Prosecution Insights
Last updated: July 17, 2026
Application No. 18/411,300

SPATIALLY FRACTIONATED RADIOTHERAPY METHOD AND APPARATUS

Non-Final OA §103
Filed
Jan 12, 2024
Examiner
THOMAS, COURTNEY D
Art Unit
Tech Center
Assignee
Siemens Healthineers AG
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
819 granted / 919 resolved
+29.1% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
25 currently pending
Career history
933
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
40.0%
+0.0% vs TC avg
§102
7.9%
-32.1% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 919 resolved cases

Office Action

§103
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 § 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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hirvonen et al. (U.S. Patent Application Publication 20220001203). Claims 1 and 11 are rejected together because claim 11 recites a control circuit configured to perform substantially the same operations recited in claim 1. As per claims 1 and 11, Hirvonen et al. disclose a method and corresponding apparatus comprising the step(s) of: accessing a three-dimensional representation of the patient's target volume (paras. [0051], [0058]); overlapping a grid comprised of lattice radiotherapy vertices with the three-dimensional representation of the patient's target volume to provide a first resultant patient's target volume representation, wherein the treatment target is filled with a distribution of peaks arranged as a hexagonal lattice that may extend outside the target boundaries, the peaks defining spot locations for radiation treatment planning (paras. [0048], [0063], [0071]); removing at least some of the lattice radiotherapy vertices that are located exterior to the first resultant patient's target volume representation to provide a second resultant patient's target volume representation, wherein peaks outside the target shape vanish and no peaks are maintained outside the target boundary (paras. [0061], [0071]); and moving at least some of the lattice radiotherapy vertices that are located interior of the second resultant patient's target volume representation to provide a third resultant patient's target volume representation, wherein peaks within the target shape move and are rearranged to conform to the target boundaries (paras. [0068], [0071]). To the extent Hirvonen’s lattice peaks and corresponding spot locations are not considered the claimed lattice radiotherapy vertices, it would have been obvious to utilize lattice radiotherapy vertices as the discrete lattice treatment locations of Hirvonen et al. because Hirvonen et al. teach peaks arranged in a lattice that define spot locations for radiation treatment planning (paras. [0048], [0063], [0071]). Claims 2 and 12 recite accessing a three-dimensional mesh representation. These features constitute a conventional and predictable manner of storing and processing target-volume geometry for boundary-conforming geometric operations. It would have been obvious to employ a mesh representation for the Hirvonen et al. target shape because mesh representations provide a known way to describe the shape and boundaries of a three-dimensional object. Claims 3-5 and 13-15 recite a three-dimensional cubic grid or a three-dimensional hexagonal grid, removing all lattice radiotherapy vertices located exterior to the target volume representation, and co-locating lattice radiotherapy vertices with grid nodes. These features constitute conventional techniques for defining, positioning, and maintaining lattice treatment locations within a target volume. Hirvonen et al. teach a hexagonal lattice arrangement of treatment locations and that peaks outside the target shape vanish and are not maintained outside the target boundary (paras. [0061], [0071]). To the extent a cubic lattice arrangement or placement at grid nodes is not expressly disclosed, it would have been obvious to employ such lattice arrangements because regular lattice patterns provide a known way to place treatment locations throughout a target volume. Claims 6-8 and 16-18 recite moving lattice radiotherapy vertices to nodes of a centroidal Voronoi tessellation, generating the centroidal Voronoi tessellation as a function of Lloyd's algorithm, and generating the centroidal Voronoi tessellation as a function of minimizing an objective function. These features constitute geometric optimization techniques for redistributing treatment locations within a target volume. It would have been obvious to employ centroidal Voronoi tessellations, Lloyd's algorithm, and objective-function minimization because such techniques provide known ways to improve the placement of treatment locations within a target volume. Claims 9-10 and 19-20 recite optimizing a lattice radiotherapy treatment plan as a function of the resultant target-volume representation and administering radiation treatment according to the optimized treatment plan. These features constitute treatment-plan generation and execution based upon the resulting treatment-location distribution. Hirvonen teaches determining treatment locations for radiation treatment planning and generating treatment plans based upon those locations (paras. [0048], [0063]). Administering radiation treatment according to the resulting treatment plan would have been obvious because treatment plans are generated for the purpose of delivering radiation treatment to a patient. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY D THOMAS whose telephone number is (571)272-2496. The examiner can normally be reached M-F: 9 AM - 5 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, 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. 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. /COURTNEY D THOMAS/Primary Examiner, Art Unit 2884
Read full office action

Prosecution Timeline

Jan 12, 2024
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
98%
With Interview (+9.1%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 919 resolved cases by this examiner. Grant probability derived from career allowance rate.

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