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 § 102
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.
Claim(s) 1-20 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al. (US 2014/0187949).
With respect to claims 1, 7, 15 and 19, Zhao et al. discloses a vascular therapy apparatus comprising: an electronic processing device ([0028]) comprising at least one electronic processor programmed to: retrieve an intravascular instrument model of an associated intravascular instrument to be used in an intravascular procedure ([0060]); retrieve a patient model of anatomy including at least vasculature of a patient who is to undergo the intravascular procedure ([0050]); and before and/during the intravascular procedure, model a passage of the associated intravascular instrument through vasculature of the associated patient using the instrument model and the patient model ([0052]); and output treatment information for the intravascular therapy procedure based on the modeled passage of the associated intravascular instrument through the vasculature of the associated patient, wherein the modeling of the passage of the associated intravascular instrument through the vasculature of the associated patient includes: modeling friction force on the associated intravascular instrument as a function of position along the associated intravascular instrument during the passage of the associated intravascular instrument through the vasculature ([0054-0055]). Zhao et al. discloses modeling tissue damage risk ([0053]; [0055-0056]; [0058-0059]).
With respect to claims 2 and 16, Zhao et al. discloses a plurality of difference candidate routes including a recommended route ([0057]).
With respect to claims 3 and 17, Zhao et al. discloses a plurality of different candidate associated instruments ([0048]; [0060]; [0062]).
With respect to claim 4, Zhao et al. discloses identification of regions of high friction force on the instrument ([0054]; [0060]).
With respect to claims 5 and 8, Zhao et al. discloses a visual rendering ([0031-0032]; [0050]; [0057]).
With respect to claims 6 and 18, Zhao et al. discloses sensors ([0037-0038]).
With respect to claims 9 and 20, Zhao et al. discloses receiving medical images ([0028]; [0031]).
With respect to claim 10, Zhao et al. discloses treatment information ([0055-0056]; [0062]).
With respect to claim 11, Zhao et al. discloses using the models to perform scenarios ([00062-0063]).
With respect to claim 12, Zhao et al. discloses diameter and stiffness ([0054]).
With respect to claim 13, Zhao et al. discloses geometrical layout ([0055]; [0066]; [0076]) and tissue information ([0058]; [0061]).
With respect to claim 14, Zhao et al. discloses a generic patient model or a patient specific model ([0050]).
Response to Arguments
Applicant's arguments filed 9/17/2025 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant argues the reference does not teach modeling friction force. However, the Examiner respectfully disagrees with the applicant. The Examiner’s position is that Zhao et al. discloses modeling friction force ([0054-0055]). Zhao et al. discloses many factors (factors which are interpreted to cause friction) about operational capability including bending capability, flexibility and elasticity, shape characteristics, steerability, diameter of catheter, diameter of tool, trajectory of tool, movement of the too including sweeping and spinning, angulation, and frictional contact ([0054-0055]).
Applicant argues the reference does not teach modeling tissue damage risk. However, the Examiner respectfully disagrees with the applicant. Zhao et al. discloses minimizing risk of tissue damage ([0053]). Zhao et al. discloses selecting deployment location that reduces risk to surrounding tissue ([0055-0056]). Zhao et al. discloses risk associated with contacting the surrounding tissue ([0058]).
Conclusion
THIS ACTION IS MADE FINAL. 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 PETER LUONG whose telephone number is (571)270-1609. The examiner can normally be reached M-F 9-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan T Nguyen can be reached at (571)272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER LUONG/Primary Examiner, Art Unit 3797