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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 07/10/2024 have been considered by the Examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Langi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(1)(1) - 706.02(1)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to
www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
Claim(s) 1 and 14-15 of instant application are rejected on the ground of nonstatutory double patenting (nsdp) as being unpatentable over claim(s) 13, 13 and 20 of U.S. Patent Number: 11614505. They appear to be commonly owned of different inventive entities. Although the claims at issue are not identical, they are not patentably distinct from each other because: said Claim(s) of the instant application are anticipated by species of US 11614505 as illustrated in the chart below (See MPEP §804.03, § 2131.02: "A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus." The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960); In re Gosteli, 872 F.2d 1008, 10 USPQ2d 1614 (Fed. Cir. 1989)):
Instant Application 18/769295
US Patent 11614505
1. A deployable guard device configured to be coupled to a portable magnetic resonance imaging (MRI) device,
the deployable guard device comprising:
a plurality of arms that, when the deployable guard device is in a deployed position, at least partially surround a region within which a magnetic field strength of a magnetic field generated by the portable MRI device equals or exceeds a threshold field strength; and
at least one deployment device configured to generate a force to facilitate moving the deployable guard device from an undeployed position to the deployed position.
13. An apparatus comprising:
a deployable guard device configured to be coupled to a portable magnetic resonance imaging device,
the deployable guard device further configured to,
when deployed, demarcate a boundary within which a magnetic field strength of a magnetic field generated by the portable magnetic resonance imaging device equals or exceeds a given threshold,
wherein: when in a deployed position, the deployable guard device extends radially further from an imaging region of the portable magnetic resonance imaging device than when the deployable guard device is in an undeployed position; and
the deployable guard device is configured to automatically move between the undeployed position and the deployed position in response to application of a force on the deployable guard device.
Claim 14
Same as Claim 13 for NSDP.
Claim 15
Same as Claim 20 for NSDP.
Terminal Disclaimer
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seg. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto. gov/patents/process/file/efs/guidance/eTD-info-L.jsp.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 10-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Livni et al. (US 6317618; hereinafter Livni).
Regarding claim 1, Livni discloses in figure(s) 1-6 a deployable guard device configured to be coupled to a portable magnetic resonance imaging (MRI) device (abs. – transportable mri), the deployable guard device comprising:
a plurality of arms that (pg. 7 par. 3- arm 5 is inverted-L-shaped, and Is pivotally coupled to a slider block 9 which can be moved and repositioned along a vertical column 10 mounted on a step 13, at the front of the apparatus main housing 7, and supported from its top by cantilever 35; removable RF shield 41,47,49, cage 40, RFI gasket 46; fig. 6), when the deployable guard device is in a deployed position, at least partially surround a region within which a magnetic field strength of a magnetic field (pg. 9 par. 2 - RF shielding means to prevent background or noise signals from interfering with the operation of MRI systems, as the magnetic resonance signal is weak … preferably in the range of 0.1-0.6 Tesla) generated by the portable MRI device equals or exceeds a threshold field strength (pg. 9 par.6 - In order to prevent outside stray signals from Infiltrating the cage at the seams, RFI gasket 46 is provided along the joining lines of the cage and the apparatus. In order to prevent RF signal from entering the cage from underneath, a hard aluminum sheet is placed underneath the cage, prior to the deployment of the cage and throughout the imaging procedure); and
at least one deployment device configured to generate a force to facilitate moving the deployable guard device from an undeployed position to the deployed position (clms. 5-6 : - ferromagnetic metal casing comprises a door that is pivotally connected to a hinge, thereby allowing the door to be opened and closed… the hinge is coupled to a torsion spring that forces the door open when the magnetic structure is in the second position, but allows the door to close when the magnetic structure is in the first position and exerts a magnetic force on the door).
Regarding claim 2, Livni discloses in figure(s) 1-6 the deployable guard device of claim 1, wherein the at least one deployment device comprises a torsion spring (clms. 6 - torsion spring).
Regarding claim 3, Livni discloses in figure(s) 1-6 the deployable guard device of claim 1, wherein the at least one deployment device comprises a respective deployment device coupled to each of the plurality of arms (pg. 5 par. 3 - two opposite foldable deployable walls 41,49/40).
Regarding claim 4, Livni discloses in figure(s) 1-6 the deployable guard device of claim 1, wherein the deployable guard device is radially asymmetrical (cuboid shape of 40).
Regarding claim 10, Livni discloses in figure(s) 1-6 the deployable guard device of claim 1, wherein the plurality of arms comprises at least four arms (41,47,49, 46).
Regarding claim 11, Livni discloses in figure(s) 1-6 the deployable guard device of claim 1, wherein at least two arms of the plurality of arms are configured to move from the deployed position to the undeployed position in response to a force on only one of the at least two arms the plurality of arms (pg. 9 par. 1 - arm 5 with magnets 3 suspended on it to be brought to the storing position).
Regarding claim 12, Livni discloses in figure(s) 1-6 the deployable guard device of claim 1, wherein at least two arms of the plurality of arms are configured to move from the undeployed position to the deployed position in response to a force on only one of the at least two of the plurality of arms (pg. 9 par. 1 - arm 5 with magnets 3 suspended on it to be brought to the storing position).
Regarding claim 13, Livni discloses in figure(s) 1-6 the deployable guard device of claim 1, wherein the at least one deployment device is configured to automatically return the deployable guard device to the deployed position in response to a force on the deployable guard device towards the undeployed position (pg. 7 par. 3 - deploying and positioning of the magnets is achieved by the following means: lowering or raising of the magnets is achieved by moving slider block 9 up or down vertical column 10, thus raising or lowering arm 5 holding the magnets 3; - pg. 8 par. 4 - wheels may optionally be connected to a motor--possibly an electric pneumatic or hydraulic, to provide an automotive force for the transporting of the apparatus).
Regarding claim 14, Livni discloses in figure(s) 1-6 a system, comprising:
a portable magnetic resonance imaging (MRI) device (mri apparatus 1; fig. 6 ) ; and
a deployable guard device (40) coupled to the portable MRI device, the deployable guard device comprising:
a plurality of arms that (pg. 7 par. 3- arm 5 is inverted-L-shaped, and Is pivotally coupled to a slider block 9 which can be moved and repositioned along a vertical column 10 mounted on a step 13, at the front of the apparatus main housing 7, and supported from its top by cantilever 35;removable RF shield 41,47,49, cage 40, RFI gasket 46; fig. 6), when the deployable guard device is in a deployed position, at least partially surround a region within which a magnetic field strength of a magnetic field (pg. 9 par. 2 - RF shielding means to prevent background or noise signals from interfering with the operation of MRI systems, as the magnetic resonance signal is weak … preferably in the range of 0.1-0.6 Tesla) generated by the portable MRI device equals or exceeds a threshold field strength (pg. 9 par.6 - In order to prevent outside stray signals from Infiltrating the cage at the seams, RFI gasket 46 is provided along the joining lines of the cage and the apparatus. In order to prevent RF signal from entering the cage from underneath, a hard aluminum sheet is placed underneath the cage, prior to the deployment of the cage and throughout the imaging procedure); and
at least one deployment device configured to generate a force to facilitate moving the deployable guard device from an undeployed position to the deployed position (clms. 5-6 : - ferromagnetic metal casing comprises a door that is pivotally connected to a hinge, thereby allowing the door to be opened and closed… the hinge is coupled to a torsion spring that forces the door open when the magnetic structure is in the second position, but allows the door to close when the magnetic structure is in the first position and exerts a magnetic force on the door).
Regarding claim 15, Livni discloses in figure(s) 1-6 a method for operating a magnetic resonance imaging (MRI) device, the MRI device being coupled to a deployable guard device (pg. 3 par. 8 - provide a transportable intraoperative magnetic resonance imaging apparatus provided with a removable magnetic flux suppressor to suppress the magnetic flux of the magnet in its surroundings while the apparatus is being transferred) comprising
a plurality of arms that (pg. 7 par. 3- arm 5 is inverted-L-shaped, and Is pivotally coupled to a slider block 9 which can be moved and repositioned along a vertical column 10 mounted on a step 13, at the front of the apparatus main housing 7, and supported from its top by cantilever 35;removable RF shield 41,47,49, cage 40, RFI gasket 46; fig. 6), when the deployable guard device is in a deployed position, at least partially surround a region within which a magnetic field strength of a magnetic field (pg. 9 par. 2 - RF shielding means to prevent background or noise signals from interfering with the operation of MRI systems, as the magnetic resonance signal is weak … preferably in the range of 0.1-0.6 Tesla) generated by the portable MRI device equals or exceeds a threshold field strength (pg. 9 par.6 - In order to prevent outside stray signals from Infiltrating the cage at the seams, RFI gasket 46 is provided along the joining lines of the cage and the apparatus. In order to prevent RF signal from entering the cage from underneath, a hard aluminum sheet is placed underneath the cage, prior to the deployment of the cage and throughout the imaging procedure), wherein: the deployable guard device further comprises at least one deployment device configured to generate a force to facilitate moving the deployable guard device from an undeployed position to the deployed position (clms. 5-6 : - ferromagnetic metal casing comprises a door that is pivotally connected to a hinge, thereby allowing the door to be opened and closed… the hinge is coupled to a torsion spring that forces the door open when the magnetic structure is in the second position, but allows the door to close when the magnetic structure is in the first position and exerts a magnetic force on the door), transporting the MRI device from a first location to a second location (12-14; abs. - a transportable platform, provided with a casing made of ferromagnetic metal, and a magnetic resonance imaging system mounted onto said transportable platform); and moving the deployable guard device from the deployed position (RF cage 40 deployed state in fig. 6) to the undeployed position (40 in stored state in fig. 5).
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 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.
Claim(s) 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Livni in view of Sayler et al. (US 20200170539).
Regarding claim 5, Livni teaches in figure(s) 1-6 the deployable guard device of claim 1,
Livni does not teach explicitly wherein the deployable guard device is bilaterally asymmetrical.
However, Sayler teaches in figure(s) 1-11 wherein the deployable guard device is bilaterally asymmetrical (arms 80, 80f; fig. 6B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Livni by having wherein the deployable guard device is bilaterally asymmetrical as taught by Sayler in order to provide routine design option from a limited possibilities as evidenced by "assemblies for use during image-guided procedures and can include turret arms and/or longitudinally extending and laterally extending cooperating devices for holding surgical tools such as trajectory guides" (abstract of Sayler).
Regarding claim 6, Livni teaches in figure(s) 1-6 the deployable guard device of claim 1,
Livni does not teach explicitly wherein at least some arms of the plurality of arms are movable to the deployed position while others of the plurality of arms remain in an undeployed position.
However, Sayler teaches in figure(s) 1-11 wherein at least some arms of the plurality of arms are movable (80f,85; fig. 6B; para. 81 - turret arm 80 using at least one mount member 85 that can slidably move over the turret arm 80 to allow for positional adjustment relative thereto) to the deployed position while others (80,70) of the plurality of arms remain in an undeployed position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Livni by having wherein at least some arms of the plurality of arms are movable to the deployed position while others of the plurality of arms remain in an undeployed position as taught by Sayler in order to provide routine design option from a limited possibilities as evidenced by "assemblies for use during image-guided procedures and can include turret arms and/or longitudinally extending and laterally extending cooperating devices for holding surgical tools such as trajectory guides" (abstract of Sayler).
Regarding claim 7, Livni teaches in figure(s) 1-6 the deployable guard device of claim 1,
Livni does not teach explicitly wherein: the plurality of arms comprises a first arm and a second arm; and the first and second arms at least partially overlap one another in space when the deployable guard device is in the deployed position.
However, Sayler teaches in figure(s) 1-11 wherein: the plurality of arms comprises a first arm (80, 85; fig. 6B) and a second arm (70, 80f); and the first and second arms at least partially overlap one another in space when the deployable guard device is in the deployed position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Livni by having wherein: the plurality of arms comprises a first arm and a second arm; and the first and second arms at least partially overlap one another in space when the deployable guard device is in the deployed position as taught by Sayler in order to provide routine design option from a limited possibilities as evidenced by "assemblies for use during image-guided procedures and can include turret arms and/or longitudinally extending and laterally extending cooperating devices for holding surgical tools such as trajectory guides" (abstract of Sayler).
Regarding claim 8, Livni in view of Sayler teaches the deployable guard device of claim 7,
Sayler additionally teaches in figure(s) 1-11 wherein the first (80, 85; fig. 6B) and second arms (70, 80f) are not coupled together at a point where the first and second arms at least partially overlap each other.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Livni by having wherein the first and second arms are not coupled together at a point where the first and second arms at least partially overlap each other as taught by Sayler in order to provide routine design option from a limited possibilities as evidenced by "assemblies for use during image-guided procedures and can include turret arms and/or longitudinally extending and laterally extending cooperating devices for holding surgical tools such as trajectory guides" (abstract of Sayler).
Regarding claim 9, Livni in view of Sayler teaches the deployable guard device of claim 7,
Sayler additionally teaches in figure(s) 1-11 wherein a first end of the first arm (80, 85; fig. 6B) overlaps a first end of the second arm (70, 80f) when the deployable guard device is in the deployed position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Livni by having wherein a first end of the first arm overlaps a first end of the second arm when the deployable guard device is in the deployed position as taught by Sayler in order to provide routine design option from a limited possibilities as evidenced by "assemblies for use during image-guided procedures and can include turret arms and/or longitudinally extending and laterally extending cooperating devices for holding surgical tools such as trajectory guides" (abstract of Sayler).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKM ZAKARIA whose telephone number is (571)270-0664. The examiner can normally be reached on 8-5 PM (PST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached on (571) 272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKM ZAKARIA/
Primary Examiner, Art Unit 2858