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
Claims 9-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species B, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 21 July 2026.
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) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Li (U.S. Patent App. Pub. No. 2008/0287803 A1).
Regarding claim 1:
Li teaches: a system for correlating one or more images with one or more phases of motion of an anatomical element comprising (claim 1, a system that can correlate 3D image data with, per claim 3, a cardiac and/or a respiratory cycle (phases of motion) of an anatomical element being a heart or lungs):
a processor (claim 1, controller); and a memory storing data for processing by the processor (para. 37-38, memory storing processor data), the data, when processed, causing the processor to:
receive a plurality of images over a period of time (para. 16, acquire a series of 3D or 4D image data while simultaneously rotating and tracking a position and orientation of the catheter 105 through the imaged subject. See also Fig. 1: 184 ablation catheter, 105, ICE [inter-cardiac echocardiography] catheter);
receive a plurality of first pose information of a first tracker corresponding to pose information of the first tracker over the period of time (para. 16, mapped above and/or paras. 28, 29, “The tracking elements 185, 190, 195, 200 generally enable a surgeon to continually track the position and orientation of the catheters 105 or 184 (See FIG. 1) during surgery.”);
determine one or more first motion phases of a first motion of the anatomical element based on the plurality of first pose information (one or more first motion phases can be of a cardiac cycle, para. 35, 47, 54 using ICE (inter-cardiac echocardiography) catheters);
receive a plurality of second pose information of a second tracker corresponding to pose information of the second tracker over the period of time (second tracker can be e.g. any one of tracking elements 185, 190, 195, 200, or tracking elements of a second catheter, as mapped above);
determine one or more second motion phases of a second motion of the anatomical element based on the plurality of second pose information (para. 54, obtaining one or more motion phases of a second motion of, i.e., the heart based on second pose of second catheter, tracker, such to ultimately merge the partial 3D or 4D image views into a full display model); and
determine a subset of images from the plurality of images corresponding to a target first motion phase of the one or more first motion phases of the first motion and a target second motion phase of the one or more second motion phases of the second motion (paras. 54-64, identify subsets from the images of the first and second motion (i.e. different cardiac cycles or image data from a cardiac and a respiratory cycle; see Figs. 1 and 4) to, in this reference, obtain a reconstructed full view from partial views. See also claims 6, 7).
It would have been obvious for one of ordinary skill in the art to have further modified the applied reference(-s), in view of same, to have obtained the above, and the results of the modification would have been obvious and predictable to one of ordinary skill in the art as of the effective filing date of the claimed invention. See MPEP §2143(A).
The prior art included each element recited in claim 1, although not necessarily in a single embodiment, with the only difference being between the claimed element and the prior art being the lack of actual combination of certain elements in a single prior art embodiment, as mapped and described above.
One of ordinary skill in the art could have combined the elements as claimed by known methods, and in that combination, each element merely performs the same function as it does separately. One of ordinary skill in the art would have also recognized that the results of the combination were predictable as of the effective filing date of the claimed invention.
Regarding claim 2:
Li teaches: the system of claim 1, wherein the subset of images is a first subset of images, and
wherein the memory stores further data for processing by the processor that, when processed, causes the processor to determine a second subset of images from the plurality of images corresponding to another target first motion phase of the one or more first motion phases of the first motion and another target second motion phase of the one or more second motion phases of the second motion (e.g. claim 3, claim 6, newly acquired image data, which teach a second subset of images corresponding to another target first and second motion phase, the phases being cardiac and/or respiratory cycles, as mapped in claim 1. Alternatively, the partial views of image data in claim 6 also teach the second subsets. Alternatively, real-time pre- or intra-operative image data teaches a second subset as claimed. See paras. 47, 65, 66).
It would have been obvious for one of ordinary skill in the art, as of the effective filing date of Applicant’s claims, to have further modified the applied reference(-s) in view of same, to have obtained the above, motivated to provide for the most relevant patient data, particularly for pre-op, op and post-op dynamic conditions.
Regarding claim 3:
Li teaches: the system of claim 2, wherein the memory stores further data for processing by the processor that, when processed, causes the processor to reconstruct a three-dimensional model based on at least one of the first subset of images or the second subset of images (e.g. Fig. 4: 360 and full description of figure; see also paras. 6, 16, 24, 56 and claim 5).
It would have been obvious for one of ordinary skill in the art, as of the effective filing date of Applicant’s claims, to have further modified the applied reference(-s) in view of same, to have obtained the above, motivated to provide for the most relevant patient data, particularly for pre-op, op and post-op dynamic conditions.
Regarding claim 4:
Li teaches: the system of claim 3, wherein the three-dimensional model is reconstructed in near real-time (e.g. para. 6, 16, the full view 3D or 4D model is constructed from generally real-time images; see also para.24, the reconstructed model is generated in “instantaneous time”, claim 5, and/or para. 56: display of a generally real-time 3D or 4D ICE image model 362 created from the acquired anatomical data).
It would have been obvious for one of ordinary skill in the art, as of the effective filing date of Applicant’s claims, to have further modified the applied reference(-s) in view of same, to have obtained the above, motivated to provide for the most relevant patient data, particularly for pre-op, op and post-op dynamically changing conditions.
Regarding claim 5:
Li teaches: the system of claim 2, wherein the memory stores further data for processing by the processor that, when processed, causes the processor to display at least one of the first subset of images or the second subset of images (see e.g. claim 3 and/or Fig. 4, to generate the full view model in Fig. 4, displaying at least the first or second subset is done).
It would have been obvious for one of ordinary skill in the art, as of the effective filing date of Applicant’s claims, to have further modified the applied reference(-s) in view of same, to have obtained the above, motivated to allow for image processing of image data.
Regarding claim 6:
Li teaches: the system of claim 1, wherein the first motion corresponds to a cardiac cycle and the second motion corresponds to a respiratory cycle (para. 35 or claim 3).
It would have been obvious for one of ordinary skill in the art, as of the effective filing date of Applicant’s claims, to have further modified the applied reference(-s) in view of same, to have obtained the above, motivated to match image and data acquisition with actual patient systems.
Regarding claim 7:
Li teaches: the system of claim 6, further comprising a catheter positioned in the anatomical element (e.g. Fig. 1: 184, ablation catheter, 105, ICE catheter), wherein the first tracker is positioned on the catheter and tracks movement of the catheter (para. 31, 34, tracking elements can be attached to instruments, such as catheters to track movement, such as location and orientation, para. 42, 55), and
wherein the second tracker is positioned on the patient and tracks respiratory movement of the patient (para. 30, 47, tracking elements attached to patient).
It would have been obvious for one of ordinary skill in the art, as of the effective filing date of Applicant’s claims, to have further modified the applied reference(-s) in view of same, to have obtained the above, motivated to provide for the most relevant patient data, particularly for pre-op, op and post-op dynamically changing conditions.
Regarding claim 8:
Li teaches: the system of claim 1, wherein the memory stores further data for processing by the processor that, when processed, causes the processor to obtain and display a subsequent plurality of images over a subsequent period of time at the target first motion phase and the target second motion phase (e.g. claim 3, newly acquired image data (a subsequent plurality of images over a subsequent period of time) at the target first and second motion phase (i.e. cardiac or respiratory cycles, as mapped in claim 1). See also claim 6).
It would have been obvious for one of ordinary skill in the art, as of the effective filing date of Applicant’s claims, to have further modified the applied reference(-s) in view of same, to have obtained the above, motivated to provide for the most relevant patient data, particularly for pre-op, op and post-op dynamically changing conditions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20150282890-A1 Apparatus and methods are described for use with a tool that is inserted into a portion of a body of a subject that undergoes cyclic motion. The apparatus and methods include using an imaging device, acquiring a plurality of images of the tool inside the portion of the body, at respective phases of the cyclic motion.
US-11206984-B1 Methods and system for cardiac mapping for atrial fibrillation using balloon based catheters utilizing medical images (CT or MRI in segments) and left ventricular lead placement for cardiac re-synchronization therapy (CRT)
US-20220031270-A1 Apparatus and methods are described for use with a tool that is inserted into a portion of a body of a subject that undergoes cyclic motion. The apparatus and methods include using an imaging device, acquiring a plurality of images of the tool inside the portion of the body, at respective phases of the cyclic motion.
US-12303203-B1 Methods and system for atrial fibrillation ablation using balloon based catheters and utilizing medical images (CT or MRI in segments) based cardiac mapping and/or utilizing virtual reality (VR), and/or augmented reality (AR), and/or mixed reality (MR) for aiding in cardiac procedures
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Sarah Lhymn
Primary Examiner
Art Unit 2613
/Sarah Lhymn/Primary Examiner, Art Unit 2613
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