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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/31/2025 and 06/04/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: “a fixing member that fixes a side of the fiber Bragg grating sensor opposite to a side facing the subject and that has a surface on which the fiber Bragg grating sensor is fixed” in claims 1 and 14. Applicant’s specification at paragraph [0171] states “…the upper surface plate 301A of the spine coil unit 300 functions as the fixing member that fixes the FBG optical fiber 202.”
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation recites sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(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.
Claims 1, 2, 4, and 6-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Popescu (Pub. No.: US 2025/0127458).
Consider claim 1, Popescu discloses a sensor unit (Fig. 6, strain sensor 16) that is attached to a surface on which a subject is placed in a bed on which the subject is placed (Fig. 1, patient 1 positioned on a patient table 2) and that detects a heartbeat of the subject (paragraph [0081], detecting motion information to include heartbeat, se paragraph [0094]), the sensor unit comprising:
a fiber Bragg grating sensor that is provided with one or more sensor elements for detecting the heartbeat of the subject (paragraph [0087], the strain sensor 16 used is an optical fiber sensor used at least one optical fiber 24, in the sensor element 19 which uses distributed fiber Bragg gratings);
a fixing member (Figs. 3, 6, patient table 2) that fixes a side of the fiber Bragg grating sensor opposite to a side facing the subject and that has a surface on which the fiber Bragg grating sensor is fixed (paragraph [0088], Figs. 3-5), the surface having a predetermined stiffness (paragraph [0080], Fig. 3, securing strap 6 to the patient table 2 fastened for a resulting tension to be sufficient to hold the local coil array 5 in its current position); and
a cover that covers the side of the fiber Bragg grating sensor facing the subject (paragraph [0088], Fig. 4, entire length of the insertion channels 12 may be covered with a single measuring element 18) and that has a structure in which a cover hole (fig. 5, hole for optical fiber 24) is formed at a position corresponding to the sensor element on a surface of the side facing the subject (paragraph [0087], optical fiber 24 in the sensor element 19).
Consider claim 14, Popescu discloses a medical image capturing (paragraph [0107], Fig. 3, camera 33) apparatus comprising:
a bed on which a subject is placed (Fig. 1, patient 1 positioned on a patient table 2);
a measurement device that measures the subject (paragraph [0085], Figs. 4, 5, measuring element 18);
a measurement data processing device that generates a medical image of the subject based on a measurement result of the subject (paragraph [0092], Fig. 6, control device 27 having a processor (not shown) to obtain motion wherein camera 33 to be used to determine motion information, see paragraph [0107]); and
a sensor unit (Fig. 6, strain senor 16) that is attached to a surface on which the subject is placed in the bed (Fig. 1, patient 1 positioned on a patient table 2) and that detects a heartbeat of the subject (paragraph [0081], detecting motion information to include heartbeat, see paragraph [0094]),
wherein the sensor unit includes
a fiber Bragg grating sensor that includes one or more sensor elements that detect the heartbeat of the subject (paragraph [0087], the strain sensor 16 used is an optical fiber sensor used at least one optical fiber 24, in the sensor element 19 which uses distributed fiber Bragg gratings),
a fixing member (Figs. 3, 6, patient table 2) that fixes a side of the fiber Bragg grating sensor opposite to a side facing the subject and that has a surface on which the fiber Bragg grating sensor is fixed (paragraph [0088], Figs. 3-5), the surface having a predetermined stiffness (paragraph [0080], Fig. 3, securing strap 6 to the patient table 2 fastened for a resulting tension to be sufficient to hold the local coil array 5 in its current position), and
a cover that covers the side of the fiber Bragg grating sensor facing the subject (paragraph [0088], Fig. 4, entire length of the insertion channels 12 may be covered with a single measuring element 18) and that has a structure in which a cover hole (fig. 5, hole for optical fiber 24) is formed at a position corresponding to the sensor element on a surface of the side facing the subject (paragraph [0087], optical fiber 24 in the sensor element 19).
Consider claim 2, Popescu discloses a contact assisting member (paragraph [0085], Fig. 5, fastening element 20 (e.g., a latching lug 21)) that is disposed at a position corresponding to the sensor element (Fig. 5, sensor element 19) in the fiber Bragg grating sensor and located on a side of the cover hole, and that has a shape protruding from the cover hole (Fig. 5).
Consider claim 4, Popescu discloses a first elastic member (Fig. 5, optical fiber 24) that is installed at a position corresponding to the sensor element in the fiber Bragg grating sensor (Fig. 5, sensor element 19) and located on a side of the fixing member (Fig. 4, insertion channel 12) and that has predetermined elasticity (paragraph [0054], stretchable optical fibers may be repeatedly stretched up to three times their length).
Consider claim 6, Popescu discloses wherein the fixing member is installed on the bed and also serves as a table on which the subject is placed (Figs. 3, 6, patient table 2).
Consider claim 7, Popescu discloses wherein the fixing member has a shape that follows a shape of a surface of a table installed on the bed, on which the sensor unit is installed (paragraph [0088], strain sensors 16 along at least one of the insertion channels 12 of the patient table 2).
Consider claim 8, Popescu discloses wherein the cover has a shape that covers an entire length of the fiber Bragg grating sensor in a direction in which the fiber Bragg grating sensor extends (paragraph [0088], Fig. 4, entire length of the insertion channels 12 may be covered with a single measuring element 18).
Consider claim 9, Popescu discloses wherein the cover has a shape in which the direction in which the fiber Bragg grating sensor extends is a longitudinal direction (paragraph [0088], Fig. 4, entire length of the insertion channels 12 may be covered with a single measuring element 18).
Consider claim 10, Popescu discloses wherein the cover has a polygonal or circular planar shape on a surface on which the fiber Bragg grating sensor extends Popescu discloses (Fig. 4).
Consider claim 11, Popescu discloses wherein the fiber Bragg grating sensor includes a first sensor element (paragraph [0084], Fig. 4, strain sensor 16 is incorporated into the second fasteners 10) and a second sensor element that is different from the first sensor element (paragraph [0087], sensor element 19 which uses distributed fiber Bragg gratings), and the cover has a first cover hole formed at a position corresponding to the first sensor element and a second cover hole formed at a position corresponding to the second sensor element (paragraph [0088], Fig. 4, entire length of the insertion channels 12 may be covered with a single measuring element 18).
Consider claim 12, Popescu discloses a first contact assisting member that is disposed at the position corresponding to the first sensor element in the fiber Bragg grating sensor and that has a shape protruding from the first cover hole (paragraph [0088], Figs. 3, 4, entire length of the insertion channels 12 may be covered with a single measuring element 18); and
a second contact assisting member that is disposed at the position corresponding to the second sensor element in the fiber Bragg grating sensor and that has a shape protruding from the second cover hole (paragraph [0088], Figs. 3, 4, entire length of the insertion channels 12 may be covered with a single measuring element 18).
Consider claim 13, Popescu discloses a first fiber Bragg grating sensor including the first sensor element; and a second fiber Bragg grating sensor including the second sensor element (Figs. 3, 4).
Consider claim 15, Popescu discloses one or more processors, wherein the one or more processors select one sensor element from among a plurality of sensor elements based on a captured image in which the subject is imaged (paragraph [0107], camera 33 captures the patient 1 wherein one evaluation function is applied to the sensor data as input data in order to obtain the motion information as output data, see paragraph [0092]).
Consider claim 16, Popescu discloses wherein the fixing member is installed on the bed and also serves as a coil unit installed on a table on which the subject is placed (paragraph [010], control units 25 of the strain sensors 16 are implemented as part of electronic units 32 of the local coil array 5).
Allowable Subject Matter
Claims 3, 5, and 17 are 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.
Regarding claim 3, the prior art of reference fails to disclose a length of a first surface to be brought into contact with the subject is longer than a length of a second surface to be brought into contact with the sensor element, in a longitudinal direction of the bed.
Regarding claim 5, the prior art of reference fails to disclose a second elastic member that is installed on the fixing member.
Regarding claim 17, the prior art of reference fails to disclose wherein the fiber Bragg grating sensor is embedded in a plate-shaped member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD JOHNSON whose telephone number is (571)270-7685. The examiner can normally be reached Monday-Friday 8am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carey Michael can be reached at (571)270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald Johnson/
Primary Examiner, Art Unit 3797