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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 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) 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):
(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). The presumption that the claim limitation is interpreted under 35 U.S.C. § 112(f) 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). The presumption that the claim limitation is not interpreted under 35 U.S.C. § 112(f) 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), 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) 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) 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. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. § 112(f), it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. § 112(f), Applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. § 112(f) (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).
Claims 1-3
Claims 1-3 are interpreted under 35 U.S.C. § 112(f).
Regarding claims 1-3, in each claim, the limitation “measurement unit” uses the generic placeholder “unit” 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. Accordingly, this limitation is interpreted under 35 U.S.C. § 112(f) as corresponding to irradiation unit, imaging unit, holding unit, wherein the irradiation unit is an x-ray source, wherein the imaging unit is an X-ray CCD or CMOS camera, or a scintillator and a CCD or CMOS Camera for imaging the scintillation light, wherein the holding unit is interpreted as corresponding to any means capable of performing the claimed function because no corresponding structure is described in Applicant’s specification (Applicant’s specification, ¶¶ 15-20) and equivalents thereof.
Similarly, in each claim, the limitation “operation unit” uses the generic placeholder “unit” 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. Accordingly, this limitation is interpreted under 35 U.S.C. § 112(f) as corresponding to a computer comprising a CPU and a memory (Applicant’s specification, ¶ 22) and equivalents thereof.
Claim Rejections — 35 U.S.C. § 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.
Claims 1-3
Claims 1-3 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 1-3, for each claim:
One or more claim limitations invoke 35 U.S.C. § 112(f). 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, as described above. Therefore, the claim is indefinite and is rejected under 35 U.S.C. § 112(b).
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);
(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 U.S.C. § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. §§ 102–-----103 (or as subject to pre-AIA 35 U.S.C. §§ 102–103) 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 1-6
Claims 1-6 are rejected under 35 U.S.C. §§ 102(a)(1)-(a)(2) as being anticipated by La Riviere (US 2014/0301528 A1).
Claim 1
Regarding claim 1, La Riviere discloses an element distribution measurement apparatus (¶¶ 18, 67, Fig. 7) for measuring a distribution of a content rate of each element contained in a measurement sample, the apparatus comprising: a measurement unit configured to acquire projection data by making rays of radiation of each of a plurality of monochromatic spectra in a band including X-rays and γ-rays incident on a measurement sample (claim 2); and an operation unit configured to obtain a distribution of a content rate of each element contained in the measurement sample based on a distribution of a linear attenuation coefficient of the measurement sample obtained for each of the plurality of monochromatic spectra based on the projection data acquired by the measurement unit, and a formula (formula 3 in ¶ 39) of the linear attenuation coefficient represented by using a value of a mass attenuation coefficient of each element, a value of an atomic weight of each element, a variable of the content rate of each element, and a variable of a density of the measurement sample for each of the plurality of monochromatic spectra (¶¶ 37-42; claims 2-6),
wherein the measurement unit is an irradiation unit, imaging unit, and a holding unit, wherein the irradiation unit is an x-ray source (¶ 45), wherein the imaging unit is a scintillator and a CCD camera for imaging the scintillation light (¶ 45), wherein the holding unit is an imaging stage (¶ 18),
wherein the operation unit is a computer comprising a CPU (processing unit) and a memory (memory unit; ¶ 83).
Claim 2
Regarding claim 2, see the rejection of claim 1 above, substituting polychromatic spectra as recited in claim 5 of La Riviere for the monochromatic spectra relied upon in the rejection of claim 1.
Claim 3
Regarding claim 3, see the rejections of claims 1-2 above for both monochromatic spectra (claim 1) and polychromatic spectra (claim 2).
Claims 4-6
Regarding claims 4-6, see the rejections of claims 1-3 above, respectively, mutatis mutandis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
In particular, Chen (US 2020/0342601 A1) discloses an element distribution measurement apparatus for measuring a distribution of each element contained in a measurement sample (test object), the apparatus comprising: a measurement unit (CT scanner) for acquiring projection data by making rays of radiation of each of a plurality of monochromatic spectra in a band including X-rays (dual-energy CT scanning) incident on a measurement sample (test object); and an operation unit (computer) for obtaining a distribution of each element contained in the measurement sample based on a distribution of an attenuation coefficient (µ) of the measurement sample obtained for each of the plurality of monochromatic spectra based on the projection data acquired by the measurement unit, and a formula of the attenuation coefficient represented by using a value of an atomic weight (A) of each element, and a variable of a density (ρ) of the measurement sample for each of the plurality of monochromatic spectra (Abstract; ¶¶ 14-46; claim 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE RIDDICK whose telephone number is (571)270-1865. The examiner can normally be reached M - Th 6:30 am - 5:00 pm ET, with flexible scheduling.
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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.
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Blake C. Riddick, Ph.D.
Primary Examiner
Art Unit 2884
/BLAKE C RIDDICK/ Primary Examiner, Art Unit 2884