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 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.
Claim(s) 1, 10, 11, and 17-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3573075 (BOTTURA).
Regarding claim 1, BOTTURA disclose a charged particle beam delivery assembly for use in a charged particle therapy system, comprising:
an annular gantry (100) having a bore extending along a longitudinal axis (Fig. 12 and 18); and
a plurality of beam transport magnets (coils 1a, 1b) coupled to the gantry (100), each beam transport magnet extending within a plane oriented relative to the longitudinal axis such that a charged particle beam entering the annular gantry along a first beam trajectory at an entrance point is bent towards the longitudinal axis by one or more magnetic fields generated by the beam transport magnets, thereby exiting the annular gantry at an exit point along a second beam trajectory (Fig. 12, [0077]).
Regarding claim 10, BOTTURA disclose the beam delivery assembly of claim 1, wherein each of the beam transport magnets extends in an axial plane and are circumferentially distributed about the longitudinal axis of the gantry (Fig. 12 and 18).
Regarding claim 11, BOTTURA disclose the beam delivery assembly of claim 10, wherein the beam transport magnets are configured to generate the one or more magnetic fields such that a charged particle beam entering the gantry at the entrance point along a direction oriented towards the longitudinal axis is steered towards the longitudinal axis (Fig. 12 and 18).
Regarding claim 17, BOTTURA disclose the beam delivery assembly of any one of claim 1, wherein the beam transport magnets are configured to generate one or more magnetic field gradients within the annular gantry, such that the one or more magnetic field gradient further steer the charged particle beam from the first beam trajectory to the second beam trajectory (Fig. 6).
Regarding claim 18, BOTTURA disclose the beam delivery assembly of claim 17, wherein the one or more magnetic field gradients comprise a radial magnetic field gradient (Fig. 6).
Regarding claim 19, BOTTURA disclose the beam delivery assembly of claim 17, wherein the one or more magnetic field gradients comprise an axial magnetic field gradient (Fig. 6).
Regarding claim 20, BOTTURA disclose the beam delivery assembly of claim 1, wherein the annular gantry is a static annular gantry that holds the plurality of beam transport magnetic in a fixed position about the longitudinal axis [0014].
Regarding claim 21, BOTTURA disclose the beam delivery assembly of claim 1, wherein the plurality of beam transport magnets fully encircle the bore of the annular gantry (Fig. 12 and 18).
Regarding claim 22, BOTTURA disclose the beam delivery assembly of claim 1, wherein the plurality of beam transport magnets span a range of azimuthal angles about the bore of the annular gantry that is less than 360 degrees (Fig. 12 and 18).
Regarding claim 23, BOTTURA disclose the beam delivery assembly of claim 22, wherein the plurality of beam transport magnets comprise a beam transport magnet module that is rotatable about the longitudinal axis (Fig. 12 and 18).
Regarding claim 24, BOTTURA disclose the beam delivery assembly of claim 22, wherein the plurality of beam transport magnets comprises two beam transport magnets each extending in a different radial plane oriented at a different azimuthal angle with respect to the longitudinal axis of the gantry (Fig. 12 and 18).
Regarding claim 25, BOTTURA disclose the beam delivery assembly of claim 22, wherein the plurality of beam transport magnets comprises three beam transport magnets each extending in a different radial plane oriented at a different azimuthal angle with respect to the longitudinal axis of the gantry (Fig. 12 and 18).
Regarding claim 26, BOTTURA disclose the beam delivery assembly of claim 1, wherein the annular gantry has a diameter in a range of 10 feet to 16 feet [0067].
Regarding claim 27, BOTTURA disclose the beam delivery assembly of claims 1 or 26, wherein the annular gantry has a length in a range of 4 feet to 15 feet [0067].
Regarding claim 28, BOTTURA disclose the beam delivery assembly of 1, wherein the bore comprises a recessed region that partially extends into a housing of the gantry to define a region sized to receive a portion of a patient's anatomy (Fig. 18).
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.
Claim(s) 2-8 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over BOTTURA as applied to claims 1 and 11 above, and further in view of EP 2821102 (NODA).
Regarding claim 2, BOTTURA disclose the beam delivery assembly of claim 1, but fails to teach wherein each of the beam transport magnets extends in a radial plane oriented at an azimuthal angle with respect to the longitudinal axis of the gantry.
NODA teaches beam transport magnets that extend in a radial plane oriented at an azimuthal angle with respect to a longitudinal axis of a gantry (Fig. 7, [0034]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of BOTTURA with the teachings of NODA. One would have been motivated to make such a modification to bend and steer the particle beam around the gantry while keeping the patient fixed at the isocenter (Fig. 7, [0034]).
Regarding claim 3, BOTTURA in view of NODA disclose the beam delivery assembly of claim 2, wherein the beam transport magnets are configured to generate the one or more magnetic fields such that a charged particle beam entering the gantry at the entrance point along a direction oriented along the longitudinal axis is bent towards the longitudinal axis (Fig. 7, [0034]).
Regarding claim 4, BOTTURA in view of NODA disclose the beam delivery assembly of claim 2, further comprising a scanning magnet that generates a magnetic field that steers the charged particle beam in a vertical direction thereby adjusting a longitudinal position of the exit point of the charged particle beam as it exits the gantry (Fig. 7, [0034]).
Regarding claim 5, BOTTURA in view of NODA disclose the beam delivery assembly of claim 2, further comprising a scanning magnet that generates a magnetic field that steers the charged particle beam in a horizontal direction thereby adjusting an azimuthal position of the exit point of the charged particle beam as it exits the gantry (Fig. 7, [0034]).
Regarding claim 6, BOTTURA in view of NODA disclose the beam delivery assembly of claim 2, further comprising: a first scanning magnet that generates a magnetic field that steers the charged particle in a vertical direction thereby adjusting a longitudinal position of the exit point of the charged particle beam as it exits the gantry; and a second scanning magnet that generates a magnetic field that steers the charged particle beam in a horizontal direction thereby adjusting an azimuthal position of the exit point of the charged particle beam as it exits the gantry (Fig. 7, [0034]).
Regarding claim 7, BOTTURA in view of NODA disclose the beam delivery assembly of claim 6, wherein the first scanning magnet comprises a first scanning magnet part and a second scanning magnet part, wherein the first scanning magnet part is arranged on a first side of the second scanning magnet and the second scanning magnet part is arranged on a second side of the second scanning magnet opposite the first side along the longitudinal axis (Fig. 7, [0034]).
Regarding claim 8, BOTTURA in view of NODA disclose the beam delivery assembly of claim 7, wherein the second scanning magnet is centered between the first scanning magnet part and the second scanning magnet part, such that the first scanning magnet and the second scanning magnet have a common virtual source position (Fig. 7, [0034]).
Regarding claim 12, BOTTURA disclose the beam delivery assembly of claim 11, but fails to teach further comprising a scanning magnet that generates a magnetic field that steers the charged particle beam in a horizontal direction thereby adjusting a longitudinal position of the exit point of the charged particle beam as it exits the gantry.
Noda disclose a scanning magnet that generates a magnetic field that steers the charged particle beam in a horizontal direction thereby adjusting a longitudinal position of the exit point of the charged particle beam as it exits the gantry (Fig. 7, [0035]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of BOTTURA with the teachings of NODA. One would have been motivated to make such a modification to shift the beam exit point along the longitudinal direction without moving the patient or the gantry (Fig. 7, [0035]).
Regarding claim 13, BOTTURA disclose the beam delivery assembly of claim 11, but fails to teach further comprising a scanning magnet that generates a magnetic field that steers the charged particle beam in a vertical direction thereby adjusting an azimuthal position of the exit point of the charged particle beam as it exits the gantry.
NODA disclose a scanning magnet that generates a magnetic field that steers the charged particle beam in a vertical direction thereby adjusting an azimuthal position of the exit point of the charged particle beam as it exits the gantry (Fig. 7, [0035]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of BOTTURA with the teachings of NODA. One would have been motivated to make such a modification to shift the beam exit point in the azimuthal direction without rotating the gantry (Fig. 7, [0035])
Regarding claim 14, BOTTURA disclose the beam delivery assembly of claim 11, but fail to teach further comprising: a first scanning magnet that generates a magnetic field that steers the charged particle beam in a horizontal direction thereby adjusting a longitudinal position of the exit point of the charged particle beam as it exits the gantry; and a second scanning magnet that generates a magnetic field that steers the charged particle beam in a vertical direction thereby adjusting an azimuthal position of the exit point of the charged particle beam as it exits the gantry.
NODA disclose further comprising: a first scanning magnet that generates a magnetic field that steers the charged particle beam in a horizontal direction thereby adjusting a longitudinal position of the exit point of the charged particle beam as it exits the gantry; and a second scanning magnet that generates a magnetic field that steers the charged particle beam in a vertical direction thereby adjusting an azimuthal position of the exit point of the charged particle beam as it exits the gantry (Fig. 7, [0035]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of BOTTURA with the teachings of NODA. One would have been motivated to make such a modification to provide two-dimensional electromagnetic control of the beam exit position without mechanically moving the gantry or patient (Fig. 7, [0035])
Regarding claim 15, BOTTURA in view of NODA disclose the beam delivery assembly of claim 14, wherein the second scanning magnet comprises a first scanning magnet part and a second scanning magnet part, wherein the first scanning magnet part is arranged on a first side of the first scanning magnet and the second scanning magnet part is arranged on a second side of the first scanning magnet opposite the first side along the longitudinal axis (Fig. 7, [0035]).
Regarding claim 16, BOTTURA in view of NODA disclose the beam delivery assembly of claim 15, wherein the first scanning magnet is centered between the first scanning magnet part and the second scanning magnet part, such that the first scanning magnet and the second scanning magnet have a common virtual source position (Fig. 7, [0035]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over BOTTURA as applied to claim 1 above, and further in view of EP 1358908 (Kats).
Regarding claim 9, BOTTURA disclose the beam delivery assembly of claim 1, but fail to teach wherein the plurality of beam transport magnets define a plurality of different azimuthally distributed radial sectors of the annular gantry, each radial sector defining a different azimuthal angle along which the charged particle beam can be steered towards the longitudinal axis.
Kats teaches a plurality of beam transport magnets define a plurality of different azimuthally distributed radial sectors of the annular gantry, each radial sector defining a different azimuthal angle along which the charged particle beam can be steered towards the longitudinal axis (Fig. 1, [0012] and [0026]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the invention of BOTTURA with the teachings of NODA. One would have been motivated to make such a modification to enable beam delivery from multiple discrete angular directions around the patient while maintaining a compact annular gantry (Fig. 1, [0012] and [0026]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANI FOX whose telephone number is (571)272-3513. The examiner can normally be reached M-F: 9-5.
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/DANI FOX/Primary Examiner, Art Unit 2884