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 .
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.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spector et al., (US 20140200429; hereinafter Spector) in view of Ben-Haim et al., (US 6892091; hereinafter Ben-Haim).
Regarding claims 1 and 3, Spector (Figure 55) discloses a method for detecting a filament (electrical circuit core) causing arrhythmia in a heart of a subject ([0011]), the method comprising: receiving, at one or more processors, electrical signal data from a plurality of electrodes ([0012]); filtering, in the one or more processors, the electrical signal data ([0012]); linearly interpolating, in the one or more processors, the electrical signal data, based on the source electrode or electrodes producing the electrical signal data ([0013]-[0014]); applying, in the one or more processors, phase transformation to electrical signal data and developing a 3-dimensional cubic phase map of the transformed electrical signal data ([0013]-[0014], [0141], [0359]); and identifying, in the one or more processors, with the 3-dimensional cubic phase map one or more singularity points each indicating a filament (electrical circuit core) of electrical activity in the heart ([0358]-[0359]).
Spector fails to disclose the plurality of electrodes defining a 3-dimensional volumetric space disposed within the catheter, wherein the plurality of electrodes are disposed within a catheter having a housing that is hollow; wherein the plurality of electrodes comprises a plurality of sensing electrodes disposed near an outer wall of a housing of the catheter and at least one active electrode spaced inside the plurality of outer electrodes. However, Ben-Haim (Figures 1-3C) teaches a method for mapping/ablating in a heart of a subject, wherein the method comprises using a plurality of electrodes (central electrode 24 and non-contact electrodes 25) defining a 3-dimensional volumetric space disposed within a catheter (20), wherein the plurality of electrodes (central electrode 24 and non-contact electrodes 25) are disposed within a catheter having a housing (22) that is hollow; wherein the plurality of electrodes (central electrode 24 and non-contact electrodes 25) comprises a plurality of sensing electrodes (25) disposed near an outer wall of a housing (22) of the catheter (20) and at least one active electrode (25) spaced radially inside the plurality of sensing electrodes (25) when viewed in the longitudinal direction, (Col. 7, line 47 – Col. 8, line 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Spector to include the plurality of electrodes defining a 3-dimensional volumetric space disposed within the catheter, wherein the plurality of electrodes comprises a plurality of sensing electrodes disposed near an outer wall of a housing of the catheter and at least one active electrode spaced inside the plurality of sensing electrodes, as taught by Ben-Haim, because the modification would generate an electrical map of a chamber of a heart more rapidly and more accurately (Ben-Haim; Col. 6, lines 48-60).
Spector/Ben-Haim fails to teach wherein the plurality of electrodes are disposed within a catheter having a housing that is hollow and that has one or more openings at a distal end for fluid flow into the catheter. However, Grunewald (Figures 5-6) teaches a method for mapping/ablating, wherein a plurality of electrodes (20) are disposed within a catheter (10) having a housing (53) that is hollow and that has one or more openings (60) at a distal end for fluid flow into the catheter (10), ([0104]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Spector/Ben-Haim to include the plurality of electrodes disposed within a catheter having a housing that is hollow and that has one or more openings at a distal end for fluid flow into the catheter, as taught by Grunewald, because the modification would provide many benefits including cooling of the electrode and tissue which prevents overheating of tissue that can otherwise cause the formation of char and coagulum and even steam pops (Grunewald; [0004]).
Regarding claim 2, Spector (Figure 55) further discloses wherein the filtering comprises applying a low pass filter to the electrical signal data ([0014]: a Wiener filter is applied, which is a low pass filter).
Regarding claim 4, Spector (Figure 55) further discloses adjusting a biasing voltage on the at least one active electrode to identify the one or more singularity points and/or to track the one or more singularity points ([0139], [0273]).
Regarding claims 5 and 7, Spector (Figure 55) discloses a method for detecting an ectopy (electrical circuit core) causing arrhythmia in a heart of a subject ([0011]), the method comprising: receiving, at one or more processors, electrical signal data from a plurality of electrodes ([0012]); filtering, in the one or more processors, the electrical signal data ([0012]); linearly interpolating, in the one or more processors, the electrical signal data, based on the source electrode or electrodes producing the electrical signal data ([0013]-[0014]); applying, in the one or more processors, phase transformation to electrical signal data and developing a 3-dimensional cubic phase map of the transformed electrical signal data ([0013]-[0014], [0141], [0359]); and identifying, in the one or more processors, with the 3-dimensional cubic phase map one or initial activation points each indicating an ectopy (electrical circuit core) of electrical activity in the heart ([0358]-[0359]).
Spector fails to disclose the plurality of electrodes defining a 3-dimensional volumetric space disposed within the catheter, wherein the plurality of electrodes are disposed within a catheter having a housing that is hollow; wherein the plurality of electrodes comprises a plurality of sensing electrodes disposed near an outer wall of a housing of the catheter and at least one active electrode spaced inside the plurality of outer electrodes. However, Ben-Haim (Figures 1-3C) teaches a method for mapping/ablating in a heart of a subject, wherein the method comprises using a plurality of electrodes (central electrode 24 and non-contact electrodes 25) defining a 3-dimensional volumetric space disposed within a catheter (20), wherein the plurality of electrodes (central electrode 24 and non-contact electrodes 25) are disposed within a catheter having a housing (22) that is hollow; wherein the plurality of electrodes (central electrode 24 and non-contact electrodes 25) comprises a plurality of sensing electrodes (25) disposed near an outer wall of a housing (22) of the catheter (20) and at least one active electrode (25) spaced radially inside the plurality of sensing electrodes (25) when viewed in the longitudinal direction, (Col. 7, line 47 – Col. 8, line 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Spector to include the plurality of electrodes defining a 3-dimensional volumetric space disposed within the catheter, wherein the plurality of electrodes comprises a plurality of sensing electrodes disposed near an outer wall of a housing of the catheter and at least one active electrode spaced inside the plurality of sensing electrodes, as taught by Ben-Haim, because the modification would generate an electrical map of a chamber of a heart more rapidly and more accurately (Ben-Haim; Col. 6, lines 48-60).
Spector/Ben-Haim fails to teach wherein the plurality of electrodes are disposed within a catheter having a housing that is hollow and that has one or more openings at a distal end for fluid flow into the catheter. However, Grunewald (Figures 5-6) teaches a method for mapping/ablating, wherein a plurality of electrodes (20) are disposed within a catheter (10) having a housing (53) that is hollow and that has one or more openings (60) at a distal end for fluid flow into the catheter (10), ([0104]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Spector/Ben-Haim to include the plurality of electrodes disposed within a catheter having a housing that is hollow and that has one or more openings at a distal end for fluid flow into the catheter, as taught by Grunewald, because the modification would provide many benefits including cooling of the electrode and tissue which prevents overheating of tissue that can otherwise cause the formation of char and coagulum and even steam pops (Grunewald; [0004]).
Regarding claim 6, Spector (Figure 55) further discloses wherein the filtering comprises applying a low pass filter to the electrical signal data ([0014]: a Wiener filter is applied, which is a low pass filter).
Regarding claim 8, Spector (Figure 55) further discloses adjusting a biasing voltage on the at least one active electrode to identify the one or more ectopy points and/or to track the one or more ectopy points ([0139], [0273]).
Regarding claim 9, Spector (Figure 55) further discloses moving the 3- dimensional cubic phase map toward the one or more singularity points at a highest dominant frequency ([0291], [0359]).
Regarding claim 10, Spector (Figure 55) further discloses moving the 3- dimensional cubic phase map toward the one or more singularity points at a highest dominant frequency ([0291], [0359]).
Response to Arguments
Applicant’s arguments filed 03/04/2026 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference Grunewald, which teaches a method for mapping/ablating in a heart of a subject, wherein the plurality of electrodes are disposed within a catheter having a housing that is hollow and that has one or more openings at a distal end for fluid flow into the catheter. In combination with Spector/Ben-Haim, the modified method teaches the invention as claimed at least in the present set of claims. However, in order to expedite prosecution, Examiner suggests amending the claims to further define that the housing of the catheter is hollow and open (without more than one opening) at the distal end in order to overcome the presently cited combination of references.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794
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