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 .
Response to Amendment
Applicant’s amendment filed 12/16/2025 is acknowledged.
In light of the applicant’s amendments and remarks, the claim interpretation under 112f is withdrawn.
Claims 1-4, 6, 7, and 9-15 remain pending in the current application.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6, 7, and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Loo (US 20210251695 A1) in view of Bechtold (US 20130109920 A1)
Regarding claim 1, Loo teaches a system comprising a magnetic detection unit ([0039] The motion sensing module 120 is a module capable of sensing a motion state of the flexible insertion tube 110 by a change in light intensity or a magnetic field)
an instrument that has an elongated shape and is used by being relatively moved with respect to the magnetic detection unit ([0024] FIG. 1A is a schematic application diagram of an endoscopy system applied to a human body according to an embodiment of the disclosure)
and a processor ([0039] a processor 129)
wherein the instrument includes a member that extends in a longitudinal direction and has a magnetic pattern formed along the longitudinal direction ([0041] The patterns 124 are disposed at a surface of the flexible insertion tube 110 according to an axial orientation distribution and an angle distribution based on the central axis CA. Specifically, the so-called “disposed at a surface S of the flexible insertion tube 110 according to an axial orientation distribution” means that the patterns 124 are disposed at the surface S of the flexible insertion tube 110 along an axial orientation of the central axis CA according to a specific pitch distribution)
the magnetic detection unit comprises at least one magnetic sensor and is configured to detect a first magnetic flux density in a first direction and a second magnetic flux density in a second direction intersecting the first direction at a plurality of positions along the longitudinal direction of the member ([0071] magnetic field change of the magnetic patterns 124b caused by the relative motion, and an axial motion sensing result and a rotating motion sensing result are obtained accordingly)
Loo fails to teach the processor is configured to determine a movement state of the instrument in the longitudinal direction by using a combination of first information obtained by classifying the first magnetic flux density according to a magnitude thereof and second information obtained by classifying the second magnetic flux density according to a magnitude thereof, which are detected by the magnetic detection unit.
However, Bechtold teaches the processor is configured to determine a movement state of the instrument in the longitudinal direction by using a combination of first information obtained by classifying the first magnetic flux density according to a magnitude thereof and second information obtained by classifying the second magnetic flux density according to a magnitude thereof, which are detected by the magnetic detection unit ([0021] A method for navigating an endoscopic capsule through an external second magnetic field having a second magnetic flux density for supplying power to a marker coil of the endoscopic capsule is also provided. The method includes a determination of a position and/or orientation of the endoscopic capsule. At least one sensor coil pair is arranged outside of the endoscopic capsule. The at least one sensor coil pair includes a first sensor coil and a second sensor coil. The first sensor coil and the second sensor coil are electrically connected to one another and arranged at locations with the same second magnetic flux density; [0036] in FIG. 3, both a magnetic field of an energy coil 4 with a second magnetic flux B1 and also a magnetic field of a driving coil 3 is present with a first magnetic flux density B1 . The sensor coil pair 2 (A, B, . . . F) is passed through in this arrangement by the same first magnetic flux density B1 and the same second magnetic flux density B2).
Loo and Bechtold are considered analogous because both disclose medical navigation methods that use magnetic fields. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to configure coils to generate two magnetic flux densities with equal magnitudes yet oriented in different directions for tracking an instrument in order to reduce the influence of external magnetic fields on sensor coils (Bechtold [0013]).
Regarding claim 2, Loo teaches the first direction is a direction different from a radial direction and a circumferential direction of the instrument, and the second direction is a direction different from the circumferential direction and the longitudinal direction of the instrument ([0071] magnetic field change of the magnetic patterns 124b caused by the relative motion, and an axial motion sensing result and a rotating motion sensing result are obtained accordingly)
Regarding claim 3, Loo teaches wherein the first direction is the longitudinal direction, andthe second direction is the radial direction ([0071] magnetic field change of the magnetic patterns 124b caused by the relative motion, and an axial motion sensing result and a rotating motion sensing result are obtained accordingly)
Regarding claim 4, Loo teaches wherein the processor determines a movement direction of the instrument in the longitudinal direction based on the first magnetic flux density and the second magnetic flux density ([0058] It is to be noted that the above calculation mode is only an example, and in other embodiments, the same parameters (i.e., axial orientation distribution, angle distribution and motion-state sensing result) may also be used to obtain insertion depth information and insertion tube rotating angle information by using different calculation modes. The disclosure is not limited thereto; [0071] magnetic field change of the magnetic patterns 124b caused by the relative motion, and an axial motion sensing result and a rotating motion sensing result are obtained accordingly).
Regarding claim 6, Loo teaches wherein the magnetic pattern includes a pattern in which two types of magnetic pole regions are arranged along the longitudinal direction and the processor determines a movement amount of the instrument in the longitudinal direction with a resolution finer than an interval between the two types of magnetic pole regions adjacent to each other, based on the first magnetic flux density and the second magnetic flux density ([0070] a motion sensing module 120b in the endoscopy system 100b is a magnetic field motion sensing module. In detail, the patterns are a plurality of magnetic patterns 124b, and the sensors 128b are a plurality of induction coils C. That is, the depth sensors 1281b are a plurality of depth induction coils C1, and the rotating angle sensors 1282b are a plurality of rotating angle induction coils C2. For example, the magnetic pattern 124b has, but not limited to, two magnetic lines)
Regarding claim 7, Loo teaches wherein the processor is configured to classify the first magnetic flux density into a plurality of pieces of information according to magnitude thereof, and classifies the second magnetic flux density into a plurality of pieces of information according to magnitude thereof, and determine the movement state of the instrument in the longitudinal direction based on a combination of any of the plurality of pieces of information obtained by classifying the first magnetic flux density and any of the plurality of pieces of information obtained by classifying the second magnetic flux density ([0056] the processor 129 will also consider phase factors of the signals measured by the sensors 128 to obtain more accurate insertion depth information and insertion tube rotating angle information. Referring to FIG. 1C, a spatial frequency of the sensors 128 and a spatial frequency of the patterns 122 are different from each other…processor 129 may further generate a depth coding function for the depth sensors 12811-12819 according to different signal phases, thereby obtaining more accurate insertion depth information. Similar to the method shown in FIG. 2C, the processor 129 may also further generate an angle coding function for the rotating angle sensors 1282 according to different signal phases, thereby obtaining more accurate insertion rotating angle information)
Regarding claim 9, Loo teaches wherein the processor classifies the first magnetic flux density based on a first threshold value related to magnitude of a magnetic flux density, and classifies the second magnetic flux density based on a second threshold value related to magnitude of a magnetic flux density, and the processor determines the first threshold value and the second threshold value based on the magnetic flux density detected from the member by the magnetic detection unit ([0056] the processor 129 will also consider phase factors of the signals measured by the sensors 128 to obtain more accurate insertion depth information and insertion tube rotating angle information. Referring to FIG. 1C, a spatial frequency of the sensors 128 and a spatial frequency of the patterns 122 are different from each other…processor 129 may further generate a depth coding function for the depth sensors 12811-12819 according to different signal phases, thereby obtaining more accurate insertion depth information. Similar to the method shown in FIG. 2C, the processor 129 may also further generate an angle coding function for the rotating angle sensors 1282 according to different signal phases, thereby obtaining more accurate insertion rotating angle information)
Regarding claim 10, Loo teaches wherein the magnetic detection unit is further configured to detect a third magnetic flux density in a third direction different from a radial direction and the longitudinal direction of the instrument, and the processor is configured to determine a rotation state of the instrument in a circumferential direction based on the second magnetic flux density and the third magnetic flux density which are detected by the magnetic detection unit ([0073] In addition, the rotating angle sensors may be configured to sense a rotating motion state of the patterns to determine insertion tube rotating angle information of the flexible insertion tube into the human body).
Regarding claim 11, Loo teaches wherein the magnetic pattern has a configuration in which a plurality of magnetic pole portions in which two types of magnetic pole regions are alternately arranged along the circumferential direction of the instrument are arranged in the longitudinal direction, and the processor determines a rotation amount of the instrument in the circumferential direction with a resolution finer than an interval between the two types of magnetic pole regions adjacent to each other in the circumferential direction, based on the second magnetic flux density and the third magnetic flux density ([0070] a motion sensing module 120b in the endoscopy system 100b is a magnetic field motion sensing module. In detail, the patterns are a plurality of magnetic patterns 124b, and the sensors 128b are a plurality of induction coils C. That is, the depth sensors 1281b are a plurality of depth induction coils C1, and the rotating angle sensors 1282b are a plurality of rotating angle induction coils C2. For example, the magnetic pattern 124b has, but not limited to, two magnetic lines)
Regarding claim 12, Loo teaches the magnetic detection unit includes a first magnetic detection unit and a second magnetic detection unit which are arranged along a circumferential direction of the instrument ([0061] the endoscopy system 100 may further optionally include first to third angle sensors AG1-AG3)
the first magnetic detection unit and the second magnetic detection unit each detect a third magnetic flux density in a third direction different from a radial direction and the longitudinal direction of the instrument, and the processor determines a rotation state of the instrument in the circumferential direction based on the third magnetic flux density detected by the first magnetic detection unit and the third magnetic flux density detected by the second magnetic detection unit ([0073] a plurality of patterns of a motion sensing module is disposed at a surface of a flexible insertion tube according to an axial orientation distribution and an angle distribution, and a plurality of sensors is disposed in a housing and located beside a guiding hole. Therefore, a distance or angle relationship specified by the patterns is used as a quantitative basis for the description of a location or a motion state. During the relative motion of the flexible insertion tube with respect to the motion sensing module via the guiding hole, the sensors may sense a motion state of the patterns so as to obtain a motion-state sensing result. The sensors may sense the motion state of the patterns by optical changes or magnetic field changes of the patterns. Moreover, the sensors are further divided into a plurality of depth sensors and a plurality of rotating angle sensors according to different sensing functions. The depth sensors are disposed in an extension direction of the guiding hole. The rotating angle sensors are disposed around the guiding hole. When the flexible insertion tube undergoes relative motion with respect to the motion sensing module, the depth sensors may be configured to sense an axial motion state of the patterns to determine insertion depth information of the flexible insertion tube into a human body. In addition, the rotating angle sensors may be configured to sense a rotating motion state of the patterns to determine insertion tube rotating angle information of the flexible insertion tube into the human body)
Regarding claim 13, Loo teaches wherein the instrument is an insertion part, which is inserted into a body, of a medical device including the insertion part (Fig. 1A)
Regarding claim 14, Loo teaches wherein the medical device is an endoscope ([abst] an endoscopy system)
Regarding claim 15, Loo teaches wherein the insertion part of the endoscope includes a distal end portion and a flexible portion, and the member is provided in the flexible portion ([0037] flexible insertion tube 110; [0051] the distal segment DS of the flexible insertion tube 110 is connected to the bending segment BS)
Response to Arguments
Applicant’s arguments, see pages 11-12, filed 12/16/2025, with respect to the rejection of independent claim 1 under 35 USC 102 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 the newly uncovered Bechtold reference, which teaches a method of navigating an endoscopic capsule, a process that by definition tracks the motion of said endoscopic capsule, through the use of two magnetic fields with two magnetic flux densities that are equal in magnitude yet different directions, a process analogous to the one the processor is configured to carry out as drafted in newly amended independent claim 1. As a result, the claims remain rejected under 35 USC 103.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL VICTOR POPESCU whose telephone number is (571)272-7065. The examiner can normally be reached M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIEL VICTOR POPESCU/Examiner, Art Unit 3798
/SERKAN AKAR/Primary Examiner, Art Unit 3797