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 § 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 35 U.S.C. 112 (pre-AIA ), 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.
Claim 16 recites the limitation "The system of claim 10, wherein the dose value acquisition module " in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 14, and 20 recite steps, modules, and a device for determining a relationship between the first depth dose curve and the second depth dose curve based on the first set of dose values and the second set of dose values and determining a second energy spectrum corresponding to the second depth dose curve based on the first energy spectrum and the relationship which are mathematical relationships and calculations. These limitations fall within the mathematical concepts grouping of abstract ideas.
This judicial exception is not integrated into a practical application because the additional limitations of obtaining the depth dose curves, corresponding dose values, and first energy spectrum provide the inputs for the recited determinations. The claim(s) does/do not include additional elements, other than generic modules, processor, and storage device, that are sufficient to amount to significantly more than the judicial exception because the additional limitations to not integrate the mathematical concepts into a practical application since they do not require measuring a radiation beam, specify a particular technical procedure for deriving the second spectrum, or require using that spectrum in dose calculation, image correction, or radiation delivery. The additional limitations amount to obtaining the information used in the mathematical determinations. Considered individually and as an ordered combination, they do not impose a further meaningful limitations or provide an inventive concept beyond the abstract idea.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS H TANINGCO whose telephone number is (571)272-1848. The examiner can normally be reached Monday-Friday 9am-6pm EST.
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/MARCUS H TANINGCO/ Primary Examiner, Art Unit 2884
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