DETAILED ACTION
This Office Action is responsive to the Amendment filed 18 June 2026. Claims 70 – 71 and 73 - 74 are now pending. The Examiner acknowledges the amendments to claims 70 – 71 and 73 - 74, as well as the cancellation of claim 72.
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 .
Claim Rejections - 35 USC § 103
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 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.
Claims 70 71 and 73 - 74 are rejected under 35 U.S.C. 103 as being unpatentable over Gilad in view of Yokoi et al (US 20030181788 A1, hereinafter “Yokoi”).
Regarding claim 70, Gilad teaches a system (Figures 8A – 8B; [0024], [0077]) for controlling a medical device ([0050] Figures 1 – 8B) comprising: a medical device ([0050] Figures 1 – 8B),
the medical device comprising:
a body part (see annotated Gilad Figure 8B below; Figures 1 – 8B); and
a tail part (see annotated Gilad Figure 8B below; Figures 1 – 8B) attached to the body part (see annotated Gilad Figure 8B below; Figures 1 – 8B),
wherein a controlling line (see annotated Gilad Figure 8B below; Figures 1 – 8B) is attached to the medical device (2), and
wherein a stiffness of the controlling line (2) is not sufficient to move the medical device to a target location (Examiner interprets that the controlling line does not move the medical device when stiff.)
wherein the body part (see annotated Gilad Figure 8B below; Figures 1 – 8B) contains a magnetic part (“Attachment member 12 and mating element 24 may attach by any attachment means, for example, a Luer lock, a clip, a snap, a detent mechanism, a screw or a magnet.” [0070]; “Guide apparatus 2 may have a switch at the proximal end (outside the patient) for turning off the magnet or switching the polarity of the magnet of the attachment element to repel capsule 4.” [0094]; [0011], [0014])
wherein the body part (see annotated Gilad Figure 8B below; Figures 1 – 8B) comprises a hollow tube (see annotated Gilad Figure 8B below; Figures 1 – 8B; Examiner interprets part of component 32 is included with “body part”.) for transmission or suction of fluid (“The pressurized fluid may travel through opening 32 at the proximal terminal of attachment member 12 and apply a force to capsule 4 sufficient to dislodge capsule 4 from attachment member 12.” [0077], Figures 8A and 8B).
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Gilad does not teach a magnetic field generator wherein the medical device is guidable by a magnetic field generated by the magnetic field generator.
However, Yokoi discloses a “capsule-type medical device comprises a capsule main unit having functions for being inserted into the body cavity and performing medical acts such as taking images or the like” (abstract) and teaches a magnetic field generator (“magnetic guiding device 5 is configured so as to form a rotating magnetic field” [0065]) wherein a medical device (“capsule-type medical device 1” [0065] – [0066] Figure 1) is guidable by a magnetic field generated by the magnetic field generator ([0065] – [0066] Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gilad such that a magnetic field generator wherein the medical device is guidable by the magnetic field generated by the magnetic field generator, as taught by Yokoi, for the benefit of controlling the medical device with little useless motions such as eccentric rotations, and which can be smoothly and readily propelled through body cavities (Yokoi: [0018]).
Regarding claim 71, Gilad and Yokoi teach all limitations of claim 70. The modified invention of Gilad and Yokoi teaches the system (Figures 8A – 8B; [0024], [0077]) and the medical device ([0050] Figures 1 – 8B).
Gilad does not teach a control member adapted to control a velocity of the medical device.
However, Yokoi discloses a “capsule-type medical device comprises a capsule main unit having functions for being inserted into the body cavity and performing medical acts such as taking images or the like” (abstract) and teaches a control member (“control device 3” [0063] – [0065] Figure 1) adapted to control a velocity of a medical device (“capsule-type medical device 1” [0065] – [0066] Figure 1) ([0054], [0063] – [0065]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gilad and Yokoi such that a control member adapted to control a velocity of the medical device, as taught by Yokoi, for the benefit of controlling the medical device with little useless motions such as eccentric rotations, and which can be smoothly and readily propelled through body cavities (Yokoi: [0018]).
Regarding claim 73, Gilad and Yokoi teach all limitations of claim 70. The modified invention of Gilad and Yokoi teaches the control member (Gilad: [0063]) is further adapted to pull in and/or release (Gilad: [0064] – [0065]) the controlling line (Gilad: Gilad: see annotated Gilad Figure 8B above; Figures 1 – 8B) at a controlled velocity (Gilad: [0063] Figures 1 – 8B).
Regarding claim 74, Gilad and Yokoi teach all limitations of claim 70. The modified invention of Gilad and Yokoi teaches the control member (Gilad: [0063]) comprises a mechanism to control the position ([0049], [0052], [0073]) of the medical device (Gilad: [0050] Figures 1 – 8B) (Gilad: [0063] – [0066]).
Response to Arguments
Applicant’s arguments, see page 9, filed 18 June 2026, with respect to claim objection has been fully considered and is persuasive in light of the amendments. The claim objection for claim 72 of 18 March 2026 has been withdrawn.
Applicant’s arguments, see page 8, filed 18 June 2026, with respect to drawing objection has been fully considered and is persuasive in light of the amendments. The drawing objection of 18 March 2026 has been withdrawn.
Applicant’s arguments, see page 9, filed 18 June 2026, with respect to 35 U.S.C. 112(b) rejections have been fully considered and are persuasive in light of the amendments. The 35 U.S.C. 112(b) rejections for claims 41, 49, 70 - 74 of 18 March 2026 have been withdrawn.
Applicant’s arguments, see pages 9 - 10, filed 18 June 2026, with respect to 35 U.S.C. 103 rejections have been fully considered and are persuasive in light of the amendments. The 35 U.S.C. 103 rejections for 41, 49, 70 - 74 of 18 March 2026 have been withdrawn. However, new rejections have been made. See new rejections above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JULIE T TRAN whose telephone number is (703)756-4677. The examiner can normally be reached Monday - Friday from 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at (571) 272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIE THI TRAN/Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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