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 .
This Office action is responsive to an amendment filed March 8, 2023. Claims 1-14 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 8, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1, 6 & 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walters et al. (US 2019/0254649) (“Walters” hereinafter) in view of Chang et al. (US 2010/0268245) (“Chang” hereinafter).
In regards to claim 1, Walters discloses a living tissue sampling method comprising:
inserting an endoscope inserted into a guide sheath (430, 720), into a body cavity of a subject, the guide sheath (430, 720) being a cylindrical member that is inserted into the body cavity of the subject (see at least figs. 4A & D, 5 & 7A-B and par 0063 & 0077), the guide sheath (430, 720) being configured to deform (e.g., working catheter 430 includes a distal end 435, which may be steered so as to orient distal end 435 toward lesion 414, see at least fig. 4A and par 0063), the endoscope being configured to pick up an endoscopic image of inside of the body cavity of the subject (from imaging device such as an endoscope, see at least par 0088, 0090, 0092, 0094, 0105 & 0107), the endoscope being capable of outputting, to outside, distal end position information of the endoscope (see at least par 0063);
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bringing distal ends of the endoscope and the guide sheath (430, 720) close to a focused region (414, 714) at a time of insertion of the endoscope inserted into the guide sheath (430, 720) into the body cavity of the subject (see at least par 0063 & 0077), by checking three-dimensional image information of a body cavity path inside the subject that is obtained by performing image pickup with respect to the subject by a device (such as CT) different from the endoscope (see at least par 0043, 0086 & 0103), against distal end position data of the endoscope that is determined by acquiring distal end position information of the endoscope (i.e., from position sensor system 220, see par 0048, 0063 & 0077), and by associating a distal end position of the endoscope and a three-dimensional image with each other (see at least par 0087);
then removing the endoscope from the guide sheath (430, 720) while keeping the guide sheath (430, 720) stationed inside the body cavity (see at least par 0063, 0069 & 0077);
then inserting a biopsy instrument 437 into the guide sheath (430, 720), and bringing the biopsy instrument 437 inserted into the guide sheath (430, 720) close to the focused region (414, 714) (see at least figs. 4A & D, 5 & 7A-B and par 0063 & 0077); and
then sampling living tissue of the focused region (414, 714) by the biopsy instrument 437 (see at least figs. 4A & D, 5 & 7A-B and par 0063-0064, 0069, 0077 & 0099).
Walters discloses a living tissue sampling method, as described above, that fails to explicitly teach a method with the guide sheath being configured to plastically deform by an internal component inserted inside the cylindrical member.
However, Chang teaches that it is known to provide a method with the guide sheath 400 being configured to plastically deform by an internal component (e.g.,
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stiffening elements such as a braid) inserted inside the cylindrical member (see at least fig. 5 and par 0155).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters with the guide sheath being configured to plastically deform by an internal component inserted inside the cylindrical member as taught by Chang since such a modification would amount to applying a known technique (i.e., as taught by Chang) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as facilitating bending or distorting the guide sheath to optimize the shape of the guide sheath to conform to a patient’s anatomy (see at least par 0157 of Chang) in order to steer the guide sheath so as to orient the distal end toward the lesion (see at least par 0063 of Walters)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 6, Walters discloses a biopsy support system comprising:
a guide sheath (430, 720) configured as a cylindrical member that is inserted into a body cavity of a subject, the guide sheath (430, 720) being configured to deform (e.g., working catheter 430 includes a distal end 435, which may be steered so as to orient distal end 435 toward lesion 414, see at least fig. 4A and par 0063);
an endoscope that is insertable inside the cylindrical member of the guide sheath (430, 720) (from imaging device such as an endoscope, see at least par 0088, 0090, 0092, 0094, 0105 & 0107), the endoscope being configured to pick up an endoscopic image of inside of the body cavity of the subject and to be capable of outputting distal end position information of the endoscope to outside (see at least par 0063);
an insertion support device configured to store three-dimensional image information of a body cavity path inside the subject that is obtained by performing image pickup with respect to the subject by a device (such as CT) different from the endoscope (see at least par 0043 & 0086);
a processor (i.e., of control system 112, see par 0036, 0041, 0049, 0085 & 0102) configured to determine distal end position data of the endoscope by acquiring the distal end position information of the endoscope, and to generate a navigation image showing a position, on a three-dimensional image, corresponding to a distal end position of the endoscope, based on the distal end position data of the endoscope; and
a biopsy instrument 437 that is insertable inside the cylindrical member of the guide sheath (430, 720), the biopsy instrument 437 being configured to sample living tissue of a focused region (414, 714) in the body cavity of the subject (see at least par 0063 & 0077).
Walters discloses a system, as described above, that fails to explicitly teach a system with the guide sheath being configured to plastically deform by an internal component inserted inside the cylindrical member.
However, Chang teaches that it is known to provide a system with the guide sheath 400 being configured to plastically deform by an internal component (e.g., stiffening elements such as a braid) inserted inside the cylindrical member (see at least fig. 5 and par 0155).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Walters with the guide sheath being configured to plastically deform by an internal component inserted inside the cylindrical member as taught by Chang since such a modification would amount to applying a known technique (i.e., as taught by Chang) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as facilitating bending or distorting the guide sheath to optimize the shape of the guide sheath to conform to a patient’s anatomy (see at least par 0157 of Chang) in order to steer the guide sheath so as to orient the distal end toward the lesion (see at least par 0063 of Walters)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 13, Walters discloses the biopsy support system according to claim 6, wherein the three-dimensional image information is acquired by an X-ray CT device (see at least par 0043 & 0086).
In regards to claim 14, Walters discloses the biopsy support system according to claim 6, wherein the body cavity of the subject belongs to a respiratory system (e.g., lung or airways) (see at least par 0056, 0061 & 0088).
Claim(s) 2-3 & 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walters et al. (US 2019/0254649) (“Walters” hereinafter) in view of Chang et al. (US 2010/0268245) (“Chang” hereinafter) further in view of Fleury et al. (US 2017/0245841) (“Fleury” hereinafter).
In regards to claim 2, Walters as modified by Chang discloses the living tissue sampling method according to claim 1, that fails to explicitly teach a method wherein an image pickup appliance with an outer diameter smaller than an outer diameter of the endoscope is inserted into the guide sheath, and the image pickup appliance picks up an image of the body cavity path in the subject. However, Fleury teaches that it is known to provide a method wherein an image pickup appliance 110 with an outer diameter smaller than an outer diameter of the endoscope (e.g., due to the ultrasound
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probe being slidable into an endoscope in addition to a needle, a catheter) is inserted into the guide sheath (e.g., access sheath), and the image pickup appliance 110 picks up an image of the body cavity path in the subject (see at least abstract, figs. 1-4 & 5A-B and par 0009-0011, 0019-0020 & 0022). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang wherein an image pickup appliance with an outer diameter smaller than an outer diameter of the endoscope is inserted into the guide sheath, and the image pickup appliance picks up an image of the body cavity path in the subject as taught by Fleury since such a modification would amount to applying a known technique (i.e., as taught by Fleury) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as visualizing the site using an ultrasound signal generated by the ultrasound probe (see at least par 0010 of Fleury)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 3, Walters as modified by Chang discloses the living tissue sampling method according to claim 2, that fails to explicitly teach a method wherein the biopsy instrument that is inserted into the guide sheath is brought close to the focused region while referring to the image of the body cavity path picked up by the image pickup appliance. However, Fleury teaches that it is known to provide a method wherein the biopsy instrument (e.g., biopsy needle 120) that is inserted into the guide sheath (e.g., access sheath) is brought close to the focused region while referring to the image of the body cavity path picked up by the image pickup appliance 110 (see at least abstract, figs. 1-4 & 5A-B and par 0009-0011, 0019-0020 & 0022). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang wherein the biopsy instrument that is inserted into the guide sheath is brought close to the focused region while referring to the image of the body cavity path picked up by the image pickup appliance as taught by Fleury since such a modification would amount to applying a known technique (i.e., as taught by Fleury) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as visualizing the site using an ultrasound signal generated by the ultrasound probe (see at least par 0010 of Fleury)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 7, Walters as modified by Chang discloses the biopsy support system according to claim 6, that fails to explicitly teach a system further comprising an image pickup appliance that is insertable inside the cylindrical member of the guide sheath, the image pickup appliance being configured to pick up an image of inside of the body cavity of the subject. However, Fleury teaches that it is known to provide further comprising an image pickup appliance 110 that is insertable inside the cylindrical member of the guide sheath (e.g., access sheath), the image pickup appliance 110 being configured to pick up an image of inside of the body cavity of the subject (see at least abstract, figs. 1-4 & 5A-B and par 0009-0011, 0019-0020 & 0022). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang further comprising an image pickup appliance that is insertable inside the cylindrical member of the guide sheath, the image pickup appliance being configured to pick up an image of inside of the body cavity of the subject as taught by Fleury since such a modification would amount to applying a known technique (i.e., as taught by Fleury) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as visualizing the site using an ultrasound signal generated by the ultrasound probe (see at least par 0010 of Fleury)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 8, Walters as modified by Chang discloses the biopsy support system according to claim 7, that fails to explicitly teach a system wherein the biopsy instrument includes an insertion hole for allowing insertion of the image pickup appliance. However, Fleury teaches that it is known to provide a system wherein the biopsy instrument 120 includes an insertion hole (e.g., lumen) for allowing insertion of the image pickup appliance 110 (see at least abstract, figs. 1-4 & 5A-B and par 0009-0011, 0019-0020 & 0022). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang wherein the biopsy instrument includes an insertion hole for allowing insertion of the image pickup appliance as taught by Fleury since such a modification would amount to applying a known technique (i.e., as taught by Fleury) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as visualizing the site using an ultrasound signal generated by the ultrasound probe (see at least par 0010 of Fleury)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 9, Walters as modified by Chang discloses the biopsy support system according to claim 8, that fails to explicitly teach a system wherein the image pickup appliance is an ultrasound probe configured to emit an ultrasonic wave toward the subject and to acquire an ultrasound image based on a reflected wave from the subject, and the ultrasound probe is inserted into the insertion hole of the biopsy instrument. However, Fleury teaches that it is known to provide wherein the image pickup appliance 110 is an ultrasound probe configured to emit an ultrasonic wave toward the subject and to acquire an ultrasound image based on a reflected wave from the subject, and the ultrasound probe 110 is inserted into the insertion hole of the biopsy instrument 120 (see at least abstract, figs. 1-4 & 5A-B and par 0009-0011, 0019-0020 & 0022). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang wherein the image pickup appliance is an ultrasound probe configured to emit an ultrasonic wave toward the subject and to acquire an ultrasound image based on a reflected wave from the subject, and the ultrasound probe is inserted into the insertion hole of the biopsy instrument as taught by Fleury since such a modification would amount to applying a known technique (i.e., as taught by Fleury) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as visualizing the site using an ultrasound signal generated by the ultrasound probe (see at least par 0010 of Fleury)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 4-5 & 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walters et al. (US 2019/0254649) (“Walters” hereinafter) in view of Chang et al. (US 2010/0268245) (“Chang” hereinafter) further in view of Komp et al. (US 2020/0195903) (“Komp” hereinafter).
In regards to claim 4, Walters as modified by Chang discloses the living tissue sampling method according to claim 2, that fails to explicitly teach a method wherein the endoscope acquires the distal end position information of the endoscope based on three-dimensional shape data, a processor that is connected to the endoscope determines the distal end position data of the endoscope from the distal end position information that is the three-dimensional shape data, and the processor checks the distal end position data of the endoscope that is obtained against the three-dimensional image information, and generates a navigation image showing a position, on the three-dimensional image, corresponding to a distal end position of the endoscope. However, Komp teaches that it is known to provide a method wherein the endoscope 200 acquires the distal end position information of the endoscope 200 based on three-dimensional shape data (e.g., optical image data and/or intra-operative 3D image data may be compared to pre-operative 3D model to determine the position of the endoscope 200, see par 0074), a processor 400 that is connected to the endoscope 200 determines the distal end position data of the endoscope 200 from the distal end position information that is the three-dimensional shape data (e.g., optical image data and/or intra-operative 3D image data may be compared to pre-operative 3D model to determine the position of the endoscope 200, see par 0074), and the processor 200 checks the distal end position data of the endoscope 200 that is obtained against the three-dimensional image information (e.g., modified intra-operative 3D image data), and generates a navigation image (see at least fig. 4 and par 0051-0052 & 0054) showing a position, on the three-dimensional image, corresponding to a distal end position of the endoscope 200 (see at least figs. 1-2 & 4; par 0035, 0040-0045, 0047, 0070 & 0074-0077). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang wherein the endoscope acquires the distal end position information of the endoscope based on three-dimensional shape data, a processor that is connected to the endoscope determines the distal end position data of the endoscope from the distal end position information that is the three-dimensional shape data, and the processor checks the distal end position data of the endoscope that is obtained against the three-dimensional image information, and generates a navigation image showing a position, on the three-dimensional image, corresponding to a distal end position of the endoscope as taught by Komp since such a modification would amount to applying a known technique (i.e., as taught by Komp) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as optionally or additionally determining the position of the endoscope based on a comparison of intra-operative and pre-operative 3D image data (see at least par 0074 of Komp)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 5, Walters as modified by Chang discloses the living tissue sampling method according to claim 4, that fails to explicitly teach a method wherein a pattern light projection device configured to project pattern light acquires the distal end position information of the endoscope based on the three-dimensional shape data by acquiring an endoscopic image that is obtained by projection of the pattern light, and the processor that is connected to the endoscope determines the distal end position data of the endoscope from the distal end position information by acquiring the endoscopic image that is obtained by projection of the pattern light and that is the distal end position information. However, Komp teaches that it is known to provide a method wherein a pattern light projection device configured to project pattern light (see at least figs. 5A-B, see par 0040) acquires the distal end position information of the endoscope 200 based on the three-dimensional shape data by acquiring an endoscopic image that is obtained by projection of the pattern light (e.g., optical image data and/or intra-operative 3D image data may be compared to pre-operative 3D model to determine the position of the endoscope 200, see par 0074), and the processor 400 that is connected to the endoscope 200 determines the distal end position data of the endoscope 200 from the distal end position information by acquiring the endoscopic image that is obtained by projection of the pattern light and that is the distal end position information (see at least figs. 1-2 & 4; par 0035, 0040-0045, 0047, 0070 & 0074-0077). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang wherein a pattern light projection device configured to project pattern light acquires the distal end position information of the endoscope based on the three-dimensional shape data by acquiring an endoscopic image that is obtained by projection of the pattern light, and the processor that is connected to the endoscope determines the distal end position data of the endoscope from the distal end position information by acquiring the endoscopic image that is obtained by projection of the pattern light and that is the distal end position information as taught by Komp since such a modification would amount to applying a known technique (i.e., as taught by Komp) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as optionally or additionally determining the position of the endoscope based on a comparison of intra-operative and pre-operative 3D image data (see at least par 0074 of Komp)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 11, Walters as modified by Chang discloses the biopsy support system according to claim 6, that fails to explicitly teach a system wherein the endoscope acquires the distal end position information of the endoscope based on three-dimensional shape data, the processor determines the distal end position data of the endoscope from the distal end position information that is the three-dimensional shape data, and the processor checks the distal end position data of the endoscope that is obtained against the three-dimensional image information that is stored, and generates a navigation image showing a position, on the three-dimensional image, corresponding to the distal end position of the endoscope. However, Komp discloses a system wherein the endoscope 200 acquires the distal end position information of the endoscope 200 based on three-dimensional shape data (e.g., optical image data and/or intra-operative 3D image data may be compared to pre-operative 3D model to determine the position of the endoscope 200, see par 0074), the processor 400 determines the distal end position data of the endoscope 200 from the distal end position information that is the three-dimensional shape data (e.g., optical image data and/or intra-operative 3D image data may be compared to pre-operative 3D model to determine the position of the endoscope 200, see par 0074), and the processor 400 checks the distal end position data of the endoscope that is obtained against the three-dimensional image information (e.g., modified intra-operative 3D image data) that is stored, and generates a navigation image (see at least fig. 4 and par 0051-0052 & 0054) showing a position, on the three-dimensional image, corresponding to the distal end position of the endoscope 200 (see at least figs. 1-2 & 4; par 0035, 0040-0045, 0047, 0070 & 0074-0077). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang wherein the endoscope acquires the distal end position information of the endoscope based on three-dimensional shape data, the processor determines the distal end position data of the endoscope from the distal end position information that is the three-dimensional shape data, and the processor checks the distal end position data of the endoscope that is obtained against the three-dimensional image information that is stored, and generates a navigation image showing a position, on the three-dimensional image, corresponding to the distal end position of the endoscope as taught by Komp since such a modification would amount to applying a known technique (i.e., as taught by Komp) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as optionally or additionally determining the position of the endoscope based on a comparison of intra-operative and pre-operative 3D image data (see at least par 0074 of Komp)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 12, Walters as modified by Chang discloses the biopsy support system according to claim 11, that fails to explicitly teach a system wherein the endoscope includes, at a distal end portion, a pattern light projection device configured to project pattern light, and acquires the distal end position information of the endoscope based on the three-dimensional shape data by acquiring an endoscopic image that is obtained by projection of the pattern light, and the processor that is connected to the endoscope determines the distal end position data of the endoscope from the distal end position information by acquiring the endoscopic image that is obtained by projection of the pattern light and that is the distal end position information. However, Komp discloses a system wherein the endoscope 200 includes, at a distal end portion, a pattern light projection device configured to project pattern light (see at least figs. 5A-B, see par 0040), and acquires the distal end position information of the endoscope 200 based on the three-dimensional shape data by acquiring an endoscopic image that is obtained by projection of the pattern light (e.g., optical image data and/or intra-operative 3D image data may be compared to pre-operative 3D model to determine the position of the endoscope 200, see par 0074), and the processor that is connected to the endoscope 200 determines the distal end position data of the endoscope 200 from the distal end position information by acquiring the endoscopic image that is obtained by projection of the pattern light and that is the distal end position information (see at least figs. 1-2 & 4; par 0035, 0040-0045, 0047, 0070 & 0074-0077). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Walters as modified by Chang wherein the endoscope includes, at a distal end portion, a pattern light projection device configured to project pattern light, and acquires the distal end position information of the endoscope based on the three-dimensional shape data by acquiring an endoscopic image that is obtained by projection of the pattern light, and the processor that is connected to the endoscope determines the distal end position data of the endoscope from the distal end position information by acquiring the endoscopic image that is obtained by projection of the pattern light and that is the distal end position information as taught by Komp since such a modification would amount to applying a known technique (i.e., as taught by Komp) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as optionally or additionally determining the position of the endoscope based on a comparison of intra-operative and pre-operative 3D image data (see at least par 0074 of Komp)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walters et al. (US 2019/0254649) (“Walters” hereinafter) in view of Chang et al. (US 2010/0268245) (“Chang” hereinafter) further in view of Bianchi et al. (US 2020/0129239) (“Bianchi” hereinafter).
Walters as modified by Chang discloses the biopsy support system according to claim 6, that fails to explicitly teach a system wherein the biopsy instrument is forceps.
However, Bianchi teaches that it is known to provide a system (shown in figs. 2A-B) wherein the biopsy instrument 226 is forceps (see at least par 0044).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Walters as modified by Chang wherein the biopsy instrument is forceps as taught by Bianchi since such a modification would amount to applying a known technique (i.e., as taught by Bianchi) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as providing a known alternative medical instrument or tool used to remove tissue sample or a sampling of cells from a target anatomic location (see at least par 0044 & 0068 of Bianchi)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walters et al. (US 2019/0254649) (“Walters” hereinafter) in view of Chang et al. (US 2010/0268245) (“Chang” hereinafter) further in view of Vertikov (US 2019/0142528).
Walters as modified by Chang discloses the biopsy support system according to claim 6, that fails to explicitly teach a system wherein the biopsy instrument is forceps.
However, Vertikov teaches that it is known to provide a system (shown in figs. 1A-C & 2A-C) wherein the biopsy instrument is forceps (see at least par 0003 & 0044).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the system of Walters as modified by Chang wherein the biopsy instrument is forceps as taught by Vertikov since such a modification would amount to applying a known technique (i.e., as taught by Vertikov) to a known device (i.e., as taught by Walters) ready for improvement to achieve a predictable result such as providing a known alternative medical instrument or tool used to remove tissue sample or a sampling of cells from a target anatomic location (see at least par 0044 & 0068 of Bianchi)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Conclusion
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/RENE T TOWA/ Primary Examiner, Art Unit 3791
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