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 .
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4, 6-14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elgart et al. (2018/0099156).
Regarding claim 1, Elgart discloses an imaging method for use during radiation treatment comprising: translating a patient support relative to an imager ([0286],[0287]); obtaining a plurality of images while the patient support translates relative to the imager, wherein obtaining the plurality of images comprises collecting image signals from two or more lines of imager elements simultaneously ([0197], note that collection of data from more than one detector unit simultaneously involves collecting image signals from two or more lines of imager elements); and arranging the plurality of images relative to each other to create a composite image of a portion of a patient. ([0113])
Regarding claim 2, Elgart further discloses the patient support is an element of a radiation treatment apparatus and the patient support is translated along an isocenter axis of the radiation treatment apparatus. ([0286])
Regarding claim 3, Elgart further discloses delivering treatment radiation to the patient and the step of obtaining the plurality of images is performed using treatment radiation. ([0107],[0109]; Tomography Detector System discussed at [0204] et seq.)
Regarding claim 4, Elgart further discloses the composite image covers the portion of the patient that is at least 100 cm in length. (Whole body system shown Fig. 6A, Fig. 10A etc.)
Regarding claim 6, Elgart further discloses the step of obtaining the plurality of images comprises continuously delivering imaging energy while the patient support translates relative to the imager. ([0339])
Regarding claim 7, Elgart further discloses rotating an imager to a second position relative to the patient; obtaining a second plurality of images for the patient while the patient support translates relative to the imager; and arranging the second plurality of images relative to each other to create a second composite image of the patient. (Rotational system disclosed throughout, details begin at [0248])
Regarding claim 8, Elgart further discloses the second composite image comprises an alternate view of the portion of the patient. ([0113])
Regarding claim 10, Elgart further discloses the plurality of images comprises at least 50 images. ([0341])
Claims 11-14, 16-18, and 20 are rejected on the same grounds as claims 1-4, 6-8, and 10, as they have the same substantive limitations.
Claim Rejections - 35 USC § 102/103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5, 15, 21, and 22 are rejected under 35 U.S.C. 102 or alternatively under 35 U.S.C. 103 as being unpatentable over Elgart.
Regarding claims 5 and 15, Elgart does not explicitly disclose the plurality of images are obtained at a rate of at least 10 frames per second.
However, Elgart discloses taking imagery for every degree of rotation of the rotational gantry, which implies significant rapidity in collection. It is entirely possible that the device of Elgart could obtain a frame rate of more than 10 frames per second.
Further, in any real-time imaging system, higher framerates are generally considered a positive trait, as it allows for smoother and more precise 4D data. Thus while the high framerate is not necessarily inherent in Elgart, it nevertheless would be obvious to operate the imager to as high a frame rate as possible to increase the time resolution of the resulting dataset.
Regarding claims 21 and 22, Elgard further teaches or renders obvious obtaining the plurality of images comprises generating a first plurality of two-dimensional images for a patient while the patient is supported in a horizontal position by the patient support (Horizontal patient support shown in Figs. 10A, 10B, 13, 14, 15, etc.), the first plurality of two-dimensional images comprising three or more images and having respective centers aligned along a rectilinear path (See Fig. 14, motion possible on x-axis), and the three or more images are generated by collecting the image signals from the two or more lines of the imager elements simultaneously ([0197]).
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive. An anticipation reference is sufficient where it contains within it each of the claimed limitations. Additional guidance has been supplied to assist Applicant in identifying those features.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN C GUNBERG whose telephone number is (571)270-3107. The examiner can normally be reached Monday-Friday, 8:30AM-5:00PM.
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/EDWIN C GUNBERG/Primary Examiner, Art Unit 2884
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