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 .
Response to Amendment
The amendment of 11/05/2025 has been entered and fully considered by the examiner. Claims 1, 7, 11, and 16 have been amended. Claim 6 has been canceled. Claims 1-5 and 7-19 are pending in the application with claims 1, 11, and 16 being independent.
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.
Claims 1-4, 11-13, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Matthews et al. (WO Publication NO. 2014/064463) hereinafter “Matthews”, Zmood (WO 2009/003231) hereinafter “Zmood”, and Steddin (U.S. Patent No. 6,506,050) hereinafter “Steddin”.
Regarding claim 1, Matthews discloses a system for radio-frequency-based location determination [see abstract od Matthews], the system comprising:
a control device [detection unit 200; see FIG. 3] including a processor [signal processor 206; see FIG. 3 and page 11, second paragraph] and a memory [memory device 207; see FIG. 3 and page 11, second paragraph], wherein the memory comprises a non-transitory computer readable medium [memory device 207; see FIG. 3], wherein storing instructions that when executed by the processor cause the processor to perform a method for location determination [see claim 1 of Matthews] including
generating transmission instructions from the control device and analyzing received data received by the control device; [see page 11, third-fourth paragraph of Matthews]
a radio frequency transceiver [antenna 260; see FIG. 3 and page 11, lines 1-2], in communication with the control device,[see page 11, paragraph 4-5] the radio frequency transceiver configured to emit a radio frequency signal at a respective frequency value responsive to the transmission instructions from the control device; and [see page 11, paragraph 4]
at least one active beacon, [RF tag 100; see FIG. 1] the at least one active beacon configured to transmit a modified radio frequency signal at a respective beacon frequency value responsive to receipt of the radio frequency signal from any of the plurality of radio frequency transceivers at any of the respective frequency values, the respective beacon frequency value being shifted by a first amount from the respective frequency value of the radio frequency signal received at the active beacon; [see page 12, lines 3-13 and page 13, lines 27-page 14, line 4 disclosing that the tag would apply a false Doppler shift to the received RF signal]
wherein the radio frequency transceivers is configured to send the received data to the control device responsive to receipt of the modified radio frequency signal from the at least one active beacon; the received data including data based on the modified radio frequency signal; ,[see page 11, second paragraph of Matthews] wherein the control device including the processor and the memory is configured to determine a location of the at least one active beacon based upon the transmission instructions and the received data; [see page 15, lines 14-20; the detection unit can determine the range of the tag (approximate location in 3D space) could be calculated based on signal transit time]
Matthews does not expressly disclose that there is more than one transceiver in the system and further that system is used in a draped environment. wherein the draped environment comprises draping material between at least one of the plurality of radio frequency transceivers and the at least one active beacon; wherein the draping material, each of the respective frequency values, and each of the respective beacon frequency values are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals; and wherein each of the plurality of radio frequency transceivers are in a fixed spatial relationship to each other and wherein the draped environment is a surgical environment; wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment; wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment
Malackowski, directed towards localization of parts suing tags in surgery [see abstract of Malackowski] further discloses a plurality of transceivers transmitting of the initial transmitted signals each at a different frequency [see [0106]-[0107] discloses signal generators 222,-226 each generating a signal at a different frequency] wherein each of the plurality of radio frequency transceivers are in a fixed spatial relationship to each other.[ the three generators 222, 224, and 226 are pre-fabricated in the tracker 32 and therefore are fixed with respect to each other]
Zmood, directed towards detecting tags using contactless tracking methods [see abstract of Zmood] further that system is used in a draped environment.[drape 135 is used on the instruments to be tracked; see page 24, last paragraph] wherein the draped environment comprises draping material between at least one of the plurality of radio frequency transceivers and the at least one active beacon; wherein the draping material, [see page 24, last paragraph continued in page 25; the drape is between the instrument and the interrogator] each of the respective frequency values, and each of the respective beacon frequency values are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals [see page 3, lines 22-30 disclosing that the interrogation of the RFID tag is possible even though a drape is present which means that the material of the drape is transparent to the frequency emitted and received by the tag] wherein the draped environment is a surgical environment .[drape 135 is used on the surgical instruments (which are used in surgical environment) to be tracked; see page 24, last paragraph]
Steddin, directed toward detection of beacons in space [see abstract of Steddin] further discloses wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment; [see column 6, lines 1-6 of Steddin; the absolute value of position any beacon/marker can be known] wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; [see column 6, lines 1-6 of Steddin; the absolute value of position of any beacon/marker can be known] and wherein the orientation is an absolute orientation value within the surgical environment [see column 6, lines 40-46 of Steddin; the absolute value of orientation of any beacon/marker can be known]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that, and a plurality of transceivers each at a different frequency according to the teachings of Govari in order to use the invention in a medical field ready for improvement in order to increase the accuracy of finding the tag [see [0002]-[0003] of Malackowski]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that the system is used in a draped environment. wherein the draped environment comprises draping material between at least one of the plurality of radio frequency transceivers and the at least one active beacon; wherein the draping material, each of the respective frequency values, and each of the respective beacon frequency values are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals according to the teachings of Zmood in order to provide coupling between the tag and the transceiver without affecting the sterile medical equipment. [see page 3, liens 22-27 of Zmood]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that the wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment according to the teachings of Steddin since doing so would have been substituting a parameter of navigation of the beacon with another and would have been obvious to try by an ordinarily skilled in the art (KSR Rationale B)
Regarding claim 2, Matthews further discloses a second active beacon configured to transmit a second modified radio frequency signal at a respective second beacon frequency value responsive to receipt of the radio frequency signal from any of the plurality of radio frequency transceivers at any of the respective frequency values, [see page 11, lines15-20 disclosing that the transmitted RF signal could be a chirp signal which inherently is made up of a plurality of different frequencies] the respective second beacon frequency value being shifted by a second amount from the respective frequency value of the radio frequency signal received at the second active beacon; wherein the second amount is different from the first amount; [see page 15, lines 20-30 disclosing that more than one tag can be used each with their own doppler shift frequency (i.e. the second predetermined shift amount is different)]
wherein the radio frequency transceiver is configured to send received second data to the control device responsive to receipt of the second modified radio frequency signal from the second active beacon, [see page 11, second paragraph of Matthews]
wherein the control device including the processor and the memory is further configured to determine a location of the second active beacon based upon the transmission instructions and the received second data; and [see page 15, lines 14-20; the detection unit can determine the range of the tag (approximate location in 3D space) could be calculated based on signal transit time]
Matthews does not disclose a plurality of radio frequency transceivers and further wherein the draping material and each of the respective second beacon frequency values are selected such that the draping material is substantially transparent to the second modified radio frequency signals.
Malackowski, further discloses a plurality of transceivers transmitting [see [0106]-[0107] discloses signal generators 222,-226 each generating a signal at a different frequency]
Zmood further discloses that the draping material and each of the respective second beacon frequency values are selected such that the draping material is substantially transparent to the second modified radio frequency signals [see page 3, lines 22-30 disclosing that the interrogation of the RFID tag is possible even though a drape is present which means that the material of the drape is transparent to the frequency emitted and received by the tag]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that, there are plurality of transceivers according to the teachings of Govari in order to use the invention in a medical field ready for improvement in order to increase the accuracy of finding the tag [see [0002]-[0003] of Malackowski]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that the draping material and each of the respective second beacon frequency values are selected such that the draping material is substantially transparent to the second modified radio frequency signals according to the teachings of Zmood in order to provide coupling between the tag and the transceiver without affecting the sterile medical equipment. [see page 3, liens 22-27 of Zmood]
Regarding claim 3, Matthews further discloses that the modified radio frequency signal at the respective beacon frequency value is a first Doppler-shifted signal; [see page 14, lines 17-30 disclosing a shift that is generated by the RFID tag and using a Doppler filter to distinguish this signal from background moving objects (i.e. clutter) with a different velocity]and wherein the second modified radio frequency signal at the respective second beacon frequency[see page 15, lines 20-30 disclosing that more than one tag can be used each with their own doppler shift frequency (i.e. the second predetermined shift amount is different)] value is a second Doppler-shifted signal. see page 14, lines 17-30 disclosing a shift that is generated by the RFID tag and using a Doppler filter to distinguish this signal from background moving objects (i.e. clutter) with a different velocity]
Regarding claim 4, Matthews further discloses that the control device including the processor and the memory is configured to use range-Doppler processing for the determination of the location of the at least one active beacon [see page 15, lines 14-20; the detection unit can determine the range of the tag (approximate location in 3D space) could be calculated based on signal transit time]and for the determination of the location of the second active beacon. [see page 15, lines 20-30 disclosing that more than one tag can be used each with their own doppler shift frequency (i.e. the second predetermined shift amount is different)]
Regarding claim 11, Matthews discloses a method for radio-frequency-based location determination in a environment [see abstract of Matthews], the method comprising:
generating radio frequency transmission instructions [see page 11, third-fourth paragraph of Matthews] from a control device, [detection unit 200; see FIG. 3] the transmission instructions being communicated a transceiver; [antenna 260; see FIG. 3 and page 11, lines 1-2]
emitting at least three radio frequency signals [see page 11, lines15-20 disclosing that the transmitted RF signal could be a chirp signal which inherently is made up of a plurality of different frequencies] from the radio frequency transceiver responsive to the transmission instructions, [see page 10 last two lines and first two lines of page 11 and lines 15-25 of page 11 (step S1-S2); see also Fig. 3-4]
receiving a first modified radio frequency signal from an active beacon, ,[see page 11, second paragraph of Matthews] the first modified radio frequency signal being a frequency-shifted re-transmission of the radio frequency signals at the respective frequency value; [see page 12, lines 3-13 and page 13, lines 27-page 14, line 4 disclosing that the tag would apply a false Doppler shift to the received RF signal]
receiving a second modified radio frequency signal from the active beacon, the second modified radio frequency signal being a frequency-shifted re-transmission the respective frequency values; [see page 12, lines 3-13 and page 13, lines 27-page 14, line 4 disclosing that the tag would apply a false Doppler shift to the received RF signal; therefore, if the incoming frequency is different, the re-transmitted second signal would be different as well]
receiving a third modified radio frequency signal from the active beacon, the third modified radio frequency signal being a frequency-shifted re-transmission of another of the three emitted radio frequency signals at another of the three respective frequency values; [see page 12, lines 3-13 and page 13, lines 27-page 14, line 4 disclosing that the tag would apply a false Doppler shift to the received RF signal; therefore, if the incoming frequency is different, the re-transmitted third signal would be different as well]
generating data from the received first modified radio frequency signal, the received second modified radio frequency signal, and the received third modified radio frequency signal. ,[see page 11, second paragraph of Matthews; Further, see page 15, lines 14-20; the detection unit can determine the range of the tag (approximate location in 3D space) could be calculated based on signal transit time]
transmitting the generated data to the control device; ,[see page 11, second paragraph of Matthews]
analyzing the generated data received at the control device to determine location data for the active beacon; [see page 15, lines 14-20; the detection unit can determine the range of the tag (approximate location in 3D space) could be calculated based on signal transit time]
Matthews does not disclose that the environment of the method is a draped environment wherein the draped environment comprises draping material between at least one of the three radio frequency transceivers and the active beacon; wherein the draping material, each of the three respective frequency values, and each frequency value of the frequency-shifted re-transmissions are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals; and wherein each of the three radio frequency transceivers are in a fixed spatial relationship to each other; and the transceiver comprises of at least three radio frequency transceivers emitting at least three radio frequency signals each radio frequency transceiver of the three radio frequency transceivers emitting a respective radio frequency signal at a respective frequency value such that the three radio frequency signals are emitted at three respective frequency values. wherein the draped environment is a surgical environment; wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment; wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment
Malackowski, directed towards localization of parts suing tags in surgery [see abstract of Malackowski] further discloses and the transceiver comprises of at least three radio frequency transceivers emitting [signal generators 222, 224, and 226] at least three radio frequency signals each radio frequency transceiver of the three radio frequency transceivers emitting a respective radio frequency signal at a respective frequency value such that the three radio frequency signals are emitted at three respective frequency values; [see [0106]-[0107] discloses signal generators 222,-226 each generating a signal at a different frequency] wherein each of the plurality of radio frequency transceivers are in a fixed spatial relationship to each other.[ the three generators 222, 224, and 226 are pre-fabricated in the tracker 32 and therefore are fixed with respect to each other]
Zmood, directed towards detecting tags using contactless tracking methods [see abstract of Zmood] further that system is used in a draped environment.[drape 135 is used on the instruments to be tracked; see page 24, last paragraph] wherein the draped environment comprises draping material between at least one of the plurality of radio frequency transceivers and the at least one active beacon; wherein the draping material, [see page 24, last paragraph continued in page 25; the drape is between the instrument and the interrogator] each of the respective frequency values, and each of the respective beacon frequency values are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals [see page 3, lines 22-30 disclosing that the interrogation of the RFID tag is possible even though a drape is present which means that the material of the drape is transparent to the frequency emitted and received by the tag]
Steddin, directed toward detection of beacons in space [see abstract of Steddin] further discloses wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment; [see column 6, lines 1-6 of Steddin; the absolute value of position any beacon/marker can be known] wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; [see column 6, lines 1-6 of Steddin; the absolute value of position of any beacon/marker can be known] and wherein the orientation is an absolute orientation value within the surgical environment [see column 6, lines 40-46 of Steddin; the absolute value of orientation of any beacon/marker can be known]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that, and a plurality of transceivers each at a different frequency according to the teachings of Govari in order to use the invention in a medical field ready for improvement in order to increase the accuracy of finding the tag [see [0002]-[0003] of Malackowski]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that they system is used in a draped environment. wherein the draped environment comprises draping material between at least one of the plurality of radio frequency transceivers and the at least one active beacon; wherein the draping material, each of the respective frequency values, and each of the respective beacon frequency values are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals according to the teachings of Zmood in order to provide coupling between the tag and the transceiver without affecting the sterile medical equipment. [see page 3, liens 22-27 of Zmood]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that the wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment according to the teachings of Steddin since doing so would have been substituting a parameter of navigation of the beacon with another and would have been obvious to try by an ordinarily skilled in the art (KSR Rationale B)
Regarding claim 12, Matthews further discloses that the first modified radio frequency signal from the active beacon is a first Doppler-shifted signal; [see page 14, lines 17-30 disclosing a shift that is generated by the RFID tag and using a Doppler filter to distinguish this signal from background moving objects (i.e. clutter) with a different velocity] wherein the second modified radio frequency signal from the active beacon [see page 15, lines 20-30 disclosing that more than one tag can be used each with their own doppler shift frequency (i.e. the second predetermined shift amount is different)] is a second Doppler-shifted signal; [see page 14, lines 17-30 disclosing a shift that is generated by the RFID tag and using a Doppler filter to distinguish this signal from background moving objects (i.e. clutter) with a different velocity] and wherein the third modified radio frequency signal from the active beacon [see page 15, lines 20-30 disclosing that more than one tag can be used each with their own doppler shift frequency (i.e. the third predetermined shift amount is different)] is a third Doppler-shifted signal. [see page 14, lines 17-30 disclosing a shift that is generated by the RFID tag and using a Doppler filter to distinguish this signal from background moving objects (i.e. clutter) with a different velocity]
Regarding claim 13, Matthews further discloses that the determination of the location data for the active beacon is performed using range-Doppler processing. [see page 15, lines 14-20; the detection unit can determine the range of the tag (approximate location in 3D space) could be calculated based on signal transit time]
Regarding claim 16, Matthews discloses a non-transitory computer readable medium [memory device 207; see FIG. 3], storing instructions that when executed by a processor in a control device cause the processor to perform a method for radio-frequency-based location determination in a draped environment, [see abstract and claim 1 of Matthews] the method comprising:
generating radio frequency transmission instructions[see page 11, third-fourth paragraph of Matthews], the transmission instructions being communicated from the control device, [detection unit 200; see FIG. 3] to a radio frequency transceiver, [antenna 260; see FIG. 3 and page 11, lines 1-2]
wherein at least three radio frequency signals from the three radio frequency transceivers [see page 11, lines15-20 disclosing that the transmitted RF signal could be a chirp signal which inherently is made up of a plurality of different frequencies] responsive to the transmission instructions are emitted[see page 10 last two lines and first two lines of page 11 and lines 15-25 of page 11 (step S1-S2); see also Fig. 3-4],
receiving generated data from the three radio frequency transceivers, the generated data being data generated from: [see page 11, third-fourth paragraph of Matthews]
a first modified radio frequency signal received from an active beacon, ,[see page 11, second paragraph of Matthews] the first modified radio frequency signal being a frequency-shifted re-transmission of a first of the three emitted radio frequency signals at a first of the three respective frequency values; [see page 12, lines 3-13 and page 13, lines 27-page 14, line 4 disclosing that the tag would apply a false Doppler shift to the received RF signal]
a second modified radio frequency signal received from the active beacon, the second modified radio frequency signal being a frequency-shifted re-transmission of a second of the three emitted radio frequency signals at a second of the three respective frequency values; [see page 12, lines 3-13 and page 13, lines 27-page 14, line 4 disclosing that the tag would apply a false Doppler shift to the received RF signal; therefore, if the incoming frequency is different (i.e. second incoming frequency of the chirp) the re-transmitted second signal would be different as well] and
a third modified radio frequency signal received from the active beacon, the third modified radio frequency signal being a frequency-shifted re-transmission of another of the three emitted radio frequency signals at another of the three respective frequency values; [see page 12, lines 3-13 and page 13, lines 27-page 14, line 4 disclosing that the tag would apply a false Doppler shift to the received RF signal; therefore, if the incoming frequency is different (i.e. third incoming frequency of the chirp), the re-transmitted third signal would be different as well]
analyzing the generated data received at the control device to determine location data for the active beacon; [see page 15, lines 14-20; the detection unit can determine the range of the tag (approximate location in 3D space) could be calculated based on signal transit time]
Matthews does not disclose that the environment of the method is a draped environment wherein the draped environment comprises draping material between at least one of the three radio frequency transceivers and the active beacon; wherein the draping material, each of the three respective frequency values, and each frequency value of the frequency-shifted re-transmissions are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals; and wherein each of the three radio frequency transceivers are in a fixed spatial relationship to each other; and the transceiver comprises of at least three radio frequency transceivers emitting at least three radio frequency signals each radio frequency transceiver of the three radio frequency transceivers emitting a respective radio frequency signal at a respective frequency value such that the three radio frequency signals are emitted at three respective frequency values. wherein the draped environment is a surgical environment; wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment; wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment
Malackowski, directed towards localization of parts suing tags in surgery [see abstract of Malackowski] further discloses and the transceiver comprises of at least three radio frequency transceivers emitting [signal generators 222, 224, and 226] at least three radio frequency signals each radio frequency transceiver of the three radio frequency transceivers emitting a respective radio frequency signal at a respective frequency value such that the three radio frequency signals are emitted at three respective frequency values; [see [0106]-[0107] discloses signal generators 222,-226 each generating a signal at a different frequency] wherein each of the plurality of radio frequency transceivers are in a fixed spatial relationship to each other.[ the three generators 222, 224, and 226 are pre-fabricated in the tracker 32 and therefore are fixed with respect to each other]
Zmood, directed towards detecting tags using contactless tracking methods [see abstract of Zmood] further that system is used in a draped environment.[drape 135 is used on the instruments to be tracked; see page 24, last paragraph] wherein the draped environment comprises draping material between at least one of the plurality of radio frequency transceivers and the at least one active beacon; wherein the draping material, [see page 24, last paragraph continued in page 25; the drape is between the instrument and the interrogator] each of the respective frequency values, and each of the respective beacon frequency values are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals [see page 3, lines 22-30 disclosing that the interrogation of the RFID tag is possible even though a drape is present which means that the material of the drape is transparent to the frequency emitted and received by the tag]
Steddin, directed toward detection of beacons in space [see abstract of Steddin] further discloses wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment; [see column 6, lines 1-6 of Steddin; the absolute value of position any beacon/marker can be known] wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; [see column 6, lines 1-6 of Steddin; the absolute value of position of any beacon/marker can be known] and wherein the orientation is an absolute orientation value within the surgical environment [see column 6, lines 40-46 of Steddin; the absolute value of orientation of any beacon/marker can be known]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that, and a plurality of transceivers each at a different frequency according to the teachings of Govari in order to use the invention in a medical field ready for improvement in order to increase the accuracy of finding the tag [see [0002]-[0003] of Malackowski]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that they system is used in a draped environment. wherein the draped environment comprises draping material between at least one of the plurality of radio frequency transceivers and the at least one active beacon; wherein the draping material, each of the respective frequency values, and each of the respective beacon frequency values are selected such that the draping material is substantially transparent to the emitted radio frequency signals and substantially transparent to the modified radio frequency signals according to the teachings of Zmood in order to provide coupling between the tag and the transceiver without affecting the sterile medical equipment. [see page 3, liens 22-27 of Zmood]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew such that the wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment according to the teachings of Steddin since doing so would have been substituting a parameter of navigation of the beacon with another and would have been obvious to try by an ordinarily skilled in the art (KSR Rationale B)
Regarding claim 17, Matthews further discloses that the first modified radio frequency signal from the active beacon is a first Doppler-shifted signal; [see page 14, lines 17-30 disclosing a shift that is generated by the RFID tag and using a Doppler filter to distinguish this signal from background moving objects (i.e. clutter) with a different velocity] wherein the second modified radio frequency signal from the active beacon is a second Doppler-shifted signal; and wherein the third modified radio frequency signal from the active beacon is a third Doppler-shifted signal. [see page 15, lines 20-30 disclosing that more than one tag can be used each with their own doppler shift frequency (i.e. the second predetermined shift amount is different)]
Regarding claim 18, Matthews further discloses that the determination of the location data for the active beacon is performed by the processor using range-Doppler processing. [see page 15, lines 14-20; the detection unit can determine the range of the tag (approximate location in 3D space) could be calculated based on signal transit time]
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Matthews et al. (WO Publication NO. 2014/064463) hereinafter “Matthews” in view of Malackowski et al (U.S. Publication No. 2007/0225595) hereinafter “Malackowski” and Zmood (WO 2009/003231) hereinafter “Zmood” and Steddin (U.S. Patent No. 6,506,050) hereinafter “Steddin” as applied to claims 1, 12, and 15 above and further in view of Baldauf et al. (U.S. Publication No. 2018/0310830) hereinafter “Baldauf”.
Regarding claims 5, Matthews as modified by Malackowski, Zmood , Steddin discloses all the limitations of claim 1 [see rejection of claim 1 above]
Matthews as modified by Malackowski and Zmood does not disclose that the control device is configured to determine an orientation of the at least one active beacon relative to the second active beacon
Baldauf, directed towards tracking an intra-body medical device using tags [see abstract of Baldauf] further discloses that the control device including the processor and the memory is further configured to determine an orientation of the at least one active beacon relative to the second active beacon; [see at least [0031] and [0043] , [0045] and [0049] of Baldauf]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew as modified by Malackowski and Zmood further such that the control device including the processor and the memory is further configured to determine an orientation of the at least one active beacon relative to the second active beacon according to the teachings of Shechter in order to locate the tag at any point in time [see [0005] of Baldauf]
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Matthews et al. (WO Publication NO. 2014/064463) hereinafter “Matthews” in view of Malackowski et al (U.S. Publication No. 2007/0225595) hereinafter “Malackowski”, Zmood (WO 2009/003231) hereinafter “Zmood” and Steddin (U.S. Patent No. 6,506,050) hereinafter “Steddin” and Baldauf et al. (U.S. Publication No. 2018/0310830) hereinafter “Baldauf” as applied to claim 5 above and further in view of Shechter et al. (U.S. publication No. 2012/0095330) hereinafter “Shechter”.
Regarding claim 6, Matthews as modified by Malackowski, Zmood, Steddin, and Baldauf discloses all the limitations of claim 5 [see rejection of claims 5 above]
Matthews as modified by Malackowski, Zmood, and Baldauf further discloses that the draped environment is a surgical environment [see page 1, lines 7-12 and page 20, lines 6-30 of Mathews]
Matthews as modified by Malackowski, Zmood, Steddin, and Baldauf does not expressly disclose wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment. wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment.
Shechter, directed towards determining orientation and position of the RFID tag [see abstract of Shechter] further discloses wherein the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment. wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment [see [0023]-[0028] of Shechter reciting in [0027] for example: “the processor 108 can proceed to determine the position and/or orientation of the medical device 202 based on the received positioning data”]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew as modified by Malackowski and Zmood and Steddin further such that the location of said second active beacon is an absolute location value of the second active beacon in the surgical environment; and wherein the orientation is an absolute orientation value within the surgical environment. wherein the location of the at least one active beacon is an absolute location value of the at least one active beacon in the surgical environment according to the teachings of Schechter in order to increase the precision of the placement of the medical device into the body by determining their orientation and location [see [0003] of Shechter]
Regarding claim 7, Matthews as modified by Malackowski, Zmood, Steddin, and Baldauf discloses all the limitations of claim 6 [see rejection of claims 6 above]
Matthews as modified by Malackowski, Zmood, Steddin and Baldauf does not expressly disclose a display device; wherein the absolute location value of said at least one active beacon, said absolute location value of said second active beacon, said absolute orientation value, and said surgical environment are depicted in a representation on said display device.
Shechter further discloses a display device [display device 114; see [0024]] wherein the absolute location value of said at least one active beacon, said absolute location value of said second active beacon, said absolute orientation value, and said surgical environment are depicted in a representation on said display device. [see [0024] of Shechter disclosing displaying the determined position via the display device 114]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthews as modified by Malackowski, Zmood and Baldauf such that it includes a display device wherein the absolute location value of said at least one active beacon, said absolute location value of said second active beacon, said absolute orientation value, and said surgical environment are depicted in a representation on said display device according to the teachings of Shechter in order to provide a feedback to the user regarding the position of the beacon and attached device.
Regarding claim 8, Matthews as modified by Malackowski, Zmood, Steddin and Baldauf discloses all the limitations of claim 7 [see rejection of claims 7 above]
Baldauf further discloses a storage device; wherein the absolute location value of the at least one active beacon, the absolute location value of said second active beacon, and the absolute orientation value are stored in said storage device [see at least [0031] and [0043] , [0045] and [0049] of Baldauf]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthews as modified by Malackowski, Zmood, Steddin and Baldauf such that it includes a storage device; wherein the absolute location value of the at least one active beacon, the absolute location value of said second active beacon, and the absolute orientation value are stored in said storage device according to the teachings of Baldauf in order to locate the tag at any point in time [see [0005] of Baldauf]
Regarding claim 9, Matthews as modified by Malackowski, Zmood, Steddin and Baldauf discloses all the limitations of claim 7 [see rejection of claims 7 above]
Zmood further discloses that the at least one active beacon is removably attachable to a medical object; [see page 6, last paragraph disclosing that the tray includes a removable RFID tag] and wherein the system for radio-frequency-based location determination is a system for medical object tracking. [see abstract and page 5, paragraph before last disclosing that the items being tag are items in a kit used in surgical rooms and hospitals]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthews as modified by Malackowski, Zmood, Steddin and Baldauf such that at least one active beacon is removably attachable to a medical object and wherein the system for radio-frequency-based location determination is a system for medical object tracking according to the teachings of Zmood in order for the RFID tag to be removable so that it would provide appropriate read ranges and/or intelligence data in a surgical room [see page 6, paragraph before last]
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Matthews et al. (WO Publication NO. 2014/064463) hereinafter “Matthews” in view of Malackowski et al (U.S. Publication No. 2007/0225595) hereinafter “Malackowski” and Zmood (WO 2009/003231) hereinafter “Zmood” as applied to claim 1 above and further in view of Falco et al. (U.S. Patent No. 7,535,411) hereinafter “Falco”.
Regarding claim 10, Matthews as modified by Malackowski and Zmood and Steddin discloses all the limitations of claims 13 and 18 [see rejection of claims 13 and 18 above]
Matthews as modified by Malackowski and Zmood and Steddin does not expressly disclose the at least one active beacon comprises a reflector, configured to reflect the radio frequency signal at the respective frequency value; wherein the system for radio-frequency-based location determination is configured to detect the reflected radio signal; and wherein the system is configured to calibrate the control device for location determination based, at least in part, on the detected reflected radio signal.
Falco, directed towards calibration of tracking device [see abstract of Falco] further discloses that the at least one active beacon comprises a reflector, [see column 3, lines 9-18; Falco discloses that the feature can be an active marker and it can also include a reflector embedded in it] configured to reflect the radio frequency signal at the respective frequency value; wherein the system for radio-frequency-based location determination is configured to detect the reflected radio signal; [see column 2, lines 25-45 of Falco] and wherein the system is configured to calibrate the control device for location determination based, at least in part, on the detected reflected radio signal. [see column 2, lines 46-67 of Falco]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthews as modified by Malackowski, Zmood, Steddin, and Baldauf such that the at least one active beacon comprises a reflector, configured to reflect the radio frequency signal at the respective frequency value; wherein the system for radio-frequency-based location determination is configured to detect the reflected radio signal; and wherein the system is configured to calibrate the control device for location determination based, at least in part, on the detected reflected radio signal according to the teachings of Falco in order to maintain the accuracy of the tracking system by recalibrating the system using signals at least partially from the reflector [see column 1, lines 49-62 of Falco]
Claims 14, 15, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Matthews et al. (WO Publication NO. 2014/064463) hereinafter “Matthews” in view of Malackowski et al (U.S. Publication No. 2007/0225595) hereinafter “Malackowski” and Zmood (WO 2009/003231) hereinafter “Zmood” and Steddin (U.S. Patent No. 6,506,050) hereinafter “Steddin” as applied to claims 13 and 19 above and further in view of Shechter et al. (U.S. publication No. 2012/0095330) hereinafter “Shechter”.
Regarding claims 14 and 19, Matthews as modified by Malackowski and Zmood and Steddin discloses all the limitations of claims 13 and 18 [see rejection of claims 13 and 18 above]
Matthews as modified by Malackowski and Zmood and Steddin does not disclose analyzing the generated data received at the control device to determine orientation data of the active beacon.
Schechter further discloses analyzing the generated data received at the control device to determine orientation data of the active beacon. [see [0026]-[0027] of Shechter disclosing: “as positioning data is being generated by the sensor 204, the sensor 204 can transmit the data to the wireless device 206. The wireless device 206 can the transmit the positioning data to the transmitter 208”]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Matthew as modified by Malackowski and Zmood and Steddin further such that it includes analyzing the generated data received at the control device to determine orientation data of the active beacon according to the teachings of Schechter in order to increase the precision of the placement of the medical device into the body by determining their orientation and location [see [0003] of Shechter]
Regarding claims 15 and 20, Matthews as modified by Malackowski and Zmood and Steddin discloses all the lim