and a beam transmission chamber.
In the prior art, neutron capture therapy devices having radiation shielding are taught by Taki (EP 2979728 B1), Kusoka (JP 2017-176354 A), Takegawa (JP 2017-158964 A) and Kikuchi (CN 104780975 A), but the references do not teach or disclose a beam transmission shielding assembly for a beam transmission tube and beam adjustment portions as described in claim 15 and the preceding claims, in particular a set of second beam shielding plates on a beam transmission tube downstream of beam adjustment devices and separate from third beam shielding plates, wherein the shielding plates and a separation wall between an accelerator and a beam transmission chamber form a closed space.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E SMITH whose telephone number is (571)270-7096. The examiner can normally be reached M to F 8:30 AM-5:00 PM.
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, Robert Kim can be reached at 22293. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAVID E SMITH/Examiner, Art Unit 2881
Prosecution Insights