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 .
Election/Restrictions
Applicant’s election without traverse of Group III (claims 70 - 74) in the reply filed on 19 February 2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the coupling element must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 72 is objected to because of the following informalities:
Claim 72, line 3, "the device" should read --the medical device--.
Appropriate correction is required.
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 70 – 74 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 41 recites the limitation "the device" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 70, It would help clarity if the applicant input the language of claims 41 and 49 into 70 so as to not cause issues.
Claim 70, line 1, it is unclear if the two instances of "a medical device" are the same or different.
Claim 71, line 1, it is unclear what "a control" entails, whether it is a member or a controller.
Claim 71 recites the limitation "the velocity" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 72, line 3, the limitation "the device" is unclear as it raises the question what this refers to. Examiner suggest to amend to --the medical device-- if that is the applicant’s intention.
Claims 73 and 74, line 1, it is unclear what "the control" entail, whether it is a member or a controller.
Claims 73 and 74 recites the limitation "the control" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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 - 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 all limitations of claim 49. 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), said 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 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]).
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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 adapted to control the 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 (“control device 3” [0063] – [0065] Figure 1) adapted to control the 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 adapted to control the 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 72, Gilad and Yokoi teach all limitations of claim 70. The modified invention of Gilad and Yokoi teaches the system further comprises a coupling element (Gilad: see annotated Gilad Figure 8B above; [0077] Figures 8A – 8B) adapted to be coupled to the controlling line (Gilad: see annotated Gilad Figure 8B above; Figures 1 – 8B) in order to connect the coupling element to the device (Gilad: [0050] Figures 1 – 8B) to control its velocity (Yokoi: [0054], [0063] – [0065]) (Gilad: [0050] – [0054], [0077] Figures 8A – 8B).
Regarding claim 73, Gilad and Yokoi teach all limitations of claim 70. The modified invention of Gilad and Yokoi teaches the control (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 (Gilad: [0063]) comprises a mechanism to control the position ([0049], [0052], [0073]) of the medical device (Gilad: [0050] Figures 1 – 8B) (Gilad: [0063] – [0066]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawano et al (US 20120095289 A1) discloses a “system and method for guiding a capsule medical device” (abstract).
Lin et al (US 20090234186 A1) discloses “a gastrointestinal endoscope, including a deflectable direction-change tube” (abstract).
Glukhovsky et al (US 20030120130 A1) discloses “a system and method for maneuvering a sensing device in vivo” (Glukhovsky et al: [0002]).
Akagi (JP 2006280858 A) discloses “an extending component (3) attached to a capsule (1) with a functional execution portion (2)” (abstract).
Kishi et al (JP 2005230450 A) discloses “a guidewire-type capsule endoscope capable of inserting a guidewire into a deep part of the colon easily and also capable of inserting a capsule endoscope to a target region in a short time using the guidewire as a guide” (abstract).
Yokoi et al (WO 2007007724 A1) discloses a “device for monitoring the inside of a body stably and correctly using an easy-to-operate self-retaining technology, comprising a capsule type endoscope (101)” (abstract).
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