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
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 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KOCH (DE 102006057626 B3).
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,
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)
(fig. 1)
(pg. 7) .
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 therapy target object (pg. 7) (on 16) (abstract) between the plurality of preparation sections and the therapy section (2)
(fig. 1)
(pg. 7) .
Regarding claim 2, KOCH discloses a support portion (tracks 11-15) provided in the transfer room (9) ; and a transport mechanism (16) that is supported by the support portion to be movable between the plurality of preparation rooms (5, 6, 7, 8) and the therapy room (2) and that transports a therapy target object (pg. 7) (on 16) between the plurality of preparation rooms and the therapy room.
Regarding claim 3, KOCH discloses that the transport mechanism (16) is rotatable around a center axis (at 19) extending in an up-down direction.
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) .
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) 5 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over KOCH (DE 102006057626 B3) in view of and in light of SOMMER et al. (DE 102004048210 A1) in light of (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 a 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) 9 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over KOCH (DE 102006057626 B3) in view of LIFSHITZ et al. (US 20090154645 A1).
Regarding claim 9, KOCH discloses the transport mechanism (16) includes a
But KOCH fails to disclose the transport mechanism (16) includes a transport arm.
LIFSHITZ, however, discloses a transport mechanism (90, 140) includes a transport arm (162) [0049] that is rotatable around a center axis [0049] (320) extending in an up-down direction; and
that transports a patient (on 140) on rails [0046] between a passageway (30), treatment room (50), and preparations rooms (20) [0046] .
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 includes a transport arm that is rotatable around a center axis, as taught by LIFSHITZ, to use for securing a patient positioning according to a treatment plan (abstract) and for transporting the patient from preparation room to treatment room [0049] for improved throughput and patient safety [0008-0009]..
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 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) transports 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 transports, 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) transports a first therapy target object (pg. 7) (on 16) from a first preparation section (section/areas of 5, 6, 7 or 8) to
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 in9vention 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
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
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