CTNF 18/977,248 CTNF 93042 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim s 1-10 are objected to because of the following informalities: Regarding claim 1, the limitation “by a control circuit” should be changed to “presenting to the breathing patient, by a control circuit,...” presenting to the breathing patient, by a control circuit,…” and “presenting to the breathing patient, by a control circuit,…” in order to remove clarify the method steps and to remove narrative claim language. Claims 2-10 are objected to by virtue of their dependency . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-5, 10-13, and 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Block (U.S. 2015/0320334) . Regarding claim 1: Block discloses a method for use during an energy-exposure treatment session of a target volume in a breathing patient, which target volume moves in response to the breathing, the method comprising: by a control circuit: presenting to the breathing patient a first illumination that corresponds to a first light modulation to indicate when normal breathing is allowed during the energy-exposure treatment session ([0029]-[0031], lighting used to tell patient when breathing is allowed); presenting to the breathing patient a second illumination that corresponds to a second light modulation that is different from the first light modulation to indicate that controlled breathing is required during the energy-exposure treatment session ([0029]-[0031], no movement or hold breath); presenting to the breathing patient a third illumination that corresponds to a third light modulation that is different from both the first light modulation and the second light modulation to indicate that normal breathing will soon conclude and that controlled breathing will soon begin ([0029] and [0034], scan is about to start with breathing restrictions). Regarding claim 2: Block discloses the method of claim 1 wherein the first, second, and third illumination each comprise ambient illumination ([0026], ambient lighting). Regarding claim 3: Block discloses the method of claim 1 wherein the first light modulation comprises at least one of: a color-choice modulation ([0032], light color choice); a light-intensity modulation; a flashing-light modulation ([0029], light blinking). Regarding claim 4: Block discloses the method of claim 1 wherein the first light modulation comprises use of a green color ([0029], green) and the second light modulation comprises use of a red color ([0029], red). Regarding claim 5: Block discloses the method of claim 4 wherein the third light modulation comprises use of at least one of a yellow color ([0029], yellow) and an orange color. Regarding claim 10: Block discloses the method of claim 1 further comprising using at least one source of light for at least one of the first illumination, the second illumination, and the third illumination to signal a condition pertaining to an energy-exposure treatment session ([0033], patient should stop moving), where the condition is other than breathing instructions to a patient ([0033], patient should stop moving). Regarding claim 11: Block discloses an apparatus configured for use in a treatment setting during an energy-exposure treatment session of a target volume in a breathing patient, the apparatus comprising: a lighting system ([0029]-[0031], lighting system) capable of providing a first illumination in the treatment setting that corresponds to a first light modulation ([0029]-[0031], different color lights), a second illumination in the treatment setting that corresponds to a second light modulation ([0029]-[0031], different color lights), and a third illumination in the treatment setting that corresponds to a third light modulation ([0029]-[0031], different color lights), wherein the first, second, and third light modulations are all different from one another ([0029]-[0031], different color lights); a control circuit (Fig. 5, 502) operably coupled to the lighting system ([0035], lighting conducted by the computing arrangement), the control circuit configured to: use the lighting system to present to the breathing patient the first illumination to indicate to the breathing patient when normal breathing is presently allowed during the energy-exposure treatment session ([0029]-[0031], lighting used to tell patient when breathing is allowed); use the lighting system to present to the breathing patient the second illumination to indicate to the breathing patient that controlled breathing is presently required during the energy-exposure treatment session ([0029]-[0031], no movement or hold breath); use the lighting system to present to the breathing patient the third illumination to indicate that normal breathing will soon conclude and that controlled breathing will soon begin ([0029] and [0034], scan is about to start with breathing restrictions). Regarding claim 12: Block discloses the apparatus of claim 11 wherein the first, second, and third illumination each comprise ambient illumination ([0026], ambient lighting). Regarding claim 13: Block discloses the apparatus of claim 11 further comprising: a ceiling-mounted frame that supports the lighting system ([0028], lights mounted on ceiling). Regarding claim 20: Block discloses a non-transitory computer-readable medium comprising instructions stored thereon for use during an energy-exposure treatment session of a target volume in a breathing patient, which target volume moves in response to the breathing, which instructions, when executed on a processor, perform the steps of: presenting to the breathing patient a first illumination that corresponds to a first light modulation to indicate when normal breathing is allowed during the energy-exposure treatment session ([0029]-[0031], lighting used to tell patient when breathing is allowed); presenting to the breathing patient a second illumination that corresponds to a second light modulation that is different from the first light modulation to indicate that controlled breathing is required during the energy-exposure treatment session ([0029]-[0031], no movement or hold breath); presenting to the breathing patient a third illumination that corresponds to a third light modulation that is different from both the first light modulation and the second light modulation to indicate that normal breathing will soon conclude and that controlled breathing will soon begin ([0029] and [0034], scan is about to start with breathing restrictions) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 6-7, 16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Block (U.S. 2015/0320334) in view of Hale (U.S. 2018/0117359) . Regarding claim 6: Block discloses the method of claim 1. However, Block fails to disclose accessing image information of the breathing patient; determining when to present to the breathing patient at least one of the first illumination and the second illumination as a function of the image information. Hale teaches accessing image information of the breathing patient ([0037], and [0045], process images to generate data about patient’s breathing); determining when to present to the breathing patient at least one of the first illumination and the second illumination as a function of the image information ([0051], lighting is based on patient’s breathing). It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Block with the breathing coordination taught by Hale in order to reduce patient movement for improve treatment accuracy (Hale; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Regarding claim 7: Block discloses the method of claim 1. However, Block fails to disclose providing acoustic content to the breathing patient in accompaniment to at least one of presenting to the breathing patient the first illumination, the second illumination, and the third illumination . Hale teaches providing acoustic content ([0078], light and sound are used) to the breathing patient in accompaniment to at least one of presenting to the breathing patient the first illumination ([0078], light and sound are used), the second illumination ([0078], light and sound are used), and the third illumination ([0078], light and sound are used). It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the method of Block with the breathing coordination taught by Hale in order to reduce patient movement for improve treatment accuracy (Hale; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Regarding claim 16: Block discloses the apparatus of claim 13. However, Block fails to disclose wherein the apparatus further comprises at least one image-capture apparatus that is also supported by the ceiling-mounted frame. Hale teaches wherein the apparatus further comprises at least one image-capture apparatus that is also supported by the ceiling-mounted frame (Fig. 1, 14 attached to ceiling frame). It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Block with the breathing coordination taught by Hale in order to reduce patient movement for improve treatment accuracy (Hale; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Regarding claim 18: Block discloses the apparatus of claim 13. However, Block fails to disclose wherein the apparatus further comprises at least one audio transducer that is also supported by the ceiling-mounted frame. Hale teaches wherein the apparatus further comprises at least one audio transducer that is also supported by the ceiling-mounted frame ([0078], lights and sound are used). It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Block with the audio taught by Hale in order to reduce patient movement for improve treatment accuracy (Hale; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Regarding claim 19: The combination of Block and Hale discloses the apparatus of claim 18 wherein the at least one audio transducer is operably coupled to the control circuit (Hale; [0079], sound control module), and wherein the control circuit is configured to provide acoustic content to the breathing patient via the at least one audio transducer in accompaniment to at least one of presenting to the breathing patient the first illumination, the second illumination, and the third illumination (Hale; [0078], sound used with lights to convey breathing information). It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Block with the audio taught by Hale in order to reduce patient movement for improve treatment accuracy (Hale; [0076]). KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) . 07-21-aia AIA Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Block (U.S. 2015/0320334) in view of Wiesner (U.S. 2024/0005523) . Regarding claim 15: Block discloses the apparatus of claim 13. However, Block fails to disclose wherein the ceiling-mounted frame comprises an arc-shaped frame. Wiesner teaches wherein the ceiling-mounted frame comprises an arc-shaped frame (Fig. 1B, 160 frame). It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Block with the arc frame taught by Wiesner. One would have motivated to make such combination in order to improve patient breathing detection by allowing to position more sensors or cameras. Therefore, it would have been obvious to combine the apparatus of Block and Hale with the arc frame taught by Wiesner to yield predictable results. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) . 07-22-aia AIA Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Block (U.S. 2015/0320334) in view of Hale (U.S. 2018/0117359) as applied to claim 16 above, and further in view of Wiesner (U.S. 2024/0005523) . Regarding claim 17: The combination of Block and Hale discloses the apparatus of claim 16. However, the combination of Block and Hale fails to disclose wherein the at least one image-capture apparatus comprises at least two image-capture apparatuses that are aimed and configured to capture images of the breathing patient. Wiesner teaches wherein the at least one image-capture apparatus comprises at least two image-capture apparatuses that are aimed and configured to capture images of the breathing patient ([0048], multiple cameras). It would have been obvious to one of an ordinary skill in the art before the effective filing date to combine the apparatus of Block and Hale with the multiple cameras taught by Wiesner. One would have motivated to make such combination in order to improve patient breathing detection by allowing to position more sensors or cameras. Therefore, it would have been obvious to combine the apparatus of Block and Hale with the multiple cameras taught by Wiesner to yield predictable results. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Block (U.S. 2015/0320334). Regarding claim 14: Block discloses the apparatus of claim 13. However, Block fails to disclose wherein the ceiling-mounted frame disposes the lighting system at least 1.5 meters distant from the breathing patient. Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten in independent form to include all of the limitations of the base claim and any intervening claim . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm. Examiner interviews are available via telephone, in-person, 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. /S.K./Examiner, Art Unit 2884 /DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884 Application/Control Number: 18/977,248 Page 2 Art Unit: 2884 Application/Control Number: 18/977,248 Page 3 Art Unit: 2884 Application/Control Number: 18/977,248 Page 4 Art Unit: 2884 Application/Control Number: 18/977,248 Page 5 Art Unit: 2884 Application/Control Number: 18/977,248 Page 6 Art Unit: 2884 Application/Control Number: 18/977,248 Page 7 Art Unit: 2884 Application/Control Number: 18/977,248 Page 8 Art Unit: 2884 Application/Control Number: 18/977,248 Page 9 Art Unit: 2884 Application/Control Number: 18/977,248 Page 10 Art Unit: 2884 Application/Control Number: 18/977,248 Page 11 Art Unit: 2884 Application/Control Number: 18/977,248 Page 12 Art Unit: 2884
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