DETAILED ACTION
Claims 1-20 are pending and hereby under examination.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "10" and “100" have both been used to designate the system, see paragraph 0028. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “computing system 4” in paragraph 0067. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 7 and 17 recite the limitation "the probe-cavity location data" in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, it will be interpreted that the “probe-cavity location data” is the “generated compensated location data” of claims 1 and 11.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bar-Tal (US 20220183669 – cited by Applicant).
Regarding claim 1, Bar-Tal teaches a method comprising:
obtaining respiration data of a patient via at least one sensor (Paragraph 0032, “The term respiratory motion 20 refers to motion that is based on respiration data, which can be gathered or collected in various ways. For example, in one embodiment, probes, sensors, or patches (such as sensors 5 in FIG. 1) are attached to a patient's body or sensors are integrated with the catheter 1 that may be used in conjunction with external sensors 5”);
obtaining probe location data for a probe positioned within a cavity (Paragraph 0035, “The in-heart motion 50 is also referred to as the catheter-heart motion or probe-cavity motion. In one aspect, the in-heart motion 50 is measured in millimeters, but can be measured used any metrics. This motion data can generically refer to any type of motion data for a probe, catheter, or sensor relative to any wall or chamber of a chamber. This data can ultimately be used to determine site stability, specifically relating to ablation in a patient's heart. The in-heart motion 50 is typically important for a surgeon due to this information indicating when the catheter is stable relative to the heart chamber wall. With the in-heart motion 50, it is possible to find a stability point, also known as a stability location or site. This information is important for determining various parameters regarding an ablation lesion, such as location, size, etc.”);
generating compensated location data by compensating the obtained probe location data with the obtained respiration data (Paragraph 0135, “Step 1330 includes generating probe-cavity location data by compensating (e.g., subtracting or adding) the respiration data from the probe location data”); and
producing a mapping based on the generated compensated location data (Paragraph 0136, “In one aspect, markers, tags, or visual indicators are overlaid or inserted onto a three-dimensional mapping or image of the location data and are displayed on a monitor (e.g., monitor 3 in FIG. 1)”).
Regarding claim 2, Bar-Tal further teaches applying a filter to the respiration data (Paragraph 0043).
Regarding claim 3, Bar-Tal further teaches wherein the obtaining respiration data further includes:
obtaining respiration indicators via the at least one sensor (Paragraph 0037, respiration indicators (RI); Paragraph 0042).
Regarding claim 4, Bar-Tal further teaches wherein the obtaining respiration data further includes:
converting the respiration indicators by using singular value decomposition (SVD) to obtain a first Eigenvector (Paragraph 0045) and a first Eigenvector derivative, the first Eigenvector corresponding to a primary respiration signal and the first Eigenvector derivative corresponding to a phase shifted respiration signal (Paragraph 0137).
Regarding claim 5, Bar-Tal further teaches wherein the primary respiration signal and the phase shifted respiration signal are transferred from two dimensions into a three-dimensional ellipsoid based on a correlation matrix (Paragraph 0137, “The method 1300 can include transferring the primary respiration signal and the phase shifted respiration signal from two dimensions into a three-dimensional ellipsoid based on a correlation matrix”).
Regarding claim 6, Bar-Tal further teaches wherein the correlation matrix is determined based on weighted factors including at least one of: age of the respiration data; speed of the probe; and depth of respiration (Paragraph 0137, “the method 1300 can include determining the correlation matrix based on weighted factors including at least one of: (i) age of the respiration data; (ii) speed of the probe; (iii) depth of respiration; or (iv) data obtained during ablation”).
Regarding claim 7, Bar-Tal further teaches generating an image including:
estimated respiratory motion based on the respiration data, probe motion based on the probe location data, and probe-cavity motion based on the probe-cavity location data (Paragraph 0137, “the method 1300 includes generating an image including estimated respiratory motion based on the respiration data, probe motion based on the probe location data, and probe-cavity motion based on the probe-cavity location data”).
Regarding claim 8, Bar-Tal further teaches comprising generating a notification when the probe is stable relative to a boundary of the cavity (Paragraph 0136).
Regarding claim 9, Bar-Tal further teaches wherein notifying periods when the probe is stable relative to the boundary via visual indicators displayed on a monitor (Paragraph 0136).
Regarding claim 10, Bar-Tal further teaches further comprising identifying site stability sites based on periods when probe speed is less than a predetermined velocity for at least a predetermined period of time (Paragraph 0135, “Step 1350 includes identifying site stability sites based on the periods when probe speed is less than a predetermined speed for a predetermined period”).
Regarding claim 11, Bar-Tal teaches a system comprising:
a probe configured to be inserted into an intra-body cavity of a patient (Fig. 1, probe or catheter 1 in patient’s heart 2);
at least one sensor (Fig. 1, sensors 5) configured to obtain respiration data, the probe and the at least one sensor being configured to obtain probe location data (Paragraph 0032); and
a processor (Fig. 1, processor 4b) configured to:
generate compensated location data by compensating the obtained probe location data with the obtained respiration data (Paragraph 0135, “Step 1330 includes generating probe-cavity location data by compensating (e.g., subtracting or adding) the respiration data from the probe location data”), and
produce a mapping based on the generated compensated location data (Paragraph 0136, “In one aspect, markers, tags, or visual indicators are overlaid or inserted onto a three-dimensional mapping or image of the location data and are displayed on a monitor (e.g., monitor 3 in FIG. 1)”).
Regarding claim 12, Bar-Tal further teaches wherein the processor is further configured to apply a filter to the respiration data and the probe location data (Paragraphs 0043 and 0051).
Regarding claim 13, Bar-Tal further teaches wherein the processor is further configured to generate respiration indicators based on the respiration data from the at least one sensor (Paragraph 0037, respiration indicators (RI); Paragraph 0042).
Regarding claim 14, Bar-Tal further teaches wherein the processor is further configured to convert the respiration indicators by using singular value decomposition (SVD) to obtain a first Eigenvector (Paragraph 0045) and a first Eigenvector derivative, the first Eigenvector corresponding to a primary respiration signal and the first Eigenvector derivative corresponding to a phase shifted respiration signal (Paragraph 0137).
Regarding claim 15, Bar-Tal further teaches wherein the primary respiration signal and the phase shifted respiration signal are transferred from two dimensions into a three-dimensional ellipsoid based on a correlation matrix (Paragraph 0137, “The method 1300 can include transferring the primary respiration signal and the phase shifted respiration signal from two dimensions into a three-dimensional ellipsoid based on a correlation matrix”).
Regarding claim 16, Bar-Tal further teaches wherein the correlation matrix is determined based on weighted factors including at least one of: age of the respiration data; speed of the probe; and depth of respiration (Paragraph 0137, “the method 1300 can include determining the correlation matrix based on weighted factors including at least one of: (i) age of the respiration data; (ii) speed of the probe; (iii) depth of respiration; or (iv) data obtained during ablation”).
Regarding claim 17, Bar-Tal further teaches wherein the processor is further configured to generate an image including estimated respiratory motion based on the respiration data, probe motion based on the probe location data, and probe-cavity motion based on the probe-cavity location data (Paragraph 0137, “the method 1300 includes generating an image including estimated respiratory motion based on the respiration data, probe motion based on the probe location data, and probe-cavity motion based on the probe-cavity location data”).
Regarding claim 18, Bar-Tal further teaches wherein the processor is further configured to notify of the periods when the probe is stable relative to a boundary of the cavity (Paragraph 0136).
Regarding claim 19, Bar-Tal further teaches wherein notifying of the periods when the probe is stable relative to the boundary includes displaying visual indicators on a monitor (Paragraph 0136).
Regarding claim 20, Bar-Tal further teaches wherein the processor is further configured to identify site stability sites based on the periods when probe speed is less than 2 mm/second for at least three seconds (Paragraph 0135).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brost (US 20140378827) teaches a method and system for motion estimation modeling cardiac and respiratory motion compensation.
Dichterman (US 20190336035) teaches a method of reconstructing a body cavity shape based on intrabody measurements (Paragraph 0197).
Huang (WO 2023028133) teaches a creating a map of the patients heart using location information and respiration signals.
Brost (WO 2013112366) teaches a method and system for motion estimation modeling for cardiac and respiratory motion compensation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH MICHAEL HEALY whose telephone number is (703)756-5534. The examiner can normally be reached Monday - Friday 8:30am - 5:30pm ET.
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/NOAH M HEALY/Examiner, Art Unit 3791
/RENE T TOWA/Primary Examiner, Art Unit 3791