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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/13/2026 has been entered.
Response to Amendment
This office action is in response to the communications filed on 01/16/2026 and 02/13/2026, concerning Application No. 18/446,152. The amendments to the claims filed on 01/16/2026 are acknowledged. Presently, claims 1 and 3-5 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a stage unit for adjusting a position of the target area corresponding to the nanoparticle” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The claim limitation “a stage unit” in claim 1 does not seem to have any corresponding structure described in the originally filed specification filed on 08/08/2023 that performs the claimed function of “adjusting a position of the target area corresponding to the nanoparticle”. Therefore, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function, and therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as further set forth below.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 limitation “a stage unit for adjusting a position of the target area corresponding to the nanoparticle” in claim 1 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, as set forth above. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The claim limitation “a stage unit” in claim 1 does not seem to have any corresponding structure described in the originally filed specification filed on 08/08/2023 that performs the claimed function of “adjusting a position of the target area corresponding to the nanoparticle”. Page 9, lines 2-13 of the originally filed specification filed on 08/08/2023 states “The stage unit 120 may adjust a position of the target area of the magnetic particle imaging unit 110 corresponding to the nanoparticle. In an exemplary embodiment, the stage unit 120 may include a fixing member for seating the user, and move the fixing member in a horizontal direction (x-axis, y-axis) in order to a therapy position of the magnetic particle imaging unit 110 for the user. Further, the stage unit 120 may adjust the magnetic particle imaging unit 110 in a height direction (z-axis) to adjust a separation distance of the magnetic particle imaging unit 110 from the user”, but the specification does not specifically disclose the corresponding structure, material, or acts for performing the entire claimed function of “adjusting a position of the target area corresponding to the nanoparticle”. Therefore, claim 1 is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. For examination purposes, the limitation “stage unit” is interpreted as being a patient table/couch/bed/etc. in combination with a motor/actuator/etc. and a processor/computer/etc. that together are capable of moving the patient table/couch/bed/etc. (i.e., a processor/computer/etc. sending signals/data to a motor/actuator/etc.), and equivalents thereof.
Dependent claims 3-5 are also rejected under 35 U.S.C. 112(b) due to the dependency from claim 1.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 103
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 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 1 and 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn (US 2011/0306870 A1, of record, cited in the applicant’s IDS filed on 08/08/2023, hereinafter Kuhn) in view of Diamond et al. (US 2017/0067972 A1, of record, with publication date 03/09/2017, hereinafter Diamond), further in view of Timinger (US 2011/0234217 A1, of record, cited in the applicant’s IDS filed on 08/08/2023, hereinafter Timinger), and even further in view of Braun et al. (US 2016/0092078 A1, herein newly cited by the Examiner, with publication date 03/31/2016, hereinafter Braun).
Regarding claim 1, Kuhn discloses an apparatus for a nanoparticle thermal therapy based on an open magnetic particle image (see, e.g., Fig. 2 and Abstract), the apparatus comprising:
a selection coil (magnetic field generation means 238) generating a field free point (FFP) for a nanoparticle in a first direction (see, e.g., Fig. 2, and Para. [0013], “Such focusing can be achieved with a new approach called focused magnetic particle therapy, which uses magnetic gradient fields to create a very small spot in which the RF excitation can lead to particle heating. Particles in all other locations are in saturation and will thus not respond to the RF excitation. This method is related to a new imaging method called magnetic particle imaging. The so-called "field-free-point", which is the minimum focus achievable with this approach, can be made isotropic or spherical, with a diameter in the order of 1 mm”, and Para. [0071], “The apparatus further comprises a magnetic field generation means 238. This is used to generate the large magnetic fields that are used for magnetic resonance imaging, magnetic particle imaging, and/or the focused magnetic particle therapy. This can be a superconducting magnet or it can be an electromagnet. It can also contain elements consisting of permanent magnets”);
a focus coil (magnetic field gradient coil 254) generating a magnetic field (see, e.g., Fig. 2, and Para. [0073], “There is also a magnetic particle imaging and/or focused magnetic particle therapy magnetic field gradient coil 254 for creating the magnetic field gradients necessary for performing magnetic particle imaging or focused magnetic particle therapy. […] The particle imaging and/or focused magnetic particle therapy magnetic field gradient coil in this embodiment 254 are adapted such that they are able to effectively counteract the magnetic field of the magnetic field generation means 238. Both magnetic particle imaging and focused magnetic particle therapy rely on the ability to cancel out the total sum of all static and gradient magnetic fields in a small volume”);
a heating coil (first heating means 104, 204, and particle heating means 110, 230, 232, 234, 236, 238) heating the nanoparticle in a target area based on the FFP in the second direction (see, e.g., Fig. 2, and Para. [0013], “This method is related to a new imaging method called magnetic particle imaging. The so-called "field-free-point", which is the minimum focus achievable with this approach, can be made isotropic or spherical, with a diameter in the order of 1 mm. Depending on the protocol, heat diffusion can lead to a slight enlargement of this minimum ablation volume”, and Para. [0032-0037], and Para. [0069], “The first heating means can be implemented using a variety of methods, such as high-intensity focused ultrasound, microwave radiation or radio frequency radiation. The particle heating means can be used to heat particles using a changing magnetic field or a radio frequency field”, and Para. [0070], “FIG. 2 shows another embodiment of a therapeutic apparatus according to the invention. This figure is also a functional diagram. The embodiment shown in this figure incorporates high-intensity focused ultrasound, magnetic resonance imaging, magnetic particle imaging, and focused magnetic particle therapy. In this embodiment there is a subject 200 resting on a subject support 202. There is a high-intensity focused ultrasound unit 204 which directs ultrasound into the subject 200”, and Para. [0071-0073], and Para. [0081], “Step 302 is controlling a particle heating means adapted for heating magnetic nanoparticles within a second region”, and Disclosed Claim 1, lines 1-11, “A therapeutic apparatus for treating a subject (100, 200) comprising: a first heating means (104, 204, 506, 606, 706) adapted for heating a first region (106, 206) of the subject, a first control means (108) for controlling the power directed into the first region by the first heating means such that the power stays below a threshold value, a particle heating means (110, 230, 232, 234, 236,238, 512, 612, 712) adapted for heating magnetic nanoparticles (114) within a second region (112,212) of the subject using a time varying magnetic field”; also see, e.g., Fig. 1 with Para. [0069]); and
a stage unit (see, e.g., Figs. 1-2, and Para. [0069], “FIG. 1 shows a functional diagram of an embodiment of a therapeutic apparatus. A subject 100 is resting on a subject support 102”, and Para. [0070], “In this embodiment there is a subject 200 resting on a subject support 202”),
wherein a position of the target area is adjusted corresponding to the nanoparticle (see, e.g., Figs. 1-2, and Para. [0080], “The image data is acquired in imaging zone 214. The ultrasound has been focused to a region known as the first region 206. Within the first region the region 212 is identified. The target zone 216 is identified and then the therapy is planned to control the location of the second region 212 such that the entire target zone 216 is treated. In this example the target zone 216 is larger than the second region 212. During the course of therapy the second region 212 is moved such that the entire target zone 216 is treated” (emphasis added)),
wherein the selection coil (238) includes a lower selection coil and an upper selection coil positioned on the lower selection coil (see, e.g., Para. [0071], and Fig. 2, where the magnetic field generation means 238 is shown to include a lower magnetic field generation means 238 positioned under the subject 200, and include an upper magnetic field generation means 238 positioned above the subject 200),
wherein the focus coil (254) includes a lower focus coil and an upper focus coil on the lower focus coil (see, e.g., Para. [0073], and Fig. 2, where the magnetic field gradient coil 254 is shown to include a lower magnetic field gradient coil 254 positioned under the subject 200, and include an upper magnetic field gradient coil 254 positioned above the subject 200),
wherein the heating coil (first heating means 104, 204, and particle heating means 110, 230, 232, 234, 236, 238) includes a lower heating coil (first heating means 104, 204) and an upper heating coil (particle heating means 110, 230, 232, 234, 236, 238) positioned on the lower heating coil (104, 204) (see, e.g., Para. [0013], [0032-0037], [0069-0073], and [0081], and Disclosed Claim 1, lines 1-11, and Fig. 1, where the heating means is shown to include a lower first heating means 104 positioned under the subject 100, and include an upper particle heating means 110 positioned above the subject 100, and Fig. 2, where the heating means is shown to include a lower first heating means 204 positioned under the subject 200, and include an upper particle heating means 230, 232, 234, 236, 238 positioned above the subject 200),
wherein the lower focus coil (254) is positioned on the lower selection coil (238) (see, e.g., Para. [0073], and Fig. 2, where the lower magnetic field gradient coil 254 positioned under the subject 200 is shown to be positioned on top of / above the lower magnetic field generation means 238 also positioned under the subject 200, when viewing the figure),
wherein the lower heating coil (104, 204) is positioned on the lower focus coil (254) (see, e.g., Para. [0070-0073], and Fig. 2, where the lower first heating means 204 positioned under the subject 200 is shown to be positioned on top of / above the lower magnetic field gradient coil 254 also positioned under the subject 200, when viewing the figure),
wherein the upper focus coil (254) is positioned on the upper heating coil (110, 230, 232, 234, 236, 238) (see, e.g., Para. [0070-0073], and Fig. 2, where the upper magnetic field gradient coil 254 positioned above the subject 200 is shown to be positioned on top of / above the upper particle heating means 230, 232, 234, 236 also positioned above the subject 200, when viewing the figure),
wherein the upper selection coil (238) is positioned on the upper focus coil (254) (see, e.g., Para. [0073], and Fig. 2, where the upper magnetic field generation means 238 positioned above the subject 200 is shown to be positioned on top of / above the upper magnetic field gradient coil 254 also positioned above the subject 200, when viewing the figure), and
wherein a field of view is formed between the lower heating coil (104, 204) and the upper heating coil (110, 230, 232, 234, 236, 238) (see, e.g., Figs. 1-2, and Para. [0069], “FIG. 1 shows a functional diagram of an embodiment of a therapeutic apparatus. A subject 100 is resting on a subject support 102. There is a first heating means 104 which is used for heating a first region 106 of the subject 100. There is a first control means 108 that controls the first heating means 104 such that the temperature of the first region 106 stays below a threshold. There is a particle heating means 110 which heats magnetic nanoparticles within the second region 114. The second region 112 is the area in which the particle heating means 110 is able to heat the magnetic nanoparticles. […] This figure demonstrates how the combination of the first heating means 104 and the particle heating means 110 can be used to precisely heat and treat a subject 100”, and Para. [0080], “The image data is acquired in imaging zone 214. The ultrasound has been focused to a region known as the first region 206. Within the first region the region 212 is identified. The target zone 216 is identified and then the therapy is planned to control the location of the second region 212 such that the entire target zone 216 is treated. In this example the target zone 216 is larger than the second region 212. During the course of therapy the second region 212 is moved such that the entire target zone 216 is treated”),
wherein the stage unit includes a fixing member (subject support 102, 202) for seating a user (subject 100, 200) (see, e.g., Figs. 1-2, and Para. [0069], “FIG. 1 shows a functional diagram of an embodiment of a therapeutic apparatus. A subject 100 is resting on a subject support 102”, and Para. [0070], “In this embodiment there is a subject 200 resting on a subject support 202”), and
wherein the nanoparticle is heated in a first time interval and a temperature of the nanoparticle is measured in a second time interval, and wherein a third time interval between the first time interval and the second time interval includes a relaxation time (see, e.g., Para. [0055], “controlling a first heating means adapted for heating a first region of a subject such that a power directed into the first region by the first heating means stays below a threshold value, and controlling a particle heating means adapted for heating magnetic nanoparticles within a second region using a time-varying magnetic field”, and Para. [0081], “In step 300 a first heating means is controlled such that a first region of the subject is heated such that the power directed into the first region by the heating means stays below a threshold value. Step 302 is controlling a particle heating means adapted for heating magnetic nanoparticles within a second region. […] a means for measuring the temperature within the first region can be used to actively control the power delivered to the first region to precisely control the temperature increase within the first region caused by the first heating means”, where a step of heating the magnetic nanoparticles is disclosed, and where a step of monitoring the temperature of the target zone being heated is disclosed).
Kuhn does not specifically disclose [1] wherein the focus coil moves the FFP in a second direction; [2] wherein the stage unit is specifically for adjusting a position of the target area corresponding to the nanoparticle; [3] wherein the lower selection coil and the upper selection coil are positioned with opposite magnetisms; and [4] wherein the fixing member (of the stage unit) moves in a horizontal direction comprising x-axis and y-axis directions.
However, in the same field of endeavor of magnetic particle imaging, Diamond discloses an apparatus for a nanoparticle thermal therapy based on an open magnetic particle image, the apparatus comprising: a focus coil generating a magnetic field and moving the FFP in a second direction (see, e.g., Para. [0111], “The characteristic features of magnetic particle imaging (MPI), the most salient prior magnetic nanoparticle imaging technique, is that in MPI, strong DC or slowly changing gradients are used to encode position—usually by dividing the imaging zone into a relatively small unsaturated zone and larger fully-saturated zone or zones—and the AC field is used to probe the quantity of magnetic particles in the unsaturated zone using magnetic sensors. This unsaturated zone can be a point (a field free point FFP), a field-free line (FFL), a field-free surface, or other geometry. […] At each magnet 702, 704, there are additional electromagnets, such as vertical coils 714 and gradient coils 716 configured such that when they are appropriately energized the field free or unsaturated zone 720 can be shifted in multiple axes to alternative field free zone positions 722, 724, 726, as known in the art of MPI”, where the field free point is shifted/moved when the coils are appropriately energized/magnetized, which is “known in the art of MPI”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Kuhn by including [1] wherein the focus coil moves the FFP in a second direction, as disclosed by Diamond. One of ordinary skill in the art would have been motivated to make this modification in order to provide an MPI apparatus upgraded with phase and intermodulation product resolution enhancement, as recognized by Diamond (see, e.g., Para. [0111]).
Kuhn modified by Diamond still does not specifically disclose [2] wherein the stage unit is specifically for adjusting a position of the target area corresponding to the nanoparticle; [3] wherein the lower selection coil and the upper selection coil are positioned with opposite magnetisms; and [4] wherein the fixing member (of the stage unit) moves in a horizontal direction comprising x-axis and y-axis directions.
However, in the same field of endeavor of magnetic particle imaging, Timinger discloses wherein the selection coil (selection means 210) includes a lower selection coil and an upper selection coil (first pair of coils 210’, 210”) positioned on the lower selection coil, and wherein the lower selection coil (210”) and the upper selection coil (210’) are positioned with opposite magnetisms (see, e.g., Figs. 1-2, and Para. [0034], “an arrangement 10 is shown in FIG. 2 comprising a plurality of coils forming a selection means 210 whose range defines the region of action 300 which is also called the region of treatment 300. For example, the selection means 210 is arranged above and below the patient 350 or above and below the table top. For example, the selection means 210 comprise a first pair of coils 210', 210'', each comprising two identically constructed windings 210' and 210'' which are arranged coaxially above and below the patient 350 and which are traversed by equal currents, especially in opposed directions. The first coil pair 210', 210'' together are called selection means 210 in the following. Preferably, direct currents are used in this case. The selection means 210 generate a magnetic selection field 211 which is in general a gradient magnetic field which is represented in FIG. 2 by the field lines. […] In a first sub-zone 301 or region 301 which is denoted by a dashed line around the field-free point the field strength is so small that the magnetization of particles 100 present in that first sub-zone 301 is not saturated, whereas the magnetization of particles 100 present in a second sub-zone 302 (outside the region 301) is in a state of saturation. […] By changing the position of the two sub-zones 301, 302 within the region of action 300, the (overall) magnetization in the region of action 300 changes. By measuring the magnetization in the region of action 300 or a physical parameters influenced by the magnetization, information about the spatial distribution of the magnetic particles in the region of action can be obtained”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the apparatus of Kuhn modified by Diamond by including [3] wherein the lower selection coil and the upper selection coil are positioned with opposite magnetisms, as disclosed by Timinger. One of ordinary skill in the art would have been motivated to make this modification in order to desirably obtain information about the spatial distribution of the magnetic particles in the region of action, and in order to set the gradient strength in the desired direction, as recognized by Timinger (see, e.g., Para. [0034] and [0050]).
Kuhn modified by Diamond and Timinger still does not specifically disclose [2] wherein the stage unit is specifically for adjusting a position of the target area corresponding to the nanoparticle; and [4] wherein the fixing member (of the stage unit) moves in a horizontal direction comprising x-axis and y-axis directions.
However, in the same field of endeavor of medical imaging of a patient supported on a patient table/couch/etc., Braun discloses a stage unit (table base 4, patient table 6, computer 12 including control unit 19) for adjusting a position of the target area (i.e., “the target area” interpreted as an area of the body in which the body/user/patient/etc. is being imaged), wherein the stage unit (4, 6, 12, 19) includes a fixing member (patient table 6) for seating a user (patient 3), and the fixing member (6) moves in a horizontal direction comprising x-axis and y-axis directions (see, e.g., Para. [0103], “a patient 3 is lying on a patient table 6 during the recording of projections. The patient table 6 is connected to a table base 4 such that that the said base 4 supports the patient table 6 together with the patient 3. The patient table 6 is designed so as to move the patient 3 along a recording direction through the aperture 10 in the recording unit 17”, and Para. [0105], “a control unit 19 is integrated into the computer 12 and transmits a control signal 20 for positioning POS the patient table 6. The positioning signal 20 is transmitted, for example, to a motor for moving the patient table 6. The movement can take place both along the system axis 5, that is to say horizontally, and also perpendicular to the system axis 5, in particular vertically. The movements of the patient table 6 in different spatial directions can take place independently of each other in this respect”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the apparatus of Kuhn modified by Diamond and Timinger (i.e., modifying the subject support/table/etc. as taught by Kuhn) by including [2] wherein the stage unit is specifically for adjusting a position of the target area; and [4] wherein the fixing member (of the stage unit) moves in a horizontal direction comprising x-axis and y-axis directions, as disclosed by Braun. One of ordinary skill in the art would have been motivated to make this modification in order to desirably move the patient that is positioned on the patient table, as recognized by Braun (see, e.g., Para. [0103] and [0105]).
Regarding claim 3, Kuhn modified by Diamond, Timinger, and Braun discloses the apparatus of claim 1, as set forth above. Kuhn further discloses the apparatus further comprising:
a first excitation coil (magnetic resonance imaging transceiver coil 232) for oscillating the nanoparticle (see, e.g., Fig. 2, and Para. [0072], “There is also a magnetic resonance imaging transceiver coil 232 which is used for the excitation of nuclei during magnetic resonance imaging”); and
a receiver coil for detecting a signal for the nanoparticle (see, e.g., Para. [0094], “Element 730 comprises a magnetic resonance receive coil and electronics. Element 730 receives the magnetic resonance imaging data and feeds them to element 728. Element 728 reconstructs magnetic resonance images from the magnetic resonance imaging data. The system backend and workstation 700 comprises a module element 736 for motion detection and target tracking with magnetic resonance imaging and an element 738 for three-dimensional temperature monitoring based on magnetic resonance thermometric imaging. Both of these elements receive the reconstructed MRI data from the magnetic resonance imaging reconstruction element 728. Both elements 736 and 738 can be implemented as software modules”).
Regarding claim 4, Kuhn modified by Diamond, Timinger, and Braun discloses the apparatus of claim 3, as set forth above. Kuhn further discloses the apparatus further comprising: a second excitation coil (magnetic resonance imaging transceiver coil 232) generating a first induced voltage having an opposite polarity to a second induced voltage generated by the first excitation coil; and an attenuation coil configured in a first winding direction which is opposite to a second winding direction of the receiver coil (see, e.g., Fig. 2, and Para. [0072], “There is also a magnetic resonance imaging transceiver coil 232 which is used for the excitation of nuclei during magnetic resonance imaging”, and Para. [0073], “There is also a magnetic particle imaging and/or focused magnetic particle therapy magnetic field gradient coil 254 for creating the magnetic field gradients necessary for performing magnetic particle imaging or focused magnetic particle therapy. […] The particle imaging and/or focused magnetic particle therapy magnetic field gradient coil in this embodiment 254 are adapted such that they are able to effectively counteract the magnetic field of the magnetic field generation means 238. Both magnetic particle imaging and focused magnetic particle therapy rely on the ability to cancel out the total sum of all static and gradient magnetic fields in a small volume”, where the disclosed apparatus is configured to cancel out the total sum of all static and gradient magnetic fields in the target zone, such that the coils generate opposite polarities and have opposite winding directions).
Regarding claim 5, Kuhn modified by Diamond, Timinger, and Braun discloses the apparatus of claim 3, as set forth above. Kuhn further discloses wherein the detected signal of the receiver coil is used for measuring a temperature of the nanoparticle (see, e.g., Para. [0094], “Element 730 comprises a magnetic resonance receive coil and electronics. Element 730 receives the magnetic resonance imaging data and feeds them to element 728. Element 728 reconstructs magnetic resonance images from the magnetic resonance imaging data. The system backend and workstation 700 comprises a module element 736 for motion detection and target tracking with magnetic resonance imaging and an element 738 for three-dimensional temperature monitoring based on magnetic resonance thermometric imaging. Both of these elements receive the reconstructed MRI data from the magnetic resonance imaging reconstruction element 728. Both elements 736 and 738 can be implemented as software modules”).
Response to Arguments
Applicant’s arguments, see Remarks filed 01/16/2026, with respect to independent claim 1 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. As set forth above, claim 1 is now rejected under 35 U.S.C. 103 as being unpatentable over Kuhn (US 2011/0306870 A1) in view of Diamond et al. (US 2017/0067972 A1), further in view of Timinger (US 2011/0234217 A1), and even further in view of Braun et al. (US 2016/0092078 A1, herein newly cited by the Examiner).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR DEUTSCH whose telephone number is (571)272-0157. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/T.D./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798