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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-3, 13, 18-21, and 36) in the reply filed on November 11, 2025 is acknowledged. The traversal is on the ground(s) that the anode is movable, regardless of the shape or nature of the movement of the anode, such that each of the focal spots on the anode is alignable to receive the electron beam emitted by the cathode arrangement, and this recitation is common to the independent claims. This is not found persuasive because although the anode is movable, in some of the embodiments: the anode is moved longitudinally; in other embodiments, the anode is moved rotationally; in other embodiments, the anode is moved both longitudinally and rotationally. These embodiments concerning movement of the anode are further combined with various structural embodiments where the anode is an elongate member defining a longitudinal axis and having a planar surface extending parallel to the longitudinal axis; or the anode is an elongate member having a longitudinal axis and having a plurality of planar surfaces defining a perimeter thereof, each planar surface extending parallel to the longitudinal axis and having one of the focal spots thereon, and wherein the elongate member is arranged with the longitudinal axis perpendicular to the electron beam and to be rotatable about the longitudinal axis; in some embodiments, at least two of the plurality of planar surfaces comprise different materials having different spectral characteristics; in some embodiments, the anode includes an elongate cylindrical member defining a longitudinal axis and having a cylindrical surface extending parallel to the longitudinal axis, wherein the focal spots are arranged in a linear series, or extending about the perimeter in a plane perpendicular to the longitudinal axis, etc. Claims 9 and 30-31 are drawn to an X-ray source device wherein the cathode emits a plurality of parallel electron beams therefrom, which is not required in the other groups. These are described in the applicants disclosure on page 2, starting with “Example Embodiment 1” through page 9, “Example Embodiment 40”, and claimed in claims 1-40 as described in the previous office action. Given the different movements combined with different structural features being claimed, searching all 40 claims would be an undue burden.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 19 is objected to because of the following informalities: there is a period missing at the end of the claim in line 2. 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.
Claims 13 and 36 are 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 13 recites the limitation "the longitudinal axis" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. It is assumed that claim 13 depends on claim 3 and has been treated as such.
Claim 36 recites the limitation "the longitudinal axis" in each of lines 3 and 4. There is insufficient antecedent basis for this limitation in the claim. It is assumed that claim 36 depends on claim 20 and has been treated as such.
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.
Claims 1-3, 13, 18-21, and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tkaczyk et al. (USPN 9,237,872 B2).
With respect to claim 1, Tkaczyk et al. disclose an X-ray source device (X-ray tube - 100), comprising: a cathode arrangement including a cathode device (110) arranged to emit an electron beam (e-) therefrom; and an anode arrangement including an anode (105) spaced apart from the cathode device at a focal distance thereof and arranged to receive the electron beam from the cathode device at one of a plurality of focal spots thereon, the anode being movable (via linear actuator - 135) such that each of the focal spots (Fig. 6 - multiple anodes 105) is alignable to receive the electron beam.
With respect to claim 18, Tkaczyk et al. disclose a method of forming an X-ray source device (100), comprising: arranging an anode (105) of an anode arrangement in spaced apart relation from a cathode device (110) of a cathode arrangement and at a focal distance thereof, such that the anode receives an electron beam (e-) emitted from the cathode device at one of a plurality of focal spots thereon; and arranging the anode to be movable (via linear actuator - 135) such that each of the focal spots (Fig. 6 - multiple anodes 105) is alignable to receive the electron beam.
With respect to claim 2, Tkaczyk et al. disclose wherein the anode is movable so as to maintain the focal distance of each of the focal spots of the anode from the cathode device (column 6, lines 46-48 - “Anode target 125 presents a constant focal point 120 distance from cathode 110 by parallel movement of anode target 125 with respect to the cathode 110.”).
With respect to claim 3, Tkaczyk et al. disclose wherein the anode (125) includes an elongate member defining a longitudinal axis and having a planar surface extending parallel to the longitudinal axis, wherein the focal spots (120) are arranged on the planar surface in a linear series parallel to the longitudinal axis, and wherein the elongate member is arranged with the longitudinal axis perpendicular to the electron beam (e-) and to be movable along the longitudinal axis (see Fig. 12 - arrow showing movement of elongate anode along the longitudinal axis) such that each focal spot is alignable to receive the electron beam.
With respect to claim 13, Tkaczyk et al. disclose wherein the anode arrangement comprises a stepper actuator in communication with the anode, the stepper actuator being arranged to move the anode along the longitudinal axis thereof or to rotate the anode about the longitudinal axis (column 5, lines 5-26).
With respect to claim 19, Tkaczyk et al. disclose arranging the anode to be movable comprises arranging the anode to be movable while maintaining the focal distance of the anode from the cathode device (column 6, lines 46-48 - “Anode target 125 presents a constant focal point 120 distance from cathode 110 by parallel movement of anode target 125 with respect to the cathode 110.”).
With respect to claim 20, Tkaczyk et al. disclose wherein the anode (125) includes an elongate member defining a longitudinal axis and having a planar surface extending parallel to the longitudinal axis, and wherein the method comprises arranging the focal spots (120) on the planar surface in a linear series parallel to the longitudinal axis.
With respect to claim 21, Tkaczyk et al. disclose wherein arranging the anode (125) to be movable comprises arranging the elongate member with the longitudinal axis perpendicular to the electron beam (e-) and to be movable along the longitudinal axis such that each focal spot is alignable to receive the electron beam (see Fig. 12 - arrow showing movement of elongate anode along the longitudinal axis).
With respect to claim 36, Tkaczyk et al. disclose wherein the anode arrangement comprises a stepper actuator in communication with the anode, and wherein the method comprises arranging the stepper actuator to move the anode along the longitudinal axis thereof or to rotate the anode about the longitudinal axis (column 5, lines 5-26).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schwoebel et al. (USPN 11,123,027 B2) disclose an elongate multi-source X-ray source which is stationary in the horizontal or vertical dimensions and rotates about a rotation axis. Fuller (USPN 11,844,641 B2) discloses an X-ray source with multiple x-ray spot origins controlled such that each slightly separated spot is temporally modulated on and off at differing frequencies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JURIE YUN whose telephone number is (571)272-2497. The examiner can normally be reached 10:30 am - 7:30 pm.
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/JURIE YUN/Primary Examiner, Art Unit 2884
December 18, 2025