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) 21-25, 28-35, and 38-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagai et al. (JP 2013-066784 A; hereinafter Nagai).
Regarding claim 21, Nagai discloses a method of guiding patient action during a procedure (abstract) with a breast imaging system (fig. 1), the method comprising: immobilizing a breast of a patient (with 14) at the breast imaging system (fig. 1); detecting a first condition of a tube head of the breast imaging system (in order to determine X-ray main exposure time in S23); based on the detected first condition of the tube head, providing a first guidance signal (at display 35 with a 100% progress bar when starting exposure) to the patient (P); detecting a second condition of the tube head (in order to determine X-ray main exposure time at completion in S24), wherein the second condition (completion) is different than the first condition (start); and based on the detected second condition of the tube head, providing a second guidance signal to the patient (0% progress bar), wherein the second guidance signal (0% progress bar) is different than the first guidance signal (100% progress bar).
Regarding claim 31, Nagai discloses a breast imaging system (fig. 1) comprising: a gantry (21); an immobilization system (14) movably secured to the gantry, the immobilization system including a breast support platform (16/17) and an immobilization arm (with 14) movable relative to the breast support platform (16/17); a tube head having an x-ray source (11) rotatably connected to the gantry (21); and a patient guidance module comprising an output device (35) for sending a first guidance signal and a different second guidance signal to a patient when a breast of the patient is immobilized by the immobilization system, wherein the first guidance signal is based on a first condition of the tube head and the second guidance signal is based on a second condition of the tube head, the second condition different than the first condition (at display 35 with progress bar relative to pulse width of X-ray from the tube head).
Regarding claims 22 and 32, Nagai discloses wherein the first condition of the tube head and the second condition of the tube head (11) are associated with imaging modes of the breast imaging system (fig. 1).
Regarding claims 23 and 33, Nagai discloses wherein the imaging modes include a tomosynthesis mode and a mammogram mode (pars. 22 and 24).
Regarding claims 24 and 34-35, Nagai discloses wherein the imaging modes include at least one of a tomosynthesis mode, a mammogram mode, and a wide-angle tomosynthesis mode (pars. 22 and 24).
Regarding claim 25, Nagai discloses wherein the imaging modes are performed during a single breast (of P) immobilization (with 14).
Regarding claims 28 and 38, Nagai discloses wherein at least one of the first and second guidance signals include an audible sound (via 49 with voice or electronic sounds).
Regarding claims 29 and 39, Nagai discloses wherein at least one of the first and second guidance signals include an emitted light (to show the progress bar on 35).
Regarding claims 30 and 40, Nagai discloses wherein the first and second guidance signals include an audible sound (via 49 with voice or electronic sounds) and an emitted light (to show the progress bar on 35).
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) 26-27 and 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagai as applied to claims 21 and 31 above, and further in view of Helmreich et al. (US 2009/0080186; hereinafter Helmreich).
Regarding claims 26 and 36, Nagai discloses claims 21 and 31 above.
However, Nagai fails to disclose wherein the first and second guidance signals are configured to guide breathing for the patient.
Helmreich teaches wherein the first and second guidance signals are configured to guide breathing for the patient (pars. 18 and 50).
It would have been obvious, to one having ordinary skill in the art before the effective filing date of the invention, to modify Nagai with the teaching of Helmreich, since one would have been motivated to make such a modification for comfort and proper positioning (Helmreich: par. 4).
Regarding claims 27 and 37, Helmreich teaches wherein guiding breathing for the patient includes instructions to track inhalation to gradually (par. 23) increasing light levels (par. 18: by increasing colored light levels relative to other colors) and to track exhalation to gradually decreasing light levels (par. 18: by decreasing colored light levels relative to other colors).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Chih-Cheng Kao whose telephone number is (571)272-2492. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Chih-Cheng Kao/Primary Examiner, Art Unit 2884
Prosecution Insights