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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 2/28/2024. It is noted, however, that applicant has not filed a certified copy of the German application as required by 37 CFR 1.55.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Haywiser et al. (2008/0081122) in view of Silbermann (2,942,126).
Regarding claim 1, Haywiser teaches an X-ray rotating anode, comprising:a carrier including at least one of molybdenum or a molybdenum alloy;a focal path on the carrier, wherein at least one of the first focal path or the second focal path comprises at least one of tungsten or rhenium,at least one of the first focal path or the second focal path are embodied on the carrier via a vacuum plasma spraying (VPS) coating method
Haywiser does not explicitly teach a second focal path, the first focal path and the second focal path are distanced from one another via an intermediate section in the carrier between the first focal path and the second focal path.
Silbermann teaches a second focal path, the first focal path and the second focal path are distanced from one another via an intermediate section in the carrier between the first focal path and the second focal path.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to add a second focal path (and boundary region) as taught by Silbermann to the anode of Haywiser in order to provide imaging at different sizes and/or resolutions (Silbermann, Col. 1, Line 63-Col. 2 line 7)
Regarding claims 2-3, to the extent the terms “web” and “shaft” are directed to embodiments shown in the figures, it is noted that Silbermann Figs. 2-3 appears directly analogue to Applicant’s Figs. 1 and 7, and therefore provides sufficient similarity to satisfy claims 2-3 as well.
Regarding claims 4, the combination of Haywiser and Silbermann further teaches a lower side of the first focal path and a lower side of the second focal path are plane-parallel to a surface of the intermediate section. (Silbermann, Fig. 1)
Regarding claim 6, the combination of Haywiser and Silbermann further teaches the first focal path, the intermediate section and the second focal path are plane-parallel with respect to one another. (Silbermann, Fig. 1)
Regarding claim 9, the combination of Haywiser and Silbermann further teaches the first focal path and the second focal path are plane-parallel with respect to sections of the carrier adjoining the first focal path and the second focal path. (Silbermann, Fig. 1)
Regarding claim 5, the combination of Haywiser and Silbermann further teaches a surface of the carrier has a first groove and a second groove, and the first focal path is within the first groove and the second focal path is within the second groove. (Silbermann, Fig. 3 and Col. 4 Lines 34-46)
Regarding claim 7,the combination of Haywiser and Silbermann further teaches the first focal path, the intermediate section and the second focal path are stepped with respect to one another. (Silbermann, Fig. 3 and Col. 4 Lines 34-46)
Regarding claim 8, the combination of Haywiser and Silbermann further teaches the first focal path and the second focal path are stepped with respect to sections of the carrier adjoining the first focal path and the second focal path. (Silbermann, Fig. 3 and Col. 4 Lines 34-46)
Regarding claim 10, the process by which the device is manufactured will not provide novelty unless there is a difference in the resulting product. Here, the areas appear sufficiently similar in character to consider claim 10 obvious, at least as a manufacturing expedience.
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Haywiser in view of Silbermann and Yamada (2004/0013233)
Regarding claims 11-15, the combination of Haywiser and Silbermann lacks explicit teaching of the details of the housing surrounding the X-ray generation apparatus.
Yamada teaches an evacuated housing containing the electron emitter and rotating anode, together with an x-ray window of beryllium and aluminum. (Yamada, [0020])
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to house the x-ray generator of Haywiser and Silbermann in a housing with a window as taught by Yamada in order to tune the x-ray output to the desired spectrum for a given application. (Yamada, [0020])
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWIN C GUNBERG/ Primary Examiner, Art Unit 2884
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