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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8, 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kagenow et al. (US. 20100177182)(“ Kagenow”).
Re Claim 1, Kagenow discloses a blood vessel visualization apparatus (abstract, Figs. 1-6) comprising: a light source (7, ¶0097, ¶0029) configured to irradiate, with near infrared light (¶0097, ¶0029), a visualization target site (arm, ¶0020) at which a blood vessel of a living body is visualized (¶0020); and an observation window (4, 3, 2, ¶0095) that contains a wavelength conversion material for converting the near infrared light into visible light (¶0095), wherein: an arrangement area ( between the light and the window, Fig. 2c) for arranging the visualization target site is located between the light source and the observation window (area between 4 and 7, Fig. 2c), and the observation window configured to visualize an image of the near infrared light that has transmitted through the visualization target site arranged in the arrangement area (¶0097).
Re Claim 2, Kagenow discloses wherein: the light source is configured to contact the visualization target site (due to the strap 14, the light is contacting the arm, ¶0099).
Re Claim 3, Kagenow discloses wherein: a puncture space that enables a medical tool to puncture the visualization target site is formed (space around the needle, wherein the tip of needle will be inserted around 6, ¶0093, Fig. 2a).
Re Claim 4, Kagenow discloses a support member (14,9) that supports the observation window such that the observation window is spaced apart from the visualization target site (Fig, 2a), wherein the puncture space is formed between the observation window and the visualization target site (between the arm and 6, ¶0093).
Re Claim 5, Kagenow discloses wherein: the puncture space is provided above the observation window (space around the needle, starting from the tip near 6, ¶0093, Fig. 2a).
Re Claim 6, Kagenow discloses the observation window is configured to be arranged in contact with the visualization target site (due to the strap 14, the light is contacting the arm, ¶0099).
Re Claim 7, Kagenow discloses wherein: the observation window is configured to allow the medical tool to puncture therethrough (capable to allow the needle to pass) , and the observation window itself can be punctured together with the visualization target site from the puncture space ( the window can be punctured).
Re Claim 8, Kagenow discloses wherein: the observation window comprises a wavelength conversion material disposed on a plate-like transparent material (¶0093).
Re Claim 10, Kagenow discloses wherein: the observation window is transparent or semitransparent with respect to the visible light (2 is transparent ¶0103).
Re Claim 11, Kagenow discloses blood vessel puncture system comprising: the blood vessel visualization apparatus according to claim 1 (see the rejection of claim 1); and a medical tool configured to puncture the visualization target site (space near 6 can be used to inject the needle, ¶0093).
Re Claim 12, Kagenow discloses wherein: the medical tool is a puncture needle or a catheter assembly (space near 6 can be used to inject the needle, ¶0093).
Re Claim 13, Kagenow discloses an observation window member ( Fig. 1-6) of a blood vessel visualization apparatus (Fig. 2) that comprises a light source (7, ¶0029, ¶0097) configured to irradiate with near infrared light a visualization target site (arm, ¶0101) at which a blood vessel of a living body is visualized (¶0090), and that is configured to visualize the blood vessel by converting the near infrared light that has transmitted through the visualization target site into visible light (NIR, ¶0029), the observation window member comprising: an observation window that contains a wavelength conversion material for converting the near infrared light into the visible light (4, 3, 2); a frame member ( 17, 14) that holds the observation window (Fig.2 ); and a support member that forms, between the light source and the observation window (14), an arrangement area for arranging the visualization target site ( area between 7 and 2), wherein the observation window is configured to visualize an image of the near infrared light that has transmitted through the visualization target site arranged in the arrangement area (¶0097).
Re Claim 13, Kagenow discloses a method of visualizing a blood vessel (abstract, Figs. 16), the method comprising: providing a blood vessel visualization apparatus (Fig. 1-6) comprising: a light source (7) configured to irradiate, with near infrared light (NIR, ¶0029, ¶0093), a visualization target site (arm, ¶0020) at which a blood vessel of a living body is visualized (¶0090); and an observation window (4, 6, 1) that contains a wavelength conversion material for converting the near infrared light into visible light (¶0097), wherein: placing the blood vessel visualization apparatus such that an arrangement area for arranging the visualization target site is located between the light source and the observation window (arranging area is the space between 2 and 7); arranging the visualization target site in the arrangement area (Fig. 2); and visualizing, with the observation window, an image of the near infrared light that has transmitted through the visualization target site arranged in the arrangement area (¶0097); and puncturing the blood vessel with a puncture portion of a medical tool. (needle ¶0099).
Claim(s) 1-3, 8, 10-12, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crane et al. (US. 6230046B1)(“ Crane”).
Re Claim 1, Crane discloses a blood vessel visualization apparatus (abstract, Figs. 1-2) comprising: a light source (11, Col. 4, lines 39-51) and lines configured to irradiate, with near infrared light (NIR, Col. 4, lines 39-51), a visualization target site (14) at which a blood vessel of a living body is visualized (15, Fig. 1, abstract, Col. 4, lines 60-65); and an observation window ( tube 13 as has example such as the tube 20 in Fig. 2, Col. 6, lines 30-45) that contains a wavelength conversion material for converting the near infrared light into visible light (Col. 4, line 64 up to Col. 5, line 40), wherein: an arrangement area for arranging the visualization target site is located between the light source and the observation window ( area between 11 and 13, Fig. 1), and the observation window configured to visualize an image of the near infrared light that has transmitted through the visualization target site arranged in the arrangement area (Col. 5, lines 25-44).
Re Claim 2, Crane discloses wherein: the light source is configured to contact the visualization target site (Col. 4, lines 50-53).
Re Claim 3, Crane discloses wherein: a puncture space that enables a medical tool to puncture the visualization target site is formed (space near 13 can be used to inject the needle, Col. 8, lines 35-40).
Re Claim 8, Crane discloses wherein: the observation window comprises a wavelength conversion material disposed on a plate-like transparent material (24, Col. 6, lines 50-60).
Re Claim 10, Crane discloses wherein: the observation window is transparent or semitransparent with respect to the visible light (such as Lense 28,29, Col. 6, lines 50-60).
Re Claim 11, Crane discloses blood vessel puncture system comprising: the blood vessel visualization apparatus according to claim 1 (see the rejection of claim 1); and a medical tool configured to puncture the visualization target site (space near 13 can be used to inject the needle, Col. 8, lines 35-40).
Re Claim 12, Crane discloses wherein: the medical tool is a puncture needle or a catheter assembly (space near 13 can be used to inject the needle, Col. 8, lines 35-40).
Re Claim 14, Crane discloses a method of visualizing a blood vessel (abstract, Figs. 1-2), the method comprising: providing a blood vessel visualization apparatus (Fig. 1-2) comprising: a light source (11) configured to irradiate, with near infrared light (NIR, Col. 4, lines 39-51), a visualization target site (14) at which a blood vessel of a living body is visualized (15, Fig. 1, abstract, Col. 4, lines 60-65); and an observation window (tube 13 in Fig. 2 wherein the example of how it works in Fig. 2 ) that contains a wavelength conversion material for converting the near infrared light into visible light (24, Col. 6, lines 50-60), wherein: placing the blood vessel visualization apparatus such that an arrangement area for arranging the visualization target site is located between the light source and the observation window (arranging area is the space between 13 and 11); arranging the visualization target site in the arrangement area (Fig. 1); and visualizing, with the observation window, an image of the near infrared light that has transmitted through the visualization target site arranged in the arrangement area ( Fig. 1, Col. 6, lines 50-60); and puncturing the blood vessel with a puncture portion of a medical tool. (space near 13 can be used to inject the needle, Col. 8, lines 35-40).
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kagenow in view of Sumida et al. (US. 20180314445A1)(“ Sumida”)
Re Claim 9, Kagenow discloses wherein: the observation window contains the wavelength conversion material in a flexible resin film.
However, Sumida discloses a vessel visualizing tool (Fig. 1-7a) has a light source (Fig. 7a) and the observation window (1a, ¶0028) contains the wavelength conversion material in a flexible resin film (¶0026).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the observation window of Kagenow so that the observation window contains the wavelength conversion material in a flexible resin film as taught by Sumida for the purpose of easily placing the window and select the best visualized location on the target area with good optical property for imaging the vessel (¶0027).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crane in view of Sumida et al. (US. 20180314445A1)(“ Sumida”)
Re Claim 9, Crane discloses wherein: the observation window contains the wavelength conversion material in a flexible resin film.
However, Sumida discloses a vessel visualizing tool (Fig. 1-7a) has a light source (Fig. 7a) and the observation window (1a, ¶0028) contains the wavelength conversion material in a flexible resin film (¶0026).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the observation window of Crane so that the observation window contains the wavelength conversion material in a flexible resin film as taught by Sumida for the purpose of easily placing the window and select the best visualized location on the target area with good optical property for imaging the vessel (¶0027).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783