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.
Claims 1-5, 8-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozaki (2004/0034269).
Regarding claim 1, Ozaki discloses a radiotherapy system, comprising: a radiation source configured to emit therapeutic rays (Ozaki, item 1101), wherein the radiation source is capable of rotating around a longitudinal direction of a patient (Ozaki, [0056]); a treatment couch configured to carry the patient (Ozaki, couch not shown, apparent patient at isocenter of radiation); and a processor configured to control the radiation source to continuously rotate for a radian of greater than 360 degrees in a first direction from a first position around the longitudinal direction of the patient to a second position (Ozaki, [0069]).
Regarding claim 2, Ozaki further discloses the processor is further configured to continue to control the radiation source to continuously rotate in the first direction from the second position around the longitudinal direction of the patient to the first position. (Ozaki, [0069])
Regarding claim 3, Ozaki further discloses the processor is further configured to continue to control the radiation source to continuously rotate for any radian in the first direction from the first position around the longitudinal direction of the patient and then stop moving. (Ozaki, [0069])
Regarding claim 4, Ozaki further discloses the processor is further configured to control, during a continuous rotational movement of the radiation source around the longitudinal direction of the patient, the radiation source to deliver a radiation to the patient. (Ozaki, [0069])
Regarding claim 5, Ozaki further discloses a multi-leaf collimator, wherein the multi-leaf collimator is configured to perform beam shaping on the therapeutic rays emitted from the radiation source; and the processor is further configured to control continuous movement of leaves of the multi-leaf collimator while the radiation source delivers the radiation to the patient. (Ozaki, [0069])
Regarding claim 8, Ozaki further discloses an imaging apparatus, wherein the imaging apparatus is configured to acquire an image of the patient; and the processor is further configured to control, during a continuous rotational movement of the radiation source around the longitudinal direction of the patient, the imaging apparatus to acquire the image of the patient. (Ozaki, [0066])
Regarding claim 9, Ozaki further discloses a rotating gantry, wherein the radiation source is arranged on the rotating gantry; and the radiation source rotates around the longitudinal direction of the patient under a drive of the rotating gantry. (Ozaki, Fig. 1, gantry apparent)
Regarding claim 10, Ozaki further discloses the rotating gantry is a ring-shaped gantry (Ozaki, Fig. 1); and the treatment couch is capable of moving into the ring-shaped gantry along the longitudinal direction of the patient (understood from the center opening of the gantry).
Claims 11-13 and 16-20 are rejected on the same grounds as claims 1-5 and 8-10 as they have the same substantive limitations.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6, 7, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ozaki.
Regarding claims 6, 7, 14, and 15, the radiation treatment couch must either remain stationary or move. Where motion of the couch is necessary to enable treatment along the axis of rotation of the radiation source, it would be obvious to move the couch in that direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN C GUNBERG whose telephone number is (571)270-3107. The examiner can normally be reached Monday-Friday, 8:30AM-5:00PM.
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/EDWIN C GUNBERG/ Primary Examiner, Art Unit 2884
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