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 .
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 Longi, 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1, 7-9, 11, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 9, 13, and 15 of U.S. Patent No. 12,070,626. Although the claims at issue are not identical, they are not patentably distinct from each other because both are directed to the same invention wherein any differences in wording or structural differences represent obvious variations or equivalent implementations of the same system or method and do not define a distinct invention.
Allowable Subject Matter
Claims 1-14, 18, and 19 would be allowable if rewritten or amended to overcome the double patenting rejection(s) set forth in this Office action.
Claims 15-17, 20, and 21 are allowed.
The following is a statement of reasons for the indication of allowable subject matter.
US 20200346040 A1 teaches a radiation therapy system comprising multiple patient rooms, each of the preparation rooms being provided with a patient transfer port, and a treatment system manipulator configured to position the treatment system relative to each of the multiple patient preparation rooms, in which treatment position, treatment space, and entry port of the treatment system is aligned with the patient transfer opening of one of the patient preparation rooms to enable direct transfer of a patient from the one of the preparation rooms into the treatment space.
US 20120228522 A1 teaches a radiation assembly comprising: a radiation device comprising an accelerator; a radiation projector; and a radiation device gantry, wherein the gantry moveably supports the accelerator and projector, such that the accelerator and the projector can in unison be rotated about a horizontal patient treatment axis, wherein the gantry provides a range of movement of the radiation device that defines a cylindrical treatment space, extending between a first end and a second opposite end, the cylindrical treatment space having the patient treatment axis at a center thereof.
However, none of the prior art teach the gantry and gantry manipulator as claimed as they relate to the multi-room patient treatment space and/or a patient preparation room manipulator, configured to position the multiple patient preparation rooms in a treatment position, in the treatment position the treatment space entry port being aligned with the patient transfer opening of one of the patient preparation rooms, to enable direct transfer of a patient from one of the preparation rooms into the treatment space, in combination with the other claimed limitations.
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