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 .
Response to Arguments
Applicant’s argument regarding the rejection of Claim 13 under 35 U.S.C. 102(a)(1) as being anticipated by Tegg has been fully considered and is withdrawn in view of the amendments.
Regarding the rejection of all remaining corresponding claims, applicant’s argument submitted on Pages 11-13 relies on the supposed deficiencies with respect to the rejection of parent Claim 13. Applicant’s argument is withdrawn for the same reasons detailed above.
The rejections of Claims 19 and 22 are withdrawn in view of the cancelation of the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 26 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation “a width, a height, and a shape of the proximal connector of the ICE catheter corresponds to a width, a length, a height, and a shape of the distal connector of the elongate cable” fails to comply with the written description requirement. The disclosure merely teaches that the electrical cable extends through the core of the body of the catheter ([0002]).
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 17 and 27-28 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.
The term “about” in Claims 17 and 27 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of applying prior art, the limitation “about” is interpreted as within the ranges as disclosed in [0090]-[0093].
Claims not explicitly addressed above are rejected as depending from a rejected claim and failing to cure deficiencies of the parent claim.
Allowable Subject Matter
Claims 13-14, 18, 20-21, 23-25, and 29-30 are allowed. The rejection of Claims 12-14, 18, 20-21, 23-25, and 29-30 under 35 U.S.C. 102(a)(1) as being anticipated by Tegg is withdrawn in view of the amendments. The rejection of Claims 19 and 22 are withdrawn in view of the cancelation of the claims.
The following is an examiner’s statement of reasons for allowance:
Tegg is cited for teaching an ultrasound imaging system, comprising: an intracardiac echocardiography (ICE) catheter configured to be advanced through a blood vessel to a heart of a patient ([0025]), and comprising: an ultrasound transducer array disposed at the distal portion of the ICE catheter ([0026]) and configured to obtain imaging data ([0005] and [0031]), wherein the ultrasound transducer array comprises a plurality of acoustic elements ([0027]), circuitry disposed at the distal portion of the ICE catheter ([0026]), a plurality of conductive wires extending between the distal portion and a proximal portion of the ICE catheter ([0005] and [0029]), a proximal connector disposed at the proximal portion of the ICE catheter ([0025]).
The prior art does not disclose or reasonably suggest an elongate cable configured to: extend between the ICE catheter and a console; and carry the imaging data from the ICE catheter to the console, wherein the elongate cable, the ICE catheter, and the console are physically distinct from one another, wherein the elongate cable comprises: a proximal connector disposed at a proximal portion of the elongate cable; and a distal connector disposed at a distal portion of the elongate cable, wherein the distal connector of the elongate cable and the proximal connector of the ICE catheter are configured to be removably coupled to one another, wherein the proximal connector of the elongate cable is configured to be removably coupled to the console and comprises a plurality of electrical isolation transformers associated with the plurality of data channels, wherein the circuitry is configured to perform beamforming of the imaging data at the distal portion of the ICE catheter such that: a quantity of the plurality of data channels is less than a quantity of the plurality of acoustic elements; and the plurality of electrical isolation transformers fits inside of the proximal connector of the elongate cable.
Claims 17 and 26-28 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA CHRISTINA TALTY whose telephone number is (571)272-8022. The examiner can normally be reached M-Th 8:30-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Carey 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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/MARIA CHRISTINA TALTY/ Examiner, Art Unit 3797
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795