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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a controller claimed in claim 40 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, interlock projections and a tongue and groove configuration claimed in claim 44 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a controller claimed in claim 46 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, interlock projections and a tongue and groove configuration claimed in claim 53 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0067], line 7, --810-- should be inserted after “the x-ray detector”.
Appropriate correction is required.
Please note that paragraph numbers in a U. S. Patent Application Publication do not correspond to paragraph numbers in the originally-filed specification. The paragraph numbers mentioned above refer to the originally-filed specification.
Claim Objections
Claims 34-44 are objected to because of the following informalities:
34. (Proposed Amendments) A medical imaging device comprising:
an arm including a first end, a second end, and an arc-shaped curvature between the first end of the arm and the second end of the arm, the arm having a track with a first end and a second end opposite the first end of the track,
wherein the first end of the track is proximate the first end of the arm and the second end of the track is spaced apart from the second end of the arm;
an x-ray detector coupled to the arm at the second end of the arm; and
an x-ray source slidably coupled to the track,
wherein the x-ray source is moveable relative to the arm and between at least a first position on the track and a different from the first position,
wherein in the first position, the x-ray source is disposed proximate the first end of the track and aligned along an imaging axis with the x-ray detector, and in the second position, the x-ray source is disposed away from the first end of the track and out of an alignment with the x-ray detector, and
wherein the first end of the track prevents the x-ray source from extending completely past the first end of the arm.
Appropriate correction is required.
Claims 35-37 are objected to because of the following informalities:
35. (Proposed Amendments) The medical imaging device of claim 34, wherein the second position of the x-ray source on the track is proximate a midpoint of the arm between the first end and the second [[ends]] end of the arm.
Appropriate correction is required.
Claim 39 is objected to because of the following informalities:
39. (Proposed Amendments) The medical imaging device of claim 34, wherein the x-ray detector is rotatably coupled to the second end of the arm.
Appropriate correction is required.
Claim 40 is objected to because of the following informalities:
40. (Proposed Amendments) The medical imaging device of claim 34, further comprising a controller configured to adjust the x-ray source .
Appropriate correction is required.
Claim 42 is objected to because of the following informalities:
42. (Proposed Amendments) The medical imaging device of claim 34, wherein at least a portion of the x-ray source matches [[a]] the arc-shaped curvature (a previously recited limitation in claim 34) of the arm.
Appropriate correction is required.
Claim 44 is objected to because of the following informalities:
44. (Proposed Amendments) The medical imaging device of claim 34, wherein the arm further comprising interlocking projections or a tongue and groove configuration, (a positive recitation of means for attaching)
wherein the x-ray source is coupled to the track by the interlocking projections or the tongue and groove configuration.
Appropriate correction is required.
Claim 46 is objected to because of the following informalities:
46. (Proposed Amendments) The medical imaging device of claim 45, further comprising a controller .
Appropriate correction is required.
Claims 49-52 are objected to because of the following informalities:
49. (Proposed Amendments) The medical imaging device of claim 45, wherein the x-ray source is moveable relative to the x-ray detector between at least a first position on the track and a second position on the track, wherein in the first position, the x-ray source is aligned along the imaging axis, and in the second position, the x-ray source is out of an alignment with the imaging axis.
Appropriate correction is required.
Claims 50-52 are objected to because of the following informalities:
50. (Proposed Amendments) The medical imaging device of claim 49, wherein the second position of the x-ray source is proximate a midpoint of the arm between the first end and the second [[ends]] end of the arm (claim 35).
Appropriate correction is required.
Claim 53 is objected to because of the following informalities:
53. (Proposed Amendments) The medical imaging device of claim 45, wherein the arm further comprising interlocking projections or a tongue and groove configuration, (a positive recitation of means for attaching)
wherein the x-ray source is coupled to the track by the interlocking projections or the tongue and groove configuration.
Appropriate correction is required.
Claim 54 is objected to because of the following informalities:
54. (Proposed Amendments) A method of manufacturing a medical imaging device, the method comprising:
providing an arm including a first end, a second end, and an arc-shaped curvature between the first end of the arm and the second end of the arm;
coupling a track to the arm, the track extending along at least a portion of the arc-shaped curvature, the track having a first end disposed proximate the first end of the arm and a second end opposite the first end of the track spaced apart from the second end of the arm;
coupling an x-ray detector at the second end of the arm such that a position of the x-ray detector is fixed relative to the arm; and
coupling an x-ray source to the track so that, in use, the x-ray source is slidably coupled along a length of the [[track]] track, and when the x-ray source is positioned proximate the first end of the track, the x-ray source and the x-ray detector are aligned along an imaging axis, and when aligned the x-ray source is configured to be at a predetermined constant source-to-image receptor distance from the x-ray detector, and
wherein the x-ray source is slidable relative to the arm towards the second end of the track and the x-ray detector.
Appropriate correction is required.
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.
(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.
Claims 45-47, 49, 53, and 54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Timmermans et al. (U. S. Patent No. 7,585,110 B2).
With respect to claim 45, Timmermans et al. disclosed a medical imaging device comprising:
an arm (12) including a first end (S2), a second end (S1), and an arc-shaped curvature between the first end of the arm and the second end of the arm,
wherein the arm includes a track (38) that has a first end proximate the first end of the arm and a second end spaced apart from the second end of the arm;
an x-ray detector (18) fixed to the second end of the arm; and
an x-ray source (20) slidably coupled along a length of the track,
wherein when the x-ray source is positioned proximate the first end of the track, the x-ray source and the x-ray detector are aligned along an imaging axis, and when aligned the x-ray source is configured to be at a predetermined constant source-to-image receptor distance from the x-ray detector (FIG. 1 and FIG. 4), and
wherein the x-ray source is slidable (by an auxiliary arm 16) relative to the arm towards the second end of the track and the x-ray detector.
With respect to claim 46, Timmermans et al. disclosed the medical imaging device of claim 45, further comprising a controller (36) configured to automatically position the x-ray source along the length of the track (column 5, lines 13-18).
With respect to claim 47, Timmermans et al. disclosed the medical imaging device of claim 45, further comprising a locking device (36) to secure a position of the x-ray source along the length of the track (column 5, lines 13-18).
With respect to claim 49, Timmermans et al. disclosed the medical imaging device of claim 45, wherein the x-ray source is moveable relative to the x-ray detector between at least a first position on the track and a second position on the track, wherein in the first position, the x-ray source is aligned along the imaging axis (FIG. 1 and FIG. 4), and in the second position, the x-ray source is out of an alignment with the imaging axis (the x-ray source and the x-ray detector are individually movable, column 5, lines 13-18).
With respect to claim 53, Timmermans et al. disclosed the medical imaging device of claim 45, The medical imaging device of claim 45, wherein the arm further comprising interlocking projections or a tongue and groove configuration (FIG. 5),
wherein the x-ray source is coupled to the track by the interlocking projections or the tongue and groove configuration.
With respect to claim 54, Timmermans et al. disclosed A method of manufacturing a medical imaging device, the method comprising:
providing an arm (12) including a first end (S2), a second end (S1), and an arc-shaped curvature between the first end of the arm and the second end of the arm;
coupling a track (38) to the arm, the track extending along at least a portion of the arc-shaped curvature, the track having a first end disposed proximate the first end of the arm and a second end opposite the first end of the track spaced apart from the second end of the arm;
coupling an x-ray detector (18) at the second end of the arm such that a position of the x-ray detector is fixed relative to the arm; and
coupling an x-ray source (20) to the track so that, in use, the x-ray source is slidably coupled (by an auxiliary arm 16) along a length of the track, and when the x-ray source is positioned proximate the first end of the track, the x-ray source and the x-ray detector are aligned along an imaging axis, and when aligned the x-ray source is configured to be at a predetermined constant source-to-image receptor distance from the x-ray detector (FIG. 1 and FIG. 4), and
wherein the x-ray source is slidable relative to the arm towards the second end of the track and the x-ray detector.
Allowable Subject Matter
Claims 48 and 50-52 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:
With respect to claims 34-44, Timmermans et al. (U. S. Patent No. 7,585,110 B2) disclosed a medical imaging device comprising:
an arm (12) including a first end (S2), a second end (S1), and an arc-shaped curvature between the first end of the arm and the second end of the arm, the arm having a track (38) with a first end and a second end opposite the first end of the track,
wherein the first end of the track is proximate the first end of the arm and the second end of the track is spaced apart from the second end of the arm;
an x-ray detector (18) coupled to the arm at the second end of the arm; and
an x-ray source (20) slidably coupled to the track,
wherein the x-ray source is moveable relative to the arm and between at least a first position on the track and a second position on the track different from the first position, and
wherein in the first position, the x-ray source is disposed proximate the first end of the track and aligned along an imaging axis with the x-ray detector (FIG. 4).
However, the prior art failed to disclose or fairly suggested that medical imaging device further comprising:
an x-ray source slidably coupled to the track,
wherein the x-ray source is moveable relative to the arm and between at least a first position on the track and a second position on the track different from the first position,
wherein in the second position, the x-ray source is disposed away from the first end of the track and out of an alignment with the x-ray detector, and
wherein the first end of the track prevents the x-ray source from extending completely past the first end of the arm.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allen C. Ho whose telephone number is (571) 272-2491. The examiner can normally be reached Monday - Friday 10AM - 6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David J. 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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Allen C. Ho, Ph.D.
Primary Examiner
Art Unit 2884
/Allen C. Ho/Primary Examiner, Art Unit 2884