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 § 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 1-8, 10-18, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Deutschmann (2014/0046212) in view of Okuno et al. (2015/0250441).
Regarding claim 1, Deutschmann teaches an imaging method for use during radiation treatment comprising: moving a patient support relative to an imager; obtaining a plurality of images while the patient support moves relative to the imager, wherein obtaining the plurality of images comprises collecting image signals from two or more lines of imager elements simultaneously; and arranging the plurality of images relative to each other to create a composite two- dimensional image of a portion of a patient.
The motion is a translation.
Okuno teaches a method of panoramic x-ray imaging wherein the relative motion between the radiation source/detector pair and the patient is a translation along the patient axis.
It would have been obvious to move the imaging system in a translation as taught by Okuno in the imaging system of Deutschmann in order to perform long imaging with reduced parallax error.
Regarding claim 2, the combination of Deutschmann and Okuno 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. (Deutschmann, [0004], note that patient positioning is possible in all directions)
Regarding claim 3, the combination of Deutschmann and Okuno further teaches delivering treatment radiation to the patient and the step of obtaining the plurality of images is performed using treatment radiation. (Deutschmann, [0004], [0042]))
Regarding claim 4, the combination of Deutschmann and Okuno further teaches the composite image covers the portion of the patient that is at least 100 cm in length. (Okuno, Figs. 2, 3, apparent imaging over entire patient, presumably greater than 1m in length)
Regarding claim 5, operation of the apparatus at or above a given frame rate would be obvious in order to provide additional images and therefore smoother output.
Regarding claim 6, the combination of Deutchmann and Okuno further teaches continuously delivering imaging energy while the patient support translates relative to the imager. (Implied in [0066] is that an x-raying action may be taken every x mm of motion, which allows for operator selection of continuous irradiation if desired)
Regarding claim 7, the combination of Deutschmann and Okuno further teaches 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. (Deutschmann, [0016], Deutschmann’s rotating source/detector pairs and Okuno’s translation enable the claimed movement pattern if desired)
Regarding claim 8, arbitrary motion of the source/detector pairs naturally results in alternate views of the patient.
Regarding claim 10, any arbitrary number of images may be taken with a radiology device.
Regarding claim 21, the combination of Deutschmann and Okuno further teaches 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 (Deutschmann, throughout, Okuno Figs. 2, 3), the first plurality of two-dimensional images comprising three or more images and having respective centers aligned along a rectilinear path (Okuno, Figs. 2, 3), and the three or more images are generated by collecting the image signals from the two or more lines of the imager elements simultaneously (Okuno, full detector array image taken each exposure).
Regarding claims 11-18, 20 and 22, claims 11-18, 20 and 22 are rejected on the same grounds as claims 1-8, 10 and 21 above, as they contain the same substantive limitations.
Response to Arguments
Applicant’s arguments with respect to all claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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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