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
The pending application claims is a § 371 application of PCT/CB2023/052629, which claims the benefit of foreign priority to GB2215242.5, filed 10/14/2022.
Status of Claims
Claims 2, 3, 8, 15, 17, 24, 26, 27, and 29 are canceled. Claims 1, 4, 5, 7, 9, 11-14, 16, 18, 20, 21, 22, 23 are amended. Claims 1, 4-7, 9-14, 16, 18-23, 25, and 28 are pending.
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.
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(s) is/are:
“medical device engagement member…being moveably engageable…” in claim 1 (Specification, [0203-0209]),
“adjustment device…being configured to move…” in claim 1 (Specification, [0224-0227]); and
“attachment member being configured…” in claim 14 (Specification, [0198, 0204]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are 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/these limitation(s) 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(s) to avoid it/them 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(s) recite(s) 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 § 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 6, 9-12, 18-22 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 6 recites the phrase “wherein the adjustment device support may be a channel portion”. The instant phrase is constructed in the alternative and fails to make clear whether the phrase is limiting of the invention. Similarly, Claims 12 and 14 each use the same language and are rejected for the same rationale.
Claim 9 recites the phrase “the longitudinal axis of the mounting apparatus” in line 4. The instant phrase lacks antecedent basis in the claim. Claims 10-12 are rejected based on dependence.
Claim 14 recites the phrase “attachment member … configured such that” in lines 2-4. The instant phrase invokes 112(f) as set forth above. However, the specification uses the phrase “attachment member” to describe two different elements within the drawings and disclosure: item 1a and item 18, each of FIG 2 ([0198, 0204]). Thus, one of ordinary skill in the art would not be apprised of the scope of the claim.
Claim 18 recites the phrase “in the sidewall thereof” in lines 2-3. The instant phrase lacks antecedent basis in the claim. Claims 19-22 are rejected based on dependence.
Claim 20 recites the phrase “the first position to the second position” in lines 5-6. The instant phrase lacks antecedent basis in the claim.
Claim 21 recites the phrase “the body portion of the adjustment device” and “the contact surfaces of the apertures of the medical device engagement member” in lines 4-6. The instant phrase lacks antecedent basis in the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 7, 13, 14, 16, 23, 25 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over HENNING et al. (US 20120163556 A1).
Regarding claim 1, HENNING discloses amounting apparatus for a medical device comprising:
a housing support member (holder 9 is connected to articulated arm 4a, and within which the x-ray applicator 4 and the axial displacement mechanism are disposed; [0096]);
a medical device engagement member, the medical device engagement member being moveably engageable with the housing support member (the adapter 19a, which engages the x-ray applicator 4 and is moveably engageable with the sleeve holder 9 as part of the axial displacement mechanism; [0096]); and
an adjustment device, the adjustment device being configured to move the medical device engagement member relative to the housing support member (rotating body 9a and screw mechanism 19, which upon rotation, moves the x-ray applicator 4 relative the holder 9, [0094]; rotating portion 9a may be moved for allowing an axial displacement of the x-ray tube, [0095]; the x-ray applicator 4 may be disposed within the axial displacement mechanism, which may include a rotating body 9a, an adapter 19a for engaging the x-ray applicator 4, a screw mechanism 19, and a holder 9; [0096]).
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Fig. 7b of HENNING shows an articulating arm 4a and holder 9 for an x-ray source 4.
To the extent that HENNINGS screw mechanics 19 is not considered identical in structure to the corresponding structure disclosed in the present specification for the claimed “adjustment device” (per the interpretation under 112(f) as described in the Claim Interpretation), it would have been obvious to one of ordinary skill in the art at the time of filing to use HENNINGS rotate-to-translate screw mechanism as the claimed adjustment device, because a continuously-threaded helical engagement and pin engaging a helical or angled slot were both well-known, interchangeable mechanism means for converting rotational motion into linear translational motion, and substituting one such known means for the other would have yielded the predictable result of moving a medical device engagement member relative to a housing support member.
Regarding claim 7, HENNING discloses holder 9 including a channel (interior of the sleeve) configured to receive a portion of the adapter 19a and x-ray applicator 4 therein and to allow relative linear translational movement between the holder 9 and the adapter 19a/x-ray applicator 4 ([0094]).
Regarding claim 13, HENNING discloses wherein the housing support member (holder 9), and the medical device engagement member (adapter 19a) are arranged such that relative linear translational movement between the two is permitted, and relative rotational movement about the longitudinal axis of the mounting apparatus between the two is prohibited (FIG 7a; [0094-0096]).
Regarding claim 14, HENNING discloses adapter 19a constitutes an attachment member of medical device engagement member configured to be attachable to a medical device (x-ray source 4).
Regarding claim 16, HENNING discloses a rotating body 9a configured to rotate about the longitudinal axis of the mounting apparatus between a first position and a second position corresponding to first and second positions of the x-ray applicator 4 ([0094, 0095]).
Regarding claim 23, HENNING discloses mounting apparatus (holder 9, rotating body 9a, and adapter 19a) as pivotably attachable to a support structure, the articulated arm 4a, about at least two axes of rotation relative to the support structure, via a ball joint coupling the mounting apparatus to the articulated arm 4a ([0095]).
Regarding claims 25 and 28, HENNING discloses a medical device system (x-ray unit 10) comprising:
a base unit (base 2 of the mobile x-ray unit 10; FIG 1c);
a support structure (articulated arm 4a) for supporting a medical device mounting apparatus, the support structure being attachable to the base unit via a rotational joint 6a coupling the articulated arm 4a to the base (FIG 7a; [0095]); and
a mounting apparatus for a medical device, comprising a housing support member (holder 9), a medical device engagement member (adapter 19a) moveably engageable with the housing support member, and an adjustment device (rotating body 9a and screw mechanism 19) configured to move the medical device engagement member relative to the housing support member (FIG 2; [0094-0096]), for the reasons five above with respect to claim 1,
and a medical device mounted to the mounting apparatus (x-ray applicator 4).
Allowable Subject Matter
Claims 4-6 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY BRYANT whose telephone number is (571)270-7329. The examiner can normally be reached M-F // 7-3P EST.
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, 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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CASEY BRYANT
Primary Examiner
Art Unit 2884
/CASEY BRYANT/Primary Examiner, Art Unit 2884
