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 Objections
Claim 6 is objected to because of the following informalities: claim 6 recites “The imaging system of claim 5, wherein. the scanning cabin management module”. However this should be read as “The imaging system of claim 5, wherein[[.]] the scanning cabin management module” Appropriate correction is required.
Claim 15 is objected to because of the following informalities: claim 15 recites “herein the temperature control device includes a heating pad disposed within the scanning cabin; or the the temperature control device includes a heating pipeline”. However this should be read as “herein the temperature control device includes a heating pad disposed within the scanning cabin; or the Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a scanning cabin management module configured to manage at least one scanning cabin” in claim 1.
“an imaging module configured to perform a scanning on the subject in the scanning cabin” in claim 1.
“a control module configured to control the scanning cabin management module and/or the imaging module” in claim 1. “The control module is configured to perform a signal transmission and instruction control…” in claim 3. “The control module is configured to control at least one of the anesthesia device, the temperature control device, the injection device, or the physiological monitoring device…” in claim 4. “The control module is configured to control the transfer module to perform a corresponding operation” in claim 5. “the control module is further configured to compare the received physiological parameter with a preset threshold” in claim 20.
“the function assistance module includes at least one of: an anesthesia device, a temperature control device, or a physiological monitoring device” in claim 2, the claim then lists what each device is configured to do.
“the anesthesia device is configured to receive a first control signal…” in claim 2.
“the temperature control device is configured to receive a second control signal…” in claim 2.
“the physiological monitoring device is configured to perform a physiological monitoring on the subject” in claim 2. “The physiological monitoring device is configured to: monitor the physiological parameter of the animal” in claim 18.
“an injection device configured to receive a third control signal” in claim 4.
“a transfer module configured to transfer the scanning cabin from the scanning cabin management module to the imaging module” in claim 5. “The transfer module…is configured to transfer the scanning cabin from the scanning cabin management module to the imaging module” in claim 6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The specification of the current application discloses in [0073] “the scanning cabin management module may include at least one cabin seat each of which is configured to place a scanning cabin, and the scanning cabin management module may be configured to manage the at least one scanning cabin”. Additionally the structure of the scanning cabin management module is shown in Fig. 3. For examination purposes the structure of the canning cabin management module will be interpreted as a device with at least one cabin seat to place a scanning cabin.
The specification of the current application discloses in [0050] “the imaging module may include a single-modality scanner and/or a multi-modality scanner. The single-modality scanner may include, such as an ultrasound scanner, an X-ray scanner, a computed tomography (CT) scanner, a magnetic resonance imaging (MRI) scanner, a positron emission tomography (PET) scanner, an optical coherence tomography (OCT) scanner, an ultrasound (US) scanner, an intravascular ultrasound (IVUS) scanner, near-infrared spectroscopy (NIRS) scanners, a far infrared (FIR) scanner, and the like. The multi-modality scanner may include, such as an X-ray imaging-magnetic resonance imaging (X-ray-MRI) scanner, a positron emission tomography-X-ray imaging (PET-X-ray) scanner, a single photon emission computed tomography-magnetic resonance imaging (SPECT-MRI) scanner, a single photon emission computed tomography-computed tomography (SPECT-CT) scanner, a positron emission tomography-computed tomography (PET-CT) scanner, a digital subtraction angiography-magnetic resonance imaging (DSA-MRI) scanner, and the like.” Therefore for examination purposes the structure of the imaging module will be interpreted as structure to perform any of the above listed modalities.
The specification of the current application discloses in [0051] “In some embodiments, the control module may be a portion of the processing device 120.” Therefore for examination purposes the structure of the control module will be interpreted as a processing device.
The specification of the current application discloses in [0110] “the function assistance module may include at least one of the anesthesia device, the temperature control device, the injection device, or the physiological monitoring device”. Therefore for examination purposes the structure of the function assistance module will be interpreted as an anesthesia device, a temperature control device, an injection device, or a physiological monitoring device.
The specification of the current application discloses in [0114] “the anesthesia device may be configured to output the anesthesia gas to the scanning cabin 340 and detect the actual concentration of the anesthesia gas within the scanning cabin 340. In some embodiments, the anesthesia device may include an anesthesia detection assembly (not shown in the figure) and a signal processing assembly…the anesthesia device may further include a volatile tank in which anesthesia gas is stored” and [0105] “it should be appreciated that the plurality of first fluid transfer channels 341-1 and the plurality of second fluid transfer channels 314-2 may form an anesthesia gas line, a medicine injection line, a temperature control gas line, and the like”. Therefore for examination purposes the structure of the anesthesia device will be interpreted to include an anesthesia detection assembly, a signal processing assembly, fluid transfer channels, and a volatile tank in which anesthesia gas is stored.
The specification of the current application discloses in [0112] “In some embodiments, the temperature control device may include a heating pad or a heating pipeline to heat the scanning cabin 340. In some embodiments, the temperature control device may include a temperature detection assembly (not shown in the figure) and a signal processing assembly” and [0105] “it should be appreciated that the plurality of first fluid transfer channels 341-1 and the plurality of second fluid transfer channels 314-2 may form an anesthesia gas line, a medicine injection line, a temperature control gas line, and the like”. Therefore for examination purposes the structure of the temperature control device will be interpreted to include a temperature detection assembly, a signal processing assembly, fluid transfer channels, and a heating pad or a heating pipeline to heat the scanning cabin.
The specification of the current application discloses in [0111] “the physiological monitoring device may include a plurality of sensing assemblies (not shown in the figure) and a signal processing assembly (not shown in the figure) electrically connected to different sensing assemblies”. Therefore for examination purposes the structure of the physiological monitoring device will be interpreted to include a plurality of sensing assemblies and a signal processing assembly.
The specification of the current application discloses in [0113] “the injection device may include an injection dosage detection assembly (not shown in the figure) and a signal processing assembly… the injection device may further include an injection medicine canister, the injection medicine canister may be provided on the scanning cabin management module 310 or the imaging module 320 and be in flow communication with the scanning cabin 340 through the adapter 314 or the connector 324-1”, in paragraph [0105] “it should be appreciated that the plurality of first fluid transfer channels 341-1 and the plurality of second fluid transfer channels 314-2 may form an anesthesia gas line, a medicine injection line, a temperature control gas line, and the like”, and in paragraph [0153] “the injection device 850 may include a high-precision injection pump”. Therefore for examination purposes the structure of the injection device will be interpreted to include an injection dosage detection assembly, a signal processing assembly, fluid transfer channels, and a high-precision injection pump.
The specification of the current application discloses in [0117] “the transfer module 330 may include a displacement unit 331 and a mechanical arm unit 332”. Therefore for examination purposes the structure of the transfer module will be interpreted to include a displacement unit and a mechanical arm unit.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 2, 5, 6, 8, 10, 11, 13, 14, 15, and 16. Each of claims 1, 2, 5, 6, 8, 10, 11, 13, 14, 15, and 16 recite “the scanning cabin”, however a scanning cabin has not been previously defined. Claim 1 defines “at least one scanning cabin” and “each of the at least one scanning cabin” therefore it is unclear which scanning cabin “the scanning cabin” is referring to. For examination purposes claim 1 will be interpreted as “perform a scanning on the subject in a scanning cabin of the at least one scanning cabin”. Claims 5, 6, 10, and 11 become clear based on the examiner’s interpretation of claim 1. In regards to claim 2 the limitations will be interpreted as “output an anesthesia gas to each of the at least one scanning cabin…adjust a temperature of each of the at least one scanning cabin”. In regards to claim 8 the limitation will be interpreted as “each of the at least one scanning cabin is rotatably mounted to the rotating substrate through the adapter relative to the rotating substrate”. In regards to claim 13 the limitation will be interpreted as “the anesthesia device outputs an anesthesia gas to each of the at least one scanning cabin”. In regards to claim 14 the limitation will be interpreted as “the second control signal includes at least one of a target temperature in each of the at least one scanning cabin…the temperature control device adjusts the temperature of each of the at least one scanning cabin based on the target temperature in each of the at least one scanning cabin”. In regards to claim 15 the limitation will be interpreted as “a heating pad disposed within each of the at least one scanning cabin…the heating pipeline is connected to each of the at least one scanning cabin and transfers hot gas/hot water in the heating pipeline into each of the at least one scanning cabin”. In regards to claim 16 the limitation will be interpreted as “the injection device injects a medicine to the animal in each of the at least one scanning cabin”. Dependent claims are also rejected due to their dependency.
Regarding claim 4, lines 9-10 of claim 4 recite “control the imaging module to perform a scanning based on detection information”. However claim 1 recites “an imaging module configured to perform a scanning”. Therefore it is unclear if the scanning performed in claim 4 is the same or different from the scanning performed in claim 1. For examination purposes claim 4 will be interpreted as “control the imaging module to perform the scanning based on detection information”. Dependent claims are also rejected due to their dependency.
Regarding claim 5, claim 5 recites “wherein the imaging system further comprises a transfer module configured to transfer the scanning cabin from the scanning cabin management module to the imaging module, the control module is connected to a transfer module”. It is unclear if the transfer module that the control module is connected to is the same or different from the transfer module configured to transfer the scanning cabin. For examination purposes the claim will be interpreted as “wherein the imaging system further comprises a transfer module configured to transfer the scanning cabin from the scanning cabin management module to the imaging module, the control module is connected to the transfer module”. Dependent claims are also rejected due to their dependency.
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 1-3, 5-6, 10, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zagorchev (US 20090043172).
Regarding claim 1, Zagorchev discloses an imaging system (title – “Multi-modal imaging system and workstation”), comprising:
a scanning cabin management module configured to manage at least one scanning cabin, wherein each of the at least one scanning cabin is configured to place a subject ([0045] – “A docking station 28 provides anesthesia and monitoring while the animal capsule 14 is attached awaiting a scan”);
an imaging module configured to perform a scanning on the subject in the scanning cabin ([0044] – “The positioner 26 is used to position the animal capsule 14 optimally in an imaging region of the scanner 12 during an imaging session”); and
a control module configured to control the scanning cabin management module and/or the imaging module ([0062] – “The modality controller 36 controls local modality functionalities and keeps track of the studies defined for the modality. These include the AMA subsystem 38, the positioner 26, docking 29, the user interface 32, and a positioning laser 42”).
Regarding claim 2, Zagorchev further discloses wherein the imaging system further comprises a function assistance module ([0063] – “The AMA subsystem 38 is physically connected to the animal capsule 14 with leads for the monitoring probes 20, a heater for temperature control, and tubes to carry anesthesia and waste gas”);
the function assistance module includes at least one of: an anesthesia device, a temperature control device, or a physiological monitoring device ([0063] – “The AMA subsystem 38 is physically connected to the animal capsule 14 with leads for the monitoring probes 20, a heater for temperature control, and tubes to carry anesthesia and waste gas”);
wherein the anesthesia device is configured to receive a first control signal sent by the control module, output an anesthesia gas to the scanning cabin based on the first control signal, and feed an anesthesia signal back to the control module ([0063] – “The AMA subsystem 38 implements vital signs monitoring (temperature pulse rate, blood pressure, ECG, etc.), anesthesia and waste gas scavenging, and temperature control of the subject or subjects”, claim 10 – “an anesthesia control user interface controllable by the user to regulate anesthesia provision”, [0062] – “The modality controller 36 controls local modality functionalities and keeps track of the studies defined for the modality. These include the AMA subsystem 38”);
the temperature control device is configured to receive a second control signal sent by the control module, adjust a temperature of the scanning cabin based on the second control signal, and feed a temperature signal back to the control module ([0063] – “The AMA subsystem 38 implements vital signs monitoring (temperature pulse rate, blood pressure, ECG, etc.), anesthesia and waste gas scavenging, and temperature control of the subject or subjects”, [0062] – “The modality controller 36 controls local modality functionalities and keeps track of the studies defined for the modality. These include the AMA subsystem 38”); and
the physiological monitoring device is configured to perform a physiological monitoring on the subject and feed a physiological parameter signal back to the control module ([0063] – “The AMA subsystem 38 implements vital signs monitoring (temperature pulse rate, blood pressure, ECG, etc.), anesthesia and waste gas scavenging, and temperature control of the subject or subjects”, [0062] – “The modality controller 36 controls local modality functionalities and keeps track of the studies defined for the modality. These include the AMA subsystem 38”).
Regarding claim 3, Zagorchev further discloses wherein the control module is configured to perform a signal transmission and instruction control on at least one of the scanning cabin management module, the imaging module, or the function assistance module through a wireless communication connection ([0061] – “A local user interface 32 provides local user access for instruction entry and status or data read out for the subject positioner 26, the animal monitoring and anesthesia system 38, and imager controls for starting or aborting an acquisition sequence…the interface 32 could be a wireless device, such as a tablet PC, PDA, or other wireless device that is capable of wireless communication with the system 10”, [0062] – “The controller 36 also provides input from the interface 32”).
Regarding claim 5, Zagorchev further discloses wherein the imaging system further comprises a transfer module configured to transfer the scanning cabin from the scanning cabin management module to the imaging module, the control module is connected to a transfer module ([0046] – “docking the capsule to the receiving system is through a positive locking mechanism that is engaged through axial force applied by means of an actuator placed in the positioner 26”, [0048] – “the positioner 26 relocates the capsule 14 from the docking port 29 on the preparation module 28 to the docking port 29 on the scanning module 12”); and
the control module is configured to control the transfer module to perform a corresponding operation ([0065] – “A positioner control subsystem 46 interfaces to the modality controller 36, e.g. via an Ethernet connection. Via this connection, movement commands are issued and status and position information is returned”).
Regarding claim 6, Zagorchev further discloses wherein, the scanning cabin management module is provided with a plurality of cabin seats configured to place a plurality of scanning cabins (Fig. 2 shows docking station 28 [scanning cabin management module] with three docking ports 29 [cabin seats] for docking capsules 14 [scanning cabins]);
the transfer module is provided between the scanning cabin management module and the imaging module (Fig. 7 shows the positioner 26 provided between the imaging modality 12 and the docking port 29), and is configured to transfer the scanning cabin from the scanning cabin management module to the imaging module ([0046] – “docking the capsule to the receiving system is through a positive locking mechanism that is engaged through axial force applied by means of an actuator placed in the positioner 26”, [0048] – “the positioner 26 relocates the capsule 14 from the docking port 29 on the preparation module 28 to the docking port 29 on the scanning module 12”).
Regarding claim 10, Zagorchev further discloses wherein the system further comprises a connector that is mounted to the imaging module ([0048] – “the docking port 29 on the scanning module 12”); and
the transfer module is capable of mounting the scanning cabin to the imaging module through the connector ([0048] – “the positioner 26 relocates the capsule 14 from the docking port 29 on the preparation module 28 to the docking port 29 on the scanning module 12”, [0046] – “The preferred method of docking the capsule to the receiving system is through a positive locking mechanism that is engaged through axial force applied by means of an actuator placed in the positioner 26”).
Regarding claim 17, Zagorchev further discloses wherein the system further comprises a communication device connected to a mobile device through a wireless communication ([0065] – “The intelligent router 48 is used to isolate this logical connection. The connection to the research workstation 30 also supports transfer of minimally processed images to the server platform 34 and to external (i.e. department network) devices 50”), and/or,
the communication device is connected to a local terminal device through a wired or wireless communication (Fig. 7, [0065] – “A high speed router 48 connects the research workstation 30”); and
the communication device is electrically connected to the scanning cabin management module, the imaging module, and the function assistance module, respectively (as seen in Fig. 7 the router connects directly or indirectly to the imaging modality 12, the AMA subsystem 38, position controller 46, and the modality controller 36).
Regarding claim 19, Zagorchev further discloses wherein the control module centralizedly controls the anesthesia device, the injection device, and the temperature control device ([0062] – “The modality controller 36 controls local modality functionalities and keeps track of the studies defined for the modality. These include the AMA subsystem 38”, [0063] – “The AMA subsystem 38 is physically connected to the animal capsule 14 with leads for the monitoring probes 20, a heater for temperature control, and tubes to carry anesthesia and waste gas”).
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.
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 4, 13-16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zagorchev (US 20090043172) hereinafter Zagorchev 2009 as applied to claims 2 and 17 above, and further in view of Zagorchev (US 20100198047) hereinafter Zagorchev 2010.
Regarding claim 4, Zagorchev 2009 discloses all the elements of the claimed invention as cited in claims 1 and 2.
Zagorchev 2009 further discloses the control module is connected to at least one of the anesthesia device, the temperature control device, the injection device, or the physiological monitoring device ([0063] – “The AMA subsystem 38 implements vital signs monitoring (temperature pulse rate, blood pressure, ECG, etc.), anesthesia and waste gas scavenging, and temperature control of the subject or subjects”, [0062] – “The modality controller 36 controls local modality functionalities and keeps track of the studies defined for the modality. These include the AMA subsystem 38”);
the control module is configured to control at least one of the anesthesia device, the temperature control device, the injection device, or the physiological monitoring device to perform a corresponding operation ([0063] – “The AMA subsystem 38 implements vital signs monitoring (temperature pulse rate, blood pressure, ECG, etc.), anesthesia and waste gas scavenging, and temperature control of the subject or subjects”, [0062] – “The modality controller 36 controls local modality functionalities and keeps track of the studies defined for the modality. These include the AMA subsystem 38”);
Conversely Zagorchev 2009 does not teach wherein the function assistance module further includes an injection device configured to receive a third control signal sent by the control module, inject the subject based on the third control signal, and feed an injection signal back to the control module;
the control module is configured […] to control the imaging module to perform a scanning based on detection information of at least one of the anesthesia device, the temperature control device, the injection device, or the physiological monitoring device.
However Zagorchev 2010 discloses wherein the function assistance module further includes an injection device configured to receive a third control signal sent by the control module, inject the subject based on the third control signal, and feed an injection signal back to the control module ([0031] – “Holes are also provided, through which it is possible to insert or pull out catheters for isotope injection”, [0050] – “The workstation's 68 tasks include presenting results of monitoring and anesthesia, entering animal identification and tracer injection times”);
the control module is configured […] to control the imaging module to perform a scanning based on detection information of at least one of the anesthesia device, the temperature control device, the injection device, or the physiological monitoring device ([0040] – “a workflow for a PET imaging sequence. In such a workflow, there is potential for down time when the animal is actually being scanned. The radioisotope only decays so fast”, therefore scanning would be performed based on the timing of the tracer injection).
Zagorchev 2010 is an analogous art considering it is in the field of a small animal imaging capsule and imaging system.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the injection device of Zagorchev 2010 to achieve the same results. One would have motivation to combine because it would allow for the injection of a tracer at a particular timing to achieve the best image.
Regarding claim 13, Zagorchev 2009 discloses all the elements of the claimed invention as cited in claims 1 and 2.
Zagorchev 2009 further discloses wherein the subject includes an animal ([0038] – “facilitate small animal imaging are included”), and the first control signal includes an anesthesia gas parameter ([0063] – “The AMA subsystem 38 implements vital signs monitoring (temperature pulse rate, blood pressure, ECG, etc.), anesthesia and waste gas scavenging, and temperature control of the subject or subjects”, claim 10 – “an anesthesia control user interface controllable by the user to regulate anesthesia provision”, [0062] – “The modality controller 36 controls local modality functionalities and keeps track of the studies defined for the modality. These include the AMA subsystem 38”);
Conversely Zagorchev 2009 does not teach the anesthesia gas parameter include at least one of a concentration of an anesthesia gas, a dosage of an anesthesia gas, or an output rate of an anesthesia gas, and the anesthesia device outputs an anesthesia gas to the scanning cabin based on the anesthesia gas parameter included in the first control signal.
However Zagorchev 2010 discloses the anesthesia gas parameter include at least one of a concentration of an anesthesia gas, a dosage of an anesthesia gas, or an output rate of an anesthesia gas, and the anesthesia device outputs an anesthesia gas to the scanning cabin based on the anesthesia gas parameter included in the first control signal ([0046] – “This interface 56 can be a pneumatic interface that delivers anesthetic agent to the animal in the capsule 14 and extracts waste gases, but it can also include electrical (automatic) control of the agent concentration”, claim 8 – “the capsule includes a nosecone that is supplied by the fluid connections to keep an animal in an anesthetized state during imaging”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the anesthesia gas parameter including concentration of an anesthesia gas of Zagorchev 2010 to achieve the same results. One would have motivation to combine because it would allow for the concentration of the anesthesia gas to be regulated so that the animal is not receiving a dangerous amount or too little.
Regarding claim 14, Zagorchev 2009 discloses all the elements of the claimed invention as cited in claims 1 and 2.
Zagorchev 2009 further discloses wherein the subject includes an animal ([0038] – “facilitate small animal imaging are included”),
Conversely Zagorchev 2009 does not explicitly teach the second control signal includes at least one of a target temperature in the scanning cabin or a target body temperature of the animal; and
the temperature control device adjusts the temperature of the scanning cabin based on the target temperature in the scanning cabin or the target body temperature of the animal.
However Zagorchev 2010 discloses the second control signal includes at least one of a target temperature in the scanning cabin or a target body temperature of the animal ([0046] – “the animal's core temperature is maintained with a temperature regulation interface 58 based on the current temperature measurement and desired target temperature value”); and
the temperature control device adjusts the temperature of the scanning cabin based on the target temperature in the scanning cabin or the target body temperature of the animal ([0046] – “the animal's core temperature is maintained with a temperature regulation interface 58 based on the current temperature measurement and desired target temperature value”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the temperature control including a target body temperature of Zagorchev 2010 to achieve the same results. One would have motivation to combine because “they help prevent tail veins from contracting in a cold environment and altering blood flow rates” (Zagorchev 2010 - [0037]).
Regarding claim 15, Zagorchev 2009 discloses all the elements of the claimed invention as cited in claims 1 and 2.
Conversely Zagorchev 2009 does not teach wherein the temperature control device includes a heating pad disposed within the scanning cabin; or the
the temperature control device includes a heating pipeline, the heating pipeline is connected to the scanning cabin and transfers hot gas/hot water in the heating pipeline into the scanning cabin.
However Zagorchev 2010 discloses wherein the temperature control device includes a heating pad disposed within the scanning cabin; or the
the temperature control device includes a heating pipeline, the heating pipeline is connected to the scanning cabin and transfers hot gas/hot water in the heating pipeline into the scanning cabin ([0037] – “built-in tubing for temperature control, such as embedded tubes in the base of the bed 16 that would allow for the circulation of heated water or air”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the temperature control including a heating pipeline of Zagorchev 2010 to achieve the same results. One would have motivation to combine because “they help prevent tail veins from contracting in a cold environment and altering blood flow rates” (Zagorchev 2010 - [0037]).
Regarding claim 16, Zagorchev 2009 and Zagorchev 2010 disclose all the elements of the claimed invention as cited in claims 1, 2, and 4.
Zagorchev 2009 further discloses wherein the subject includes an animal ([0038] – “facilitate small animal imaging are included”),
Conversely Zagorchev 2009 does not teach the third control signal includes an injection parameter; and the injection parameter includes at least one of an injection dosage, an injection speed, or an injection time, and the injection device injects a medicine to the animal in the scanning cabin based on the injection parameter included in the third control signal.
However Zagorchev 2010 discloses the third control signal includes an injection parameter([0031] – “Holes are also provided, through which it is possible to insert or pull out catheters for isotope injection”, [0050] – “The workstation's 68 tasks include presenting results of monitoring and anesthesia, entering animal identification and tracer injection times”); and
the injection parameter includes at least one of an injection dosage, an injection speed, or an injection time, and the injection device injects a medicine to the animal in the scanning cabin based on the injection parameter included in the third control signal ([0031] – “Holes are also provided, through which it is possible to insert or pull out catheters for isotope injection”, [0050] – “The workstation's 68 tasks include presenting results of monitoring and anesthesia, entering animal identification and tracer injection times”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the injection device of Zagorchev 2010 to achieve the same results. One would have motivation to combine because it would allow for the injection of a tracer at a particular timing to achieve the best image.
Regarding claim 18, Zagorchev 2009 discloses all the elements of the claimed invention as cited in claims 1, 2, and 17.
Zagorchev 2009 further discloses wherein the physiological parameter includes at least one of a heart frequency, a respiratory signal, a body temperature signal, or a blood oxygen signal ([0063] – “The AMA subsystem 38 implements vital signs monitoring (temperature, pulse rate, blood pressure, ECG, etc.)”, [0043] – “ECG and respiration probes 20 are preferably integrated with the bed 16”), and the subject is an animal ([0038] – “facilitate small animal imaging are included”); the physiological monitoring device is configured to: monitor the physiological parameter of the animal ([0063] – “The AMA subsystem 38 implements vital signs monitoring (temperature, pulse rate, blood pressure, ECG, etc.)”, [0043] – “ECG and respiration probes 20 are preferably integrated with the bed 16”),
[…] the physiological monitoring device feeds a physiological parameter monitoring signal back to the communication device, and the communication device transmits the physiological parameter monitoring signal to the mobile device (As seen in Fig. 7 the AMA 38 is indirectly connected to the router 48 [communication device], [0061] – “A local user interface 32 provides local user access for instruction entry and status or data read out for the subject positioner 26, the animal monitoring and anesthesia system 38…the interface 32 could be a wireless device, such as a tablet PC”).
Conversely Zagorchev 2009 does not teach the physiological monitoring device is configured to: […] compare the physiological parameter with a preset threshold of the physiological parameter, and when the physiological parameter exceeds the preset threshold of the physiological parameter, the physiological monitoring device feeds a physiological parameter monitoring signal back to the communication device,[…].
However Zagorchev 2010 discloses the physiological monitoring device is configured to: […] compare the physiological parameter with a preset threshold of the physiological parameter, and when the physiological parameter exceeds the preset threshold of the physiological parameter, the physiological monitoring device feeds a physiological parameter monitoring signal back to the communication device,[…] ([0029] – “physiological parameter sensors 20”, [0012] – “Another advantage lies in use of monitored parameters to raise alarms or alerts that may affect imaging results or subject health”, it would be obvious to one with ordinary skill in the art to use a threshold value to determine what to raise alarms or alerts, alarms and alerts are a form of communication therefore it would be obvious to one with ordinary skill in the art to feed the physiological parameter monitoring signal to the communication device when the physiological parameter exceeds the preset threshold).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the comparison of the physiological parameter with a preset threshold of Zagorchev 2010 to achieve the same results. One would have motivation to combine because “Another advantage lies in use of monitored parameters to raise alarms or alerts that may affect imaging results or subject health” (Zagorchev 2010 - [0012]), therefore it would allow one to make adjustments that may improve imaging results or subject health.
Regarding claim 20, Zagorchev 2009 discloses all the elements of the claimed invention as cited in claims 1 and 2.
Conversely Zagorchev 2009 does not teach wherein the control module is further configured to compare the received physiological parameter with a preset threshold of the physiological parameter, and when the physiological parameter exceeds the preset threshold of the physiological parameter, send out an abnormal reminder signal.
However Zagorchev 2010 discloses wherein the control module is further configured to compare the received physiological parameter with a preset threshold of the physiological parameter, and when the physiological parameter exceeds the preset threshold of the physiological parameter, send out an abnormal reminder signal ([0029] – “physiological parameter sensors 20”, [0012] – “Another advantage lies in use of monitored parameters to raise alarms or alerts that may affect imaging results or subject health”, it would be obvious to one with ordinary skill in the art to use a threshold value to determine what to raise alarms or alerts, alarms and alerts are a form of communication therefore it would be obvious to one with ordinary skill in the art to feed the physiological parameter monitoring signal to the communication device when the physiological parameter exceeds the preset threshold).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the comparison of the physiological parameter with a preset threshold of Zagorchev 2010 to achieve the same results. One would have motivation to combine because “Another advantage lies in use of monitored parameters to raise alarms or alerts that may affect imaging results or subject health” (Zagorchev 2010 - [0012]), therefore it would allow one to make adjustments that may improve imaging results or subject health.
Claims 7, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zagorchev (US 20090043172) hereinafter Zagorchev 2009 as applied to claim 6 above, and further in view of Penghui (CN113387168A).
Regarding claim 7, Zagorchev 2009 discloses all the elements of the claimed invention as cited in claims 1, 5, and 6.
Zagorchev 2009 further discloses wherein the scanning cabin management module includes a mounting base ([0067] – “The Docking Interface module 29”)
Conversely Zagorchev 2009 does not teach wherein the […] management module includes […] a rotating substrate, the rotating substrate is rotatably mounted to the mounting base, and the plurality of cabin seats are disposed on the rotating substrate.
However Penghui discloses wherein the […] management module includes […] a rotating substrate, the rotating substrate is rotatably mounted to the mounting base, and the plurality of cabin seats are disposed on the rotating substrate ([n0045] – “The rotating chamber 1 is rotatably matched to the chamber base 5 via the rotating shaft 6, and can rotate under the drive of the power component”, [n0046] – “the rotating chamber 1 has a cylindrical structure, with multiple chambers 102 spaced upward around its outer periphery, so that each chamber 102 can accommodate a detection module 2”).
Penghui is an analogous art considering it is in the field of a device for storing modules and an actuator to transfer the modules.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the rotating substrate of Penghui to achieve the same results. One would have motivation to combine because it would allow for easier retrieval of each scanning cabin using the actuator.
Regarding claim 11, Zagorchev 2009 discloses all the elements of the claimed invention as cited in claims 1, 5, and 6.
Conversely Zagorchev 2009 does not teach wherein the transfer module includes a displacement unit and a mechanical arm unit, wherein the displacement unit is able to drive the mechanical arm unit to perform a translation; and
one end of the mechanical arm unit is connected to the displacement unit and the other end of the mechanical arm unit is configured to clamp the scanning cabin.
However Penghui discloses wherein the transfer module includes a displacement unit and a mechanical arm unit, wherein the displacement unit is able to drive the mechanical arm unit to perform a translation ([n0019] – “the access robotic arm is configured as a single arm, the bottom of which is fixed on a transverse guide rail”); and
one end of the mechanical arm unit is connected to the displacement unit and the other end of the mechanical arm unit is configured to clamp the scanning cabin (Fig. 1, [n0019] – “the access robotic arm is configured as a single arm, the bottom of which is fixed on a transverse guide rail, so that the access robotic arm can reciprocate on the transverse guide rail to switch the corresponding rotating cabin”, [n0064] – “matching the gripping slot 203 on the detection module 2 in the chamber 102 facing the retrieval port 301, and then the gripper applies force to clamp”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the transfer device of Penghui to achieve the same results. One would have motivation to combine because it would allow for easier retrieval of each scanning cabin using the actuator.
Regarding claim 12, Zagorchev 2009 and Penghui disclose all the elements of the claimed invention as cited in claims 1, 5, 6, and 11.
Conversely Zagorchev 2009 does not teach wherein the mechanical arm unit includes a clamping assembly and a rotating arm assembly, one end of the rotating arm assembly is connected to the clamping assembly and the other end of the rotating arm assembly is rotatably connected to the displacement unit;
the rotating arm assembly includes a connecting arm and a first rotating motor, the first rotating motor is mounted to the displacement unit, the connecting arm connects the first rotating motor and the clamping assembly, and the first rotating motor is capable of driving the connecting arm to rotate; and
the clamping assembly includes a driving component and a pair of clamping jaws oppositely disposed, the driving component connects the pair of clamping jaws and the rotating arm assembly, the driving component is configured to drive the pair of clamping jaws to rotate relative to the rotating arm assembly, and drive the pair of clamping jaws to be clamped or opened.
However Penghui discloses wherein the mechanical arm unit includes a clamping assembly and a rotating arm assembly, one end of the rotating arm assembly is connected to the clamping assembly and the other end of the rotating arm assembly is rotatably connected to the displacement unit (Fig. 1, [n0058] – “the clamping of the end of the robotic arm 7”, [n0057] – “the number of storage and retrieval robotic arms 7 is one, and its bottom is fixed on the mounting base 8. It can perform horizontal extension, lateral movement, and rotation around the axis, and can accurately complete the storage and retrieval work of the corresponding detection modules 2 on the two rotating chambers 1”);
the rotating arm assembly includes a connecting arm and a first rotating motor, the first rotating motor is mounted to the displacement unit, the connecting arm connects the first rotating motor and the clamping assembly, and the first rotating motor is capable of driving the connecting arm to rotate (Fig. 1 the robotic arm includes an arm with one end at the bottom connected to the transverse guide rail, as cited above the robotic arm can perform horizontal extension and rotation around the axis, as seen in Fig. 1 there are two rotation axes and a rotating motor would be required to perform robotic rotation around the axis and one with ordinary skill would find it obvious to mount the rotating motor to the displacement unit because it would keep the weight of the motor at the base and eliminate the need for longer cables); and
the clamping assembly includes a driving component and a pair of clamping jaws oppositely disposed (Fig. 1, [n0064] – “The storage and retrieval robotic arm 7 adjusts its position and the gripper extends into the storage chamber 3, matching the gripping slot 203 on the detection module 2 in the chamber 102 facing the retrieval port 301, and then the gripper applies force to clamp”), the driving component connects the pair of clamping jaws and the rotating arm assembly, the driving component is configured to drive the pair of clamping jaws to rotate relative to the rotating arm assembly, and drive the pair of clamping jaws to be clamped or opened (as shown in modified Fig. 1 below the driving component is interpreted as the top portion of the robotic arm assembly, as shown in the modified figure below the driving component connects the clamping jaws and the rotating arm assembly and it rotates relative to the rotating arm assembly to perform horizontal extension and rotation around the axis, [n0064] – “the gripper applies force to clamp”).
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the imaging system of Zagorchev 2009 to incorporate the mechanical arm unit of Penghui to achieve the same results. One would have motivation to combine because it would allow for easier retrieval of each scanning cabin using the actuator.
Allowable Subject Matter
Claims 8 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 8, Zagorchev 2009 teaches docking ports on the docking station which can be interpreted as adapters and Penghui teaches a rotating substrate. However Zagorchev 2009 and Penghui cannot be combined to teach the scanning cabin is rotatably mounted to the rotating substrate through the adapter relative to the rotating substrate. No art was found that would be obvious to combine with Zagorchev 2009 and Penghui to teach the scanning cabin is rotatably mounted to the rotating substrate through the adapter relative to the rotating substrate.
Regarding claim 9, Zagorchev 2009 teaches a display screen configured to display a physiological parameter of the subject ([0067] – “a touch screen 32 or other local user interface is included for controlling the positioner 26, displaying AMA data”) and Penghui teaches seats distributed on the rotating substrate along a circumferential direction (Fig. 1 of Penghui). However it would not be obvious for one with ordinary skill in the art for the plurality of cabin seats to be distributed on the rotating substrate along a circumferential direction of the display screen. No art was found that would be obvious to combine with Zagorchev 2009 and Penghui to teach the plurality of cabin seats are distributed on the rotating substrate along a circumferential direction of the display screen.
Conclusion
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/R.C.L./ Examiner, Art Unit 3797
/SHAHDEEP MOHAMMED/ Primary Examiner, Art Unit 3797