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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
1. 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 1-7, 10-12, 19, 22 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Yared et al. (US 9,199,082 (provided in the IDS)), in view of Caruso et al. (US 2020/0107596) and further in view of Lu et al. (US 2015/0011900).
Addressing claim 1, Yared discloses a medical system, comprising:
a temperature scanning device configured to provide temperature data based on temperature variations of a skin surface extending across a subcutaneous target area of a patient body (see Fig. 1, col.8, lines 37-63 and col. 9, lines 28-46; infrared imaging distinguishes temperature variations at the target);
a console configured to communicate with the temperature scanning device, the console including one or more processors and a non-transitory computer- readable medium having stored thereon logic that, when executed by the one or more processors, causes operations including: obtaining the temperature data across the skin surface of the target area, wherein a cause of the temperature variations across the skin surface across the target area include blood temperature within the blood vessel with respect to a body tissue temperature adjacent the blood vessel (see col. 6, lines 44-61, col. 8, lines 37-63, col. 9, lines 28-46 and Fig. 1; the computer is the console and the computer has non-transitory computer-readable medium; display of a color scale for temperature and identification/mapping of blood vessels based on imaged temperature variations).
Yared does not disclose a temperature source configured to define a lower blood temperature within a blood vessel extending along the target area via contact of the temperature source with at least a palm of a hand and the lowered blood temperature is caused at least partially by the temperature source. Caruso discloses a temperature source configured to define a lower blood temperature within a blood vessel extending along the target area via contact of the temperature source with at least a palm of a hand (see [0016]; cool the palm also cool the blood vessel within the palm; the cool blood vessel in the palm lower the temperature of the blood vessel in the forearm) and the lowered blood temperature is caused at least partially by the temperature source (see [0010] and [0017-0018]; the cooling pad help heat transfer therefore lower temperature of skin, tissue and blood vessel at the palm). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yared to have a temperature source configured to define a lower blood temperature within a blood vessel extending along the target area via contact of the temperature source with at least a palm of a hand and the lowered blood temperature is caused at least partially by the temperature source as taught by Caruso because this help treat patient (see [0016]; cooling improved exercise performance and produced lower blood lactate and heart rate values).
Yared also does not disclose target temperature monitoring area is a forearm. Yared’s device could target any places in the body. This only require routine skill in the art. Lu discloses target temperature monitoring area is a forearm (see [0023] and Fig. 8; temperature sensors to measure temperature in the forearm to detect artery). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yared to target temperature monitoring in the forearm as taught by Lu because this help identify artery in the hand (see [0023]).
4. Addressing claims 2-7, 19, 22 and 25, Yared discloses:
addressing claim 2, wherein the operations further include providing an indication to the clinician based on the temperature data (see Fig. 1 and col. 9, lines 28-46; indicate blood vessel in the thermal image; indicate temperature variation in different region in Fig. 1).
addressing claim 3, wherein the operations further include: converting the temperature data into thermal image data, and providing a thermal image to the clinician based on the thermal image data (see col. 9, lines 28-46).
addressing claim 4, wherein the thermal image includes a mapping of the blood vessels within the target area (see Fig. 1, col. 7, lines 40-61, col, 8, lines 37-63 and col. 9, lines 28-46).
addressing claim 5, wherein providing the thermal image includes providing a live thermal image (see col, 8, lines 37-63; concurrent images are live images).
addressing claim 6, wherein providing the thermal image includes providing a thermal image snapshot (see Fig. 3 and col. 9, lines 28-46).
addressing claim 7, wherein providing the thermal image includes portraying the thermal image on a display of the system (see col. 9, lines 28-46 and Fig. 1).
addressing claim 22, an ultrasound probe coupled with the console, the ultrasound probe configured to obtain an ultrasound image of the target area (see col. 9, lines 16-27).
addressing claim 25, wherein the temperature scanning device is a hand-held device (see Fig. 3 and col. 9, lines 16-27; catheter and camera could be hand-held).
Addressing claims 10-12, Caruso discloses:
wherein: the lowered blood temperature is defined by placing the temperature source in contact with a target contact area of the patient, and the target contact area is located upstream with respect to a blood flow within the blood vessel (see abstract and [0016]; claim 1 claim the temperature source is in the hand/palm; examiner consider the hand/palm is located upstream with respect to a blood flow within the blood vessel).
where the temperature source is a cold pack (see [0016]; cooling glove).
wherein the temperature source is a thermal contact pad of a targeted temperature management system (see [0016] and Fig. 7; replacing cooling agent to manage temperature).
5. Claims 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yared et al. (US 9,199,082 (provided in the IDS)), in view of Caruso et al. (US 2020/0107596), further in view of Lu et al. (US 2015/0011900) and Lee et al. (US 2016/0113517).
Addressing claims 17-18 and 20, Yared does not disclose wherein the console is included within a housing of the temperature scanning device wherein a display of the system is included within the housing of the temperature scanning device and wherein the camera is included within the housing of the temperature scanning device. In the same field of endeavor, Lee discloses wherein the console is included within a housing of the temperature scanning device wherein a display of the system is included within the housing of the temperature scanning device and wherein the camera is included within the housing of the temperature scanning device (see abstract, Figs. 1- and 2; cell phone with button or touch screen is console; the image sensing module and camera is within the console/cell phone housing; the cell phone is the temperature scanning device with console, display and camera). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yared to have wherein the console is included within a housing of the temperature scanning device wherein a display of the system is included within the housing of the temperature scanning device and wherein the camera is included within the housing of the temperature scanning device as taught by Lee because this provide efficient, convenient, portable and lower cost to a medical device (see [0008]; user could use smart phone to measure temperature, take pictures and perform diagnostic instead of using a bulky device in the lab).
Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Yared et al. (US 9,199,082 (provided in the IDS)), in view of Caruso et al. (US 2020/0107596), further in view of Lu et al. (US 2015/0011900) and Kim et al. (US 2018/0333135).
Addressing claims 21 and 23, Yared does not disclose wherein the operations further include: obtaining the camera image of the target area; and providing the thermal image superimposed atop the camera image; wherein the operations further include: obtaining an ultrasound image of the target area; and providing the thermal image superimposed atop the ultrasound image. Using ultrasound, thermal and camera to image a target and superimpose the images is well-known in the field. Kim explicitly discloses wherein the operations further include: obtaining a camera image of the target area; and providing the thermal image superimposed atop the camera image; wherein the operations further include: obtaining an ultrasound image of the target area; and providing the thermal image superimposed atop the ultrasound image (see [0004-0006]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yared to have the images superimpose on each other as taught by Kim because this enables a better view and tracking of the target site.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Yared et al. (US 9,199,082 (provided in the IDS)), in view of Caruso et al. (US 2020/0107596), further in view of Lu et al. (US 2015/0011900) and Barth et al. (US 2021/0146167).
Addressing claim 24, Yared does not discloses wherein the temperature source is integrated into the ultrasound probe. Barthe discloses wherein the temperature source is integrated into the ultrasound probe (see Fig. 11 and [0046]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yared to have wherein the temperature source is integrated into the ultrasound probe as taught by Barthe because conveniently help cool the probe and the target tissue (see [0046]).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Yared et al. (US 9,199,082 (provided in the IDS)), in view of Caruso et al. (US 2020/0107596), further in view of Lu et al. (US 2015/0011900), Min (US 2021/0373602) and Lampe et al. (US 2023/0048327).
Addressing claim 26, Yared does not disclose an augmented reality device, wherein: the temperature scanning device is coupled with the augmented reality device; and an augmented reality image of the target area includes a mapping of the blood vessels overlayed onto a view of the target area. Min discloses an augmented reality device, wherein: the temperature scanning device is coupled with the augmented reality device (see Figs. 2, 8, [0002], [0221] and [0874-0875]; virtual/augmented reality device using cell phone 10 with integrated/couple infrared camera 16; infrared camera is the temperature scanning device). Lampe discloses an augmented reality image of the target area includes a mapping of the blood vessels overlayed onto a view of the target area (see [0007] and [0318]; blood vessel overlay on the image of the patient body/target). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yared to have an augmented reality device, wherein: the temperature scanning device is coupled with the augmented reality device; and an augmented reality image of the target area includes a mapping of the blood vessels overlayed onto a view of the target area as taught by Min and Lampe because this help viewer see and detect object/thing better (see Min’s paragraph [0875]; detect and see fire, detect an increase of temperature; see Lampe’s paragraph [0318]; help viewer see blood vessel on the patient body to guide placement of sensor or medical device on the patient).
Response to Arguments
Applicant’s arguments with respect to claims 1-7, 10-12 and 17-26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Due to claim amendment that define the target area as the forearm of the patient body therefore examiner withdrawn 112 rejection. The blood would not be lower than the surrounding tissue in the hand when a cold pack is in a palm of a hand. However, the blood would have a lower temperature than the surround tissue of the blood vessel in the forearm.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0233346 (see [0083] and Fig. 21; cool palm and hand) and US 2003/0109910 (see [0006]; cool palm and hand).
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 HIEN NGOC NGUYEN whose telephone number is (571)270-7031. The examiner can normally be reached Monday-Thursday 8:30am-6:30pm.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
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