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 .
Election/Restrictions
Applicant's election with traverse of Species II, corresponding to fig. 9 and Species B, corresponding to fig. 10 in the reply filed on 07/17/2026 is acknowledged. The traversal is on the ground that the subject matter of all the species is sufficiently related that a thorough search for the subject matter of any one species would encompass a search for the subject matter of the remaining claims and species. This is not found persuasive because as indicated in the restriction requirement, at least different search strategies are required for the different navigation processes (all of which comprise different steps) and the different configurations of the medical system.
Furthermore, Examiner notes that, Applicant’s response to the restriction requirement identifies figs. 9 and 10 as the elected Species II and Species B, respectively and corresponding claims as 1-12 and 17-20. The specification denotes figs. 9 and 10 as corresponding to a Second Embodiment ([0061]-[0065]). However, the claims 4-6, 8-12, and 17-19 along with claims 13-16 do not belong to the elected Species II and Species B. Therefore, the non-elected claims, per Applicant’s election of species comprises claims 4-6, 8-19.
The requirement is still deemed proper and is therefore made FINAL.
Status of Claims
Claims 1-20 are pending
Claims 4-6, 8-19 are withdrawn from prosecution for not belonging to elected Species II (fig. 9) and Species B (fig. 10).
Claims 1-3, 7 and 20 are rejected.
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.
Claims 1-3 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawai, T., US 20150054445 A1.
Regarding claim 1, Kawai teaches a medical system (abstract discloses an endoscope system) comprising:
a computer having a CPU programmed (CPU in [0063]) to:
acquire distal end rotation information regarding a rotation movement of a distal end part of a medical device, the distal end part to be inserted into a living body ([0008]); and
acquire proximal end rotation information regarding a rotation movement of a proximal end part of the medical device, the proximal end part to be operated by an operator ([0008]).
Regarding claim 2, Kawai further teaches wherein the CPU is further programmed to: derive, by using the proximal end rotation information and the distal end rotation information, a correspondence relation between the rotation movement of the proximal end part of the medical device and the rotation movement of the distal end part of the medical device following the rotation movement of the proximal end part ([0035]).
Regarding claim 3, Kawai further teaches wherein the CPU is further programmed to: output, by using the derived correspondence relation, a request operation of the proximal end part of the medical device, which is estimated with respect to a target operation of the distal end part of the medical device ([0008]).
Regarding claim 20, Kawai teaches a navigation method (abstract disclose driving an electric endoscope) comprising:
acquiring distal end rotation information regarding a rotation movement of a distal end part of a medical device to be inserted into a living body ([0008]); and
acquiring proximal end rotation information regarding a rotation movement of a proximal end part of the medical device to be operated by an operator ([0008]).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kawai in view of Kunis, et al., US 20110106074 A1.
Regarding claim 7, Kawai teaches all the limitations of claim 2 above.
Kawai does not teach that wherein the CPU is configured to derive the correspondence relation by further using information regarding a shape of a blood vessel of the living body and information regarding a physical property of the medical device.
However, within the same field of endeavor, Kunis teaches an ablation catheter for an operator to treat a patient with an arrhythmia. The catheter includes an elongate, flexible tubular body member have a proximal end, a distal end and a lumen therebetween. The catheter further includes a control shaft, coaxially disposed and slidingly received with the lumen of the tubular body member ([0009]). Kunis further notes that the catheters comprise a tubular body member having a proximal end and distal end and preferably a lumen extending therebetween ([0053]) and then teaches wherein the CPU is configured to derive the correspondence relation by further using information regarding a shape of a blood vessel of the living body and information regarding a physical property of the medical device by disclosing in [0098] that The rotation of proximal arm segment 104 and distal arm segment 114 can also be performed to more properly match the contour of a non-circular pulmonary vein ostium.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Kawai, wherein the CPU is configured to derive the correspondence relation by further using information regarding a shape of a blood vessel of the living body and information regarding a physical property of the medical device, as taught by Kunis, for improved navigations during treatment ([0008]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Farouk A Bruce whose telephone number is (408)918-7603. The examiner can normally be reached Mon-Fri 8-5pm PST.
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
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