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 .
Drawings
Figure 9 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the command value of the tube current" in (pg. line numbering 15-16. There is insufficient antecedent basis for this limitation in the claim. Similar issue present in both claim 11 and claim 14.
Claim Rejections - 35 USC § 102
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 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.
(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.
Claim(s) 1-5, 11-12, and 14-15 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Sammon (US 5,077,773).
Regarding claims 1, 11, and 14, Sammon teaches an X-ray apparatus, a controller, and a method that can perform a tube-current modulation scan, the X-ray apparatus (Abstract) comprising:
an X-ray tube (10) configured to irradiate an object with X-rays;
a memory (122) configured to store, for each tube voltage to be applied to the X-ray tube, characteristic data in which a filament current flowing through a filament in the X-ray tube and the tube current are associated with each other;
an X-ray tube power supply configured to apply the tube voltage to the X-ray tube by periodically switching the tube voltage between a first tube-voltage value and a second tube- voltage value lower than the first tube-voltage value (col. 3, lines 30-36; 124; 130; 132);
processing circuitry configured to update the command value of the tube current at a predetermined timing according to switching of the tube voltage (Abstract; Fig. 4); and
a filament control circuit configured to specify a filament-current command-value corresponding to the command value of the tube current based on the characteristic data (Figs. 1 and 4; 16; Ifil).
Regarding claims 2, 12, and 15, Sammon teaches a filament power supply configured to apply a voltage to the filament based on a specified filament-current command-value, wherein: the processing circuitry is configured to update the command value of the tube current, as the predetermined timing, when the tube voltage switches from the first tube- voltage value to the second tube-voltage value; and the filament control circuit is configured to specify a filament-current command-value corresponding to the command value of the tube current at a predetermined tube voltage based on the characteristic data (Figs. 1, 2, and 4).
Regarding claim 3, Sammon teaches the filament control circuitry is configured to specify the filament-current command-value in a period during which the tube voltage is the first tube-voltage value from an updated command value of the tube current based on the characteristic data; and the filament power supply is configured to apply a voltage to the filament based on the specified filament- current command-value in a period during which the tube voltage is the second tube-voltage value (Figs. 1, 2, and 4).
Regarding claim 4, Sammon teaches a tube-current detection circuit configured to detect the tube current, wherein: the filament control circuit is configured to specify the filament-current command-value in a period during which the tube voltage is the first tube-voltage value from an updated command value of the tube current and a detected detection value of the tube current based on the characteristic data; and the filament power supply is configured to apply a voltage to the filament during the period based on the specified filament-current command-value (Figs. 1, 2, and 4).
Regarding claim 5, Sammon teaches the filament control circuit is configured to use the characteristic data for specifying a value of the filament current in a period during which the tube voltage is the first tube-voltage value from the updated command value of the tube current, specifying a value of the tube current in a period during which the tube voltage is the second tube-voltage value from a value of the filament current, and specifying the filament-current command-value in a period during which the tube voltage is the second tube- voltage value from an intermediate value between the command value of the tube current and the value of the tube current; and the filament power supply is configured to apply a voltage to the filament based on the specified filament- current command-value in a period during which the tube voltage is the second tube-voltage value (Figs. 1, 2, and 4).
Allowable Subject Matter
Claims 6-10, 13, and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Hermeyer et al. (US 4,177,406) teaches a circuit for adjusting X-ray anode current including memory storing relationships between filament current, anode current and tube voltages (Abstract; col. 1, lines 5-16).
Hirokawa et al. (US 2010/0232566) teaches an X-ray CT apparatus that includes a stored program, that performs calculation with the relationship of tube voltage, tube current, and filament current ([0092]).
Regarding claims 6-10, the prior art of record does not disclose or reasonably suggest, along with the other claimed limitations, an X-ray CT apparatus comprising: namely, the processing circuitry is configured to update the command value of the tube current, as the predetermined timing, at a timing of switching of a view determined by the number of times of data acquisition per rotation of a rotating frame.
Regarding claim 13, the prior art of record does not disclose or reasonably suggest, along with the other claimed limitations, a controller comprising: namely, the processing circuitry is configured to update the command value of the tube current, as the predetermined timing, at a timing of switching of a view determined by the number of times of data acquisition per rotation of a rotating frame.
Regarding claim 16, the prior art of record does not disclose or reasonably suggest, along with the other claimed limitations, a control method comprising: namely, the step of updating the command value of the tube current is updating the command value of the tube current, as the predetermined timing, at a timing of switching of a view determined by the number of times of data acquisition per rotation of a rotating frame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carolyn Fin whose telephone number is (571)270-1286. The examiner can normally be reached Monday, Wednesday, and Thursday.
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/CAROLYN FIN/Examiner, Art Unit 2884
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