DETAILED ACTION
Terminal Disclaimer
The Terminal Disclaimer filed 6/05/2025 has been reviewed and accepted. However, upon further consideration, the claims are rejected as produced below.
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.
Claims 2-10, 13-15, 17-18, 23-24, 26-27, 30, 32, and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heesch (US Pat. 6,325,538, hereinafter Heesch).
Regarding claim 2, Fig. 3 of Heesch discloses a first radiation shield (upper shield section 52) configured to be positioned parallel to a longitudinal axis of the patient platform (table 14) (see col. 7, lines 30-54); and a second radiation shield (lower shield section 53) configured to be positioned transverse to the longitudinal axis of the patient platform (table 14) (see col. 7, lines 30-54); and wherein the second radiation shield (lower shield section 53) is adjustable between a plurality of positions with respect the first radiation shield (upper shield section 52) (see col. 8, lines 8-22).
Regarding claim 3, Heesch discloses the first radiation shield (upper shield section 52) is adjustable between a plurality of positions with respect to the second radiation shield (lower shield section 53) (see col. 8, lines 8-22).
Regarding claim 4, Heesch discloses in a first position, the first radiation shield (upper shield section 52) is perpendicular to the second radiation shield (lower shield section 53) (see col. 7, lines 30-54).
Regarding claim 5, Fig. 3 of Heesch discloses in a second position, the first radiation shield (upper shield section 52) is parallel to the second radiation shield (lower shield section 53) (see col. 7, lines 30-54).
Regarding claim 6, Fig. 3 of Heesch discloses the first radiation shield (upper shield section 52) is comprised of a first vertically oriented rectangular panel (lateral wall 56) (see col. 7, lines 30-54).
Regarding claim 7, Fig. 3 of Heesch discloses the second radiation shield (lower shield section 53) is comprised of a second vertically oriented rectangular panel (later wall 56) (see col. 7, lines 30-54).
Regarding claim 8, Fig. 3 of Heesch discloses the first radiation shield (upper shield section 52) is vertically adjustable with respect to the second radiation shield (lower shield section 53) (see col. 8, lines 8-22).
Regarding claim 9, Fig. 3 of Heesch discloses the second radiation shield (lower shield section 53) is vertically adjustable to with respect to the first radiation shield (upper shield section 52) (see col. 8, lines 8-22).
Regarding claim 10, Fig. 3 of Heesch discloses a bottom edge of the first radiation shield (upper shield section 52) is positioned at a height equal to or greater than an upper surface of the patient platform (table 14) (see Fig. 3).
Regarding claim 13, Fig. 3 of Heesch discloses the second radiation shield (lower shield section 53) is attached to a free-standing mechanism (vertical support section 22) (see col. 6, lines 52-57).
Regarding claim 14, Fig. 3 of Heesch discloses at least a portion of a lower edge of the second radiation shield (lower shield section 53) is elevated with respect to an upper surface of the patient platform (table 14) (see col. 8, lines 8-22).
Regarding claim 15, Fig. 3 of Heesch discloses the first radiation shield (upper shield section 52) is configured to be positioned along a side of a patient (see Fig. 3).
Regarding claim 17, Fig. 3 of Heesch discloses a patient platform (table 14); a first radiation shield (upper shield section 52) positioned parallel to a longitudinal axis of the patient platform (table 14); and a second radiation shield (lower shield section 53) positioned transverse to the longitudinal axis of the patient platform (table 14) (see col. 7, lines 30-54); and wherein the second radiation shield (lower shield section 53) is adjustable between a plurality of positions with respect to the first radiation shield (upper shield section 52) (see col. 8, lines 8-22).
Regarding claim 18, Fig. 3 of Heesch discloses a first position, the first radiation shield (upper shield section 52) is perpendicular to the second radiation shield (lower shield section 53) (see Fig. 3).
Regarding claim 23, Fig. 3 of Heesch discloses the second radiation shield (lower shield section 53) is vertically adjustable with respect to the first radiation shield (upper shield section 52) (see col. 8, lines 8-22).
Regarding claim 24, Fig. 3 of Heesch discloses a bottom edge of the first radiation shield (upper shield section 52) is positioned at a height equal to or greater than an upper surface of the patient platform (table 14) (see Fig. 3).
Regarding claim 26, Fig. 3 of Heesch discloses the first radiation shield (upper shield section 52) is attached to a patient platform (table 14) (see col. 8, lines 8-22).
Regarding claim 27, Fig. 3 of Heesch discloses the second radiation shield (lower shield section 53) is attached to a patient platform (table 14) (see col. 8, lines 8-22).
Regarding claim 30, Fig. 3 of Heesch discloses at least a portion of a lower edge of the second radiation shield (lower shield section 53) is elevated with respect to an upper surface of the patient platform (table 14) (see col. 8, lines 8-22).
Regarding claim 32, Fig. 3 of Heesch discloses adjusting a height of the second radiation shield (lower shield section 53) with respect to the first radiation shield (upper shield section 52) (see col. 8, lines 8-22).
Regarding claim 34, Fig. 3 of Heesch discloses a bottom edge of the first radiation shield (upper shield section 52) is positioned at a height equal to or greater than an upper surface of a patient platform (table 14) (see Fig. 3).
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.
Claims 12, 28, 29, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Heesch.
Regarding claim 12, while Heesch does not disclose the second radiation shield is attached to a ceiling mount, Heesch teaches the shielding members (upper and lower 52, 53) are connected to a vertical support 22 (see col. 6, lines 52-65). Heesch further teaches that the shield sections 52, 53 can be adapted to vary the positions of the various shield segments (see col. 8, lines 8-22) in relation to each other and the table 14. It would have been obvious to one having ordinary skill in the art at the time of the invention was made to secure the support system in any desired location (i.e. ceiling, wall, floor) for stabilization, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 28, while Heesch does not disclose the second radiation shield is attached to a ceiling mount, Heesch teaches the shielding members (upper and lower 52, 53) are connected to a vertical support 22 (see col. 6, lines 52-65). Heesch further teaches that the shield sections 52, 53 can be adapted to vary the positions of the various shield segments (see col. 8, lines 8-22) in relation to each other and the table 14. It would have been obvious to one having ordinary skill in the art at the time of the invention was made to secure the support system in any desired location (i.e. ceiling, wall, floor) for stabilization, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 29, while Heesch does not disclose the second radiation shield is attached to a wall mount, Heesch teaches the shielding members (upper and lower 52, 53) are connected to a vertical support 22 (see col. 6, lines 52-65). Heesch further teaches that the shield sections 52, 53 can be adapted to vary the positions of the various shield segments (see col. 8, lines 8-22) in relation to each other and the table 14. It would have been obvious to one having ordinary skill in the art at the time of the invention was made to secure the support system in any desired location (i.e. ceiling, wall, floor) for stabilization, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 33, while Heesch does not disclose the second radiation shield is attached to a ceiling mount, Heesch teaches the shielding members (upper and lower 52, 53) are connected to a vertical support 22 (see col. 6, lines 52-65). Heesch further teaches that the shield sections 52, 53 can be adapted to vary the positions of the various shield segments (see col. 8, lines 8-22) in relation to each other and the table 14. It would have been obvious to one having ordinary skill in the art at the time of the invention was made to secure the support system in any desired location (i.e. ceiling, wall, floor) for stabilization, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Allowable Subject Matter
Claims 11, 16, 19-21, 22, 25, 31, and 35 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record, either singularly or in combination, does not disclose the bottom edge of the second radiation shield is positioned at a height equal to or greater than an upper surface of the patient platform.
Conclusion
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Hanway Chang
/HC/ Examiner, Art Unit 2881
/WYATT A STOFFA/ Primary Examiner, Art Unit 2881