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 .
Claim Objections
Claims 1-21 are objected to because of the following informalities:
Claim 1 recites “each planned ablation probe” in line 11, which should read “each of the one or more planned ablation probes” in order to provide proper antecedence.
Claim 1 recites “the subject patient” in line 13, which should read “a subject patient” in order to provide proper antecedence.
Claim 14 recites “each planned ablation probe” in line 11, which should read “each of the one or more planned ablation probes” in order to provide proper antecedence.
Claim 14 recites “the subject patient” in line 13, which should read “a subject patient” in order to provide proper antecedence.
Appropriate correction is required.
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)(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.
(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.
Claims 1-7 and 10-21 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Devashree et al (2020/0281658).
Referring to claims 1 and 14, Devashree et al teaches a method of planning a microwave ablation procedure and a processor comprising: uploading a pretreatment scan to a control system of an energy delivery system (paragraph 0013); displaying the pretreatment scan on a display of the control system (paragraphs 0050, 0054 and 0068-0070); analyzing the pretreatment scan and identifying a target tissue region that includes a disorder (paragraphs 0056, 0069-0070); creating and graphically displaying a digital target area on the pretreatment scan and relative to the target tissue region (paragraphs 0013, 0070-0074); planning and graphically depicting on the pretreatment scan a target path for one or more planned ablation probes relative to the target tissue region (paragraph 0013, 0074-0075; creating a planned ablation zone for each planned ablation probe based on one or more user-selected parameters (paragraphs 0013-0015, 0082-0084); placing one or more actual ablation probes in the subject patient relative to the target tissue region (paragraphs 0014, 0056 and 0103); obtaining a probe scan of the subject patient that detects the one or more actual ablation probes (paragraphs 0049 and 0104); and assigning the planned ablation zone for the one or more planned ablation probes to the one or more actual probes (paragraphs 0061 and 0097-0099) (Figures 1-12B).
Referring to claim 2, Devashree et al teaches wherein the disorder comprises at least one of a tumor associated with tissue, an organ, a gland, a blood vessel, bone, and any combination thereof (paragraphs 0010, 0011 and 0043).
Referring to claim 3, Devashree et al teaches wherein creating the digital target area comprises digitally drawing the digital target area on the pretreatment scan (paragraph 0084).
Referring to claims 4 and 15, Davashree et al teaches wherein planning the target path for the one or more planned ablation probes comprises: setting a distal end of the one or more planned ablation probes at or within the digital target area; setting a proximal end of the one or more planned ablation probes at a location proximal to the digital target area and outside of a body of the subject patient; and generating and graphically depicting a line extending between the distal and proximal ends (paragraphs 0074; Figures 12A).
Referring to claims 5, 16 and 17, Davashree et al teaches wherein graphically depicting broken portions of the line corresponding to portions of the target path that reside behind, or in front of, a plane of the pretreatment scan; graphically depicting solid portions of the line corresponding to portions of the target path that reside in the plane of the pretreatment scan; calculating a distance from the distal end to a point at which the target path exits a skin of the subject patient; and displaying a numerical value of the distance on the pretreatment scan (paragraphs 0088, 0110; Figure 11A).
Referring to claims 6, 7 and 18, Davashree et al teaches identifying and displaying one or more critical pathway regions along the target path for at least one of the one or more planned ablation probes and wherein the one or more critical pathway regions are selected from the group consisting of a dense or high-density area, vasculature, a major organ, a collecting system in the kidney, portions of the lung, and any combination thereof (paragraph 0088).
Referring to claims 10 and 19, Davashree et al teaches creating the planned ablation zone for each planned ablation based on a type of tissue or organ in which the digital target area is located (paragraphs 013-0015, 0019, 0061 and 0068-0070).
Referring to claims 11 and 20, Davashree et al teaches obtaining the probe scan of the subject patient comprises: uploading the probe scan to the control system; overlaying placement of the one or more actual ablation probes on the pretreatment scan; and comparing placement of the one or more actual ablation probes against the digital target area and the target path of the one or more planned ablation probes (paragraph 0088, 0104-0109).
Referring to claims 12 and 13, Davashree et al teaches wherein assigning the planned ablation zone for the one or more planned ablation probes to the one or more actual probes comprises: matching the one or more actual ablation probes to the one or more planned ablation probes based on a matching algorithm; and transferring the one or more user-selected parameters of the planned ablation zones to the one or more actual ablation probes; adjusting the one or more user-selected parameters and thereby altering a size of the planned ablation zone relative to the digital target area (paragraph 0088, 0104-0109; Figures 1-12B).
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.
Claims 8 and 9 rejected under 35 U.S.C. 103 as being unpatentable over Devashree et al (2020/0281658) as applied to claim 1 above, and further in view of Andrea Borsic (2019/0371474).
Referring to claims 8 and 9, Devashree et al fails to teach user-selected parameters. Borsic teaches an analogous method of planning a microwave ablation procedure comprising wherein the one or more user-selected parameters are selected from the group consisting of a length of the one or more planned ablation probes, a model of the one or more planned ablation probes, a desired ablation time, and a desired power output for the one or more planned ablation probes and adjusting the one or more user-selected parameters of at least one of the one or more planned ablation probes and thereby altering a size of the planned ablation zone (paragraphs 0048-0049). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of planning a microwave ablation procedure, as taught by Devashree et al, to select one or more user-selected parameters, as taught by Borsic, in order to allow the operator to modify the procedure to various surgical needs.
Conclusion
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/SAMANTHA M GOOD/Examiner, Art Unit 3794
/MICHAEL F PEFFLEY/Primary Examiner, Art Unit 3794