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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 03/04/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “at least one first fastener… for fastening the at least one flexible securing strap” in claims 1 and 20; “a control device configured to determine motion information” in claims 1 and 20; “an adjuster that is configured for adjusting a belt length of the at least one flexible securing strap, is inelastic, or a combination thereof” in claim 5; and “a measuring element of the second fastener, and wherein the measuring element is configured as a sensor element of the strain sensor, or the sensor element of the strain sensor is disposed on the measuring element” in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The claim limitation “at least one first fastener… for fastening the at least one flexible securing strap” in claims 1 and 20 has the corresponding structure described in the originally filed specification that performs the claimed function: Para. [0021], “At the opposite end, the at least one securing strap has a first fastening means (e.g., a first fastener such as an insertable connector) that may be fastened to a second fastening means (e.g., a second fastener) on the patient table (e.g., an insertion receptacle)” (emphasis added). Therefore, the “at least one first fastener” has been interpreted as corresponding to a insertable connector, and equivalents thereof.
The claim limitation “a control device configured to determine motion information” in claims 1 and 20 has the corresponding structure described in the originally filed specification that performs the claimed function: Para. [0089-0090], “a control device 27 that determines the motion information from the sensor data (e.g., analyzing them in combination and taking their origin into account). In the present case, the control device 27 is the control device of the magnetic resonance device 13. The control device 27 has a memory device 28 and at least one processor” (emphasis added). Therefore, the “control device” has been interpreted as corresponding to a processor and a memory device, and equivalents thereof.
The claim limitation “an adjuster that is configured for adjusting a belt length of the at least one flexible securing strap, is inelastic, or a combination thereof” in claim 5 has the corresponding structure described in the originally filed specification that performs the claimed function: Para. [0077], “the securing strap 6 consists of, for example, two separate sections 7 that are connected via an adjustment device 8 (e.g., a buckle arrangement connecting the belt sections 7 in a displaceable and lockable manner) for adjusting the belt length available for securing” (emphasis added). Therefore, the “adjuster” has been interpreted as corresponding to a buckle arrangement, and equivalents thereof.
The claim limitation “a measuring element of the second fastener, and wherein the measuring element is configured as a sensor element of the strain sensor, or the sensor element of the strain sensor is disposed on the measuring element” in claim 7 has the corresponding structure described in the originally filed specification that performs the claimed function: Para. [0025], “A strain sensor is a sensor that measures tensile forces resulting in deformation of a measuring element, such as tension and/or bending. In the context of the present embodiments, a strain sensor may, for example, include a sensor element that is subjected, directly or indirectly (e.g., by being attached to the measuring element), to the forces to be measured, and is thus deformed. The sensor element itself is often made of a material that is soft and extensible (e.g., elastic)” (emphasis added), and Para. [0041], “The measuring element is configured as a sensor element of the strain sensor” (emphasis added). Therefore, the “measuring element” has been interpreted as corresponding to a material that is soft and extensible, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Specification
The disclosure is objected to because of the following informalities:
Para. [0095], lines 2-3, “For example, instead of the (extended) cavity 19, a groove that accommodates the fastening element 20 may also be provided” should be changed to “For example, instead of the (extended) cavity, a groove that accommodates the fastening element 20 may also be provided” because the reference number 19 is previous used in the specification and drawings to indicate the “the sensor element 19”.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 4 and 19 are objected to because of the following informalities:
Claim 4, line 1, the limitation “wherein the sensor element is a strain gage” should be changed to “wherein the sensor element is a strain gauge” to correct the spelling error; and
Claim 19, line 7, the limitation “additionally using camera data from the at least one camera” should be changed to “additionally using camera data from the at least one 3D camera” to maintain consistent terminology throughout the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-13 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kassai (US 2008/0186027 A1, hereinafter Kassai) in view of Hamill et al. (US 2013/0085375 A1, hereinafter Hamill).
Regarding claims 1 and 20-21, Kassai discloses a measuring arrangement for measuring movements of a patient positioned recumbently on a patient table (claim 1), the corresponding magnetic resonance device comprising the measuring arrangement (claim 20), and the corresponding method for operating the measuring arrangement (claim 21) (see, e.g., Fig. 1, and Para. [0003], “The present invention relates to a patient couch used for a diagnostic imaging apparatus, and to a magnetic resonance imaging (MRI) apparatus and an MRI method that perform MRI to a subject that is laid on a patient couch, and in particular, relates to a belt provided to a tabletop of the patient couch to fix the subject, and to an imaging procedure”, and Para. [0008], “If the subject moves during the imaging operation, a blur or a slur occurs in an image. Further, if the subject largely moves, it may become impossible to diagnose. To solve these problems, the subject needs to be fixed appropriately on the tabletop”, and Para. [0023-0024], “Exemplary embodiments of a patient couch, a magnetic resonance imaging (MRI) apparatus and an MRI method according to the present invention will now be described in detail with reference to the accompanying drawings. […] FIG. 1 is a system configuration view illustrating a first embodiment of the MRI apparatus according to the present invention. An MRI apparatus 100 includes a main unit 10, an operator console unit 20, and a bed unit 30. […] The bed unit 30 and the belt system unit 50 configure a patient couch that places thereon the subject P, and then, to move the subject P into the MRI apparatus main unit”), the measuring arrangement comprising:
the patient table (bed unit 30, tabletop 61) (see, e.g., Fig. 1, and Para. [0023-0024], “Exemplary embodiments of a patient couch, a magnetic resonance imaging (MRI) apparatus and an MRI method according to the present invention will now be described in detail with reference to the accompanying drawings. […] FIG. 1 is a system configuration view illustrating a first embodiment of the MRI apparatus according to the present invention. An MRI apparatus 100 includes a main unit 10, an operator console unit 20, and a bed unit 30. […] The bed unit 30 and the belt system unit 50 configure a patient couch that places thereon the subject P, and then, to move the subject P into the MRI apparatus main unit”);
at least one flexible securing strap (belts 67) for locally securing the patient (subject P) on the patient table (30, 61) (see, e.g., Figs. 1-3, and Para. [0033], “Five pairs of the belts 67 are provided at the tabletop 61 in a longitudinal direction at substantially even intervals. Each of the five pairs of belts 67 is spanned over from one side toward another side of the tabletop 61, and binds, for example, a head, a chest, an abdomen, a knee, and a leg of the subject P. Each of the belt is made of a fabric having elasticity and strength, and is pulled out from the belt winding mechanism 69 mounted on both sides of the tabletop 61”), wherein the at least one flexible securing strap (67) comprises at least one first fastener (belt winding mechanism 69) that co-operates with a second fastener (guiding unit 61A, slit 61B) of the patient table (30, 61) for fastening the at least one flexible securing strap (67) (see, e.g., Figs. 1-3, and Para. [0034], “FIG. 2 is a perspective view illustrating details of the belt 67 and the belt winding mechanism 69. The belt 67 is divided into two belts 67A, and 67B. The belt winding mechanism 69 includes a substantially box-shaped case 69A, and a winding rod 69B that is rotatably and pivotally supported in the case 69A. An urging spring (not shown) slightly urges the winding rod 69B in a direction of winding the belt. One end of each of the belts 67A and 67B is wound around the winding rod 69B, and another end is pulled out from the case 69A. The belts 67A and 67B are allowed to be unreeled and reeled like a seatbelt of an automobile. A pair of Velcro tapes is provided at tips of the pulled-out sides of the belts 67A and 67B. The Velcro tape enables the belts 67A and 67B to be connected with each other”, and Para. [0037], “FIG. 3 is a perspective view illustrating a state of the belt winding mechanism 69 embedded in the tabletop 61”); and
a control device (operator console unit 20) (see, e.g., Fig. 1, and Para. [0024], “FIG. 1 is a system configuration view illustrating a first embodiment of the MRI apparatus according to the present invention. An MRI apparatus 100 includes a main unit 10, an operator console unit 20, and a bed unit 30. The operator console unit 20 further includes a main system unit 40 and a belt system unit 50”).
Kassai does not specifically disclose the measuring arrangement comprising: a strain sensor provided as part of the at least one flexible securing strap, motion-coupled to the at least one flexible securing strap, or a combination thereof; and the control device specifically configured to determine motion information describing the movements of the patient from sensor data of the strain sensor.
However, in the same field of endeavor of diagnostic imaging systems utilizing patient tables/bed/couches, Hamill discloses a strain sensor (strain gauge 19) provided as part of the at least one flexible securing strap (belt 20), motion-coupled to the at least one flexible securing strap (20), or a combination thereof (see, e.g., Fig. 2, and Para. [0023], “A patient 17 lies on a patient bed 18, that is movable between the CT 16a and PET 16b scanners. The patient's respiration is monitored by a strain gauge 19 which is held against the patient's thorax with a belt 20”); and a control device (respiratory monitoring system 22, processor 510) configured to determine motion information describing the movements of the patient (patient 17) from sensor data of the strain sensor (19) (see, e.g., Figs. 2-5, and Para. [0023], “The patient's respiration is monitored by a strain gauge 19 which is held against the patient's thorax with a belt 20. Electrical signals from the strain gauge 19 are communicated through a cable 21 to a respiratory monitoring system 22”, and Para. [0024], “The respiratory monitoring system is also shown as processor 510 in FIG. 5. The processor periodically samples and digitizes the strain measurements and inserts the digitized measurement into the PET data stream. Synchronization of the respiratory amplitude measurements with the medical image measurements is essential”, and Para. [0025], “After the PET list mode data and strain level measurement data are acquired, the procedure advances to a computational process as shown in FIG. 3. In step 301, a histogram of respiratory amplitude measurements is compiled, as shown in FIG. 4”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the measuring arrangement of Kassai by including the measuring arrangement comprising: a strain sensor provided as part of the at least one flexible securing strap, motion-coupled to the at least one flexible securing strap, or a combination thereof; and the control device specifically configured to determine motion information describing the movements of the patient from sensor data of the strain sensor, as disclosed by Hamill. One of ordinary skill in the art would have been motivated to make this modification in order to obtain an optimally gated medical image, as recognized by Hamill (see, e.g., Abstract, and Para. [0010-0012], [0022-0025], and [0031]).
Regarding claim 2, Kassai modified by Hamill discloses the measuring arrangement of claim 1, as set forth above. Kassai further discloses wherein the at least one flexible securing strap (belts 67) comprises a plurality of flexible securing straps (see, e.g., Figs. 1-3, and Para. [0033], “Five pairs of the belts 67 are provided at the tabletop 61 in a longitudinal direction at substantially even intervals. Each of the five pairs of belts 67 is spanned over from one side toward another side of the tabletop 61, and binds, for example, a head, a chest, an abdomen, a knee, and a leg of the subject P. Each of the belt is made of a fabric having elasticity and strength, and is pulled out from the belt winding mechanism 69 mounted on both sides of the tabletop 61”), wherein: at least two securing straps of the plurality of flexible securing straps are fastened to the auxiliary device by an end opposite the at least one first fastener by a fastening device; or at least one securing strap of the plurality of flexible securing straps (67) has first fasteners (belt winding mechanism 69) on both sides for oppositely disposed second fasteners (guiding unit 61A, slit 61B) of the patient table (bed unit 30, tabletop 61) (see, e.g., Figs. 1-3, and Para. [0034], “FIG. 2 is a perspective view illustrating details of the belt 67 and the belt winding mechanism 69. The belt 67 is divided into two belts 67A, and 67B. The belt winding mechanism 69 includes a substantially box-shaped case 69A, and a winding rod 69B that is rotatably and pivotally supported in the case 69A. An urging spring (not shown) slightly urges the winding rod 69B in a direction of winding the belt. One end of each of the belts 67A and 67B is wound around the winding rod 69B, and another end is pulled out from the case 69A. The belts 67A and 67B are allowed to be unreeled and reeled like a seatbelt of an automobile. A pair of Velcro tapes is provided at tips of the pulled-out sides of the belts 67A and 67B. The Velcro tape enables the belts 67A and 67B to be connected with each other”, and Para. [0037], “FIG. 3 is a perspective view illustrating a state of the belt winding mechanism 69 embedded in the tabletop 61”); or a combination thereof.
Kassai does not specifically disclose the measuring arrangement further comprising an auxiliary device that is disposable on the patient and securable to the patient.
However, in the same field of endeavor of diagnostic imaging systems utilizing patient tables/bed/couches, Hamill discloses the measuring arrangement further comprising an auxiliary device (strain gauge 19) that is disposable on the patient and securable to the patient (patient 17) (see, e.g., Fig. 2, and Para. [0023], “A patient 17 lies on a patient bed 18, that is movable between the CT 16a and PET 16b scanners. The patient's respiration is monitored by a strain gauge 19 which is held against the patient's thorax with a belt 20. Electrical signals from the strain gauge 19 are communicated through a cable 21 to a respiratory monitoring system 22”, where the disclosed strain gauge 19 is interpreted as the claimed auxiliary device, in which the disclosed strain gauge 19 is fastened by the belt 20 on two ends such that the strain gauge 19 is held against the patient's thorax/middle of the chest with the belt 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including the measuring arrangement further comprising an auxiliary device that is disposable on the patient and securable to the patient, as disclosed by Hamill. One of ordinary skill in the art would have been motivated to make this modification in order to obtain an optimally gated medical image, as recognized by Hamill (see, e.g., Abstract, and Para. [0010-0012], [0022-0025], and [0031]).
Regarding claim 3, Kassai modified by Hamill discloses the measuring arrangement of claim 1, as set forth above. Kassai does not specifically disclose wherein a sensor element of the strain sensor is provided on an elastic portion of the at least one flexible securing strap.
However, in the same field of endeavor of diagnostic imaging systems utilizing patient tables/bed/couches, Hamill discloses wherein a sensor element of the strain sensor (strain gauge 19) is provided on an elastic portion of the at least one flexible securing strap (belt 20) (see, e.g., Fig. 2, and Para. [0023], “The patient's respiration is monitored by a strain gauge 19 which is held against the patient's thorax with a belt 20”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including wherein a sensor element of the strain sensor is provided on an elastic portion of the at least one flexible securing strap, as disclosed by Hamill. One of ordinary skill in the art would have been motivated to make this modification in order to obtain an optimally gated medical image, as recognized by Hamill (see, e.g., Abstract, and Para. [0010-0012], [0022-0025], and [0031]).
Regarding claim 4, Kassai modified by Hamill discloses the measuring arrangement of claim 3, as set forth above. Kassai does not specifically disclose wherein the sensor element is a strain gage.
However, in the same field of endeavor of diagnostic imaging systems utilizing patient tables/bed/couches, Hamill discloses wherein the sensor element (strain gauge 19) is a strain gage (see, e.g., Fig. 2, and Para. [0023], “The patient's respiration is monitored by a strain gauge 19 which is held against the patient's thorax with a belt 20”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including wherein the sensor element is a strain gage, as disclosed by Hamill. One of ordinary skill in the art would have been motivated to make this modification in order to obtain an optimally gated medical image, as recognized by Hamill (see, e.g., Abstract, and Para. [0010-0012], [0022-0025], and [0031]).
Regarding claim 5, Kassai modified by Hamill discloses the measuring arrangement of claim 1, as set forth above. Kassai further discloses wherein the at least one flexible securing strap (belts 67) has an adjuster (pair of Velcro tapes on belts 67 and/or belt winding mechanism 69) that is configured for adjusting a belt length of the at least one flexible securing strap (67), is inelastic, or a combination thereof (see, e.g., Figs. 1-3, and Para. [0033], “Five pairs of the belts 67 are provided at the tabletop 61 in a longitudinal direction at substantially even intervals. Each of the five pairs of belts 67 is spanned over from one side toward another side of the tabletop 61, and binds, for example, a head, a chest, an abdomen, a knee, and a leg of the subject P. Each of the belt is made of a fabric having elasticity and strength, and is pulled out from the belt winding mechanism 69 mounted on both sides of the tabletop 61”, and Para. [0034], “FIG. 2 is a perspective view illustrating details of the belt 67 and the belt winding mechanism 69. The belt 67 is divided into two belts 67A, and 67B. The belt winding mechanism 69 includes a substantially box-shaped case 69A, and a winding rod 69B that is rotatably and pivotally supported in the case 69A. An urging spring (not shown) slightly urges the winding rod 69B in a direction of winding the belt. One end of each of the belts 67A and 67B is wound around the winding rod 69B, and another end is pulled out from the case 69A. The belts 67A and 67B are allowed to be unreeled and reeled like a seatbelt of an automobile. A pair of Velcro tapes is provided at tips of the pulled-out sides of the belts 67A and 67B. The Velcro tape enables the belts 67A and 67B to be connected with each other”).
Regarding claim 6, Kassai modified by Hamill discloses the measuring arrangement of claim 1, as set forth above. Kassai discloses wherein the at least one flexible securing strap (belts 67) comprises a plurality of flexible securing straps (see, e.g., Figs. 1-3, and Para. [0033], “Five pairs of the belts 67 are provided at the tabletop 61 in a longitudinal direction at substantially even intervals. Each of the five pairs of belts 67 is spanned over from one side toward another side of the tabletop 61, and binds, for example, a head, a chest, an abdomen, a knee, and a leg of the subject P. Each of the belt is made of a fabric having elasticity and strength, and is pulled out from the belt winding mechanism 69 mounted on both sides of the tabletop 61”), wherein the at least one flexible securing strap (67) comprises at least one first fastener (belt winding mechanism 69) that co-operates with a second fastener (guiding unit 61A, slit 61B) of the patient table (bed unit 30, tabletop 61) for fastening the at least one flexible securing strap (67) (see, e.g., Figs. 1-3, and Para. [0034], “FIG. 2 is a perspective view illustrating details of the belt 67 and the belt winding mechanism 69. The belt 67 is divided into two belts 67A, and 67B. The belt winding mechanism 69 includes a substantially box-shaped case 69A, and a winding rod 69B that is rotatably and pivotally supported in the case 69A. An urging spring (not shown) slightly urges the winding rod 69B in a direction of winding the belt. One end of each of the belts 67A and 67B is wound around the winding rod 69B, and another end is pulled out from the case 69A. The belts 67A and 67B are allowed to be unreeled and reeled like a seatbelt of an automobile. A pair of Velcro tapes is provided at tips of the pulled-out sides of the belts 67A and 67B. The Velcro tape enables the belts 67A and 67B to be connected with each other”, and Para. [0037], “FIG. 3 is a perspective view illustrating a state of the belt winding mechanism 69 embedded in the tabletop 61”).
Kassai does not specifically disclose the measuring arrangement further comprising a plurality of strain sensors, the plurality of strain sensors comprising the strain sensor, wherein at least one strain sensor of the plurality of strain sensors is provided by a first fastener of the at least one first fastener, the second fastener, or the first fastener and the second fastener.
However, in the same field of endeavor of diagnostic imaging systems utilizing patient tables/bed/couches, Hamill discloses wherein the strain sensor (strain gauge 19) is provided on the at least one flexible securing strap (belt 20) (see, e.g., Fig. 2, and Para. [0023], “The patient's respiration is monitored by a strain gauge 19 which is held against the patient's thorax with a belt 20”, where it is disclosed that one strain gauge 19 is provided on the one belt 20). In a case where the plurality of flexible securing straps of Kassai (where Kassai teaches that the flexible securing straps each comprise the first fastener that co-operates with the second fastener of the patient table for fastening the flexible securing straps) are each modified to include the strain gauge of Hamill (where Hamill teaches that one strain gauge is provided on one belt), then a plurality of strain gauges/sensors provided by the respective fasteners would be taught by that modification (i.e., one strain gauge of Hamill provided on each of the plurality of flexible securing straps of Kassai).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including the measuring arrangement further comprising a plurality of strain sensors, the plurality of strain sensors comprising the strain sensor, wherein at least one strain sensor of the plurality of strain sensors is provided by a first fastener of the at least one first fastener, the second fastener, or the first fastener and the second fastener, as disclosed by Hamill and by the modification of Kassai modified by Hamill. One of ordinary skill in the art would have been motivated to make this modification in order to obtain an optimally gated medical image, as recognized by Hamill (see, e.g., Abstract, and Para. [0010-0012], [0022-0025], and [0031]).
Regarding claim 7, Kassai modified by Hamill discloses the measuring arrangement of claim 6, as set forth above. Kassai further discloses wherein the first fastener (belt winding mechanism 69) has a fastening element (case 69A) that, in the fastened state, is in contact with a measuring element (guiding unit 61A) of the second fastener (guiding unit 61A, slit 61B) (see, e.g., Figs. 2-3, and Para. [0034], “FIG. 2 is a perspective view illustrating details of the belt 67 and the belt winding mechanism 69. The belt 67 is divided into two belts 67A, and 67B. The belt winding mechanism 69 includes a substantially box-shaped case 69A, and a winding rod 69B that is rotatably and pivotally supported in the case 69A”, and Para. [0037], “FIG. 3 is a perspective view illustrating a state of the belt winding mechanism 69 embedded in the tabletop 61. […] Guiding units 61A, which extend toward the longitudinal direction, are provided at both sides inside the tabletop 61. The guiding unit 61A includes a protruding portion that is formed along an entire length inside the tabletop 61. The guiding unit 61A accommodates and guides the belt winding mechanism 69, allowing the belt winding mechanism 69 to slide in the longitudinal direction of the tabletop 61. A slit 61B is formed on an upper surface of the tabletop 61 along the guiding unit 61A. The belts 67A and 67B, and the knob of the tension adjusting knob 69C are pulled out onto the tabletop 61 through the slit 61B. Such structure enables a position of the belt 67 to be adjusted in the longitudinal direction of the tabletop 61, when a length of the subject P changes or the subject P is laid on the tabletop 61 in a reverse direction”).
Kassai does not specifically disclose wherein the measuring element is configured as a sensor element of the strain sensor, or the sensor element of the strain sensor is disposed on the measuring element.
However, in the same field of endeavor of diagnostic imaging systems utilizing patient tables/bed/couches, Hamill discloses wherein the measuring element is configured as a sensor element of the strain sensor, or the sensor element of the strain sensor (strain gauge 19) is disposed on the measuring element (see, e.g., Para. [0023], “A patient 17 lies on a patient bed 18, that is movable between the CT 16a and PET 16b scanners. The patient's respiration is monitored by a strain gauge 19 which is held against the patient's thorax with a belt 20. Electrical signals from the strain gauge 19 are communicated through a cable 21 to a respiratory monitoring system 22”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including wherein the measuring element is configured as a sensor element of the strain sensor, or the sensor element of the strain sensor is disposed on the measuring element, as disclosed by Hamill. One of ordinary skill in the art would have been motivated to make this modification in order to obtain an optimally gated medical image, as recognized by Hamill (see, e.g., Abstract, and Para. [0010-0012], [0022-0025], and [0031]).
Regarding claim 8, Kassai modified by Hamill discloses the measuring arrangement of claim 7, as set forth above. Kassai further discloses wherein the fastening element (case 69A of belt winding mechanism 69) is a latching element (see, e.g., Figs. 2-3, and Para. [0034], “FIG. 2 is a perspective view illustrating details of the belt 67 and the belt winding mechanism 69. The belt 67 is divided into two belts 67A, and 67B. The belt winding mechanism 69 includes a substantially box-shaped case 69A, and a winding rod 69B that is rotatably and pivotally supported in the case 69A. An urging spring (not shown) slightly urges the winding rod 69B in a direction of winding the belt. One end of each of the belts 67A and 67B is wound around the winding rod 69B, and another end is pulled out from the case 69A. The belts 67A and 67B are allowed to be unreeled and reeled like a seatbelt of an automobile”, where it is interpreted that the case 69A is latching/grasping/holding/etc. the winding rod 69B positioned/held within the case 69A).
Regarding claim 9, Kassai modified by Hamill discloses the measuring arrangement of claim 7, as set forth above. Kassai further discloses wherein the second fastener (guiding unit 61A, slit 61B) is configured as an insertion channel (slit 61B) for inserting the first fastener (belt winding mechanism 69) in any position covered by the insertion channel (61B) (see, e.g., Para. [0037], “FIG. 3 is a perspective view illustrating a state of the belt winding mechanism 69 embedded in the tabletop 61. For easier understanding, FIG. 3 enlarges the belt winding mechanism 69 relative to the tabletop 61. Guiding units 61A, which extend toward the longitudinal direction, are provided at both sides inside the tabletop 61. The guiding unit 61A includes a protruding portion that is formed along an entire length inside the tabletop 61. The guiding unit 61A accommodates and guides the belt winding mechanism 69, allowing the belt winding mechanism 69 to slide in the longitudinal direction of the tabletop 61. A slit 61B is formed on an upper surface of the tabletop 61 along the guiding unit 61A. The belts 67A and 67B, and the knob of the tension adjusting knob 69C are pulled out onto the tabletop 61 through the slit 61B. Such structure enables a position of the belt 67 to be adjusted in the longitudinal direction of the tabletop 61, when a length of the subject P changes or the subject P is laid on the tabletop 61 in a reverse direction”).
Regarding claim 10, Kassai modified by Hamill discloses the measuring arrangement of claim 9, as set forth above. Kassai further discloses wherein the position covered by the insertion channel (slit 61B) is a longitudinal direction of the patient table (bed unit 30, tabletop 61) (see, e.g., Para. [0037], “FIG. 3 is a perspective view illustrating a state of the belt winding mechanism 69 embedded in the tabletop 61. For easier understanding, FIG. 3 enlarges the belt winding mechanism 69 relative to the tabletop 61. Guiding units 61A, which extend toward the longitudinal direction, are provided at both sides inside the tabletop 61. The guiding unit 61A includes a protruding portion that is formed along an entire length inside the tabletop 61. The guiding unit 61A accommodates and guides the belt winding mechanism 69, allowing the belt winding mechanism 69 to slide in the longitudinal direction of the tabletop 61. A slit 61B is formed on an upper surface of the tabletop 61 along the guiding unit 61A. The belts 67A and 67B, and the knob of the tension adjusting knob 69C are pulled out onto the tabletop 61 through the slit 61B. Such structure enables a position of the belt 67 to be adjusted in the longitudinal direction of the tabletop 61, when a length of the subject P changes or the subject P is laid on the tabletop 61 in a reverse direction”).
Regarding claim 11, Kassai modified by Hamill discloses the measuring arrangement of claim 9, as set forth above. Kassai further discloses wherein the measuring element (guiding unit 61A) forms a limit of an insertion slot of the insertion channel (slit 61B) and of a cavity configured to receive the fastening element (case 69A) and widened with respect to the insertion slot (see, e.g., Para. [0037], “FIG. 3 is a perspective view illustrating a state of the belt winding mechanism 69 embedded in the tabletop 61. […] Guiding units 61A, which extend toward the longitudinal direction, are provided at both sides inside the tabletop 61. The guiding unit 61A includes a protruding portion that is formed along an entire length inside the tabletop 61. The guiding unit 61A accommodates and guides the belt winding mechanism 69, allowing the belt winding mechanism 69 to slide in the longitudinal direction of the tabletop 61. A slit 61B is formed on an upper surface of the tabletop 61 along the guiding unit 61A” (emphasis added)).
Regarding claim 12, Kassai modified by Hamill discloses the measuring arrangement of claim 9, as set forth above. Kassai further discloses wherein the measuring element (guiding unit 61A), the sensor element, or the measuring element and the sensor element cover an entire length of at least one insertion channel (slit 61B) of a plurality of insertion channels (see, e.g., Para. [0037], “FIG. 3 is a perspective view illustrating a state of the belt winding mechanism 69 embedded in the tabletop 61. […] Guiding units 61A, which extend toward the longitudinal direction, are provided at both sides inside the tabletop 61. The guiding unit 61A includes a protruding portion that is formed along an entire length inside the tabletop 61. The guiding unit 61A accommodates and guides the belt winding mechanism 69, allowing the belt winding mechanism 69 to slide in the longitudinal direction of the tabletop 61. A slit 61B is formed on an upper surface of the tabletop 61 along the guiding unit 61A” (emphasis added)), or at least one insertion channel of the plurality of insertion channels has a plurality of measuring elements, sensor elements, or measuring elements and sensor elements for different channel sections covering the entire length of the insertion channel.
Regarding claim 13, Kassai modified by Hamill discloses the measuring arrangement of claim 12, as set forth above. Kassai does not specifically disclose wherein the strain sensor is configured for spatially resolved measurement of an effect of the fastening element on the measuring element.
However, in the same field of endeavor of diagnostic imaging systems utilizing patient tables/bed/couches, Hamill discloses wherein the strain sensor (strain gauge 19) is configured for spatially resolved measurement of an effect of the fastening element on the measuring element (see, e.g., Para. [0007], “Part of the solution to the problem of respiration related image degradation is to provide gating of PET scanning based on measurement of certain triggering parameters associated with respiratory motion. In particular, it is known in the art to use a strain gauge to measure the tension in a strap placed around the abdomen or chest of a patient. The time-varying strain measurement is interpreted as a measure of respiratory amplitude and as such is used to develop information that can be used to gate or trigger the operation of imaging apparatus”, and Para. [0023], “A patient 17 lies on a patient bed 18, that is movable between the CT 16a and PET 16b scanners. The patient's respiration is monitored by a strain gauge 19 which is held against the patient's thorax with a belt 20. Electrical signals from the strain gauge 19 are communicated through a cable 21 to a respiratory monitoring system 22”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including wherein the strain sensor is configured for spatially resolved measurement of an effect of the fastening element on the measuring element, as disclosed by Hamill. One of ordinary skill in the art would have been motivated to make this modification in order to obtain an optimally gated medical image, as recognized by Hamill (see, e.g., Abstract, and Para. [0010-0012], [0022-0025], and [0031]).
Regarding claim 18, Kassai modified by Hamill discloses the measuring arrangement of claim 1, as set forth above. Kassai further discloses wherein the control device being configured to determine the motion information comprises the control device being configured to employ a trained evaluation function using the sensor data as input data (see, e.g., Para. [0008], “In the imaging using the MRI apparatus, an imaging operation usually requires a comparatively long imaging time such as about one to five minutes. If the subject moves during the imaging operation, a blur or a slur occurs in an image. Further, if the subject largely moves, it may become impossible to diagnose. To solve these problems, the subject needs to be fixed appropriately on the tabletop”, and Para. [0063], “a learning mode may be incorporated in the system, and the belt system unit 50 may read therein via the tension detecting unit 75 the belt tension at the time when a skilled operator has set, and based on this data, the system may revise the imaged-part belt tension information”).
Regarding claim 19, Kassai modified by Hamill discloses the measuring arrangement of claim 1, as set forth above. Kassai does not specifically disclose the measuring arrangement further comprising: at least one three-dimensional (3D) camera configured to capture the patient on the patient table; at least one radar sensor configured to detect the patient on the patient table; or a combination thereof, wherein the control device is further designed to determine the motion information additionally using camera data from the at least one camera, radar data from the at least one radar sensor, or the camera data and the radar data.
However, in the same field of endeavor of diagnostic imaging systems utilizing patient tables/bed/couches, Hamill discloses the measuring arrangement further comprising: at least one three-dimensional (3D) camera configured to capture the patient on the patient table (see, e.g., Para. [0033], “the respiratory amplitude is measured by an instrument other than a strain gauge. For example, devices commonly used in radiation therapy use digital cameras to optically track of the position of a marker placed on the patient's abdomen”); at least one radar sensor configured to detect the patient on the patient table; or a combination thereof, wherein the control device is further designed to determine the motion information additionally using camera data from the at least one camera (see, e.g., Para. [0033], “the respiratory amplitude is measured by an instrument other than a strain gauge. For example, devices commonly used in radiation therapy use digital cameras to optically track of the position of a marker placed on the patient's abdomen. Associated circuitry and computers in these devices supply a respiratory amplitude measurement which is communicated to the imaging system”), radar data from the at least one radar sensor, or the camera data and the radar data.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including the measuring arrangement further comprising: at least one three-dimensional (3D) camera configured to capture the patient on the patient table; at least one radar sensor configured to detect the patient on the patient table; or a combination thereof, wherein the control device is further designed to determine the motion information additionally using camera data from the at least one camera, radar data from the at least one radar sensor, or the camera data and the radar data, as disclosed by Hamill. One of ordinary skill in the art would have been motivated to make this modification in order to obtain an optimally gated medical image, as recognized by Hamill (see, e.g., Abstract, and Para. [0010-0012], [0022-0025], and [0031]).
Claims 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kassai (US 2008/0186027 A1) in view of Hamill (US 2013/0085375 A1), as applied to claims 1 and 13 above, and further in view of Foppen et al. (US 2014/0323856 A1, hereinafter Foppen).
Regarding claim 14, Kassai modified by Hamill discloses the measuring arrangement of claim 13, as set forth above. Kassai modified by Hamill does not specifically disclose wherein the strain sensor is configured as a fiber-optic sensor with a fiber Bragg grating.
However, in the same field of endeavor of monitoring respiratory motion, Foppen discloses wherein the strain sensor is configured as a fiber-optic sensor with a fiber Bragg grating (see, e.g., Para. [0015], “ Shape information can be derived from a variety of systems. These include: optical shape interrogation systems (e.g., fiber optic Bragg sensors, Rayleigh scattering, Brillouin scatter, optical intensity-based attenuation)”, and Para. [0023], “When the sensors 104 include optical shape sensing fibers, the optical fiber sensors 104 are weaved or otherwise integrated into garment 106 in a pattern that allows for stretching of the underlying textile substrate while accounting for the fact that the overall fiber sensor length in the textile can change only minimally (e.g., a 2D spiral pattern or 2D sinusoidal pattern embedded within the flexible membrane). The fibers for sensors 104 are locally anchored at control points to provide a strain in the fiber during the flexure of the subject 148”, and Para. [0031], “The garment 106 may be employed during a medical procedure to assist a clinician in performing the procedure. Workstation 112 may include a display 118 for viewing internal images of the subject 148 using the imaging system 110. The imaging system 110 may include one or more imaging modalities, such as, e.g., ultrasound, photoacoustics, a magnetic resonance imaging (MRI) system…”, and Para. [0033-0034], “Referring to FIG. 2, in one embodiment, garment 106 includes a vest or manifold 202. The vest 202 is formed from a mesh or fabric 206. In this embodiment, the mesh 206 or vest 202 measures body surface deformation continuously in time and space with spatial high resolution (e.g., shape sensing vest). […] sensing fibers 210 are integrated in the vest 202 and are employed to determine a shape of the chest of the subject 148. The sensing fibers 210 are also employed to determine dynamic geometry changes in the subject 148 and/or monitor a status of the subject 148. The sensing fiber(s) 210 may include a single optical fiber integrated into the vest 202 that spirals around the subject's body and hence delivers a sufficient picture of the geometry or may include multiple fibers integrated into the vest 202. The sensing fibers 210 may include one or more fiber optic Bragg gratings (FBG), which are a segment of an optical fiber that reflects particular wavelengths of light and transmits all others”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including wherein the strain sensor is configured as a fiber-optic sensor with a fiber Bragg grating, as disclosed by Foppen. One of ordinary skill in the art would have been motivated to make this modification in order to desirably sense movement of a patient, as recognized by Foppen (see, e.g., Para. [0029-0034]).
Regarding claim 15, Kassai modified by Hamill discloses the measuring arrangement of claim 1, as set forth above. Kassai modified by Hamill does not specifically disclose wherein the strain sensor has a sensor element having optical fibers as a measurement signal carrier.
However, in the same field of endeavor of monitoring respiratory motion, Foppen discloses wherein the strain sensor has a sensor element having optical fibers as a measurement signal carrier (see, e.g., Para. [0015], “ Shape information can be derived from a variety of systems. These include: optical shape interrogation systems (e.g., fiber optic Bragg sensors, Rayleigh scattering, Brillouin scatter, optical intensity-based attenuation)”, and Para. [0023], “When the sensors 104 include optical shape sensing fibers, the optical fiber sensors 104 are weaved or otherwise integrated into garment 106 in a pattern that allows for stretching of the underlying textile substrate while accounting for the fact that the overall fiber sensor length in the textile can change only minimally (e.g., a 2D spiral pattern or 2D sinusoidal pattern embedded within the flexible membrane). The fibers for sensors 104 are locally anchored at control points to provide a strain in the fiber during the flexure of the subject 148”, and Para. [0031], “The garment 106 may be employed during a medical procedure to assist a clinician in performing the procedure. Workstation 112 may include a display 118 for viewing internal images of the subject 148 using the imaging system 110. The imaging system 110 may include one or more imaging modalities, such as, e.g., ultrasound, photoacoustics, a magnetic resonance imaging (MRI) system…”, and Para. [0033-0034], “Referring to FIG. 2, in one embodiment, garment 106 includes a vest or manifold 202. The vest 202 is formed from a mesh or fabric 206. In this embodiment, the mesh 206 or vest 202 measures body surface deformation continuously in time and space with spatial high resolution (e.g., shape sensing vest). […] sensing fibers 210 are integrated in the vest 202 and are employed to determine a shape of the chest of the subject 148. The sensing fibers 210 are also employed to determine dynamic geometry changes in the subject 148 and/or monitor a status of the subject 148. The sensing fiber(s) 210 may include a single optical fiber integrated into the vest 202 that spirals around the subject's body and hence delivers a sufficient picture of the geometry or may include multiple fibers integrated into the vest 202. The sensing fibers 210 may include one or more fiber optic Bragg gratings (FBG), which are a segment of an optical fiber that reflects particular wavelengths of light and transmits all others”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including wherein the strain sensor has a sensor element having optical fibers as a measurement signal carrier, as disclosed by Foppen. One of ordinary skill in the art would have been motivated to make this modification in order to desirably sense movement of a patient, as recognized by Foppen (see, e.g., Para. [0029-0034]).
Regarding claim 16, Kassai modified by Hamill and Foppen discloses the measuring arrangement of claim 15, as set forth above. Kassai modified by Hamill does not specifically disclose wherein the sensor element is based on stretchable optical fibers, is a fiber Bragg grating sensor element, or is a combination thereof.
However, in the same field of endeavor of monitoring respiratory motion, Foppen discloses wherein the sensor element is based on stretchable optical fibers, is a fiber Bragg grating sensor element, or is a combination thereof (see, e.g., Para. [0015], “ Shape information can be derived from a variety of systems. These include: optical shape interrogation systems (e.g., fiber optic Bragg sensors, Rayleigh scattering, Brillouin scatter, optical intensity-based attenuation)”, and Para. [0023], “When the sensors 104 include optical shape sensing fibers, the optical fiber sensors 104 are weaved or otherwise integrated into garment 106 in a pattern that allows for stretching of the underlying textile substrate while accounting for the fact that the overall fiber sensor length in the textile can change only minimally (e.g., a 2D spiral pattern or 2D sinusoidal pattern embedded within the flexible membrane). The fibers for sensors 104 are locally anchored at control points to provide a strain in the fiber during the flexure of the subject 148”, and Para. [0031], “The garment 106 may be employed during a medical procedure to assist a clinician in performing the procedure. Workstation 112 may include a display 118 for viewing internal images of the subject 148 using the imaging system 110. The imaging system 110 may include one or more imaging modalities, such as, e.g., ultrasound, photoacoustics, a magnetic resonance imaging (MRI) system…”, and Para. [0033-0034], “Referring to FIG. 2, in one embodiment, garment 106 includes a vest or manifold 202. The vest 202 is formed from a mesh or fabric 206. In this embodiment, the mesh 206 or vest 202 measures body surface deformation continuously in time and space with spatial high resolution (e.g., shape sensing vest). […] sensing fibers 210 are integrated in the vest 202 and are employed to determine a shape of the chest of the subject 148. The sensing fibers 210 are also employed to determine dynamic geometry changes in the subject 148 and/or monitor a status of the subject 148. The sensing fiber(s) 210 may include a single optical fiber integrated into the vest 202 that spirals around the subject's body and hence delivers a sufficient picture of the geometry or may include multiple fibers integrated into the vest 202. The sensing fibers 210 may include one or more fiber optic Bragg gratings (FBG), which are a segment of an optical fiber that reflects particular wavelengths of light and transmits all others”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill and Foppen by including wherein the sensor element is based on stretchable optical fibers, is a fiber Bragg grating sensor element, or is a combination thereof, as disclosed by Foppen. One of ordinary skill in the art would have been motivated to make this modification in order to desirably sense movement of a patient, as recognized by Foppen (see, e.g., Para. [0029-0034]).
Regarding claim 17, Kassai modified by Hamill discloses the measuring arrangement of claim 1, as set forth above. Kassai modified by Hamill does not specifically disclose wherein the control device is further configured to compensate for movements in the sensor data caused by operation of components of a magnetic resonance device, based on compensation information obtained in a calibration measurement.
However, in the same field of endeavor of monitoring respiratory motion, Foppen discloses wherein the control device is further configured to compensate for movements in the sensor data caused by operation of components of a magnetic resonance device, based on compensation information obtained in a calibration measurement (see, e.g., Para. [0022], “Memory 116 may store an interpretation module 115 configured to interpret electromagnetic, optical, acoustic, etc. feedback signals from a sensitized flexible garment 106. The garment 106 may include fiber sensors, optical, acoustic, electrical or electromagnetic markers or sensors, etc. embedded therein with known geometry or with a geometry that is initialized before use. A shape interrogation console 122 measures the marker/sensor distribution over the surface of interest and supplies feedback about calibration/reference sections and measurement sections to the interpretation module 115. In one embodiment, the shape interrogation module 122 sends and receives light to/from optical fibers or provide electrical power or signals to sensors 104”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the measuring arrangement of Kassai modified by Hamill by including wherein the control device is further configured to compensate for movements in the sensor data caused by operation of components of a magnetic resonance device, based on compensation information obtained in a calibration measurement, as disclosed by Foppen. One of ordinary skill in the art would have been motivated to make this modification in order to desirably sense movement of a patient, as recognized by Foppen (see, e.g., Para. [0029-0034]).
Conclusion
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/T.D./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798