Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/05/2025 has been entered.
Response to Arguments
Applicant's arguments page 1 filed 11/05/2025 have been fully considered but they are not persuasive as Clauson et al. (10,881,323) further discloses the amended claim features applied to the rejections of claims 1, 3, 4 and 7 below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Clauson et al.(10,881,323).
Regarding claim 1, Clauson et al. discloses a magnetometer-based magnetic material detection device, comprising: a handle (102); a shaft (131) extending from the handle (102); a distal sensing portion (206) positioned distally of the shaft (131), wherein the distal sensing portion (206) comprises one or more magnetometers (208, 210), wherein each of the one or more magnetometers (208, 210) comprises one or more axes or channels; and a microcontroller (185) comprising one or more processors and memory units (SRAM, EEPROM)(Col. 14. Lines 28-35), wherein the one or more processors are programmed to execute instructions stored in the memory units (SRAM, EEPROM)(Col. 14. Lines 28-35) to: calculate a detection signal from magnetic field measurements(506)(Fig. 18) obtained from the one or more magnetometers (208, 210), calculate an absolute value of a high pass filtered version of a derivative be programmed to execute instructions to take the derivative or apply a derivative function to or take the derivative of the differential signal to obtain the detection signal”).
Regarding claim 2, Clauson et al. discloses the distal sensing portion (206) comprises two or more magnetometers (208, 210), wherein at least one of the two or more magnetometers (208, 210) is used as a redundant backup magnetometer.
Regarding claim 3, Clauson et al. discloses a handle (102); a shaft (131) extending from the handle (102); a distal sensing portion (206)positioned distally of the shaft (131), wherein the distal sensing portion (206) comprises one or more magnetometers (208, 210), wherein each of the one or more magnetometers (208, 210) comprises one or more axes; an output component (181, 173) configured to generate a user output to alert a user of a detected object; a microcontroller (185) comprising one or more processors and memory units (SRAM, EEPROM)(Col. 14. Lines 28-35), wherein the one or more processors are programmed to execute instructions stored in the memory units (SRAM, EEPROM) (Col. 14. Lines 28-35) to: calculate a detection signal from magnetic field measurements obtained from the one or more magnetometers (208, 210), calculate an absolute value of a high pass filtered version of a derivative The signal filter can comprise a high-pass filter and a low-pass filter (e.g., a second order or two-pole filter). For example, the high-pass filter can get rid of drift and offset and bring the average signal back to zero” col. 2 lines 40-47, the microcontroller 185 is fully programable to take the absolute value of the filtered signal col. 42 lines 9-15), compare the detection signal against a threshold (508) (Fig. 18) (508), and instruct the output component to generate the user output when the detection signal exceeds the threshold (510)).
calculate a maximum sensitivity signal by taking an absolute value of a high pass filtered sum of signals derived from the one or more magnetometers (the microcontroller 185 is fully programable to take the absolute value of the filtered signal col. 42 lines 9-15, the microcontroller 185 can be programmed to execute further instructions to compare the detection signal against a sensitivity or detection threshold. The output component (e.g., speaker and/or LED(s)) can then be instructed to generate a user output (e.g., a beeping sound and/or a bright light) when the detection signal exceeds a sensitivity or detection threshold (to determine maximum sensitivity), When the sensitivity level is at a level 8 or higher, the one or more processors of the microcontroller 185 can be programmed to execute instructions to apply one or more filters to the differential signal to obtain the detection signal col. 35 line 59- col. 36 line 5)), compare the detection signal against a threshold (508)(Fig. 18), and instruct the output component to generate the user output when the detection signal exceeds the threshold; a flexible tubing coupling the distal sensing portion (206)to the shaft (131), wherein the flexible tubing is bendable and comprises a straightened configuration and a bent configuration; wherein the handle (102) further comprises: a trigger (105) configured to control bending of the flexible tubing, wherein the trigger (105) is connected to the flexible tubing by a pull cable extending through the shaft (131) and the flexible tubing, wherein squeezing the trigger (105) pulls the pull cable to bend the flexible tubing, a clocking ring (107) coupled to the shaft (131), wherein the shaft (131) is rotatable with respect to a longitudinal axis of the shaft (131) in response to a rotation of the clocking ring (107), and a locking ring, wherein the locking ring comprises a plurality of locking splines configured to obstruct the clocking ring (107) from rotating, wherein the clocking ring (107) is configured to be pushed in a distal direction to free the clocking ring (107) from the locking splines of the locking ring, and wherein the clocking ring (107) is rotatable after being pushed in the distal direction;
Regarding claim 4, Clauson et al. discloses a test rod (133) configured to translate within or into a sensor housing covering the distal sensing portion (206) to verify a functionality of the metal detection device, and wherein the handle further comprises a test rod (133) slider and wherein the test rod (133) slider is configured to be actuated distally or proximally to translate the test rod (133) axially within the shaft (131).
Regarding claim 5, Clauson et al. discloses the handle (102) further comprises a slider potentiometer (167) (167) coupled via gears to part of the test rod (133) slider.
Regarding claim 6, Clauson et al. discloses the one or more processors of the microcontroller (185) are programmed to execute further instructions to adjust at least one of a tone (Col. 2 lines 57-60), an algorithm choice, an algorithm setting (Note: “at least one of” reads on alternative exclusive embodiments), and a sensitivity level of the device based on one or more movements of the test rod (133) slider as recorded by the slider potentiometer (167).
Claim Rejections - 35 USC § 103
5. 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 of this title, 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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Clauson et al. (10,881,323)
Regarding claim 7, Clauson et al. discloses a magnetometer-based magnetic material detection device, comprising: a handle (102); a shaft (131) extending from the handle (102); a distal sensing portion (206)positioned distally of the shaft (131), wherein the distal sensing portion (206)comprises one or more magnetometers (208, 210), wherein each of the one or more magnetometers (208, 210) comprises at least one axis or channel, and wherein the one or more magnetometers (208, 210) comprises n channels in total; an accelerometer; a gyroscope (a 3-axis accelerometer and a 3-axis gyroscope col. 14 lines 50-52) and a microcontroller (185) comprising one or more processors and memory units (SRAM, EEPROM)(Col. 14. Lines 28-35), wherein the one or more processors are configured to calculate a motion reference signal composed of a high pass filtered gyroscope magnitude and a high pass filtered accelerometer magnitude (microcontroller to apply a high-pass filter to the differential signal to obtain a detection signal col. 41 lines 57-64, where the microcontroller 185 is programed for the motion signal from accelerometer and gyroscope of the IMU 159, which shows the high pass filter inherently applied to the motion signal from accelerometer and gyroscope col. 43 lines 58-63), wherein the one or more processors are programmed to execute instructions stored in the memory units (SRAM, EEPROM)(Col. 14. Lines 28-35) to: (i) calculate (504)(Fig. 18) a first filtered signal (Col. 41 lines 64-67) from magnetic field measurements obtained from a first channel of the n channels, (ii) calculate a second filtered signal from magnetic field measurements obtained from a second channel of the n channels (Col. 41 lines 64-67), (iii) compare the first filtered signal (708) with the second filtered signal; (iv) calculate a comparison value based on the first filtered signal and the second filtered signal, (v) repeat steps (i)-(iv) for all other unique pairings of channels of the n channels to yield a plurality of comparison values, and (vi) instruct an output component to generate a user output when a majority of the plurality of comparison values exceed a predetermined threshold.
Clauson et al does not explicitly teach a sum of an individual accelerometer absolute value of a derivative signal and an individual gyroscope absolute value of the derivative signal.
However, Clauson et al expressly teaches generating a raw motion signal from both accelerometer and gyroscope channels of IMU 159 “a raw motion signal calculated from data received from the accelerometer and gyroscope of the IMU 159” col. 44 (lines 33-40), and further teaches motion blocker scaling responsive to “heightened motion” from the IMU 159 “When the motion signal exceeds a preset or predetermined motion threshold” col. 43 lines 57-65, col. 44 lines 15-20, and further derivative based detection process “apply a derivative to the differential signal to obtain the detection signa” col. 43 lines 20-25. In view of these it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the derivative magnitudes of accelerometer and gyroscope date via absolute value summation a well known and predictable IMU motion fusion technique when forming the unified motion reference signal to provide the recognized benefit of producing a more stable , direction insensitive motion magnitude, minimizing positive/negative cancellations and improving reliability of motion detection.
Regarding claim 8, Clauson et al. discloses the comparison value is a ratio (Col. 34 lines 10-12).
Examiner Notes
6. Examiner cites particular columns and line numbers in the references as applied to
the claims above for the convenience of the applicant. Although the specified citations
are representative of the teachings in the art and are applied to the specific limitations
within the individual claim, other passages and figures may apply as well. It is
respectfully requested that, in preparing responses, the applicant fully consider the
references in its entirety as potentially teaching all or part of the claimed invention, as
well as the context of the passage as taught by the prior art or disclosed by the
examiner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Weprin (U.S. Publication 20170347915) discloses Magnetometer Surgical Device.
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/TAQI R NASIR/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858