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 with traverse of claims 2-23 in the reply filed on 12/19/2025 is acknowledged. The traversal is on the ground(s) that the search and examination of all currently pending claims would not pose an undue burden on the Examiner. This is not found persuasive because Group I and II are directed towards different classification areas with Group II being directed to method of manufacturing technology area.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 2-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heaton, II et al. (USPN 9,339,221-Cited by the Applicant).
Regarding claim 2, an optoelectronic system, comprising: an optoelectronic probe operably attached to a target region of a subject (catheter in figures 3 and 9); and an electronic module coupled with the optoelectronic probe for wireless, real-time, and continuous measurements of physiological information of the subject (console 306, figures 3 and 9), wherein the optoelectronic probe comprises a low modulus, flexible catheter with a probe tip comprising an optoelectronic sensor mounted onto a flexible printed circuit board in a geometry of a narrow, thin strip that detachably and electrically connects to the electronic module (See entire description of figures 3 and 9).
Regarding claim 3, the narrow, thin strip has a width in a range of about 0.5-2 mm, a thickness in a range of about 50-180 µm, and a length in a range of about 5-20 mm (Col.2 lines 36-44, figures 3 and 9, Col.10 lines 3-44).
Regarding claim 4, a flexible substrate and conductive traces, pads and outline defined on the flexible substrate (figures 3 and 9, Col.10 lines 3-44).
Regarding claim 5, the flexible substrate is formed of a flexible material (figures 3 and 9, Col.10 lines 3-44, Col.11 lines 4-10).
Regarding claim 6, the optoelectronic sensor comprises optical stimulation and sensing components, and optical blocking modules (Col.11 lines 11-44).
Regarding claim 7, the optical stimulation and sensing components comprise at least two light-emitting diodes (LEDs) and at least one photodiode (PD) ((Col.11 lines 11-44), figures 4-5).
Regarding claim 8, the at least two LEDs and the at least one PD are surface mount electronic components that are placed and attached onto the fPCB using reflow soldering ((Col.11 lines 11-44), figures 4-5).
Regarding claim 9, the at least two LEDs comprises a red LED with a peak emission wavelength in a range of about 600-700 nm and an infrared LED with a peak emission wavelength in a range of about 850-1050 nm (Col.2 lines 10-25).
Regarding claim 10, the optoelectronic probe further comprises one or more LEDs with peak emission wavelengths different from that of the red LED and the IR LED for additional measurement capabilities (Col.2 lines 10-25).
Regarding claim 11, the optical stimulation and sensing components are arranged in a lateral configuration such that the LEDs have divergent and lateral emission features that maximize light-tissue coupling for a range of implantation sites including blood vessel and cardiac tissue (figures 4-5).
Regarding claim 12, the at least two LEDs are positioned laterally to a long axis of the probe (figures 4-5).
Regarding claim 13, the PD is positioned to be equidistant to the two LEDs at a distance selected to balance sensing depth, probing volume, and signal to noise ratio (Col.2 lines 10-65).
Regarding claim 14, the probe volume and probe depth are operably adjusted through control over of light intensity of the LEDs and the distance between the LEDs and PD, to allow optimization for measurements of localized tissue oximetry on different sites of interest (Col.2 lines 10-65).
Regarding claim 15, the distance is in a range of about 1-3 mm (Col.2 lines 10-65).
Regarding claim 16, the optical blocking modules comprise at least two light-blocking structures for eliminating parasitic transmission of light from the LEDs directly to the PD without passing through surrounding tissues of interest (Col.2 lines 10-65).
Regarding claim 17, at least two light-blocking structures comprise two opaque silicone-based cuboid structures (Col.10 lines 3-44, Col.11 lines 4-10).
Regarding claim 18, one of the light-blocking structures is positioned between the PD and one side of the LEDs, and the other of the light-blocking structures is positioned at the probe tip close to the other side of the LEDs (Col.10 lines 3-44, Col.11 lines 4-10).
Regarding claim 19, a small plug-in connector serves as an electrical interface between the optoelectronic probe and the electronic module and allows battery recharge using a wired interface (figures 3 and 9).
Regarding claim 20, a medical-grade, biocompatible silicone fully encapsulates the optoelectronic probe to define the low modulus, flexible catheter having a cylindrical shape and smooth surface that facilitates surgical manipulation and insertion (Col.10 lines 3-44, Col.11 lines 4-10).
Regarding claim 21, the low modulus, flexible catheter has a diameter in a range of about 0.5-2 mm (Col.2 lines 36-44, figures 3 and 9, Col.10 lines 3-44).
Regarding claim 22, the optoelectronic probe is a catheter-type oximetry sensor (Col.2 lines 36-44, figures 3 and 9, Col.10 lines 3-44).
Regarding claim 23, the optoelectronic probe further comprises sensors for measuring pressure and flow, and/or means for drug delivery (Col.2 lines 36-44, figures 3 and 9, Col.10 lines 3-44).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791