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 .
DETAILED ACTION
Response to Arguments
1. Applicant’s arguments, filed 9/24/2026, with respect to the amended claim(s) have been considered but, are moot due to a new grounds of rejection based upon a new reference, MARLE et al. (US 9662256 B2), see below.
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.
2. Claim(s) 1, 4 and 6-8 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over KOCH (DE 102006057626 B3) in view of MARLE et al. (US 9662256 B2).
Regarding claim 1, KOCH discloses a particle beam therapy facility (fig. 1) comprising:
a therapy room (2) that is independent of other rooms (5, 6, 7, 8, 9) and that is used to perform therapy with particle beams (4);
a plurality of preparation rooms (5, 6, 7, 8) that are used to perform preparations for the therapy (abstract Note immobilization); and
a transfer room (9) that is independent of other rooms and that is used to transfer between (via 16, 11-15) the therapy room and the preparation rooms,
a transport mechanism (conveying unit 16 on tracks 11-15) that transports a placement member (surface of 16) with a therapy target object (patient thereon) between the plurality of preparation rooms (5, 6, 7, 8) and the therapy room (2),
wherein the transfer room (9) includes a single continuous space that allows communication between (via 16, 11-15) a therapy room entrance of the therapy room (2) and a preparation room entrance of each of the plurality of preparation rooms (5, 6, 7, 8)
the transport mechanism is supported by a support portion (tracks 11-15) fixed on a floor surface of the transfer room (9) ,
(fig. 1)
(pg. 7) .
But KOCH fails to disclose the transport mechanism includes a transport arm that is rotatable around a center axis extending in an up-down direction, and
the transport arm is configured to
hold the placement member from inside one preparation room of the plurality of preparation rooms,
extract the placement member from the one preparation room through the preparation room entrance,
rotate around the center axis and face a direction of the therapy room,
enter the therapy room together with the placement member extracted from the one preparation room through the therapy room entrance, and
install the placement member in the therapy room as a transport destination.
MARLE, however, discloses an imaging/preparation room (figs. 12-13; 550), treatment room (540) and transfer room (where base of arm 400 is located); and
a transport mechanism (arm 400) that transports a placement member (bed of 400) with a therapy target object (patient 520) between the plurality of preparation imaging/preparation rooms (550) (col. 16; lines 1-35) and the therapy room (540),
wherein the transfer room (where base of arm 400 is located) includes a single continuous space that allows communication between a therapy room entrance of the therapy room (540) and other rooms ( 540) (col. 16; lines 1-35)
the transport mechanism is supported by a support portion (base of 400) fixed on a floor surface of the transfer room (fig. 13; where base of arm 400 is located),
the transport mechanism includes a transport arm (400) that is rotatable around a center axis extending in an up-down direction (figs. 12-13, 400) , and
the transport arm is configured to
hold the placement member (bed of 400) from inside one preparation room (550) of the plurality of preparation rooms (col. 16; lines 1-35) ,
extract the placement member from the one preparation room through the preparation room entrance (figs. 12-13, 400) ,,
rotate around the center axis and face a direction of the therapy room (figs. 12-13, 400) ,,
enter the therapy room (540) together with the placement member extracted from the one preparation room through the therapy room entrance (figs. 12-13, 400) ,, and
install the placement member in the therapy room (540) as a transport destination (figs. 12-13, 400) (col. 16; lines 1-35),.
(figs. 12-13; arm 400 moves patient 520 between various rooms 540 and 550)
(abstract)
(col. 16; lines 1-35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of KOCH, with a transport mechanism that includes a transport arm for moving the patient/placement member bed between various plural rooms for imaging, treatment and/or preparation, as taught by MARLE, to use as a substitution of one known transport mechanism (i.e. a transport arm) for another to obtain predictable patient moving and positioning between rooms/locations results.
Regarding claim 6, KOCH discloses a particle beam therapy device (fig. 1) comprising:
a support portion (tracks 11-15) provided between a therapy section (2) for performing therapy with particle beams (4) and a plurality of preparation sections (section/areas of 5, 6, 7, 8) for performing preparations for the therapy (abstract Note immobilization); and
a transport mechanism (16) that is supported by the support portion (11-15) to be movable between the plurality of preparation sections (section/areas of 5, 6, 7, 8) and the therapy section (2) and that transports a placement member (surface of 16) with a therapy target object (patient thereon) (pg. 7) (on 16) (abstract) between the plurality of preparation sections and the therapy section (2)
(fig. 1)
(pg. 7) .
But KOCH fails to disclose wherein the transport mechanism includes a transport arm that is rotatable around a center axis extending in an up-down direction, and
the transport arm is configured to
hold the placement member from inside one preparation section of the plurality of preparation sections,
extract the placement member from the one preparation section through a preparation room entrance,
rotate around the center axis and face a direction of the therapy section,
enter the therapy section together with the placement member extracted from the one preparation section through a therapy room entrance, and
install the placement member in the therapy section as a transport destination.
MARLE, however, discloses an imaging/preparation room (figs. 12-13; 550), treatment room (540) and transfer room (where base of arm 400 is located); and
a transport mechanism (arm 400) that transports a placement member (bed of 400) with a therapy target object (patient 520) between the plurality of preparation imaging/preparation rooms (550) (col. 16; lines 1-35) and the therapy room (540),
wherein the transfer room (where base of arm 400 is located) includes a single continuous space that allows communication between a therapy room entrance of the therapy room (540) and other rooms ( 540) (col. 16; lines 1-35)
the transport mechanism is supported by a support portion (base of 400) fixed on a floor surface of the transfer room (fig. 13; where base of arm 400 is located),
the transport mechanism includes a transport arm (400) that is rotatable around a center axis extending in an up-down direction (figs. 12-13, 400) , and
the transport arm is configured to
hold the placement member (bed of 400) from inside one preparation section/room (550) of the plurality of preparation sections (col. 16; lines 1-35) ,
extract the placement member from the one preparation section/room through a preparation room entrance (figs. 12-13, 400) ,,
rotate around the center axis and face a direction of the therapy section/room (figs. 12-13, 400) ,,
enter the therapy section/room (540) together with the placement member extracted from the one preparation section/room through the therapy room entrance (figs. 12-13, 400) ,, and
install the placement member in the therapy section/room (540) as a transport destination (figs. 12-13, 400) (col. 16; lines 1-35),.
(figs. 12-13; arm 400 moves patient 520 between various rooms 540 and 550)
(abstract)
(col. 16; lines 1-35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of KOCH, with a transport mechanism that includes a transport arm for moving the patient/placement member bed between various plural rooms for imaging, treatment and/or preparation, as taught by MARLE, to use as a substitution of one known transport mechanism (i.e. a transport arm) for another to obtain predictable patient moving and positioning between rooms/locations results.
Regarding claim 4, KOCH discloses that the plurality of preparation rooms (5, 6, 7, 8) are disposed to surround the transfer room (9) .
Regarding claim 7, KOCH discloses a therapy room (2) that is independent of other rooms (5, 6, 7, 8) and that is provided with the therapy section (3) ; a plurality of preparation rooms (5, 6, 7, 8) that are each provided with the preparation section (section/areas of 5, 6, 7, 8); and a transfer room (9) that is independent of other rooms, that is provided with the transport mechanism (16) , and that is used to transfer between the therapy room (2) and the preparation rooms (pg. 7).
Regarding claim 8, KOCH discloses that the plurality of preparation sections (section/areas of 5, 6, 7, 8) are disposed to surround the transport mechanism (16) .
2. Claim(s) 5 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over KOCH (DE 102006057626 B3) in view of MARLE et al. (US 9662256 B2); hereinafter “the combined references”, as applied to claim 1 and/or 6 above, and further in light of SOMMER et al. (DE 102004048210 A1) and (JP 6538423 B2).
Regarding claim 5, KOCH discloses claim 1.
But KOCH fails to disclose a boron concentration measurement room that is independent of other rooms and that is used to measure a boron concentration of the therapy target object .
SOMMER, however, discloses a measurement room (imaging rooms 7’s with 9) that is independent of other rooms (2, 8, other 7) and that is used to measure
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of KOCH, with a measurement room that is independent of other rooms, as taught by SOMMER, to use for x-ray imaging the portion of the patient to be treated via the therapy beam for increased accuracy and prevention of unnecessary healthy tissue irradiation and increased high patient throughput (pg. 6).
But KOCH as modified by SOMMER fails to disclose a boron concentration measurement room that is used to measure a boron concentration of a therapy target object.
(JP 6538423 B2)., however, discloses an irradiation room (fig. 1, containing 12, 18 and 20) that is a boron concentration measurement room (fig. 1; containing 10, 20) that is used to measure (via 19, 20) a boron concentration of a therapy target object (on 18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of KOCH, with an irradiation room that is a boron concentration measurement room that is used to measure a boron concentration of a therapy target object, as taught by (JP 6538423 B2)., to use as a substitution of one known irradiation/treatment room type (i.e. boron centration measuring and irradiation treatment room) for another (i.e. generic beam therapy/imaging room) to obtain predictable boron concentration measurement and tumor treatment results.
2. Claim(s) 10-13 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over KOCH (DE 102006057626 B3) in view of MARLE et al. (US 9662256 B2); hereinafter “the combined references”, as applied to claim 1 and/or 6 above, and further in light of SOMMER et al. (DE 102004048210 A1).
Regarding claim 10, KOCH discloses wherein the support portion (tracks 11-15) is provided between the therapy section (2), the plurality of preparation sections (section/areas of 5, 6, 7, 8), and an
Regarding claim 11, KOCH discloses an
Regarding claim 12, KOCH discloses wherein the transport mechanism (16) is configured to
transport a first therapy target object (pg. 7) (on 16) from a first preparation section (section/areas of 5, 6, 7 or 8) to the therapy section (2), and
transport, during therapy of the first therapy target object in the therapy section, a second therapy target object (pg. 7) from a second preparation section (of 5, 6, 7, or 8)
(fig. 1, plural 16s are provided for transport between 2, 5, 6, 7, 8 and 9)
Regarding claim 13, KOCH discloses wherein the transport mechanism (16) is configured to
transport a first therapy target object (pg. 7) (on 16) from a first preparation section (section/areas of 5, 6, 7 or 8) to
transport,
But KOCH fails to disclose an imaging section for imaging the therapy target object; and/or a separate imaging room for imaging.
SOMMER, however, discloses patient preparation rooms (2) with preparation sections (sections/areas of 2 , 12) (fig. 1, 2), transfer room (4), imaging rooms (7 with 9) for imaging the therapy target object , therapy rooms (8 with 10) ; and a transport mechanism (30) for transporting (32, 35, 36) the patient between rooms (figs. `1-2); and
wherein the transport mechanism (30) transports a first therapy target object (on 30) from a first preparation section (section/areas of 2’s) to
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA applications) to combine/modify the invention of KOCH, with an imaging section for imaging the therapy target object; and/or a separate imaging room for imaging and treatment done in parallel for multiple patients, as taught by SOMMER, to use for x-ray imaging the portion of the patient to be treated via the therapy beam for increased accuracy and prevention of unnecessary healthy tissue irradiation and increased high patient throughput (pg. 6).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew Smyth whose telephone number is 571-270-1746. The examiner can normally be reached between 9:00AM - 6:00PM; Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Georgia Epps can be reached on (571) 272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SMYTH/Primary Examiner, Art Unit 2878
