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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on July 13, 2026 has been entered.
Specification
The abstract of the disclosure is objected to because the abstract should preferably not exceed 150 words in length (the current abstract contains 257 words; see MPEP 608.01(b), 1.C). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 12-14 and 16-25 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.
In claim 12, the expression “…by at least one processor…” (line 15) makes it unclear if the processor is to be positively recited. The examiner will assume as such, but recommends reciting first that the at least one computing device comprises at least one processor. Similar commentary applies to new claims 24 and 25.
Also in claim 12, the expression “…using electrodes…” (line 18) makes it unclear if the applicant is referring back to the electrodes referenced in the preamble, or to a unique set of electrodes. The examiner will assume the former, but suggests that the applicant refer to using the electrodes if this is the applicant’s intent. Similar commentary applies to new claims 24 and 25.
In claim 12 it is unclear if the system includes the combination of the EP mapping catheter and electrodes thereof, and the at least one computing device, at least one data acquisition device, and display or monitor, or if the claims is directed to the subcombination of the at least one computing device, at least one data acquisition device, and display or monitor (i.e., not inclusive of the EP mapping catheter recited in the claim preamble). Line 4 of indent ii refers to the computing device being operably connected to the EP mapping catheter and the electrodes thereof. The examiner will assume the applicant is attempting to claim the combination, but suggests reciting the EP mapping catheter and electrodes as a part of the system. Similar commentary applies to new claims 24 and 25.
Further in claim 12, the wherein clause (last two lines) makes it unclear if the computing device itself generates an average ventricular signal, or if the average is generated by another independent system. The examiner will assume the former, but suggests including a new indent vi including a phrase such as, “…and generating an averaged ventricular signal for each electrode using the plurality of intra-cardiac signals.”
Reference in claims 19 and 20 to the screen lacks antecedent basis.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 12-14 and 16-25 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). In claim 12, the reference to one or more body surface electrodes located on one or more body surfaces of the patient, is impermissible. The examiner suggests that any reference to the body be made in a functional sense (e.g., adapted to be located, etc.). Identical commentary applies to new claims 24 and 25
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNEDY SCHAETZLE whose telephone number is (571)272-4954. The examiner can normally be reached 2nd Monday of the biweek and W-F.
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, David E. Hamaoui can be reached at 571 270 5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KENNEDY SCHAETZLE/Primary Examiner, Art Unit 3796
KJS
July 24, 2026
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