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 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.
Claim(s) 1-2, 5-10, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Scharf et al. (US 2017/0202469) in view of McGrath et al. (US 2021/0212658).
(1) regarding claims 1, 22, and 23:
Scharf ‘469 discloses a medical system (paragraph [0141], device 100 is used as a medical device) comprising:
a data processing device system (paragraph [0170], where the computer includes a processor);
an input-output device system communicatively connected to the data processing device system (paragraph [0170], input/output devices connecter to the processor); and
a memory device system communicatively connected to the data processing device system and storing a program executable by the data processing device system (paragraph [0128], where the memory stores a program executable by the device), the data processing device system configured by the program at least to:
cause, via the input-output device system, display of a three-dimensional graphical representation of a first volume within a bodily cavity (paragraph [0158], where a graphical representation of the heart chamber is displayed);
cause, via the input-output device system, the three-dimensional graphical representation of the first volume within the bodily cavity to be annotated to include a graphical annotation set at least in a state in which at least a portion of a medical device is located within the bodily cavity (paragraphs [0159], and [0161], where in the three-dimensional viewing of the heart chamber, a representation of a catheter is shown when the catheter is inside the body cavity);
Scharf ‘469 discloses all the subject matter as described above except cause, via the input-output device system, at least in response to the causing the three- dimensional graphical representation of the first volume within the bodily cavity to be annotated to include the graphical annotation set, and at least in the state in which the at least the portion of the medical device is located within the bodily cavity, the three-dimensional graphical representation of the first volume within the bodily cavity to add an anatomical feature graphical representation extending away from a first particular region of the three-dimensional graphical representation of the first volume within the bodily cavity, the added anatomical feature graphical representation extending away from the first particular region of the three-dimensional graphical representation of the first volume within the bodily cavity.
However, McGrath ‘658 teaches cause, via the input-output device system, at least in response to the causing the three- dimensional graphical representation of the first volume within the bodily cavity to be annotated to include the graphical annotation set, and at least in the state in which the at least the portion of the medical device is located within the bodily cavity, the three-dimensional graphical representation of the first volume within the bodily cavity to add an anatomical feature graphical representation extending away from a first particular region of the three-dimensional graphical representation of the first volume within the bodily cavity, the added anatomical feature graphical representation extending away from the first particular region of the three-dimensional graphical representation of the first volume within the bodily cavity (Fig. 107A-D and paragraphs [0349]-[0350], where anatomical features are displayed as 3D images, remotely displayed away from the other bodily cavities).
Having a system of McGrath ‘658 reference and then given the well-established teaching of Scharf ‘469 reference, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Scharf ‘469 to include the limitations as taught by McGrath ‘658 because this allows a surgeon to simultaneous conduct a procedure while viewing real-time 3D images of the anatomical structure generated by the multiple transducers (paragraph [0350]).
(2) regarding claim 2:
Scharf ‘469 further discloses wherein the added anatomical feature graphical representation extends away from the first particular region of the three-dimensional graphical representation of the first volume within the bodily cavity in a direction extending outwardly from the three-dimensional graphical representation of the first volume within the bodily cavity (paragraph [0133], and [0237], where anatomical representations of the heart and surrounding components are added to the displayed representation of the heart, where other body parts connected to the heart naturally extend away from the main chamber of the heart).
(3) regarding claim 5:
Scharf ‘469 further discloses wherein the data processing device system is configured by the program at least to cause, via the input-output device system, display of a three-dimensional graphical representation of a volume corresponding to a volume of the portion of the medical device graphically depicted as located at least in part within the three-dimensional graphical representation of the first volume within the bodily cavity (paragraph [0172], and [0195], volume of the heart chamber being represented), and
wherein the data processing device system is configured by the program at least to cause, via the input-output device system and in response to a change in a relative positioning between the volume corresponding to the volume of the portion of the medical device within the bodily cavity, varying of a relative graphical positioning between the three-dimensional graphical representation of the at least the portion of the medical device and the three-dimensional graphical representation of the first volume within the bodily cavity (paragraph [0255]).
(4) regarding claim 6:
Scharf ‘469 further discloses wherein the added anatomical feature graphical representation includes a graphically represented conical frustum shaped portion (Fig 10, where the representation can be clearly showing conical protrusions connected to the heart chamber).
(5) regarding claim 7:
Scharf ‘469 further discloses wherein the added anatomical feature graphical representation includes a graphical representation of a shape, the shape comprising an outer side surface between a first end region of the shape and a second end region of the shape opposing the first end region of the shape, and the outer side surface of the shape being curved along a geodesic of the outer side surface spanning from the first end region to the second end region (Fig. 10, where it is shown that the graphical representation of the shape has an arc-like curve (geodesic) connecting the components of the anatomy to the heart).
(6) regarding claim 8:
Scharf ‘469 further discloses wherein the added anatomical feature graphical representation includes a graphically represented pseudosphere shaped portion (Fig. 11, where the graphical representation includes areas that look like spheres).
(7) regarding claim 9:
Scharf ‘469 further discloses wherein the added anatomical feature graphical representation includes a graphically represented cylindrical portion (Fig. 11, where the graphical representation includes areas that look like cylinders).
(8) regarding claim 10:
Scharf ‘469 further discloses wherein the bodily cavity is a cardiac cavity, and the added anatomical feature graphical representation corresponds to a pulmonary vein (paragraph [0199]).
Allowable Subject Matter
Claims 3-4, and 11-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
A. Claim 3 discloses the unique and distinct limitations of “wherein a first relative graphical positioning between the three-dimensional graphical representation of the volume corresponding to the volume of the portion of the medical device and the three-dimensional graphical representation of the first volume within the bodily cavity corresponds to a second relative positioning between the at least the portion of the medical device and the bodily cavity at least in the state in which the at least the portion of the medical device is located at the particular location within the bodily cavity, and wherein the added anatomical feature graphical representation extends away from the first particular region of the three-dimensional graphical representation of the first volume within the bodily cavity in a direction away from the three-dimensional graphical representation of the volume corresponding to the volume of the portion of the medical device in a state in which the first relative graphical positioning exists between the three-dimensional graphical representation of the volume corresponding to the volume of the portion of the medical device and the three-dimensional graphical representation of the first volume within the bodily cavity”, either alone or in combination, the applied prior art does not teach the claimed subject matter. Claim 4, depends on claim 3, therefore a similar analysis applies.
B. Claim 11 discloses the unique and distinct limitations of “cause, via the input-output device system, display of a two-dimensional graphical representation of at least part of a second volume within the bodily cavity; and cause, via the input-output device system, the two-dimensional graphical representation of the at least part of the second volume within the bodily cavity to be annotated to include the graphical annotation set at least in a state in which the at least the portion of the medical device is located at a first location within the bodily cavity, the graphical annotation set included in the two-dimensional graphical representation of the at least part of the second volume within the bodily cavity displayed in a two-dimensional graphical manner; and cause, via the input-output device system, the three-dimensional graphical representation of the first volume within the bodily cavity to be annotated to include the graphical annotation set at least in response to the data processing device system causing, via the input-output device system, the two-dimensional graphical representation of the at least part of the second volume within the bodily cavity to be annotated to include the graphical annotation set, the graphical annotation set included in the three-dimensional graphical representation of the first volume within the bodily cavity displayed in a three-dimensional graphical manner”, either alone or in combination, the applied prior art does not teach the claimed subject matter. Claims 12-20, depend on claim 11, therefore a similar analysis applies.
C. Claim 21 discloses the unique and distinct limitations of “wherein at least a portion of the graphical annotation set included in the three-dimensional graphical representation of the first volume within the bodily cavity graphically surrounds, in three-dimensional graphical space, the first particular region of the three-dimensional graphical representation of the first volume within the bodily cavity”, either alone or in combination, the applied prior art does not teach the claimed subject matter.
Conclusion
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/LENNIN R RODRIGUEZGONZALEZ/ Primary Examiner, Art Unit 2683