DETAILED ACTION
Claims 1-12 are currently presented for examination.
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
Following Applicants arguments and amendments, and in light of the 2019 Patent Eligibility guidance, the 101 rejection of the Claims is Maintained.
Applicant’s Argument: Applicant’s arguments directed to 101 rejection are based on newly amended subject matter."
Examiner’s Response: All arguments are addressed in the 101 rejection of the claims below.
Applicant’s Argument: The claims do not recite an abstract idea of a mental process.
Examiner’s Response: The Examiner disagrees and notes the claims are predominantly directed to mathematical concepts, but the mathematical steps recited in the claim are simple enough that they can be done mentally. This argument is not persuasive.
Applicant’s Argument: The Background of the specification identifies a problem specific to the computational modeling of interlaced devices.
Examiner’s Response: The Examiner disagrees and notes the present claims do not reflect the purported improvements cited by the Applicant, with reference to the sections of the specification cited in the arguments. The present claims do not improve the functioning of the computer as well as any other technology or technical field.
Applicant’s Argument: The claims are akin to MCRO and CardioNet as they produce a concrete and tangible result.
Examiner’s Response: The Examiner disagrees and again notes this is not done through the additional elements of the claim. MPEP 2106.05(a): “It is important to note, the judicial exception alone cannot provide the improvement. The improvement can be provided by one or more additional elements...” Additionally, as discussed in 2106.05(a)(II) improvements to technology or technical fields, “an improvement in the abstract idea itself … is not an improvement in technology”. Here, the end result of the claim is a simulation and a determination of position information. Neither of these are a concrete and tangible result, making Applicant’s case distinguishable from MCRO and CardioNet.
Therefore, the 101 rejection of the claims is Maintained.
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.
Regarding claims 1-12, are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. abstract idea) without anything significantly more.
Step 1: Claims 1-10 and 12 are directed to a method, which is a process, which is a statutory category of invention. Claims 11 is directed to a non-transitory computer readable medium, which is a manufacture, which is a statutory category of invention. Therefore, claims 1-12 are directed to patent eligible categories of invention.
Step 2A, Prong 1: Claims 1 and 11 recite the abstract idea of calculating the ends of an implanted device before it is positioned, constituting an abstract idea based on Mathematical Concepts including mathematical formulas or equations as well as calculations or alternatively Mental Processes based on concepts performed in the human mind, or with the aid of pencil and paper. The limitation of "using the computer to define, based on an input provided by a user, a distal point Pd on the traced central line and a local morphology of a vessel, the distal point Pd being configured to indicate a point where the distal end will start to be deployed;” covers mental processes including making a judgment about points on a line. But for the recitation of “using the computer”, there is nothing in the claim that precludes operation in the human mind. This follows for each additional recitation. Additionally, the limitation of “using the computer to calculate a proximal point Pp by using the defined distal point Pd and the defined local morphology of the vessel, the proximal point Pp the being configured to indicate a point that limits a portion of the central line over the traced central line that will be needed for deploying the proximal section comprising the singularity, or that will be needed for deploying the distal section comprising the singularity,” covers mathematical concepts including a calculation, or alternatively a mental processes including evaluating a labeled dataset. Additionally, the limitation of “if the distal section comprises the singularity, the method further comprises extracting a morphological descriptor md of the vascular structure at the distal point Pd and comparing the morphological descriptor md with a nominal morphological descriptor Mn of the distal section a point Pa being defined as Pa = Pd; if the morphological descriptor md is smaller than the nominal morphological descriptor Mn, the method further comprises: i. making the point Pa equal to a point next to Pa in a proximal direction along the traced central line, ii. calculating a local morphological descriptor ma of a cross section of the vascular structure at the point Pa, iii. calculating a distance ha as ha = Mn • dumping (ma), where dumping(m) is a mathematical function in an interval [0, 1] which considers a variation of ha according to an expansion of the distal section to an expansion diameter corresponding to the local morphological descriptor ma, wherein the dumping function models a physical deformation of the interlaced threads of the interlaced device as the interlaced device expands from a closed configuration within a catheter to the expansion diameter corresponding to the local morphological descriptor, iv. identifying a point Pam that is located an interval ha away from the distal point Pd and on a plane perpendicular to and intersecting the traced central line at point Pa, v. calculating dd as the distance between the point Pa and the point Pam, and vi. comparing the calculated distance dd with the local morphological descriptor ma, if the distance d is smaller than the local morphological descriptor ma, the method further comprises repeating steps i. to v., if the distance dd is greater than or equal to the local morphological descriptor ma, Pp = Pa is defined as the proximal point that limits a portion of the central line over the traced central line that will be needed for deploying the distal section; or” covers mathematical concepts including a series of calculations, or alternatively a mental processes including evaluating a labeled dataset after making judgements on how to proceed given a set of rules. Additionally, the limitation of “if the morphological descriptor md is greater than or equal to the nominal morphological descriptor Mn, the method comprises selecting the proximal point Pp as the point that is located a distance dmin from the distal point Pd in the proximal direction, where dmin is a minimum height, over the traced central line, defined by the distal section, and corresponding to a height of the distal section being in a configuration corresponding to the nominal morphological descriptor Mn; or if the singularity is at the proximal end, the method further comprises: extracting a morphological descriptor md of the vascular structure at the distal point Pd; calculating a distance hd as hd = Mn • dumping (md), where dumping(m) is a mathematical function in an interval [0, 1] which considers a variation of hd according to an expansion of the proximal section to an expansion diameter corresponding to the morphological descriptor md, wherein the dumping function models a physical deformation of the interlaced threads of the interlaced device as the interlaced device expands from a closed configuration within a catheter to the expansion diameter corresponding to the local morphological descriptor; and comparing the morphological descriptor md with a nominal morphological descriptor Mn of the proximal section: a point Pa being defined as Pa = Pd; identifying a point Pdm that is located an interval md from the distal point Pd and on a plane perpendicular to and intersecting the traced central line at the distal point Pd, if the morphological descriptor md is smaller than the nominal morphological descriptor Mn, the method further comprises: vii. making the point Pa equal to a point next to Pa in a proximal direction along the traced central line, viii. calculating da as the distance between the point Pa and the point Pdm, and iv. comparing the calculated distance da with the distance hd wherein: if the distance da is smaller than the distance hd, the method further comprises repeating steps vii. to viii., if the distance da is greater than or equal to the distance hd, Pp = Pa is defined as the proximal point that limits a portion of the central line over the traced central line that will be needed for deploying the proximal section; or if the morphological descriptor md is greater than or equal to the nominal morphological descriptor Mn, the method comprises selecting the proximal point Pp as the point that is located a distance dmin from the distal point Pd in the proximal direction, where dmin is a minimum height, over the traced central line, achieved by the proximal section, corresponding to a height of the proximal section being in a configuration corresponding to the morphological descriptor md.” covers mathematical concepts including a series of calculations, or alternatively a mental processes including evaluating a labeled dataset after making judgements on how to proceed given a set of rules. Additionally, the limitation of “simulate, based on the traced central line, distal point Pd, and proximal point Pp, a final arrangement of the interlaced device within the vascular structure, including a configuration of the interlaced device when positioned inside an aneurysm prior to implantation, the final arrangement indicating how a size of the interlaced device adapts to the vascular structure, a location of the proximal end of the interlaced device inside the aneurysm, an apposition of the interlaced device against a wall of the aneurysm, and a coverage of a neck of the aneurysm; and” covers mathematical concepts including a series of calculations to determine position, or alternatively a mental processes including evaluating a set of variables to determine a position. Additionally, the limitation of “using the simulated final arrangement to determine deployment position information for positioning the interlaced device within the vascular structure.” covers mathematical concepts including a series of calculations to determine position, or alternatively a mental processes including evaluating a set of variables to determine a position. Thus, the claims recite the abstract idea of a mental process performed in the human mind, or with the aid of pencil and paper.
Dependent claims 2-10 and 12 further narrow the abstract ideas, identified in the independent claims.
Step 2A, Prong 2: The judicial exception is not integrated into a practical application. In Claims 1 and 11, the additional element of “a computer”, and “a three-dimensional image”, merely uses a computer device as a tool to perform the abstract idea. (MPEP 2106.05(f)) The limitation of “using a computer to receive a three-dimensional image of a vascular structure in which a device formed by interlaced threads, also termed interlaced device, will be positioned, and tracing a central line of the vascular structure in the three-dimensional image defining a direction in which the interlaced device is to be deployed, the interlaced device comprising a proximal end disposed at a proximal section thereof, the proximal end comprising a singularity, the singularity comprising a coincidence of a plurality of interlaced threads, or the interlaced device comprising distal section disposed at a distal end thereof, the distal section comprising the singularity” in claims 1 and 11 are mere instructions to implement an abstract idea using a computer in its ordinary capacity, or merely uses the computer as a tool to perform the identified abstract idea. See MPEP (2106.05(f)) Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a mental process or mathematical concept) does not integrate a judicial exception into a practical application. (MPEP 2106.05(f)(2)) The additional limitation of “generating a graphical representation of the simulated final arrangement of the interlaced device implanted in the vascular structure, thereby enabling the final arrangement of the interlaced device implanted in the vascular structure to be observed.” in claims 1 and 11, can be viewed as insignificant extra-solution activity, specifically pertaining to mere output necessary to perform the abstract idea (MPEP 2106.05(g)) and does not amount to significantly more. This is akin to selecting information, based on types of information and availability of information in a power-grid environment, for collection, analysis and display, which has been identified as extra solution activity. Therefore, the judicial exception is not integrated into a practical application.
Dependent claims 2-10 and 12 further narrow the abstract ideas, identified in the independent claims, and do not introduce further additional elements for consideration beyond those addressed above.
Step 2B: Claims 1 and 11 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. In Claims 1 and 11, the additional element of “a computer”, and “a three-dimensional image”, merely uses a computer device as a tool to perform the abstract idea. (MPEP 2106.05(f)) The limitation of “using a computer to receive a three-dimensional image of a vascular structure in which a device formed by interlaced threads, also termed interlaced device, will be positioned, and tracing a central line of the vascular structure in the three-dimensional image defining a direction in which the interlaced device is to be deployed, the interlaced device comprising a proximal end disposed at a proximal section thereof, the proximal end comprising a singularity, the singularity comprising a coincidence of a plurality of interlaced threads, or the interlaced device comprising distal section disposed at a distal end thereof, the distal section comprising the singularity” in claims 1 and 11 are mere instructions to implement an abstract idea using a computer in its ordinary capacity, or merely uses the computer as a tool to perform the identified abstract idea. See MPEP (2106.05(f)) Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a mental process or mathematical concept) does not amount to significantly more. (MPEP 2106.05(f)(2)) The additional limitation of “generating a graphical representation of the simulated final arrangement of the interlaced device implanted in the vascular structure, thereby enabling the final arrangement of the interlaced device implanted in the vascular structure to be observed.” in claims 1 and 11, can be viewed as insignificant extra-solution activity, specifically pertaining to mere output necessary to perform the abstract idea (MPEP 2106.05(g)) and does not amount to significantly more. This is akin to selecting information, based on types of information and availability of information in a power-grid environment, for collection, analysis and display, which has been identified as extra solution activity. Therefore, the claim as a whole does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, when considered alone or in combination, do not amount to significantly more than the judicial exception. As stated in Section I.B. of the December 16, 2014 101 Examination Guidelines, “[t]o be patent-eligible, a claim that is directed to a judicial exception must include additional features to ensure that the claim describes a process or product that applies the exception in a meaningful way, such that it is more than a drafting effort designed to monopolize the exception.”
The dependent claims include the same abstract ideas recited as recited in the independent claims and merely incorporate additional details that narrow the abstract ideas and fail to add significantly more to the claims.
Dependent claim 2 is directed to further defining where the singularity is, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Dependent claim 3 is directed to further defining additional calculations, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Dependent claim 4 and 12 are directed to further defining the size of the device and performing an additional calculation, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Dependent claim 5 is directed to further defining the morphological descriptor parameter, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Dependent claim 6 is directed to further defining the morphological descriptor parameter, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Dependent claim 7 is directed to further defining the division of a surface and additional calculations, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Dependent claim 8 is directed to further defining the portions, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Dependent claim 9 is directed to further defining the portions, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Dependent claim 10 is directed to further defining the number of portions, which further narrows the abstract idea identified in the independent claim, which is directed to “Mental Processes”, or alternatively “Mathematical Concepts.”
Accordingly, claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without anything significantly more.
Examiner’s Note: The Examiner notes that no prior art has been applied to the claims. See allowability section of the Non-Final Office Action mailed 9/25/2025.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Douthitt et al. USPPN 20170333175 : Also teachers the placing of a stent based on morphological descriptors.
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 MICHAEL COCCHI whose telephone number is (469)295-9079. The examiner can normally be reached 7:15 am - 5:15 pm CT Monday - Thursday.
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, Ryan Pitaro can be reached at 571-272-4071. 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.
/MICHAEL EDWARD COCCHI/Primary Examiner, Art Unit 2188
Prosecution Insights