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 .
Applicant’s Response
In Applicant’s Response dated 9/16/25, the Applicant argued the claims previously rejected in the Office Action dated 6/16/25.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vertikov, United States Patent Publication 20140275986.
Claim 1:
Vertikov discloses:
A system for depicting a depth of view (DOV) in an image comprising:
a catheter including a first sensor configured for navigation in a luminal network and an optical sensor for generating an image (see paragraph [0053]). Vertikov teaches the catheter having a navigation sensor and an optical sensory to generate an image based on a luminal network;
a tool including a second sensor configured to pass through a working channel in the catheter (see paragraph [0053]). Vertikov teaches a guide sheath is inserted first through the working channel of the endoscope and navigated to the lumen of interest by means of a navigational steerable catheter with an integrated electro-magnetic (EM) position sensor;
a locating module configured to detect a position of the catheter and the tool (see paragraph [0053]). Vertikov teaches determining a position of the catheter and the tool; and
an application stored on a computer readable memory and configured, when executed by a processor to execute the steps of:
registering data received from the first or second sensor with an image data set (see paragraph [0053]). Vertikov teaches registering data from the sensors with the image data;
analyzing an image data set to determine a diameter of a luminal network proximate the second sensor (see paragraph [0017]). Vertikov teaches analyzing image data to determine measurements such as a diameter between sensors; and
displaying the image generated by the optical sensor in combination with an indicator of a relative position of the catheter and tool and an indicator of a position of a distal portion of the tool relative to a luminal wall of the luminal network (see paragraph [0015], [0016], [0051] and [0053]). Vertikov teaches rendering images generated by displaying the positions of the catheter and tool based on the wall.
Claim 2:
Vertikov discloses:
wherein the application executes a step of displaying distance of a closest point of the distal portion of the tool relative to the luminal wall (see paragraph [0102]). Vertikov teaches determining and displaying the closest point of the distal portion of the tool near the wall.
Claim 3:
Vertikov discloses:
wherein the application executes a step of displaying at least two orthogonally measured distances of the distal portion of the tool relative to the luminal wall (see paragraph [0057]). Vertikov teaches displaying two orthogonally measured distances. Fabricate at least one slot or array of slots perpendicular to the axis of the probe in the walls of the outer sheath. The slots may have width and spacing between then substantially equal to the thickness of the outer sheath and the depth substantially equal to half of the outer sheath diameter.
Claim 4:
Vertikov discloses:
wherein the image data set is a pre-procedure image data set (see paragraph [0084]). Vertikov teaches In case when the procedure has been already performed on the patient, the previously mapped route and its labels can be used.
Claim 5:
Vertikov discloses:
wherein the image data set is an intraprocedure image data set (see paragraph [0012]). Vertikov teaches image are during the procedure.
Claim 6:
Vertikov discloses:
wherein the intraprocedure image data set is received from a fluoroscope (see paragraph [0053]). Vertikov teaches the intraprocedure image data is received from a fluoroscope.
Claim 7:
Vertikov discloses:
wherein the sensor located in the catheter and in the tool are electromagnetic sensors (see paragraph [0062]). Vertikov teaches use of the discussed elements and methods in combination with fluoroscopic and/or electromagnetic (EM) position sensors for gross identification of the absolute position of the distal end of the probe system remains within the scope of the present invention.
Claim 8:
Vertikov discloses:
wherein the sensor located in the catheter and in the tool are inertial measurement units (see paragraphs abstract, [0016] and [0017]). Vertikov teaches measurements such as volume, orientation and angular.
Claim 9:
Vertikov discloses:
wherein the sensor located in the catheter and in the tool are shape sensors (see paragraph [0056]). Vertikov teaches a plurality of different shapes for the tool.
Claim 10:
Vertikov discloses:
wherein the sensor located in the catheter and in the tool are ultrasound sensors (see paragraphs [0063]-[0068]). Vertikov teaches using ultrasound sensors.
Claims 11-15, 18-20:
Although Claims 11-15, 18-20 are method claims, they are interpreted and rejected for the same reasons as the system of Claims 1-9.
Claim 16:
Vertikov discloses:
wherein the position of the catheter is determined from data received from a sensor located in the catheter (see paragraph [0053]). Vertikov teaches determining position from the catheter sensor.
Claim 17:
Vertikov discloses:
wherein the position of the tool is determined from data received from a sensor located in the tool (see paragraphs [0053] and [0054]). Vertikov teaches determining position from the tool sensor.
Response to Arguments
Applicant's arguments filed 9/16/25 have been fully considered but they are not persuasive.
Rejection under 35 USC 102
Applicant argues None of the identified passages - or any other portion of Vertikov’s disclosure — teaches or suggests “displaying the image generated by the optical sensor in combination with an indicator of a relative position of the catheter and tool and an indicator of a position of a distal portion of the tool.”
The Examiner disagrees.
Vertikov teaches rendering images generated by displaying the positions of the catheter and tool based on the wall (see paragraph [0015], [0016] and [0053]). Vertikov recites “the rendering represents positioning of the distal end in registration to a patient's body” and “the rendering may represent geometrical identifiers associated with the branching point, where at least one of the geometrical identifiers is determined by repositioning of the probe away from the bifurcation point” (see paragraph [0015]). Vertikov also recites “navigational steerable catheter with an integrated electro-magnetic (EM) position sensor. The EM sensor allows using EM navigation and/or virtual endoscopy to deliver the edge of the guide sheath to the region of interest.” (see paragraph [0053]). Lastly, Vertikov recites “using the high-resolution imaging capability of the probe 50 of FIG. 1 for navigational guidance, and combining such imaging capability with the probe's own, internally contained steerable means are advantageous in reaching smaller and more peripheral lumens. Moreover, endoscopic guidance, EM navigated guidance and imaging probe's own guidance means can be advantageously combined, whether concurrently or sequentially, to reach small peripheral lumens” (see paragraph [0054]). Thus, Vertikov teaches rendering images generated by the sensor in combination with indicator of the position of the catheter and the distal end of the tool to provide navigational guidance during surgery.
The Examiner suggests further limiting the claim to differentiate the claims from the prior art. The claims are written broadly and Vertikov reads on the limitation of the claimed invention.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIONNA M BURKE whose telephone number is (571)270-7259. The examiner can normally be reached M-F 8a-4p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Hong can be reached at (571)272-4124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIONNA M BURKE/Examiner, Art Unit 2178 11/25/25
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
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