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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
Claims 1-6, 9-16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1 (US 20200196967 A1).
With regards to claim 1, D1 discloses an X-ray imaging system comprising:
a C-shaped support arm 30 (Fig. 1A);
an X-ray source 10 [0028] contained in a first portion of the support arm near a first end of the support arm (Fig. 1A);
an X-ray detector 20 [0028] contained in a second portion of the support arm near a second end of the support arm (Fig. 1A);
wherein the support arm contains a repositioning mechanism 40 between the first and second portions that allows the location of the X-ray source and/or the X-ray detector to be repositioned relative to each other [0029] (Figs. 2A and 2B).
With regards to claim 11, D1 discloses a method comprising:
providing an X-ray device (Fig. 1A) containing:
a C-shaped support arm 30 (Fig. 1A);
an X-ray source 10 [0028] contained in a first portion of the support arm near a first end of the support arm (Fig. 1A);
an X-ray detector 20 [0028] contained in a second portion of the support arm near a second end of the support arm (Fig. 1A);
wherein the support arm contains a repositioning mechanism 40 between the first and second portions that allows the location of the X-ray source and/or the X-ray detector to be repositioned relative to each other [0029] (Figs. 2A and 2B);
taking an X-ray image of a patient using the X-ray device (when properly aligned);
repositioning the X-ray source or the X-ray detector [0030-0032]; and
performing a medical procedure on the patient near the location where the X-ray source or the X-ray detector was previously located [0030-0032].
With regards to claims 2 and 12, D1 discloses wherein the repositioning mechanism can be expanded to move the X-ray source or the X-ray detector outside a field of a medical procedure in which the X-ray device is used to take an image without moving the rest of the X-ray device (Figs. 2C and 2D) [0030].
With regards to claims 3 and 13, D1 discloses wherein the repositioning mechanism can be rotated to move the X-ray source or the X-ray detector outside a field of a medical procedure in which the X-ray device is used to take an image without moving the rest of the X-ray device (Fig. 2E) [0030].
With regards to claims 4 and 14, D1 discloses wherein the repositioning mechanism comprises a joint, hinge, or linkage [0029].
With regards to claims 5 and 15, D1 discloses wherein the repositioning mechanism can be slid to move the X-ray source or the X-ray detector outside a field of a medical procedure in which the X-ray device is used to take an image without moving the rest of the X-ray device [0032-0033].
With regards to claims 6 and 16, D1 discloses wherein the repositioning mechanism comprises linear actuators, tracks, or a roller bearing mechanism [0033].
With regards to claim 19, D1 discloses wherein the free space between the X-ray source and the X-ray detector has been increased by at least about 5% when the X-ray source and/or the X-ray detector has been repositioned (Figs 2C-2E).
With regards to claim 20, D1 discloses wherein the free space between the X-ray source and the X-ray detector has been increased by up to about 40% when the X-ray source and/or the X-ray detector has been repositioned (Figs 2C-2E).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7, 8, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1.
With regards to claims 7, 8, 17, and 18, D1 does not explicitly teach wherein the X-ray imaging system is configured to be portable or mobile. However, those skilled in the art recognize that portable X-ray imaging systems and mobile X-ray imaging systems were generally known in the art and provide convenience for patients who are unable to be moved to the radiology department for X-ray imaging (for example, patients in Intensive Care Units). Therefore, in view of the recited benefit, it would have been well known, obvious, and predictably suitable to one with ordinary skill in the art to modify D1 such that the X-ray imaging system is portable and/or mobile.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS H TANINGCO whose telephone number is (571)272-1848. The examiner can normally be reached Monday-Friday 9am-6pm EST.
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/MARCUS H TANINGCO/Primary Examiner, Art Unit 2884