NON-FINAL REJECTION
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7-10, 12, and 13 of U.S. Patent No. 11,733,881 in view of Elbert, US 2014/0343433 A1 (hereinafter “Elbert”).
Instant Application (18/236,015)
Reference Patent (11,733,881)
1. A system, comprising:
an intravascular catheter or guidewire configured to be positioned inside a blood vessel of a patient and obtain at least one of intravascular pressure data, intravascular flow data, or intravascular imaging data while positioned inside the blood vessel,
wherein the intravascular catheter or guidewire comprises a memory;
a controller configured to:
output a first signal;
output a different, second signal indicating a read operation to read data stored on the memory or a write operation to write to the memory; and
a voltage switch configured to be responsive to the second signal such that:
when the second signal indicates the read operation, the voltage switch is configured to cause the first signal to be provided to the memory at a first voltage to perform the read operation; and
when the second signal indicates the write operation, the voltage switch is configured to cause the first signal to be provided to the memory at a different, second voltage to perform the write operation.
1. A sensing system, comprising;
a patient interface module (PIM) communicatively disposed between a processing system and
a sensing device configured to obtain measurement data associated with a body of a patient while positioned within the body,
[see discussion below]
the sensing device comprising a memory,
wherein the patient interface module comprises:
a controller operable to:
output a first signal comprising a first voltage;
output a different, second signal indicating a read operation for the PIM to read data stored on the memory or a write operation for the PIM to write to the memory; and
a voltage switch, wherein the voltage switch configured to be responsive to the second signal such that:
when the second signal indicates the read operation, the voltage switch maintains the first signal at the first voltage such that the PIM outputs the first signal at the first voltage to the memory to perform the read operation; and
when the second signal indicates the write operation, the voltage switch modifies the first signal to have a different, second voltage such that the PIM outputs the first signal at the second voltage to the memory to perform the write operation.
2. The system of claim 1, wherein the controller comprises a field programmable gate array (FPGA).
[Implementing a controller with an FPGA is considered well-understood, routine, and conventional in the art]
3. The system of claim 1 wherein the first signal comprises a bit stream, and wherein the second signal comprises one or more bits.
[Digital signals are considered well-understood routine and conventional. Digital signals are understood as being in the form of bits.]
4. The system of claim 1, further comprising a patient interface module (PIM) configured to be communicatively positioned between a processing system and the intravascular catheter or guidewire, wherein the PIM comprises the controller and the voltage switch.
[see above regarding claim 1]
5. The system of claim 4 wherein the PIM further comprises a power distribution module configured to provide the first voltage and the second voltage, and wherein the PIM is configured to receive power from the processing system.
[implied or otherwise obvious because the voltages must be supplied (distributed) by some sort of source of power]
6. The system of claim 4, further comprising the processing system.
10. The system of claim 1, further comprising: the sensing device; and the processing system.
7. The system of claim 1, wherein the memory comprises an electrically erasable programmable read-only memory (EEPROM).
9. The system of claim 1, wherein the memory comprises an EEPROM.
8. The system of claim 1, wherein the voltage switch comprises a plurality of transistors.
2. The system of claim 1, wherein the voltage switch comprises a plurality of electronic components.
3. The system of claim 2, wherein the plurality of electronic components comprises a plurality of transistors.
9. The system of claim 8
wherein the controller is configured to output the first signal on a first signal path and output the second signal on a second signal path,
wherein a first transistor of the plurality of transistors is positioned on the first signal path,
wherein a second transistor of the plurality of transistors is positioned on the second signal path.
[having separate signal paths for separate signals respectively (in this case, the first signal and second signal) is considered well-understood, routine, and conventional]
10. The system of claim 1, wherein the second voltage is associated with disabling further operation of the intravascular catheter or guidewire.
13. The system of claim 1, wherein the controller is further operable to transmit, after the read operation is performed, a control signal to the sensing device to control the sensing device to obtain the measurement data, wherein the write operation is configured to disable further operation of the sensing device, after the sensing device obtains the measurement data.
11. The system of claim 1, wherein the second voltage is associated with writing a time and/or date stamp to the memory.
7. The system of claim 1, wherein the second voltage is associated with a command to write a date stamp to the memory.
12. The system of claim 11, wherein the time and/or date stamp is representative of a use time and/or date of the intravascular catheter or guidewire to obtain at least one of the intravascular pressure data, the intravascular flow data, or the intravascular imaging data.
8. The system of claim 7, wherein the date stamp is representative of a use date of the sensing device to obtain the measurement data.
13. The system of claim 1, wherein the voltage switch is communicatively positioned between the controller and the intravascular catheter or guidewire.
12. The system of claim 1, wherein the voltage switch is communicatively disposed between the controller and the sensing device.
Although the sensing device of claim 1 of the Reference Patent is not claimed as an intravascular catheter or guidewire configured to be positioned inside a blood vessel of a patient and obtain at least one of intravascular pressure data, intravascular flow data, or intravascular imaging data while positioned inside the blood vessel, this is known from Elbert (catheter 102, Fig. 1, ¶ [0017]; catheter 602, Fig. 6).
It would have been obvious for the sensing device to be an intravascular catheter or guidewire configured to be positioned inside a blood vessel of a patient and obtain at least one of intravascular pressure data, intravascular flow data, or intravascular imaging data while positioned inside the blood vessel in order to provide said catheter or guidewire with a means disable subsequent use thereof.
Allowable Subject Matter
Claims 1-13 would be allowable if a proper terminal disclaimer is filed to overcome the non-statutory double patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1: Within the context of a system, comprising:
an intravascular catheter or guidewire configured to be positioned inside a blood vessel of a patient and obtain at least one of intravascular pressure data, intravascular flow data, or intravascular imaging data while positioned inside the blood vessel, wherein the intravascular catheter or guidewire comprises a memory; and
a controller, configured to:
output a first signal;
output a different, second signal indicating a read operation to read data stored on the memory or a write operation to write to the memory; and
the prior art of record does not teach or reasonably suggest to the ordinarily skilled artisan that the system further comprises:
a voltage switch configured to be responsive to the second signal such that:
when the second signal indicates the read operation, the voltage switch is configured to cause the first signal to be provided to the memory at a first voltage to perform the read operation; and
when the second signal indicates the write operation, the voltage switch is configured to cause the first signal to be provided to the memory at a different, second voltage to perform the write operation.
The Elbert, Takata, Reuss, Kushnarenko, and Magee, references (cited in the IDS) are cited as prior art closest to the claimed invention as discussed in the prior-filed application1. However, none of these references, either alone or combined, teaches the allowable subject matter identified above. It is noted that the prior-filed application was allowed for the same reason.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN T. SAKAMOTO whose telephone number is (571)272-4958. The examiner can normally be reached Monday - Friday, ~9AM-5PM Pacific.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KEITH M. RAYMOND can be reached at (571) 270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
COLIN T. SAKAMOTO
Primary Examiner
Art Unit 3798
/COLIN T. SAKAMOTO/Primary Examiner, Art Unit 3798
7 March 2026
1 16/756,354 which has been granted as US Patent 11,733,881