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 without traverse of claims 1-15 in the reply filed on 9/2/2026 is acknowledged.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albert U.S. Patent No. 3,925,660 in view of Bjorkholm et al. U.S. PGPUB No. 2004/0213375.
Regarding claim 1, Albert discloses a vacuum (“The primary targets 54a in this example are mounted in the interior wall of vacuum envelope 14a” [col. 16; lines 18-19]) electron device (“In the X-ray source, an electron beam is directed to any selectable one of an array of primary targets of different composition” [Abstract]) (VED), comprising: an electron accelerator that generates an electron beam from an electron source along a central axis (“Electron beam 23 is focussed and accelerated by passage through an annular first anode 24 and then passes through a region bounded by four deflection plates 26 to which voltages may be applied to direct the beam toward any selected area of end anode 18” [col. 5; lines 33-35]); a plurality of targets, arranged on a circular arc (“a series of primary targets 54 are mounted in the end anode plate 18 in a circular array in this instance” [col. 6; lines 23-26]), that generate photons upon impact by the electron beam (“When the electron beam 23 is impinged upon a selected one of the primary targets 54, the target emits primary X-rays which include both the characteristic wavelength of the target element and considerable bremmstrahlung or polychromatic X-rays” [col. 6; lines 39-43] – “X-ray emission from the primary targets 54b in conjunction with forward emission from the secondary targets 61b” [col. 16; lines 65-67]). However, although Albert discloses a magnetic controllable field generator that generates a magnetic field to change a trajectory of the electron beam (“A magnetic beam deflection yoke 27, having control means 28, may be disposed around the envelope 14 in the region of deflection plates 26 to provide an alternate or supplemental means of controlling the direction of the electron beam, suitable detailed constructions for such magnetic deflection means and controls being well known in the art. Although not shown, it will be understood that various known provisions for enhancing beam focusing and tube life, such as… magnetic focusing means, and the like, may be employed in the envelope 14 if desired” [col. 5; lines 37-48]), Albert does not explicitly disclose that the magnetic controllable field generator includes a first field region that causes the electron beam to diverge from the central axis and a second field region that causes the electron beam to converge toward the central axis to impact a selected target of the plurality of targets.
Bjorkholm discloses a vacuum electron device (VED), comprising: an electron accelerator that generates an electron beam from an electron source along a central axis (“the radiation source 10 may be a linear accelerator including a source of electrons 20 and a target 22 of material having a high atomic number, such as tungsten” [0004]); a targets, that generate photons upon impact by the electron beam (“The electron beam 24 impacts the target 22, causing generation of a beam of X-ray radiation” [0004]); and a magnetic controllable field generator that generates a magnetic field to change a trajectory of the electron beam, including a first field region that causes the electron beam to diverge from the central axis and a second field region that causes the electron beam to converge toward the central axis to impact a selected target of the plurality of targets (“Depending on the direction of the magnetic field, the electron beam 110 will be deflected upwardly and converge, or be deflected downwardly and diverge. As above, the electron beam 110 is dispersed by the non-uniform bending of the beam, broadening the focal spot. X-ray radiation is therefore emitted by only a portion of the focal spot. The effective focal spot is therefore smaller than the actual focal spot” [0062]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic deflector of Albert with the magnetic deflector of Bjorkholm in order to control focusing and deflection in a single element, thereby creating a more compact device, and/or providing additional focusing so as to deliver the electron beam in an optimal focal condition to a target.
Regarding claim 2, Albert discloses that the plurality of targets include a plurality of respective pieces of target material that are separated from one another on a target assembly (“a plurality of primary targets which are disposed at separate locations on a primary target plate” [Claim 1] – see also figure 1).
Regarding claim 4, Albert discloses a collimator 57 having a plurality of apertures 58, each aperture corresponding to a respective target of the plurality of targets (“Disposed on the opposite side of collimator 57 from the primary targets 54 is a secondary target table 59 which may be rotated relative to the end anode 18 and collimator 57. A circular outer array of secondary targets 61 and matching inner array of secondary targets 60 are mounted on table 59” [col. 6; lines 55-63]).
Regarding claim 5, Albert discloses that the plurality of apertures 58 are arranged on a circular arc that has a same center point as the circular arc of the plurality of the targets 60 and/or 54 (“Disposed on the opposite side of collimator 57 from the primary targets 54 is a secondary target table 59 which may be rotated relative to the end anode 18 and collimator 57. A circular outer array of secondary targets 61 and matching inner array of secondary targets 60 are mounted on table 59” [col. 6; lines 55-63] – as illustrated in figure 1).
Regarding claim 6, Albert discloses that the plurality of apertures each have a shape selected from the group consisting of a cone (“Passages 58 of the collimator including the lining 71 thereof are outwardly flared toward the interior of envelope 14 and the primary target 54 associated with each such passage is disposed transversely therein at the small diameter portion of the flared section” [col. 9; lines 33-38]), a cylinder, and an asymmetrical shape tailored to a lesion.
Regarding claim 7, Albert discloses that the circular arc has a center point that corresponds to a convergence of the trajectory of the electron beam and subsequently the photon beams and the central axis for all of the plurality of targets 60 and/or 54 (“Electron beam 23 is focused and accelerated by passage through an annular first anode 24… Although not shown, it will be understood that various known provisions for enhancing beam focusing and tube life, such as… magnetic focusing means, and the like, may be employed in the envelope 14 if desired” [col. 5; lines 33-48] – as illustrated in figure 1).
Regarding claim 8, Albert discloses a controller 28 that operates the controllable magnetic field generator to change between targets of the plurality of targets (“A magnetic beam deflection yoke 27, having control means 28, may be disposed around the envelope 14 in the region of deflection plates 26 to provide an alternate or supplemental means of controlling the direction of the electron beam, suitable detailed constructions for such magnetic deflection means and controls being well known in the art” [col. 5; lines 37-48]).
Regarding claim 9, Albert discloses a vacuum (“The primary targets 54a in this example are mounted in the interior wall of vacuum envelope 14a” [col. 16; lines 18-19]) electron device (“In the X-ray source, an electron beam is directed to any selectable one of an array of primary targets of different composition” [Abstract]) (VED), comprising: an electron accelerator that generates an electron beam from an electron source along a first axis (“Electron beam 23 is focussed and accelerated by passage through an annular first anode 24 and then passes through a region bounded by four deflection plates 26 to which voltages may be applied to direct the beam toward any selected area of end anode 18” [col. 5; lines 33-35]); a redirecting magnetic field that redirects the electron beam from the first axis to a second axis (“A magnetic beam deflection yoke 27, having control means 28, may be disposed around the envelope 14 in the region of deflection plates 26 to provide an alternate or supplemental means of controlling the direction of the electron beam, suitable detailed constructions for such magnetic deflection means and controls being well known in the art. Although not shown, it will be understood that various known provisions for enhancing beam focusing and tube life, such as… magnetic focusing means, and the like, may be employed in the envelope 14 if desired” [col. 5; lines 37-48]); a plurality of targets, arranged on a circular arc (“a series of primary targets 54 are mounted in the end anode plate 18 in a circular array in this instance” [col. 6; lines 23-26]), that generate photons upon impact by the electron beam (“When the electron beam 23 is impinged upon a selected one of the primary targets 54, the target emits primary X-rays which include both the characteristic wavelength of the target element and considerable bremmstrahlung or polychromatic X-rays” [col. 6; lines 39-43] – “X-ray emission from the primary targets 54b in conjunction with forward emission from the secondary targets 61b” [col. 16; lines 65-67]). However, although Albert discloses a magnetic controllable field generator that generates a magnetic field to change a trajectory of the electron beam (“A magnetic beam deflection yoke 27, having control means 28, may be disposed around the envelope 14 in the region of deflection plates 26 to provide an alternate or supplemental means of controlling the direction of the electron beam, suitable detailed constructions for such magnetic deflection means and controls being well known in the art. Although not shown, it will be understood that various known provisions for enhancing beam focusing and tube life, such as… magnetic focusing means, and the like, may be employed in the envelope 14 if desired” [col. 5; lines 37-48]), Albert does not explicitly disclose that the magnetic controllable field generator includes a first field region that causes the electron beam to diverge from the central axis and a second field region that causes the electron beam to converge toward the central axis to impact a selected target of the plurality of targets.
Bjorkholm discloses a vacuum electron device (VED), comprising: an electron accelerator that generates an electron beam from an electron source along a central axis (“the radiation source 10 may be a linear accelerator including a source of electrons 20 and a target 22 of material having a high atomic number, such as tungsten” [0004]); a targets, that generate photons upon impact by the electron beam (“The electron beam 24 impacts the target 22, causing generation of a beam of X-ray radiation” [0004]); and a magnetic controllable field generator that generates a magnetic field to change a trajectory of the electron beam, including a first field region that causes the electron beam to diverge from the central axis and a second field region that causes the electron beam to converge toward the central axis to impact a selected target of the plurality of targets (“Depending on the direction of the magnetic field, the electron beam 110 will be deflected upwardly and converge, or be deflected downwardly and diverge. As above, the electron beam 110 is dispersed by the non-uniform bending of the beam, broadening the focal spot. X-ray radiation is therefore emitted by only a portion of the focal spot. The effective focal spot is therefore smaller than the actual focal spot” [0062]).
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified the magnetic deflector of Albert with the magnetic deflector of Bjorkholm in order to control focusing and deflection in a single element, thereby creating a more compact device, and/or providing additional focusing so as to deliver the electron beam in an optimal focal condition to a target.
Regarding claim 10, Albert discloses that the second axis is perpendicular to the first axis (“A magnetic beam deflection yoke 27, having control means 28, may be disposed around the envelope 14 in the region of deflection plates 26 to provide an alternate or supplemental means of controlling the direction of the electron beam, suitable detailed constructions for such magnetic deflection means and controls being well known in the art. Although not shown, it will be understood that various known provisions for enhancing beam focusing and tube life, such as… magnetic focusing means, and the like, may be employed in the envelope 14 if desired” [col. 5; lines 37-48] – figure 1 illustrates that the deflection by plates 26 is in a direction perpendicular to the axis along which the electron beam travels from the source 12 to the anode 18).
Regarding claim 11, Albert discloses that the plurality of targets includes a plurality of respective pieces of target material that are separated from one another on a target assembly (“a plurality of primary targets which are disposed at separate locations on a primary target plate” [Claim 1] – see also figure 1).
Regarding claim 13, Albert discloses a collimator 57 having a plurality of apertures 58, each aperture corresponding to a respective target of the plurality of targets (“Disposed on the opposite side of collimator 57 from the primary targets 54 is a secondary target table 59 which may be rotated relative to the end anode 18 and collimator 57. A circular outer array of secondary targets 61 and matching inner array of secondary targets 60 are mounted on table 59” [col. 6; lines 55-63]).
Regarding claim 14, Albert discloses that the circular arc has a center point that corresponds to a convergence of the trajectory of the electron beam and the second axis for all of the plurality of targets 60 and/or 54 (“Electron beam 23 is focused and accelerated by passage through an annular first anode 24… Although not shown, it will be understood that various known provisions for enhancing beam focusing and tube life, such as… magnetic focusing means, and the like, may be employed in the envelope 14 if desired” [col. 5; lines 33-48] – as illustrated in figure 1).
Regarding claim 15, Albert discloses a controller 28 that operates the controllable magnetic field generator to change between targets of the plurality of targets (“A magnetic beam deflection yoke 27, having control means 28, may be disposed around the envelope 14 in the region of deflection plates 26 to provide an alternate or supplemental means of controlling the direction of the electron beam, suitable detailed constructions for such magnetic deflection means and controls being well known in the art” [col. 5; lines 37-48]).
Claim(s) 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Albert U.S. Patent No. 3,925,660 in view of Bjorkholm et al. U.S. PGPUB No. 2004/0213375 in further view of Zdasiuk et al. U.S. PGPUB No. 2010/0102244.
Regarding claim 3, Albert discloses the claimed invention except that while Albert discloses “a series of primary targets 54 are mounted in the end anode plate 18 in a circular array in this instance” [col. 6; lines 23-25], there is no explicit disclosure that the plurality of targets include different respective locations on a continuous structure of target material.
Zdasiuk discloses a system wherein “X-ray target or targets 406 are located adjacent to the body to be treated and configured to produce radiation when impinged with particle beams” [0040], and “The target 406 may be a single target, a plurality of targets, or a continuous target plane” [0040].
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Albert and Bjorkholm with the target configuration of Zdasiuk in order to utilize a number of different available target materials selected to control the emission wavelength of x-ray radiation from a target by altering the material composition of the target, and to select a target arrangement which allows for multiple targets to be interchanged simultaneously.
Regarding claim 12, Albert discloses the claimed invention except that while Albert discloses “a series of primary targets 54 are mounted in the end anode plate 18 in a circular array in this instance” [col. 6; lines 23-25], there is no explicit disclosure that the plurality of targets include different respective locations on a continuous structure of target material.
Zdasiuk discloses a system wherein “X-ray target or targets 406 are located adjacent to the body to be treated and configured to produce radiation when impinged with particle beams” [0040], and “The target 406 may be a single target, a plurality of targets, or a continuous target plane” [0040].
It would have been obvious to one possessing ordinary skill in the art before the effective filing date of the claimed invention to have modified Albert and Bjorkholm with the target configuration of Zdasiuk in order to utilize a number of different available target materials selected to control the emission wavelength of x-ray radiation from a target by altering the material composition of the target, and to select a target arrangement which allows for multiple targets to be interchanged simultaneously.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L MCCORMACK whose telephone number is (571)270-1489. The examiner can normally be reached M-Th 7:00AM-5:00PM EST.
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/JASON L MCCORMACK/ Examiner, Art Unit 2881
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