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 .
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 37-40, 44-46, 51-53 & 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chopra et al. (U.S. Patent Application 2015/0265368 A1) and further in view of Averbuch et al. (U.S. Patent Application 2008/0118135 A1).
Claim 37: Chopra teaches –
A medical device [robotic interventional system] (Figure 1, Element 100), comprising:
an elongate device [interventional instrument system] (Figure 2, Element 200 and Figure 1, Element 104) including a steerable distal portion [controllably bend or turn the distal end 218] (Para 0046 and Figure 2, Element 218) and a sensor [shape sensor] (Figure 2, Element 222 and Figure 1, Element 108); and
one or more processors [at least one processor (not shown), and typically a plurality of processors] (Para 0030) coupled to the elongate device [a plurality of processors, for effecting control between the interventional instrument system 104, the operator input system 106, the sensor system 108, and the display system 110] (Para 0030) and configured to:
Examiner’s Note: Figure 1 and Figure 2 are related embodiments [FIG. 2 illustrates an interventional instrument system 200 which may be used as the interventional instrument system 104 of robotic interventional system 100] (Para 0035)
detect a data collection event [the sensor may begin and/or end tracking in response to a user command such as activation of a trigger deployable based upon motion of the user's hand or foot] (Para 0055)
Examiner’s Note: The claim term, data collection event, is being interpreted in view of Para 0079 of the Specification as originally filed. Para 0079 states:
A data collection event may optionally be triggered manually by the operator of the elongate device, such as operator O, by activating one or more controls and/or commands using a master assembly
Chopra further discloses:
capture [FBG regions, can be used to reconstruct the shape of the fiber] (Para 0042), in response to detecting the data collection event and using the sensor [the sensor may begin and/or end tracking in response to a user command] (Para 0055) [shape sensor] (Figure 2, Element 222 and Figure 1, Element 108), a plurality of points [the shape sensor may be interrogated at multiple discrete points P1-Pn along the instrument during the anatomical motion cycle to determine the pose of a set of points at each time interval] (Para 0053) each having a location in a three-dimensional coordinate space [a shape sensor system for determining the position] (Para 0025) [the term "position" refers to the location of an object or a portion of an object in a three-dimensional space] (Para 0021),
While Chopra teaches measurement along a centerline of a bronchus passageway (as in Figure 6) and measurements deviating from the centerline of a bronchus (as in Figure 5), Chopra fails to teach adjusting the one or more plurality of points to the centerline. However, Averbuch teaches –
wherein one or more points of the plurality of points [a plurality of actual LG locations] (Para 0112 & Figure 1, Element 130) are offset (Figure 1, Element d1 & d2) from a centerline [BT skeleton] (Para 0112 & Figure 1, Element 110) [skeletonized--center lines of the perceived airways are defined] (Para 0014) of one or more passageways of a patient [actual bronchus] (Figure 1, Element 100) in which the device (Figure 1, Element 115) is disposed (as shown in Figure 1); and
adjust [continuously and adaptively matching the LG path to the BT skeleton] (Para 0008), in the three-dimensional coordinate space [BT skeleton, which is a three-dimensional virtual map of the bronchial airways] (Para 0008), the locations of the one or more points of the plurality of points [a plurality of actual LG locations] (Para 0112 & Figure 1, Element 130) to a corresponding location of the centerline [BT skeleton] (Para 0112 & Figure 1, Element 110) of the one or more passageways of the patient [continuously and adaptively matching the LG path to the BT skeleton] (Para 0008) in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006)
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 registration of Chopra to include the adjusting to centerlines as taught by Averbuch in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006).
After the plurality of points have been adjusted by Averbuch, one of ordinary skill in the art would have understood to continue the process of Chopra to displaying the result of the plurality of points processing (Step 370)
Chopra teaches –
match the plurality of points, include the one or more points with adjusted locations (as taught by Averbuch), to corresponding point of a model of the one or more passageways of the patient [the lumen model that most closely matches the shape of the shape sensor, is identified as the matched lumen model] (Para 0072); and
register the plurality of point to the model based on the matching [a matched anatomical image data set is generated from the matched lumen model] (Para 0072) [a virtual image of the interventional instrument in the shape at tx is displayed in combination with the matched anatomical image data] (Para 0072) in order to continue the process of Chopra to displaying the result of the plurality of points processing (Step 370)
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 method of Chopra to include the adjust locations as taught by Averbuch in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006). It would have been obvious to one of ordinary skill in the art to continue to the process of Chopra with the adjusted locations of Averbuch in order to continue the process of Chopra to displaying the result of the plurality of points processing (Step 370) with the benefits of the more accurate adjusted locations.
Claim 38/37: Chopra teaches wherein the sensor comprises a shape sensor extending along a length of the elongate device [shape sensor system 222 may include an optical fiber aligned with the flexible catheter body 216 (e.g., provided within an interior channel (not shown) or mounted externally)] (Para 0037) and the plurality of points are captured along at least a portion of the length of the elongate device [regions of the cores containing FBG's, if located at points where the fiber is bent, can thereby be used to determine the amount of bending at those points. These data, combined with the known spacings of the FBG regions, can be used to reconstruct the shape of the fiber] (Para 0042).
Claim 39/38/37: Chopra teaches wherein the one or more processors [at least one processor (not shown), and typically a plurality of processors] (Para 0030) are further configured to detect an external force [to measure strain, light is sent down the fiber, and characteristics of the returning light are measured] (Para 0041) acting on the elongate device [interventional instrument system] (Figure 2, Element 200 and Figure 1, Element 104) based on information from the shape sensor [shape sensor] (Figure 2, Element 222 and Figure 1, Element 108).
Examiner’s Note: Strain is understood to be a measure of the result of force.
Claim 40/39/38/37: Chopra teaches wherein the one or more processors [at least one processor (not shown), and typically a plurality of processors] (Para 0030) are configured to adjust [respiratory phase cycle data may be used to adjust the airway motion model] (Para 0081) the locations [respiratory phase cycle data provides information about the location of the moving lumens at various times during the respiration cycle] (Para 0080) of the one or more points [points P1-Pn] (Para 0053) based on the detected external force [to measure strain, light is sent down the fiber, and characteristics of the returning light are measured] (Para 0041).
Claim 44/37: Chopra teaches wherein the one or more processors are further configured to determine a phase of a cyclical anatomic movement [the extreme phases of respiration may be differentiated by the fact that a typical human respiration cycle lingers in the expiration phase longer than it does in the inspiration phase] (Para 0056).
Claim 43/37: Chopra fails to teach adjusting the one or more plurality of points to the centerline. However, Averbuch teaches –
wherein the sensor (Figure 1, Element 115) is located at a distance (Figure 1, Element d1) from a centerline [BT skeleton] (Para 0112 & Figure 1, Element 110) of the device (as shown in Figure 1) and
wherein adjusting [continuously and adaptively matching the LG path to the BT skeleton] (Para 0008) the locations of the one or more points [a plurality of actual LG locations] (Para 0112 & Figure 1, Element 130) includes offsetting the locations of the one or more points based on the distance the sensor is located from the centerline of the device [iteratively adjusting the location of the computer model such that said probe path lies within the path shape] (Claim 8 and Para 0112) [decluttering and assigning weights to the probe locations] (Claim 14) in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006)
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 registration of Chopra to include the adjusting to centerlines as taught by Averbuch in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006).
Claim 45/44/37: Chopra teaches wherein the one or more processors are configured to execute a delay, after detecting the data collection event [periodic offset may be added to the command signals] (Para 0082), to defer the capturing of the plurality of points until a selected phase of the cyclical anatomic movement occurs [a periodic offset may be added to the command signals to move the distal tip of the interventional instrument with the movement of the anatomy. The periodic offset may be determined from the respiratory phase cycle data to minimize or eliminate the relative movement of the distal tip of the interventional instrument relative to the anatomy] (Para 0082).
Claim 46/44/37: Chopra teaches wherein adjusting the locations of the one or more points [respiratory phase cycle data may be used to adjust the airway motion model] (Para 0081) includes automatically correcting the locations based on an extrinsic model of the cyclical anatomic movement [modified based upon a generic (e.g., non-patient specific) anatomic model or anatomic atlas (e.g., a two- or three-dimensional view of the airway tree) for the measured stage of the respiratory phase cycle] (Para 0081).
Examiner’s Note: Para 0081 does not disclose a command issued by the user, such as in Para 0082, thus it is understood that the processor is automatically correcting the locations based on an extrinsic model.
Claim 50/37: With respect to the adjusting, Averbuch further teaches –
wherein adjusting the locations of the one or more points [a plurality of actual LG locations] (Para 0112 & Figure 1, Element 130) includes determining a distance by which the elongate device is offset (Figure 1, Element d1 & d2) from the centerline [BT skeleton] (Para 0112 & Figure 1, Element 110) of the one or more passageways [actual bronchus] (Figure 1, Element 100) in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006).
Claim 51: Chopra teaches –
A method [robotic interventional system] (Figure 1, Element 100), comprising:
detecting, by one or more processors [at least one processor (not shown), and typically a plurality of processors] (Para 0030) of a medical device robotic interventional system] (Figure 1, Element 100), a data collection event [the sensor may begin and/or end tracking in response to a user command such as activation of a trigger deployable based upon motion of the user's hand or foot] (Para 0055),
the one or more processors (Para 0030) being coupled to an elongate device [interventional instrument system] (Figure 2, Element 200 and Figure 1, Element 104) having a steerable distal portion [controllably bend or turn the distal end 218] (Para 0046 and Figure 2, Element 218) and a sensor [shape sensor] (Figure 2, Element 222 and Figure 1, Element 108);
Examiner’s Note: Figure 1 and Figure 2 are related embodiments [FIG. 2 illustrates an interventional instrument system 200 which may be used as the interventional instrument system 104 of robotic interventional system 100] (Para 0035)
capturing [FBG regions, can be used to reconstruct the shape of the fiber] (Para 0042), by the one or more processors [at least one processor (not shown), and typically a plurality of processors] (Para 0030) and in response to detecting the data collection event [the sensor may begin and/or end tracking in response to a user command such as activation of a trigger deployable based upon motion of the user's hand or foot] (Para 0055), a plurality of points [the shape sensor may be interrogated at multiple discrete points P1-Pn along the instrument during the anatomical motion cycle to determine the pose of a set of points at each time interval] (Para 0053) using the sensor [shape sensor] (Figure 2, Element 222 and Figure 1, Element 108);
wherein each point of the plurality of points has a location in a three-dimensional coordinate space [a shape sensor system for determining the position] (Para 0025) [the term "position" refers to the location of an object or a portion of an object in a three-dimensional space] (Para 0021),
While Chopra teaches measurement along a centerline of a bronchus passageway (as in Figure 6) and measurements deviating from the centerline of a bronchus (as in Figure 5), Chopra fails to teach adjusting the one or more plurality of points to the centerline. However, Averbuch teaches –
one or more points of the plurality of points [a plurality of actual LG locations] (Para 0112 & Figure 1, Element 130) are offset (Figure 1, Element d1 & d2) from a centerline [skeletonized--center lines of the perceived airways are defined] (Para 0014) of one or more passageways of a patient [actual bronchus] (Figure 1, Element 100) in which the elongate device (Figure 1, Element 115) is disposed (as shown in Figure 1); and
adjusting [continuously and adaptively matching the LG path to the BT skeleton] (Para 0008), in the three-dimensional coordinate space [BT skeleton, which is a three-dimensional virtual map of the bronchial airways] (Para 0008), the locations of the one or more points of the plurality of points [a plurality of actual LG locations] (Para 0112 & Figure 1, Element 130) to a corresponding location of the centerline [BT skeleton] (Para 0112 & Figure 1, Element 110) of the one or more passageways of the patient [continuously and adaptively matching the LG path to the BT skeleton] (Para 0008) in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006)
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 registration of Chopra to include the adjusting to centerlines as taught by Averbuch in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006)
After the plurality of points have been adjusted by Averbuch, one of ordinary skill in the art would have understood to continue the process of Chopra to displaying the result of the plurality of points processing (Step 370)
Chopra teaches –
matching the plurality of points, include the one or more points with adjusted locations (as taught by Averbuch), to corresponding point of a model of the one or more passageways of the patient [the lumen model that most closely matches the shape of the shape sensor, is identified as the matched lumen model] (Para 0072); and
registering the plurality of point to the model based on the matching [a matched anatomical image data set is generated from the matched lumen model] (Para 0072) [a virtual image of the interventional instrument in the shape at tx is displayed in combination with the matched anatomical image data] (Para 0072) in order to continue the process of Chopra to displaying the result of the plurality of points processing (Step 370)
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 method of Chopra to include the adjust locations as taught by Averbuch in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006). It would have been obvious to one of ordinary skill in the art to continue to the process of Chopra with the adjusted locations of Averbuch in order to continue the process of Chopra to displaying the result of the plurality of points processing (Step 370) with the benefits of the more accurate adjusted locations.
Claim 52/51: Chopra teaches wherein the sensor comprises a shape sensor extending along a length of the elongate device [shape sensor system 222 may include an optical fiber aligned with the flexible catheter body 216 (e.g., provided within an interior channel (not shown) or mounted externally)] (Para 0037) and the plurality of points are captured along at least a portion of the length of the elongate device [regions of the cores containing FBG's, if located at points where the fiber is bent, can thereby be used to determine the amount of bending at those points. These data, combined with the known spacings of the FBG regions, can be used to reconstruct the shape of the fiber] (Para 0042).
Claim 53/51: Chopra teaches further comprising detecting an external force [to measure strain, light is sent down the fiber, and characteristics of the returning light are measured] (Para 0041) acting on the elongate device [interventional instrument system] (Figure 2, Element 200 and Figure 1, Element 104), wherein adjusting [respiratory phase cycle data may be used to adjust the airway motion model] (Para 0081) the locations [respiratory phase cycle data provides information about the location of the moving lumens at various times during the respiration cycle] (Para 0080) of the one or more points is based on the detected external force [to measure strain, light is sent down the fiber, and characteristics of the returning light are measured] (Para 0041).
Claim 54/51: With regard to the adjusting step, Averbuch further teaches –
wherein the sensor (Figure 1, Element 115) is located at a distance (Figure 1, Element d1) from a centerline [BT skeleton] (Para 0112 & Figure 1, Element 110) of the device (as shown in Figure 1) and
wherein adjusting [continuously and adaptively matching the LG path to the BT skeleton] (Para 0008) the locations of the one or more points [a plurality of actual LG locations] (Para 0112 & Figure 1, Element 130) includes offsetting the locations of the one or more points based on the distance the sensor is located from the centerline of the device [iteratively adjusting the location of the computer model such that said probe path lies within the path shape] (Claim 8 and Para 0112) [decluttering and assigning weights to the probe locations] (Claim 14) in order to reduce inaccuracies of the registration as the distance between the device and the centerline increase (Para 0006)
Claim 55/51: Chopra teaches further comprising determining a phase of a cyclical anatomic movement [the extreme phases of respiration may be differentiated by the fact that a typical human respiration cycle lingers in the expiration phase longer than it does in the inspiration phase] (Para 0056), wherein adjusting the locations of one or more points [respiratory phase cycle data may be used to adjust the airway motion model] (Para 0081) includes moving the one or more points based on the phase [respiratory phase cycle data may be used to adjust the airway motion model] (Para 0081) [respiratory phase cycle data provides information about the location of the moving lumens at various times during the respiration cycle] (Para 0080).
Claim(s) 41-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chopra et al. (U.S. Patent Application 2015/0265368 A1) and Averbuch et al. (U.S. Patent Application 2008/0118135 A1) and further in view of Tezuka et al. (U.S. Patent Application 2019/0328211 A1).
Claim 41/39/38/37: Chopra and Averbuch does not specifically disclose wherein the one or more processors are further configured to provide instructions to adjust a position of the elongate device to reduce the external force acting on the elongate device before capturing the plurality of points.
In the same field of endoscopes using shape sensors, Tezuka is directed to a flexible tube insertion apparatus includes a flexible tube having flexibility and configured to be inserted into an object to be inserted, one or more external force detectors disposed on the flexible tube and configured to detect a force of an external force applied to the flexible tube when the flexible tube is twisted in at least one direction, and a providing device configured to provide twisting information regarding a twisting direction of the flexible tube for releasing a loop section formed in the flexible tube, according to a direction in which the flexible tube is twisted and the detected force of the external force. Tezuka teaches wherein the one or more processors are further configured to provide instructions to adjust a position of the elongate device to reduce the external force acting on the elongate device before capturing the plurality of points (e.g-, broadly Para 0053 and more specifically Fig. 7a and Para 0093).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the force sensors and measurements and instructions for maneuvering the insertion device as taught by Tezuka in the device of Chopra and Averbuch for the advantage of releasing an unwanted loop shape which has developed in the elongate portion during insertion of the device and for reducing pain such a configuration causes a patient.
Claim 42/37: Chopra and Averbuch does not specifically disclose wherein the elongate device further includes one or more force or pressure sensors configured to detect an external force acting on the elongate device.
In the same field of endoscopes using shape sensors, Tezuka is directed to a flexible tube insertion apparatus includes a flexible tube having flexibility and configured to be inserted into an object to be inserted and one or more external force detectors disposed on the flexible tube and configured to detect a force of an external force applied to the flexible tube when the flexible tube is twisted in at least one direction. Tezuka teaches wherein the elongate device further includes one or more force or pressure sensors configured to detect an external force acting on the elongate device (Para 0051).
It would have been prima facie obvious to one having skill in the art to provide the force sensors and measurements and instructions for maneuvering the insertion device as taught by Tezuka in the device of Chopra and Averbuch for the advantage of releasing an unwanted loop shape which has developed in the elongate portion during insertion of the device and for reducing pain such a configuration causes a patient.
Claim(s) 47-49 & 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chopra et al. (U.S. Patent Application 2015/0265368 A1) and Averbuch et al. (U.S. Patent Application 2008/0118135 A1) and further in view of Walker et al. (U.S. Patent Application 2014/0264081 A1).
Claim 47/37: Chopra teaches wherein the plurality of points are captured over an interval of time [first and second time parameters, from the plurality of time parameters, corresponding to first and second anatomic states, respectively, are identified and stored. For example, the first anatomic state may be full inspiration and the second anatomic state may be full expiration] (Para 0052), and wherein adjusting the locations of the one or more points [respiratory phase cycle data may be used to adjust the airway motion model] (Para 0081) includes determining location [respiratory phase cycle data provides information about the location of the moving lumens at various times during the respiration cycle] (Para 0080) of two or more points of the plurality of points [[the shape sensor may be interrogated at multiple discrete points P1-Pn along the instrument during the anatomical motion cycle to determine the pose of a set of points at each time interval] (Para 0053).
Chopra teaches interpolating points (Para 0071) but Chopra and Averbuch fail to teach determining an average location of two or more points of the plurality of points captured at different times. However, Walker teaches determining an average location of two or more points of the plurality of points [position data associated with the distal region of the elongate member 900 between the points 912 and 902] (Para 0088) captured at different times [one could average the positions and orientation over time in the global frame, or you could average incremental changes in orientation over time and then integrate the averaged orientation changes to yield the final shape] (Para 0089) in order to obtain a measurement without/less white noise being present (Para 0089) and a measurement without/less noise would improve patient outcomes by having a more accurate measurement.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the interpolating of Chopra and Averbuch with the average of Walker in order to obtain a measurement without/less white noise being present (Para 0089) and a measurement without/less noise would improve patient outcomes by having a more accurate measurement.
Claim 48/47/37: Chopra teaches wherein the interval of time corresponds to a cyclical anatomic movement [first and second time parameters, from the plurality of time parameters, corresponding to first and second anatomic states, respectively, are identified and stored. For example, the first anatomic state may be full inspiration and the second anatomic state may be full expiration] (Para 0052).
Claim 49/47/37: Chopra teaches wherein a portion of the interval of time occurs before detection of the data collection event [the sensor may begin and/or end tracking in response to a user command such as activation of a trigger deployable based upon motion of the user's hand or foot] (Para 0055).
Examiner’s Note: The claim limitation of “a portion of the interval of time” can be any amount of time no matter how small and processing takes time.
Claim 56/51: Chopra teaches wherein the plurality of points are captured over an interval of time [first and second time parameters, from the plurality of time parameters, corresponding to first and second anatomic states, respectively, are identified and stored. For example, the first anatomic state may be full inspiration and the second anatomic state may be full expiration] (Para 0052), and wherein adjusting the locations of the one or more points [respiratory phase cycle data may be used to adjust the airway motion model] (Para 0081) includes determining a location [respiratory phase cycle data provides information about the location of the moving lumens at various times during the respiration cycle] (Para 0080) of two or more points of the plurality of points [[the shape sensor may be interrogated at multiple discrete points P1-Pn along the instrument during the anatomical motion cycle to determine the pose of a set of points at each time interval] (Para 0053).
Chopra teaches interpolating points (Para 0071) but Chopra and Averbuch fail to teach determining an average location of two or more points of the plurality of points. However, Walker teaches determining an average location [one could average the positions and orientation over time in the global frame, or you could average incremental changes in orientation over time and then integrate the averaged orientation changes to yield the final shape] (Para 0089) of two or more points of the plurality of points [position data associated with the distal region of the elongate member 900 between the points 912 and 902] (Para 0088) in order to obtain a measurement without/less white noise being present (Para 0089) and a measurement without/less noise would improve patient outcomes by having a more accurate measurement.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the interpolating of Chopra and Averbuch with the average of Walker in order to obtain a measurement without/less white noise being present (Para 0089) and a measurement without/less noise would improve patient outcomes by having a more accurate measurement.
Response to Arguments
Applicant's arguments filed 10/31/2025 have been fully considered but they are not persuasive. The Applicant submitted proposed amendments with regard to the “match the plurality of points, including the one or more point with adjusted locations”. After further search and/or consideration, the Examiner contends that the Chopra in view of Averbuch reads on the new claim limitations and the rejection in amended in response.
The Applicant submitted arguments that the shape sensing optical fiber measuring bending caused by internal forces such as steering controls. The Examiner respectfully disagrees that the optical fiber sensing of the bending is ONLY caused by internal forces cause by steering. The passageways of patient are moving and the patient’s movement applied forces to the shape sensing optical fiber. Para 0038 of Chopra discloses how the shape sensing optical fiber can be use to determine a shape for the navigated passageways. What the Applicant is proposing (only internal forces being measured), would mean the shape sensing of the patient’s passageways would not be measured. The external forces of the passageways applies forces to change the shape of the optical fiber to give a shape and position during the movement of the patient. The argument is unconvincing.
The Applicant submitted arguments that in Claim 40 the adjustment of locations is not based on detected external forces. The Examiner respectfully disagrees. As discussed prior, the shape sensing optic fiber measures external forces so the adjusting of the locations (measure from internal and external forces) are based on the detected external force. The argument is unconvincing.
The Applicant submitted arguments that Averbuch fails to teach Claim 43. The Examiner respectfully disagrees. Claim 43 states, “sensor is located at a distance from a centerline of the elongated device”. In reviewing Figure 1, one can see that Element 120 which is the measured points of the LG path, is offset and at a distance from the centerline of Element 115. The argument is unconvincing.
The Applicant submitted arguments that Chopra fails to teach a delay and a periodic offset is not a delay. The Examiner respectfully disagrees. The movement commands of Chopra have a periodic offset to time the movement of the with the movement of the anatomy. So the user issues a command and the system of Chopra adds a delay to defer movement/operation until the device can minimize movement relative to the anatomy. The argument is unconvincing.
The rejection is deemed proper and is hereby maintained.
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.
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/Helene Bor/Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797