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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the base system including an electronic system claimed in claim 3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: MEDICAL VEHICLE COMPRISING A BASE VEHICLE AND A MEDICAL IMAGING SYSTEM, AND METHOD FOR OPERATING A MEDICAL VEHICLE.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
(Proposed Amendments) A medical vehicle comprising:
a base vehicle; and a
compartment [[with]] including a medical imaging system,
wherein the compartment is a part of the base vehicle or the compartment is attached to the base vehicle,
wherein the base vehicle comprises at least one base vehicle sensor, and
wherein the medical vehicle is configured [[to]] to:
obtain sensor readings from the at least one base vehicle sensor during travel of the medical vehicle; and
perform medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings.
Appropriate correction is required.
Claim 2 is objected to because of the following informalities:
2. (Proposed Amendments) The medical vehicle according to claim 1, wherein the medical imaging system [[is]] includes a magnetic resonance imaging [[(MRI)]] (MRI), a computed tomography [[(CT)]] (CT), a digital X-ray radiogrammetry [[(DXR)]] (DXR), a single-photon emission computed tomography (SPECT), a positron emission tomography (PET), a dark field X-ray imaging, a small dedicated medical imaging, and/or an ultrasound system.
Appropriate correction is required.
Claim 3 is objected to because of the following informalities:
3.(Proposed Amendments) The medical vehicle according to claim 1,
wherein the base vehicle includes an electronic system, (a positive recitation)
wherein the at least one base vehicle sensor is connected to [[an]] the electronics system of the base vehicle, and
wherein the base vehicle is configured to be operated based on sensor readings obtained by the electronic system from the at least one base vehicle sensor.
Appropriate correction is required.
Claim 4 objected to because of the following informalities:
4. (Proposed Amendments) The medical vehicle according to claim 1, wherein the at least one base vehicle sensor is at least one out of a group, the group consisting of a vehicle navigation system, an autonomous driving system, a board computer, a compass, a camera, a radar, a lidar, a speedometer, a wind sensor, a wave sensor, an acceleration sensor, an inertial measurement unit, a motion control sensor, an engine control sensor, a vibration sensor, a temperature sensor, a humidity sensor, and/or an electromagnetic field sensor.
Appropriate correction is required.
Claims 5 and 7-9 are objected to because of the following informalities:
5. (Proposed Amendments) The medical vehicle according to claim 1,
wherein performing medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings comprises:
predicting, based on the obtained sensor readings, adverse conditions on the compartment; and
scheduling, based on the predicted adverse conditions, medical scans of a patient.
Appropriate correction is required.
Claim 7 is objected to because of the following informalities:
7. (Proposed Amendments) The medical vehicle according to claim 5, wherein the scheduling and/or performing of the medical scans of a patient is done such that the medical scans that are most sensitive to adverse conditions on the compartment are performed when the least adverse conditions are predicted .
Appropriate correction is required.
Claim 8 is objected to because of the following informalities:
8. (Proposed Amendments) The medical vehicle according to claim 6,
wherein the scheduling and/or performing of the medical scans of a patient is done such that that a medical scan out of remaining medical scans, and
wherein a scan sequence, is performed that has, among those medical scans that are allowed by the predicted the predicted adverse conditions.
Appropriate correction is required.
Claim 9 is objected to because of the following informalities:
9. (Proposed Amendments) The medical vehicle according to claim 5, wherein the scheduling and/or performing of the medical scans of a patient is done such that the predicted adverse conditions are most comparable to adverse conditions of a previous scan.
Appropriate correction is required.
Claim 6 is objected to because of the following informalities:
6. (Proposed Amendments) The medical vehicle according to claim 1, wherein performing medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings comprises:
determining, based on the obtained sensor readings, current adverse conditions on the compartment; and
performing and/or dynamically adapting medical scans of a patient based on the determined current adverse conditions on the compartment.
Appropriate correction is required.
Claim 10 is objected to because of the following informalities:
10. (Proposed Amendments) The medical vehicle according to claim 1, wherein performing medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings comprises adapting settings of the medical vehicle in a dependence on the obtained sensor readings.
Appropriate correction is required.
Claim 11 is objected to because of the following informalities:
11. (Proposed Amendments) The medical vehicle according to claim 1, wherein the medical vehicle is further configured to prevent [[the]] a change of vehicle settings while an extra sensitive scan is performed.
Appropriate correction is required.
Claims 12-14 are objected to because of the following informalities:
12. (Proposed Amendments) The medical vehicle according to claim 1, wherein performing medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings comprises determining a movement of the compartment, the medical imaging system, a part of the medical imaging system, and/or the patient based on the obtained sensor readings.
Appropriate correction is required.
Claim 13 is objected to because of the following informalities:
13. (Proposed Amendments) The medical vehicle according to claim 12, wherein the medical vehicle is further configured to dynamically adapt a medical image formation based on the determined movement of the compartment, the medical imaging system, the part of the medical imaging system, and/or the patient.
Appropriate correction is required.
Claim 14 is objected to because of the following informalities:
14. (Proposed Amendments) The medical vehicle according to claim 12, wherein the medical vehicle is further configured to store the determined movement of the compartment, the medical imaging system, the part of the medical imaging system, and/or the patient for use for a compensation of the determined movement in post processing of [[the]] medical images (a lack of antecedent basis).
Appropriate correction is required.
Claim 15 is objected to because of the following informalities:
15.(Proposed Amendments) A method for operating a medical vehicle according to claim 1, comprising:
obtaining sensor readings from the at least one base vehicle sensor during travel of the medical vehicle; and
performing medical scans of [[the]] a patient (a lack of an antecedent basis) during travel of the medical vehicle in a dependence on the obtained sensor readings.
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 pre-AIA 35 U.S.C. 112, 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.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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.
With respect to claim 1, when reading the preamble in the context of the entire claim, the recitation “the medical vehicle” recited in line 5 is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. The medical vehicle comprises a base vehicle and a compartment including a medical imaging system; it is unclear which structural element performs the claimed functions. The specification describes an electronics system comprising at least one vehicle computer and/or a controller area network (CAN bus).
Claim 8 recites “the scheduling and/or performing of the medical scans is done such that that medical scan out of remaining medical scans” in lines 2-3, which renders the claim indefinite because the meaning is unclear.
With respect to claim 11, when reading the preamble in the context of the entire claim, the recitation “the medical vehicle” recited in line 2 is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. The medical vehicle comprises a base vehicle and a compartment including a medical imaging system; it is unclear which structural element performs the claimed function. The specification describes an electronics system comprising at least one vehicle computer and/or a controller area network (CAN bus).
With respect to claim 13, when reading the preamble in the context of the entire claim, the recitation “the medical vehicle” recited in line 2 is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. The medical vehicle comprises a base vehicle and a compartment including a medical imaging system; it is unclear which structural element performs the claimed function. The specification describes an electronics system comprising at least one vehicle computer and/or a controller area network (CAN bus).
With respect to claim 14, when reading the preamble in the context of the entire claim, the recitation “the medical vehicle” recited in line 2 is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. The medical vehicle comprises a base vehicle and a compartment including a medical imaging system; it is unclear which structural element performs the claimed function. The specification describes an electronics system comprising at least one vehicle computer and/or a controller area network (CAN bus).
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 (i.e., changing from AIA to pre-AIA ) 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 1, 2, 4, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN111544212A1. See translated document by Patent Translate.
With respect to claim 1, CN111544212A1 disclosed a medical vehicle comprising:
a base vehicle (FIG. 3); and
a compartment (5) including a medical imaging system (8),
wherein the compartment is a part of the base vehicle or the compartment is attached to the base vehicle,
wherein the base vehicle comprises at least one base vehicle sensor (a ten-axis gyroscope), and
wherein the medical vehicle (an MCU control module monitors a gyroscope in real time) is configured to:
obtain sensor readings from the at least one base vehicle sensor during travel of the medical vehicle (paragraph [0054]); and
perform medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings (paragraph [0054]).
With respect to claim 2, CN111544212A1 disclosed the medical vehicle according to claim 1, wherein the medical imaging system includes a computed tomography (CT) (8).
With respect to claim 4, CN111544212A1 disclosed the medical vehicle according to claim 1, wherein the at least one base vehicle sensor is an inertial measurement unit (a ten-axis gyroscope).
With respect to claim 15, CN111544212A1 disclosed a method for operating a medical vehicle according to claim 1, comprising:
obtaining sensor readings from the at least one base vehicle sensor (a ten-axis gyroscope) during travel of the medical vehicle (paragraph [0054]); and
performing medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings (paragraph [0054]).
Claims 1, 2, 4, 6, 12, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin et al. (U. S. Pub. No. 2022/0054330 A1).
With respect to claim 1, Lin et al. disclosed a medical vehicle comprising:
a base vehicle (310); and
a compartment (320) including a medical imaging system (322, 541) (paragraphs [0052] and [0078]),
wherein the compartment is a part of the base vehicle or the compartment is attached to the base vehicle,
wherein the base vehicle comprises at least one base vehicle sensor (331, 332, 333, 336, 337, and 338; 531, 532, 533, 534, 535, 536, 537, and 538) (paragraphs [0061] and [0066]), and
wherein the medical vehicle (560) is configured to:
obtain sensor readings from the at least one base vehicle sensor during travel of the medical vehicle (paragraphs [0077]-[0079]); and
perform medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings (paragraphs [0087]-[0092]).
With respect to claim 2, Lin et al. disclosed the medical vehicle according to claim 1, wherein the medical imaging system includes a magnetic resonance imaging (MRI), a computed tomography (CT), a digital X-ray radiogrammetry (DXR), a single-photon emission computed tomography (SPECT), a positron emission tomography (PET), a dark field X-ray imaging, a small dedicated medical imaging, and/or an ultrasound system (paragraphs [0052] and [0078]).
With respect to claim 4, Lin et al. disclosed the medical vehicle according to claim 1, wherein the at least one base vehicle sensor is at least one out of a group, the group consisting of a camera (336, 536), a radar (335, 535), a speedometer (335, 535), an acceleration sensor (535), a vibration sensor (334, 534), a temperature sensor (331, 531), and a humidity sensor (332, 532) (paragraphs [0061] and [0066]).
With respect to claim 6, Lin et al. disclosed the medical vehicle according to claim 1, wherein performing medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings comprises:
determining, based on the obtained sensor readings, current adverse conditions (abnormal conditions) on the compartment (paragraphs [0079]-[0080]); and
performing and/or dynamically adapting medical scans of a patient based on the determined current adverse conditions on the compartment (paragraph [0081]).
With respect to claim 12, Lin et al. disclosed the medical vehicle according to claim 1, wherein performing medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings comprises determining a movement of the compartment, the medical imaging system, a part of the medical imaging system, and/or the patient based on the obtained sensor readings (paragraph [0071]).
With respect to claim 15, Lin et al. disclosed a a method for operating a medical vehicle according to claim 1, comprising:
obtaining sensor readings from the at least one base vehicle sensor (a ten-axis gyroscope) during travel of the medical vehicle (paragraphs [0077]-[0079]); and
performing medical scans of a patient during travel of the medical vehicle in a dependence on the obtained sensor readings (paragraphs [0087]-[0092]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bailey et al. (U. S. Patent No. 10,806,415 B2) disclosed CT imaging systems.
An English translation of CN111544212A by Patent Translate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Allen C. Ho, whose telephone number is (571) 272-2491. The examiner can normally be reached Monday - Friday 10AM - 6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David J. Makiya, can be reached at (571) 272-2273. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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Allen C. Ho, Ph.D.
Primary Examiner
Art Unit 2884
/Allen C. Ho/Primary Examiner, Art Unit 2884 Allen.Ho@uspto.gov
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