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
This office action is responsive to the applicant's amendment submitted on 04/21/2026. Claims 1 and 9 have been amended. Thus, claims 1-9 are currently pending in the instant application.
Claim Objections
Claims 7-9 are objected to because of the following informalities:
In claim 7, lines 1-3, it is suggested that the limitation recites “wherein a frequency of the radio frequency disturbance electric field is determined based on a parameter referred to from table data based on the circulation frequency or the kinetic energy” should be changed to --wherein a frequency of the radio frequency disturbance electric field is determined based on a parameter referred to from a table data based on the previously obtained circulation frequency or kinetic energy-- to make it clearer.
In claim 8, lines 1-3, it is suggested that the limitation recites “wherein a circulation orbit of the charged particle beam is eccentric in one direction from a center of the circular accelerator” should be changed to --wherein an eccentric orbit type accelerator in which a circulation orbit of a charged particle beam is eccentric in one direction from a center of the circular accelerator-- to make it clearer.
In claim 9, lines 1-2, it is suggested that the limitation recites “A particle therapy apparatus comprising the circular accelerator according to claim 1” should be changed to --A particle therapy apparatus comprising the circular accelerator according to claim 1, and the particle therapy apparatus includes an accelerator, a beam transport system, and an irradiation device-- to make it clearer.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 3, the limitation recites “frequency or the kinetic energy is obtained by measuring the circulation frequency or the kinetic energy” is unclear and leaves the reader in doubt as to the meaning of the technical feature to which it refers. Furthermore, the dependency of claim 3 and a portion of the claim was missing.
Response to Arguments
Applicant’s arguments with respect to claims 1-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 1-2 and 4-6 are allowed. Also, the objections and 112 issues above should be fixed in order to place the application in allowance condition.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI N PHAM whose telephone number is (571)270-5518. The examiner can normally be reached M-F 9:00 am-5:00 pm.
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/Thai Pham/Primary Examiner, Art Unit 2844 05/02/2026
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