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 .
Objected Informalities
The disclosure is objected to because of the following informalities:
In The Claims
Claim 1, line 2, “the object” should be -- an object --.
Appropriate correction is required.
Objected 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, the overlaying the 2D proton image on a cone beam CT of the object as recited in claim 4; the difference between an actual angle of the trajectory and an expected angle of the trajectory using an originating grid point of the particle beam as recited in claim 5; the material configured to stop motion of the proton; the distance traveled by the proton within the material until termination of the proton movement; the distance converted into an incoming proton energy value based on a stopping property of the material; and the incoming proton energy value subtracted from a known initial energy of the proton to determine an amount of energy delivered to the object as recited in claims 7 and 16; and the trajectory is determined based on a detected position of the proton on entry into the material and a detected position of the proton at termination of the proton movement as recited in claims 9 and 18 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.
Rejection under 35 U.S.C. 112, Second Paragraph
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 1-11 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "the object" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Rejection under 35 U.S.C. 102(a)(1)
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 1-6, 10-15 and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swerdloff (2020/0016431).
Swerdloff (2020/0016431) discloses, in figs. 1-9, a system and/or method of particle reconstruction, which includes:
Regarding claims 1, 2, 12, 13, 21,
a proton beam to provide a particle beam having an energy sufficient to fully penetrate an object being imaged (see [0028], [0030], [0032], [0034], [0035], [0038], [0070], [0074], [0075], [0077], [0080], [0081], [0083], [0087], [0088]);
two orthogonal 2D detector arrays (see [0011], [0049], [0072], claim 20) to detect, over a time period, a magnetic field corresponding to a proton of the particle beam in motion (see abstract, [0007], [0008], [0010], [0011], [0044]-[0067], [0071], [0072], [0077]-[0102]);
a processor 313; and memory 324 including instructions (see figs. 7-9), which when executed by the processor 313, cause the processor to:
determine a trajectory of the proton based on the magnetic field over the period of time (see abstract, figs. 3, 5, [0001], [0006], [0008], [0010], [0030], [0034], [0038], [0045], [0047], [0048], [0050], [0055], [0058], [0059], [0065], [0066], [0068], [0070]-[0072], [0077], [0081], [0087], [0089], [0090]);
generate a 2D proton image using the trajectory (see “two dimensional or 2D detector array 114” in figs. 1, 2A-2D, 7 for generating 2D image in [0007], [0038], [0045], [0046], [0059], [0080], [0087]); and
output the 2D proton image for display 780 (see [0080], [0094]).
Regarding claims 3, 14, wherein the proton is a treatment proton (see [0028], [0034], [0035], [0038], [0039], [0041], [0043], [0058], [0059], [0064], [0066], [0068], [0070], [0071], [0081]), and wherein the object is a tumor (see [0029], [0036], [0087]).
Regarding claim 4, wherein outputting the 2D proton image for display includes overlaying the 2D proton image on a cone beam CT of the object (detected magnetic field information may be displayed relative to the expected measurement values and overlaid with medical imaging, such as CT Xray imaging, showing the patient's body including the target region and/or surrounding structures [0038], [0080]).
Regarding claim 5, further comprising applying scattering correction to the 2D proton image based on a difference between an actual angle of the trajectory and an expected angle of the trajectory using an originating grid point of the particle beam (a treatment plan and feedback system is configured so that if the detected charged particle beam measurements fall outside of a given threshold, then the current treatment may be modified in real time, wherein during radiotherapy, the actual measured magnetic field values are be compared to expected values to identify the best match using mathematical techniques like cross-correlation via least squares fit between the measured curve and the calibration curves, and moreover processor circuit 326 compares real-time, processed detector information from radiotherapy system 102 and detection and control system 311 with the predetermined treatment plan for the patient to determine whether the radiotherapy being delivered to patient 123 matches the intended treatment plan for that radiotherapy session and if a variation is detected, the treatment adaptation system TAS 320 may modify the treatment plan wherein controller 315 alters a position of patient 123 via movement of surface 116 or may alter the location, shape, energy, and/or intensity of charged particle beams output from radiation therapy output 104 to alter the location of the end points radiation therapy output 104 such that detector information may be processed in real time and may be used to control the administration of radiotherapy in real time, and thus adaptive feedback correction of both actual and planned beam trajectory angles as well as real-time patient re-positioning referenced within a three dimensional space; figures 1, 7; [0036], [0043], [0051], [ [0055], [0061], [0068], [0077]-[0081], [0089], [0091], [0092]).
Regarding claims 6, 15, wherein the particle beam 108 includes a proton source of radiation therapy system 102 (see [0034], [0035]), and wherein the proton source and the two orthogonal 2D detector arrays 114 are rotated about the object 110 by a gantry 106.
Regarding claims 10, 19, wherein the two orthogonal 2D detector arrays are arranged such that detecting the magnetic field over the period of time includes detecting the magnetic field while the proton is within the object (see the proton 105 within the object 103 in fig. 2, figs. 3, 4, graphically depicts the fall off of the charged particle beam as it extends further into the body. The z-axis depicts the depth along a detector array 114, and the y-axis depicts the magnetic field B, and moreover indicates when the charged particle beam terminated between two detectors, via the Bragg peak, and thus an in vivo beam end point; [0008], [0027], [0030], [0033], [0034], [0047], [0051], [0054], [0055], [0057], [0058], [0059], [0087]).
Regarding claims 11, 20, wherein the two orthogonal 2D detector arrays 114 are arranged such that detecting the magnetic field over the period of time includes detecting the magnetic field after the proton has fully penetrated the object (see figs.2C, 2D, 3, 7, (detector arrays 114 is positioned above patient 103 so that the depth of detector array 114 extends parallel to the trajectory of the charged particle beam as it passes through patient 103, for example, detector array 114 may be positioned several millimeters or several centimeters away from patient 103, and a charged particle beam 108 enters at point 105 and passes through a patient 103 as part of a radiation therapy and imaging system 102; [0038], [0045], [0050], [0051], [0053], [0054], [0057], [0059], [0071], [0072], [0081]).
Claims 7-9 and 16-18 would be allowable if rewritten to overcome objection(s) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The Reasons for Allowable Subject Matter
The prior art fails to disclose a system and/or method of particle reconstruction, which includes detecting a distance traveled by proton within a material until termination of the proton movement; converting the distance into an incoming proton energy value based on a stopping property of the material; and subtracting the incoming proton energy value from a known initial energy of the proton to determine an amount of energy delivered to an object, wherein two orthogonal 2D detector arrays are arranged in an apparatus, the apparatus including the material configured to stop motion of the proton as recited in claims 7 and 16.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Uhlemann et al. (2016/0213951) discloses a magnetic resonance imaging system including a cone beam CT portal imaging.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIET TUAN NGUYEN whose telephone number is (571)272-2479. The examiner can normally be reached on Monday-Friday 8-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert H. Kim can be reached on 571-272-2293. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/KIET T NGUYEN/Primary Examiner, Art Unit 2881
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