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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/22/2025 has been entered.
Response to Amendment
The Amendment filed 07/22/2025 has been entered. Claims 1-37 are pending in this application.
No Claims have been amended. Claims 3, 13, and 25 are cancelled. Claims 32- 37 are new.
Response to Arguments
Applicant's arguments filed 07/22/2025 have been fully considered but they are not persuasive
Main Argument (pages 10-11) under Independent Claims 1,11, and 21:
Independent claim 1 recites features that are neither disclosed nor suggested by the cited references, namely at least, "reconstruct a three-dimensional image of the detected vein based on the patient information and the processed captured image." Although not identical to claim 1, independent claims 11 and 21 recite similar elements, thus the explanation that follows also applies to those independent claims.
The Applicant respectfully traverses the Office's comments on at least pages 2-3 of the Office Action. Paragraphs [0032]- [0035] and [0038] of Long do not disclose at least the claimed feature of "reconstructing a three-dimensional image of the detected vein based on the patient information and the processed captured images." Paragraph [0032] of Long is relied upon to teach retrieving patient information (e.g., "receive patient data over the network"). However, to the extent Long discusses "patient information" in its disclosure, it is limited to the purpose of associating each captured image with the patient information (e.g., paragraph [0028] of Long teaches: "Each image may be associated with the time, date, location, and/or instrument with which the image was taken"). Associating patient specific information with an image does not amount to reconstructing a three-dimensional image based on the patient information.
Reply: The Examiner respectfully disagrees.
The Applicant asserts that Long (Prior Art of Record) does not disclose at least the claimed feature of "reconstructing a three-dimensional image of the detected vein based on the patient information and the processed captured images.". The Examiner respectfully disagrees. Long teaches assembling multiple images into a 3D representation, where the images are associated with patient information [0034]
The Applicant asserts that Long’s teachings in paragraph [0028] limit the patient’s information to “Each image may be associated with the time, date, location, and/or instrument with which the image was taken”. However, Long teaches the patient data include any imaged physiological data including the vascular systems. And the patient data include images of the anatomical structures including arteries and veins. Long further teaches the reconstruction of a three-dimensional representation of the anatomical structure utilizing patient images ([0008], [0034], and [0046]). Therefore Long teaches Reconstructing three-dimensional images based patient information.
Second Argument (pages 10-11) under Independent Claims 1,11, and 21:
Additionally, in describing the patient information, paragraph [0035] of Long clarifies in an example: "The patient records server 206B may be used to retrieve patent-specific information for associating with the images and/or viewing on the user device(s) 202. For example, the patient records server 206B may correspond to a server of the hospital or medical office where the patient has previously received or routinely receives medical treatment. Information received and/or transmitted by the patient records server 206B may include, but is not limited to, the patient's name, date of birth, age, contact information, general medical condition, prior surgeries and other medical events (including prior kidney stone incidence), physiological information (e.g., average blood pressure, average heart rate, etc.), and other patient-specific information that may be helpful to a physician in planning a PCNL procedure or other medical procedure." Thus, the Office has not identified a teaching that would have motivated one skilled in the art to reconstruct a 3D image of the vein based on the patient information and the process captured image, as recited in claim 1.
Reply: The Examiner respectfully disagrees.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, generating three-dimensional images of the anatomical structure allows the user to manipulate the 3D image to view different angles of needle insertions (Long [0046]). The 3D image helps plan the needle insertion position and decrease the number of attempts of needle insertion. Decreasing the number of attempts would in return would decrease collateral injury to blood vessels (Long [0005]). Therefore, it would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li to further add the construction of three-dimensional image of the anatomical structure as disclosed by Long to improve the efficacy and safety of minimally-invasive surgeries (Long [0005], and [0046]).
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
Claims 1, 2, 4, 6, 8, 11-12, 14, 16, 18, 21, 23 and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Ke-ke Chang (CN 107041729 A) (hereinafter Chang) further in view of Li Jiang (CN 111096796 A) (hereinafter Li) further in view of Jerry T. Long (US 20170193160 A1) (hereinafter Long):
Regarding Claim 1, Chang teaches a vein detection device (blood vessel image recognition [0012]) comprising:
a light source operating at a wavelength for penetrating skin of a patient (infrared light source (part number 13) [0011]; near infrared-to-infrared light penetrates skin [0005]);
a stereo camera operating at the wavelength (binocular near infrared imaging system [0009]);
a processor (processor (part number 15) [0012]) configured to:
control the light source to illuminate a region of the skin (the processor controls the infrared light source, the light sources lights the region of the skin [0012]),
control the stereo camera to capture an image in the illuminated region (the processor controls the camera imaging mechanism to capture images in the illuminated region [0014]),
process the captured image to detect a vein of the patient illuminated by the light source (blood vessel extraction unit that process the captured images, detecting the vein [0015]),
reconstruct a three-dimensional image of the detected vein (reconstructing of the 3D images of the vein [0017]).
Chang does not explicitly teach the following limitations; however, in an analogous art, Li teaches a communication interface configured to connect to a mobile device (a communication interface (USB) for transmitting and retrieving image data from the camera to an external computer (mobile device) [0040]);
transmit the three-dimensional image of the detected vein to the mobile device via the communication interface (the communication interface (USB) used to transmit image data to the mobile device [0040]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang to add the communication interface of Li to increase communication efficiency between subsystems (Li [0039]).
Li does not explicitly teach the following limitations; however, in an analogous art, Long teaches retrieve, via the communication interface, patient information associated with the patent from a medical server (a patient’s medical records server (part number 206B) that includes a processor that contains the patient’s information which is used to retrieve patient information [0032-0035]),
… based on the patient information and the processed captured image (the reconstruction of 3d images based on the patient information and processed captured images [0038]).
it would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li to further add the construction of three-dimensional image of the anatomical structure as disclosed by Long to improve the efficacy and safety of minimally-invasive surgeries (Long [0005], and [0046]).
Regarding Claim 2, Chang in view of Li and Long teach the vein detection device according to claim 1. Li further teaches an interchangeable adaptor for insertion into a port of the mobile device (the USB adaptor is interchangeable where it can be USB-micro, USB-C [0039]- [0040]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang to add the communication interface of Li to increase communication efficiency between subsystems (Li [0039]).
Regarding Claim 4, Chang in view of Li and Long teach the vein detection device according to claim 1. Long further teaches the processor is configured to instruct the server, via the communication interface, to store the reconstructed three-dimensional image of the detected vein (The storing of patient data, the patient data include the images [0032]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li to further add the storing of the patient data as disclosed by Long to improve access to patient data and improve the guidance on proper positioning of the insertion needle (Long [0030]).
Regarding Claim 6, Chang in view of Li and Long teach the vein detection device according to claim 1. Chang further teaches the operating wavelength of the light source and the stereo camera is in the near infrared (NIR) spectrum (The use of near infrared wavelength for the light source and the cameras [0005]).
Regarding Claim 8, Chang in view of Li and Long teach the vein detection device according to claim 1. Chang further teaches the processor is further configured to reconstruct a three-dimensional image of the detected vein by determining a region of interest (ROI) (the 3D reconstruction unit, that reconstructs an image of the vein which is in the ROI [0065]), extracting relevant vein features from the ROI (extracting blood vessel features from the images [0078]).
Chang does not explicitly teach the following limitations; however, in an analogous art, Li teaches performing 3D point cloud reconstruction of the relevant vein features (the generating of point cloud map of the blood vessel and obtain blood vessel information [0010] and [0034]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang to add the point cloud map to reconstruct the 3d model of the blood vessel as disclosed by Li to increase the accuracy of the needle puncture position (Li [0010]).
Regarding Claim 11, Chang teaches a vein detection method (blood vessel image recognition [0012]) comprising:
illuminating, by a light source, a region of skin of the patient, the light source operating at a wavelength for penetrating the skin of the patient (infrared light source (part number 13) [0011]; near infrared-to-infrared light penetrates skin [0005]);
capturing, by a stereo camera, an image in the illuminated region, the stereo camera operating at the wavelength (binocular near infrared imaging system [0009]; the cameras are used to capture the illuminated region [0005], [0109], and [0019]);
processing, by a processor, the captured image to detect a vein of the patient illuminated by the light source (blood vessel extraction unit that process the captured images, detecting the vein [0015]);
reconstructing, by the processor, a three-dimensional image of the detected vein (reconstructing of the 3D images of the vein [0017]);
Chang does not explicitly teach the following limitations; however, in an analogous art, Li teaches transmitting, by the processor, the three-dimensional image of the detected vein to the mobile device via a communication interface (the communication interface (USB) used to transmit and retrieve image data to the mobile device [0040]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang to add the communication interface of Li to increase communication efficiency between subsystems (Li [0039]).
Li does not explicitly teach the following limitations; however, in an analogous art, Long teaches
identifying the patient (a patient’s medical records server (part number 206B) that includes a processor that contains the patient’s information which is used to retrieve patient information and identifies the patient [0032-0035]);
retrieving, by the processor via the communication interface, patient information from a medical server (a patient’s medical records server (part number 206B) that includes a processor that contains the patient’s information which is used to retrieve patient information [0032-0035]); and
… based on the patient information and the processed captured image (the reconstruction of 3d images based on the patient information and processed captured images [0038]).
it would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li to further add the construction of three-dimensional image of the anatomical structure as disclosed by Long to improve the efficacy and safety of minimally-invasive surgeries (Long [0005], and [0046]).
Regarding Claim 12, Chang in view of Li and Long teach the vein detection method according to claim 11. Li further teaches communicating, by the processor to the mobile device, via an interchangeable adaptor inserted into a port of the mobile device (the USB adaptor is interchangeable where it can be USB-micro, USB-C [0039]- [0040]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang to add the communication interface of Li to increase communication efficiency between subsystems (Li [0039]).
Regarding Claim 14, Chang in view of Li and Long teach the vein detection method according to claim 11. Long further teaches instructing, by the processor via the communication interface, the server to store the reconstructed three-dimensional image of the detected vein (The storing of patient data, the patient data include the images [0032]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li to further add the storing of the patient data as disclosed by Long to improve access to patient data and improve the guidance on proper positioning of the insertion needle (Long [0030]).
Regarding Claim 16, Chang in view of Li and Long teach the vein detection method according to claim 11. Chang further teaches the operating wavelength of the light source and the stereo camera is in the near infrared (NIR) spectrum (The use of near infrared wavelength for the light source and the cameras [0005]).
Regarding Claim 18, Chang in view of Li and Long teach the vein detection method according to claim 11. Chang further teaches reconstructing, by the processor, the three-dimensional image of the detected vein by determining a region of interest (ROI) (the 3D reconstruction unit, that reconstructs an image of the vein which is in the ROI [0065]), extracting relevant vein features from the ROI (extracting blood vessel features from the images [0078]) …,
Chang does not explicitly teach the following limitations; however, in an analogous art, Li teaches performing 3D point cloud reconstruction of the relevant vein features (the generating of point cloud map of the blood vessel and obtain blood vessel information [0010] and [0034]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang to add the point cloud map to reconstruct the 3d model of the blood vessel as disclosed by Li to increase the accuracy of the needle puncture position (Li [0010]).
Regarding Claim 21, Chang teaches a method for displaying a suggested catheter insertion point (displaying the suggest insertion point [0073]), the method comprising (methods [0074]):
illuminating, by a light source, a region of skin of a patient, the light source operating at a wavelength for penetrating the skin of the patient (infrared light source (part number 13) [0011]; near infrared-to-infrared light penetrates skin [0005]);
capturing, by a stereo camera, an image in the illuminated region, the stereo camera operating at the wavelength (binocular near infrared imaging system [0009]; the cameras are used to capture the illuminated region [0005], [0109], and [0019]);
processing, by a processor, the captured image to detect a vein of the patient illuminated by the light source (blood vessel extraction unit that process the captured images, detecting the vein [0015]);
reconstructing, by the processor, a three-dimensional image of the detected vein (reconstructing of the 3D images of the vein [0017]) …;
displaying the suggested catheter insertion point on the three-dimensional image for guiding a user in the insertion of a catheter (locating the location of the insertion point from the three-dimensional blood vessel image [0042]; displaying the 3d image [0073]).
Chang does not explicitly teach the following limitations; however, in an analogous art, Li teaches displaying the three-dimensional image of the detected vein to a mobile device via a communication interface (displaying the 3D information of the detected vein including the images [0038]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang to add the communication interface of Li to increase communication efficiency between subsystems (Li [0039]).
Li does not explicitly teach the following limitations; however, in an analogous art, Long teaches …based on medical records of the patient and the processed captured image (the reconstruction of 3d images based on the patient information and processed captured images [0038]);
determining a suggested catheter insertion point based on the medical records of the patient and the processed captured image (the needle trajectory is determined by the user based on patient data, the patient data is based on medical records [0050]- [0052]).
it would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li to further add the construction of three-dimensional image of the anatomical structure as disclosed by Long to improve the efficacy and safety of minimally-invasive surgeries (Long [0005], and [0046]).
Regarding Claim 23, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 21. Long further teaches displaying a suggested catheter insertion angle for guiding a user in the insertion of the catheter (displaying the needle trajectory plan for the user [0050]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li to further add the needle trajectory as disclosed by Long to improve the efficacy and safety of minimally-invasive surgeries (Long [0020]).
Regarding Claim 26, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 21. Long further teaches recording the suggested catheter insertion point in medical records of the patient (the needle trajectory is recorded on the patient template (part number 700) [0052]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li to further add the needle trajectory as disclosed by Long to improve the efficacy and safety of minimally-invasive surgeries (Long [0020]).
Regarding Claim 27, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 21. Chang further teaches reconstructing, by the processor, the three-dimensional image of the detected vein by determining a region of interest (ROI) (the 3D reconstruction unit, that reconstructs an image of the vein which is in the ROI [0065]), extracting relevant vein features from the ROI (extracting blood vessel features from the images [0078]) …;
Chang does not explicitly teach the following limitations; however, in an analogous art, Li teaches performing 3D point cloud reconstruction of the relevant vein features (the generating of point cloud map of the blood vessel and obtain blood vessel information [0010] and [0034]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang to add the point cloud map to reconstruct the 3d model of the blood vessel as disclosed by Li to increase the accuracy of the needle puncture position (Li [0010]).
Claim 5, 15, 22, 33, and 35 are rejected under 35 U.S.C. 103 as being unpatentable Ke-ke Chang (CN 107041729 A) (hereinafter Chang) further in view of Li Jiang (CN 111096796 A) (hereinafter Li) further in view of Jerry T. Long (US 20170193160 A1) (hereinafter Long) further in view of Uzi Rahum (US 20140236019 A1) (hereinafter Uzi):
Regarding Claim 5, Chang in view of Li and Long teach the vein detection device according to claim 1. Chang further teaches the processor is further configured to select an insertion point for a catheter … based on physical characteristics of the detected vein in the three- dimensional image (the selection of the insertion point of the needle based on the characteristics of the vein [0042]), and transmit the selected insertion point to the mobile device (the insertion point is sent to the display device on the mobile device [0043]).
Chang does not explicitly teach the following limitations; however, in an analogous art, Uzi teaches…dimensions of the catheter (the selection of the size of the needle [0102]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the catheter dimensions selection as disclosed by Uzi to improve the rate of success of blood vessel intrusion (Uzi [0008]).
Regarding Claim 15, Chang in view of Li and Long teach the vein detection method according to claim 11. Chang further teaches selecting, by the processor, an insertion point for a catheter … based on physical characteristics of the detected vein in the three-dimensional image (the selection of the insertion point of the needle based on the characteristics of the vein [0042]); and
transmitting, by the processor via the communication interface, the selected insertion point to the mobile device (the insertion point is sent to the display device on the mobile device [0043]).
Chang does not explicitly teach the following limitations; however, in an analogous art, Uzi teaches …dimensions of the catheter (the selection of the size of the needle [0102]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the catheter dimensions selection as disclosed by Uzi to improve the rate of success of blood vessel intrusion (Uzi [0008]).
Regarding Claim 22, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 21; However, do not appear to explicitly teach displaying suggested catheter dimensions for guiding a user in the selection of the catheter.
However, in an analogous art, Uzi teaches displaying suggested catheter dimensions for guiding a user in the selection of the catheter (the selection of the size of the needle by the processor [0102]; displaying the information by the processor [0191], and [0091]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the catheter dimensions selection as disclosed by Uzi to improve the rate of success of blood vessel intrusion (Uzi [0008]).
Regarding Claim 33, Chang in view of Li and Long teach the vein detection device according to claim 1; However, do not explicitly teach the following limitations an indicator for marking a location of an insertion point for a catheter.
However, in an analogous art, Uzi teaches an indicator for marking a location of an insertion point for a catheter (an indicator marking the optimal point of insertion [0095]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the needle insertion’s location indicators as disclosed by Uzi to improve the rate of success of blood vessel intrusion (Uzi [0008]).
Regarding Claim 35, Chang in view of Li and Long teach the vein detection device according to claim 33. Chang further teaches the processor is further configured to select the insertion point for the catheter … based on physical characteristics of the detected vein in the three-dimensional image (the selection of the insertion point of the needle based on the characteristics of the vein [0042]), and transmit the selected insertion point to the mobile device (the insertion point is sent to the display device on the mobile device [0043]).
Chang does not explicitly teach the following limitations; however, in an analogous art, Uzi teaches…dimensions of the catheter (the selection of the size of the needle [0102]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the catheter dimensions selection as disclosed by Uzi to improve the rate of success of blood vessel intrusion (Uzi [0008]).
Claims 7, 17, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Ke-ke Chang (CN 107041729 A) (hereinafter Chang) further in view of Li Jiang (CN 111096796 A) (hereinafter Li) further in view of Jerry T. Long (US 20170193160 A1) (hereinafter Long) further in view of Fred Wood (US 20110125028 A1) (hereinafter Wood):
Regarding Claim 7, Chang in view of Li and Long teach the vein detection device according to claim 1. However, do not appear to explicitly teach the processor is further configured to instruct a user of the vein detection device to adjust an orientation of the vein detection device while capturing the image.
However, in an analogous art, Wood teaches the processor (processor [0112]) is further configured to instruct a user of the vein detection device to adjust an orientation of the vein detection device while capturing the image (the device instructs the user to adjust the orientation and position of the device (505), and (506) [0102]- [0103], and [0098]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the user instruction to adjust the vein detection as disclosed by Wood to improve the detection of the vein position (Wood [0003]).
Regarding Claim 17, Chang in view of Li and Long teach the vein detection method according to claim 11; However, do not appear to explicitly teach instructing, by the processor, a user of the vein detection device to adjust an orientation of the vein detection device while capturing the image.
However, in an analogous art, Wood teaches instructing, by the processor (processor [0112]), a user of the vein detection device to adjust an orientation of the vein detection device while capturing the image (the device instructs the user to adjust the orientation and position of the device (505), and (506) [0102]- [0103], and [0098]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the user instruction to adjust the vein detection as disclosed by Wood to improve the detection of the vein position (Wood [0003]).
Regarding Claim 24, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 2; However, do not appear to explicitly teach instructing the user to adjust an orientation of the vein detection device while capturing the image.
However, in an analogous art, Wood teaches instructing the user to adjust an orientation of the vein detection device while capturing the image (The user is able to adjust the device based on the image information to better capture the images of the vein [0072-0074], and [0158]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the user instruction to adjust the vein detection as disclosed by Wood to improve the detection of the vein position (Wood [0003]).
Claims 9, 19, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Ke-ke Chang (CN 107041729 A) (hereinafter Chang) further in view of Li Jiang (CN 111096796 A) (hereinafter Li) further in view of Jerry T. Long (US 20170193160 A1) (hereinafter Long) further in view of Shankar Mosur Venkatesan (US 20200202517 A1) (hereinafter Mosur):
Regarding Claim 9, Chang in view of Li and Long teach the vein detection device according to claim 1. However, do not appear to explicitly teach the mobile device is a smartphone.
However, in an analogous art, Mosur teaches the mobile device is a smartphone (a mobile device as a smartphone [0091]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the usage of the smartphone system as disclosed by Mosur to decrease the cost of vein imagers (Mosur [0004]).
Regarding Claim 19, Chang in view of Li and Long teach the vein detection method according to claim 11; however, do not appear to explicitly teach the mobile device is a smartphone.
However, in an analogous art, Mosur teaches the mobile device is a smartphone (a mobile device as a smartphone [0091]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the usage of the smartphone system as disclosed by Mosur to decrease the cost of vein imagers (Mosur [0004]).
Regarding Claim 30, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 21; however, do not appear to explicitly teach the mobile device is a smartphone.
However, in an analogous art, Mosur teaches the mobile device is a smartphone (a mobile device as a smartphone [0091]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the usage of the smartphone system as disclosed by Mosur to decrease the cost of vein imagers (Mosur [0004]).
Claims 10, 20, 28, 29, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Ke-ke Chang (CN 107041729 A) (hereinafter Chang) further in view of Li Jiang (CN 111096796 A) (hereinafter Li) further in view of Jerry T. Long (US 20170193160 A1) (hereinafter Long) further in view of Richard J. Harris (US 20120190981 A1) (hereinafter Harris):
Regarding Claim 10, Chang in view of Li and Long teach the vein detection device according to claim 1; however, do not appear to explicitly teach wherein the vein detection device or the mobile device is configured to capture an image of a code on a packaging of a catheter device, on a medication label, on a patient's medical charts or on a patient's wrist band, and
wherein the mobile device is configured to use the code to retrieve information relating to at least one of the patient, the catheter device, and the medication.
However, in an analogous art, Harris teaches wherein the vein detection device or the mobile device is configured to capture an image of a code on a packaging of a catheter device, on a medication label, on a patient's medical charts or on a patient's wrist band (the scanning of a barcode that is on a patient’s bracelet and outside of medical devices [0045] and [0100]), and
wherein the mobile device is configured to use the code to retrieve information relating to at least one of the patient, the catheter device, and the medication (the barcode is used to a link to a database for accessing and recording patient data during the procedure [0100]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the barcode scanning to identify devices and patient information as disclosed by Harris to improve the vein identification procedure (Harris [0045]).
Regarding Claim 20, Chang in view of Li and Long teach the vein detection method according to claim 11; however, do not appear to explicitly teach capturing, by the processor or the mobile device, an image of a code on a packaging of the catheter, on a medication label, on a patient's medical charts or on a patient's wrist band; and
retrieving, by the mobile device using the code, information relating to at least one of the patient, the catheter, and the medication.
However, in an analogous art, Harris teaches capturing, by the processor or the mobile device, an image of a code on a packaging of the catheter, on a medication label, on a patient's medical charts or on a patient's wrist band (the scanning of a barcode that is on a patient’s bracelet and outside of medical devices [0045] and [0100]); and
retrieving, by the mobile device using the code, information relating to at least one of the patient, the catheter, and the medication (the barcode is used to a link to a database for accessing and recording patient data during the procedure [0100]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the barcode scanning to identify devices and patient information as disclosed by Harris to improve the vein identification procedure (Harris [0045]).
Regarding Claim 28, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 21; however, do not appear to explicitly teach scanning an image of a barcode or QR code associated with the patient to identify the patient.
However, in an analogous art, Harris teaches scanning an image of a barcode or QR code associated with the patient to identify the patient (the scanning of a barcode that is on a patient’s bracelet and outside of medical devices [0045] and [0100]; the barcode is used to a link to a database for accessing and recording patient data during the procedure),
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the barcode scanning to identify devices and patient information as disclosed by Harris to improve the vein identification procedure (Harris [0045]).
Regarding Claim 29, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 2; however, do not appear to explicitly teach retrieving patient care information for the patient.
However, in an analogous art, Harris teaches retrieving patient care information for the patient (retrieving patient information. The patient information includes the past medical history and current treatment which are part of patient care [0028], and [0035]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the barcode scanning to identify devices and patient information as disclosed by Harris to improve the vein identification procedure (Harris [0045]).
Regarding Claim 31, Chang in view of Li and Long teach the method for displaying a suggested catheter insertion point according to claim 21; however, do not appear to explicitly teach capturing, by the processor or the mobile device, an image of a code on a packaging of the catheter, on a medication label, on a patient's medical charts or on a patient's wrist band; and
retrieving, by the mobile device using the code, information relating to at least one of the patient, the catheter, and the medication.
However, in an analogous art, Harris teaches capturing, by the processor or the mobile device, an image of a code on a packaging of the catheter, on a medication label, on a patient's medical charts or on a patient's wrist band (the scanning of a barcode that is on a patient’s bracelet and outside of medical devices [0045] and [0100]); and
retrieving, by the mobile device using the code, information relating to at least one of the patient, the catheter, and the medication (the barcode is used to a link to a database for accessing and recording patient data during the procedure [0100]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the barcode scanning to identify devices and patient information as disclosed by Harris to improve the vein identification procedure (Harris [0045]).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Ke-ke Chang (CN 107041729 A) (hereinafter Chang) further in view of Li Jiang (CN 111096796 A) (hereinafter Li) further in view of Jerry T. Long (US 20170193160 A1) (hereinafter Long) further in view of Yuri Haverman (US 20180140784 A1) (hereinafter Haverman):
Regarding Claim 32, Chang in view of Li and Long teach the vein detection device according to claim 1; however, do not appear to explicitly teach patient information comprises age, weight, prior injection site results, prior injection site recommendations, or a combination thereof.
However, in an analogous art, Haverman teaches patient information comprises age, weight, prior injection site results, prior injection site recommendations, or a combination thereof (the patient information include the age, weight, and prior injection sites [0012], [0013], [0016] and [0033]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li and Long to further add the patient demographics and history as disclosed by Haverman to decrease diagnostic errors (Haverman [0015]).
Claim 34, 36, and 37 is rejected under 35 U.S.C. 103 as being unpatentable Ke-ke Chang (CN 107041729 A) (hereinafter Chang) further in view of Li Jiang (CN 111096796 A) (hereinafter Li) further in view of Jerry T. Long (US 20170193160 A1) (hereinafter Long) further in view of Uzi Rahum (US 20140236019 A1) (hereinafter Uzi) further in view of Ron Goldman (US 20140024952 A1) (hereinafter Goldman):
Regarding Claim 34, Chang in view of Li, Long, and Uzi teach the vein detection device according to claim 33; however, do not appear to explicitly teach the indicator comprises an arrow or an opening.
However, in an analogous art, Goldman teaches the indicator comprises an arrow or an opening (the indicators are arrows that help guide [0059]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li, Long and Uzi to further add the symbolical guidance as disclosed by Goldman to improve the accuracy of practitioner to the center of the vein (Goldman [0059]).
Regarding Claim 36, Chang in view of Li, Long and Uzi teach the vein detection device according to claim 35. Chang further teaches wherein the processor is configured to transmit instructions to the mobile device (the insertion point is sent to the display device on the mobile device [0043]).
Chang does not explicitly teach the following limitations; however, in an analogous art Goldman the instructions comprising aligning the indicator with the selected insertion point (the instructions guide the user to the proper position [0059]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li, Long and Uzi to further add the symbolical guidance as disclosed by Goldman to improve the accuracy of practitioner to the center of the vein (Goldman [0059]).
Regarding Claim 37, Chang in view of Li, Long, Uzi, and Goldman teach the vein detection device according to claim 36. Goldman further teaches wherein aligning the indicator with the selected insertion point permits the caregiver to insert the catheter at the marked insertion point while the vein detection device is positioned on the patient's skin (guiding the practitioner to the proper position while the device is positions on the patient’s skin [0059]).
It would have been obvious to the person having ordinary skill in the art before the effective filling date of the claimed invention to modify the blood vessel imaging and identification system as disclosed by Chang in view of Li, Long and Uzi to further add the symbolical guidance as disclosed by Goldman to improve the accuracy of practitioner to the center of the vein (Goldman [0059]).
Conclusion
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/MAHMOUD KAMAL ABOUZAHRA/ Examiner, Art Unit 2486
/Justin W Rider/ Primary Patent Examiner, Art Unit 2486