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 § 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 2-4, 6, 23-28, 30, 33 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.
Claim 2 recites the limitation "formulate at least one outlier of a set of wall sampling points" in line 6. It is unclear if it means “find at least one outlier sampling point of a set of wall sampling points“ or it is means “generate at least one outlier sampling point to formulate a set of wall sampling points to ”. For the purpose of examination, the examiner will interpret the limitation as it means “find at least one outlier sampling point of a set of wall sampling points“.
Claim 3 recites the limitation "formulate a force metric representing a location of…" in line 6. It is unclear if it means “formulate a force metric by gathering a force of each location of… “ or it is means “generate a force metric representing a location of…”. For the purpose of examination, the examiner will interpret the limitation as it means “formulate a force metric by gathering a force of each location of… “.
Claim 3 recites the limitation "identify… the force metric based on the measured forces…" in last 4 lines . It is unclear if it means “identify… a referring point of the force metric based on the measured forces…" or it means “identify… the force metric based on the measured force(s)…"”. For the purpose of examination, the examiner will interpret the limitation as it means ““identify… a referring point of the force metric based on the measured forces…" .
Claim 4 recites the limitation "formulate a distance metric representing a location of…" in line 6. It is unclear if it means “formulate a distance metric by gathering a distance of each location of… “ or it is means “generate a distance metric representing a location of…”. For the purpose of examination, the examiner will interpret the limitation as it means “formulate a distance metric by gathering a distance of each location of… “.
Claim 6 recites the limitation "formulate at least one outlier of a set of wall sampling points" in line 5. It is unclear if it means “find at least one outlier sampling point of a set of wall sampling points“ or it is means “generate at least one outlier sampling point to formulate a set of wall sampling points to ”. For the purpose of examination, the examiner will interpret the limitation as it means “find at least one outlier sampling point of a set of wall sampling points“.
Claim 6 recites the limitation "formulate a force metric representing a location of…" in line 7. It is unclear if it means “formulate a force metric by gathering a force of each location of… “ or it is means “generate a force metric representing a location of…”. For the purpose of examination, the examiner will interpret the limitation as it means “formulate a force metric by gathering a force of each location of… “.
Claim 6 recites the limitation "formulate a distance metric representing a location of…" in line 9. It is unclear if it means “formulate a distance metric by gathering a distance of each location of… “ or it is means “generate a distance metric representing a location of…”. For the purpose of examination, the examiner will interpret the limitation as it means “formulate a distance metric by gathering a distance of each location of… “.
Claim 23 recites the limitation "wherein the vessel cannulation method comprises the vessel cannulation controller: defining…" in lines 4-6.. It is unclear if it means “wherein the vessel cannulation method comprises the vessel cannulation controller that configured to perform the step of: defining …“ or it is means “wherein the vessel cannulation method comprises the vessel cannulation controller, wherein the method comprises the steps of: defining…”. For the purpose of examination, the examiner will interpret the limitation as it means “wherein the vessel cannulation method comprises the vessel cannulation controller that configured to perform the step of: defining “.
Claim 24 recites the limitation "includes the vessel cannulation controller:…" in lines 4-5 and repeated in lines 9-10 and 18-19. It is unclear if it means “includes the vessel cannulation controller that configured to perform the step of: …“ or it is means “includes the vessel cannulation method and wherein the method further comprises the steps of: …”. For the purpose of examination, the examiner will interpret the limitation as it means “includes the vessel cannulation controller that configured to perform the step of: …“ .
Claim 25 recites the limitation "includes the vessel cannulation controller:…" in lines 5-6 and repeated in lines 10-11 and 20-21. It is unclear if it means “includes the vessel cannulation controller that configured to perform the step of: …“ or it is means “includes the vessel cannulation method and wherein the method further comprises the steps of: …”. For the purpose of examination, the examiner will interpret the limitation as it means “includes the vessel cannulation controller that configured to perform the step of: …“ .
Claim 26 recites the limitation "includes the vessel cannulation controller:…" in lines 5-6 and repeated in lines 10-11 and 19-21. It is unclear if it means “includes the vessel cannulation controller that configured to perform the step of: …“ or it is means “includes the vessel cannulation method and wherein the method further comprises the steps of: …”. For the purpose of examination, the examiner will interpret the limitation as it means “includes the vessel cannulation controller that configured to perform the step of: …“ .
Claim 27 recites the limitation "includes the vessel cannulation controller:…" in lines 4-5. It is unclear if it means “includes the vessel cannulation controller that configured to perform the step of: …“ or it is means “includes the vessel cannulation method and wherein the method further comprises the steps of: …”. For the purpose of examination, the examiner will interpret the limitation as it means “includes the vessel cannulation controller that configured to perform the step of: …“ .
Claim 28 recites the limitation "includes the vessel cannulation controller:…" in lines 5-6 and repeated in lines 10-12 and 19-21. It is unclear if it means “includes the vessel cannulation controller that configured to perform the step of: …“ or it is means “includes the vessel cannulation method and wherein the method further comprises the steps of: …”. For the purpose of examination, the examiner will interpret the limitation as it means “includes the vessel cannulation controller that configured to perform the step of: …“ .
Claim 30 recites the limitation "includes the vessel cannulation controller:…" in lines 7-8 and repeated in lines 19-20. It is unclear if it means “includes the vessel cannulation controller that configured to perform the step of: …“ or it is means “includes the vessel cannulation method and wherein the method further comprises the steps of: …”. For the purpose of examination, the examiner will interpret the limitation as it means “includes the vessel cannulation controller that configured to perform the step of: …“ .
Claim 33 recites the limitation "includes the vessel cannulation controller:…" in lines 6-7. It is unclear if it means “includes the vessel cannulation controller that configured to perform the step of: …“ or it is means “includes the vessel cannulation method and wherein the method further comprises the steps of: …”. For the purpose of examination, the examiner will interpret the limitation as it means “includes the vessel cannulation controller that configured to perform the step of: …“ .
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) 1-2, 5-12, 23, 27-28, 30, 33 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Walker et al. (US 20170151027 A1) (“Walker”)
Re Claim 1, Walker discloses a vessel cannulation controller (34, ¶0051, ¶0092, Fig. 1-15e), comprising: at least one processor (50, ¶0051); and a non-transitory machine-readable storage medium encoded with instructions (52, ¶0051) for execution by the at least one processor of a blood vessel cannulation of a target blood vessel (Fig. 9-15e, ¶0097) by a endovascular instrument (catheter, Fig. 9-15e for example 920/922, ¶0073, ¶0081) having a proximal section (a portion of the catheter 920, 922 that connected to the 33, Fig. 3, ¶0074, Fig. 9-15e ) connected to a interventional robot (¶0074) and a distal section (a portion of the catheter that is close to the free end of the catheter , Fig. 9-10d) navigational within a transitory blood vessel (¶0074, ¶0133) wherein the non-transitory machine-readable storage medium includes instructions to: define, within an image space (¶0045, space of interest by using an imaging technique) encompassing the target blood vessel branching from the transitory blood vessel (Fig. 9-15e), a virtual wall of the transitory blood vessel having a virtual entryway into the target blood vessel (¶0092-¶0094, the target position, heading direction, and radius of the lumen are identified by the user within at least one of the anatomical views and used to create a circle in space centered at the target position and perpendicular to the heading direction which defines the virtual wall having a virtual entryway. See also Fig. 10D); command the interventional robot to execute a positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (¶0109, the robotic medical system automatically command the articulation direction and articulation magnitude of the medical instrument to arrive at or travel through the target. The positional wall sampling being defined as "one or more wall sample positions within a transitory blood vessel for purposes of traversing the distal section of the endovascular instrument across the transitory blood vessel in a direction of a physical wall of the transitory wall in an effort to enter an ostium of a target blood vessel", it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling"); and detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (the distal section of the endovascular instrument (Fig. 9-15D, the system is configured to define a plurality of target, to be reached or passed through and detect when such target are reached/passed. Note that images are also updated during the operation).
Re Claim 2, Walker discloses wherein instructions to define, within the image space, the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel includes instructions to: formulate at least one outlier of a set of wall sampling points as representing a location of the virtual entryway of the virtual wall within the image space (as more wall sample positions within a transitory blood vessel for purposes of traversing the distal section of the endovascular instrument across the transitory blood vessel in a direction of a physical wall of the transitory wall in an effort to enter an ostium of a target blood vessel", it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" and at least one point can be outlier as the it is will not be on the best fit line for such trajectory see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator); wherein the instructions to command the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: derive the set of wall sampling points within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d); and wherein instructions to detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: identify at least one sampling position corresponding to the at least one outlier based on a fitting of at least one line segment to the set of wall sampling points (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator).
Re Claim 5, Walker discloses wherein instructions to define, within the image space, the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel includes instructions to: formulate at least on shape profile of the endovascular instrument representing a location of the virtual entryway of the virtual wall within the image space (¶0064, ¶0073, the system capable to formulate a shape see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator); wherein the instructions to command the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: derive a set of measured shape profiles of the distal section of the endovascular instrument within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (¶0073 and see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points/shape to the trajectory and indicated by the virtual guidewire and indicator); and wherein instructions to detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: identify at least one sampling position corresponding to the at least one shape profiles based on a derived set of shape profiles of the distal section of the endovascular instrument during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (Fig. 9-15d,¶0073).
Re Claim 6, Walker discloses wherein the instructions to define, within the image space, the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel includes instructions to: at least one of : formulate at least one outlier of a set of wall sampling points as representing a location of the virtual entryway of the virtual wall within the image space (as more wall sample positions within a transitory blood vessel for purposes of traversing the distal section of the endovascular instrument across the transitory blood vessel in a direction of a physical wall of the transitory wall in an effort to enter an ostium of a target blood vessel", it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" and at least one point can be outlier as the it is will not be on the best fit line for such trajectory see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator); wherein the instructions to command the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: derive the set of wall sampling points within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d); formulate a force metric representing a location of the virtual entryway of the virtual wall within the image space; formulate a distance metric representing a location of the virtual entryway of the virtual wall within the image space; and formulate at least on shape profile of the endovascular instrument representing a location of the virtual entryway of the virtual wall within the image space.
Re Claim 7, Walker discloses wherein the positional wall sampling comprises translating and/or rotating the endovascular instrument within the transitory blood vessel to one or more sampling positions (Fig, 9-15d, the distal suction is translated) and at each wall sample position, attempting to enter a target branch ostium by controlling a traversal of an endovascular device across the transitory blood vessel ( the catheter attempted to enter the branches see Fig, 9-15d).
Re Claim 8, Walker discloses wherein the endovascular instrument includes a co-axial alignment of an inner endovascular device (1512 ,Fig. 15a) within an outer endovascular device (1516, ¶0122); wherein the instructions to command the interventional robot to execute a positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target) includes instructions to: command the interventional robot to at least one of translate and rotate the inner endovascular device and the outer endovascular device to a wall sample position relative to the physical wall of the transitory blood vessel (Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target) , and at the wall sample position, command the interventional robot to traverse the inner endovascular device across the transitory blood vessel relative to the outer endovascular device; and wherein the instructions to detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: detect a traversal of the inner endovascular device across the transitory blood vessel relative to the outer endovascular device into the target blood vessel through the virtual entryway of the virtual wall (Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target).
Re Claim 9, Walker discloses wherein, when the vessel cannulation controller detects the traversal of the inner endovascular device across the transitory blood vessel relative to the outer endovascular device into the target blood vessel through the virtual entryway of the virtual wall, the non-transitory machine-readable storage medium further includes instructions to command the interventional robot to sequentially translate the inner endovascular device into the target blood vessel and translate the outer endovascular device into the target blood vessel (Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target)..
Re Claim 10, Walker discloses wherein, when the vessel cannulation controller fails to detect a traversal of the inner endovascular device across the transitory blood vessel relative to the outer endovascular device into the target blood vessel through the virtual entryway of the virtual wall, the non-transitory machine-readable storage medium further includes instructions to command the interventional robot to at least one of rotate and translate the inner endovascular device and the outer endovascular device within the transitory blood vessel (as the path toward the target is missed, the controller will keep manipulated by the robot to find the right target Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target).
Re Claim 11, Walker discloses wherein, when the vessel cannulation controller fails to detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (as the path toward the target is missed, the controller will keep manipulated by the robot to find the right target Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target), the non-transitory machine-readable storage medium further includes instructions to command the interventional robot to rotate the endovascular instrument to a predetermined orientation within the transitory blood vessel and to command a medical imager to generate an image of the transitory blood vessel in dependence upon the rotation of the endovascular instrument to the predetermined orientation within the transitory blood vessel (¶0122-¶0123, the image is updated to constrain the lumen orientation and improve the quality of the image ).
Re Claim 12, Walker discloses a vessel cannulation system for a blood vessel cannulation of a target blood vessel (¶0051, ¶0092, Fig. 1-15e), by an endovascular instrument navigational (catheter see Fig. 9-15d) within a transitory blood vessel (Fig. 9-15d), the endovascular instrument having a proximal section ( portion that attached to the robot 22, 20 se Fig. 1) and a distal section( a portion close to fee end of the catheter , Fig. 9-15d), the vessel cannulation system comprising: an interventional robot connectable to the proximal section of the endovascular instrument (Fig. 1, robot 22, 20), wherein, when connected to the proximal section of the endovascular instrument (¶0074, ¶0123, ¶0133), the interventional robot being configured to navigate the distal section of the endovascular instrument within the transitory blood vessel (¶0074, ¶0123, ¶0133); and the vessel cannulation controller according to claim 1 ( see the rejection of claim 1), wherein, within an image space encompassing the target blood vessel branching from the transitory blood vessel (¶0045, space of interest by using an imaging technique, ¶0092-¶0094), the vessel cannulation controller being configured to define a virtual wall of the transitory blood vessel having a virtual entryway into the target blood vessel (the target position, heading direction, and radius of the lumen are identified by the user within at least one of the anatomical views and used to create a circle in space centered at the target position and perpendicular to the heading direction which defines the virtual wall having a virtual entryway. See also Fig. 10D), and wherein, when the interventional robot is connected to the proximal section of the endovascular instrument, the vessel cannulation controller is further configured to command the interventional robot to execute a positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (¶0109, the robotic medical system automatically command the articulation direction and articulation magnitude of the medical instrument to arrive at or travel through the target. The positional wall sampling being defined as "one or more wall sample positions within a transitory blood vessel for purposes of traversing the distal section of the endovascular instrument across the transitory blood vessel in a direction of a physical wall of the transitory wall in an effort to enter an ostium of a target blood vessel", it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling").
Re Claim 23, Walker discloses a vessel cannulation method executable by a vessel cannulation controller (34, ¶0051, ¶0092, Fig. 1-15e) for a blood vessel cannulation of a target blood vessel by an endovascular instrument (catheter, Fig. 9-15e for example 920/922, ¶0073, ¶0081) having a proximal section (a portion of the catheter 920, 922 that connected to the 33, Fig. 3, ¶0074, Fig. 9-15e ) connected to an interventional robot (¶0074) and a distal section (a portion of the catheter that is close to the free end of the catheter , Fig. 9-10d) navigational within a transitory blood vessel (¶0074, ¶0133), wherein the vessel cannulation method comprises the vessel cannulation controller: define, within an image space (¶0045, space of interest by using an imaging technique) encompassing the target blood vessel branching from the transitory blood vessel (Fig. 9-15e), a virtual wall of the transitory blood vessel having a virtual entryway into the target blood vessel (¶0092-¶0094, the target position, heading direction, and radius of the lumen are identified by the user within at least one of the anatomical views and used to create a circle in space centered at the target position and perpendicular to the heading direction which defines the virtual wall having a virtual entryway. See also Fig. 10D); command the interventional robot to execute a positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (¶0109, the robotic medical system automatically command the articulation direction and articulation magnitude of the medical instrument to arrive at or travel through the target. The positional wall sampling being defined as "one or more wall sample positions within a transitory blood vessel for purposes of traversing the distal section of the endovascular instrument across the transitory blood vessel in a direction of a physical wall of the transitory wall in an effort to enter an ostium of a target blood vessel", it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling"); and detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (the distal section of the endovascular instrument (Fig. 9-15D, the system is configured to define a plurality of target, to be reached or passed through and detect when such target are reached/passed. Note that images are also updated during the operation).
Re Claim 27, Walker discloses wherein the defining within the image space, by the vessel cannulation controller, the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel includes the vessel cannulation controller: formulating at least on shape profile of the endovascular instrument representing a location of the virtual entryway of the virtual wall within the image space (¶0064, ¶0073, the system capable to formulate a shape see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator); wherein the commanding , by the vessel cannulation controller, the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes the vessel cannulation controller: deriving a set of measured shape profiles of the distal section of the endovascular instrument within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (¶0073 and see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points/shape to the trajectory and indicated by the virtual guidewire and indicator); and wherein by the vessel cannulation controller, the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes the vessel cannulation controller: identifying at least one sampling position corresponding to the at least one shape profiles based on a derived set of shape profiles of the distal section of the endovascular instrument during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (Fig. 9-15d,¶0073).
Re Claim 28, Walker discloses wherein the defining, within the image space, by the vessel cannulation controller, the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel includes the vessel cannulation controller: at least one of : formulating at least one outlier of a set of wall sampling points as representing a location of the virtual entryway of the virtual wall within the image space (as more wall sample positions within a transitory blood vessel for purposes of traversing the distal section of the endovascular instrument across the transitory blood vessel in a direction of a physical wall of the transitory wall in an effort to enter an ostium of a target blood vessel", it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" and at least one point can be outlier as the it is will not be on the best fit line for such trajectory see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator); wherein the instructions to command the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: derive the set of wall sampling points within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d); formulating a force metric representing a location of the virtual entryway of the virtual wall within the image space; formulating a distance metric representing a location of the virtual entryway of the virtual wall within the image space; and formulating at least on shape profile of the endovascular instrument representing a location of the virtual entryway of the virtual wall within the image space.
Re Claim 30, Walker discloses wherein the endovascular instrument includes a co-axial alignment of an inner endovascular device (1512 ,Fig. 15a) within an outer endovascular device (1516, ¶0122); wherein the commanding, by the vessel cannulation controller, the interventional robot to execute a positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target) includes the vessel cannulation controller: commanding the interventional robot to at least one of translate and rotate the inner endovascular device and the outer endovascular device to a wall sample position relative to the physical wall of the transitory blood vessel (Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target) , and at the wall sample position, commanding the interventional robot to traverse the inner endovascular device across the transitory blood vessel relative to the outer endovascular device; and wherein the detecting by the vessel cannulation controller, the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes the vessel cannulation controller: detecting a traversal of the inner endovascular device across the transitory blood vessel relative to the outer endovascular device into the target blood vessel through the virtual entryway of the virtual wall (Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target).
Re Claim 33, Walker discloses wherein, when the vessel cannulation controller fails to detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (as the path toward the target is missed, the controller will keep manipulated by the robot to find the right target Fig. 15a-15d, ¶0122-¶0123, the articulate the distal section to be in the target), the vessel cannulation controller: commanding the interventional robot to rotate the endovascular instrument to a predetermined orientation within the transitory blood vessel and commanding a medical imager to generate an image of the transitory blood vessel in dependence upon the rotation of the endovascular instrument to the predetermined orientation within the transitory blood vessel (¶0122-¶0123, the image is updated to constrain the lumen orientation and improve the quality of the image ).
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) 3-4, 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker in view of Dolan et al. (US 20080139915 A1) (“Dolan”).
Re Claim 3, Walker discloses wherein instructions to define, within the image space, the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel (¶0092-¶0094, the target position, heading direction, and radius of the lumen are identified by the user within at least one of the anatomical views and used to create a circle in space centered at the target position and perpendicular to the heading direction which defines the virtual wall having a virtual entryway. See also Fig. 10D) includes instructions to: formulate a metric points representing a location of the virtual entryway of the virtual wall within the image space (Fig. 9-15s); wherein the instructions to command the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator) includes instructions to: derive a set of points applied to the distal section of the endovascular instrument within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (Fig. 10a, 15d); and wherein instructions to detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: identify at least one sampling position corresponding to the points based on the measured point applied to the distal section of the endovascular instrument during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator), but it fails to disclose that a metric points are a force metric and set of points are set of set of measured forces, sampling position corresponding to the points is sampling position corresponding to the force metric
However, Dolan discloses an apparatus for vascular mapping using a sensor that detect the force from the vessel wall (Fig. 7-13, ¶0010, ¶0034) and wherein the wall can be detected using a force metric (by the spring force on the wall see s2 in Fig. 8) and set of measured forces (¶0034, ¶0074) the measured force may detect the entry of the branches see Fig. 10), sampling position corresponding to the force metric (¶0034, ¶0074).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the controller of Walker to include a force sensor so that a metric points are a force metric and set of points are set of set of measured forces, sampling position corresponding to the points is sampling position corresponding to the force metric as taught by Dolan for the purpose of confirming the entry of the vessel using sensor (Dolan, ¶0074).
Re Claim 4, Walker discloses wherein instructions to define, within the image space, the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel (¶0092-¶0094, the target position, heading direction, and radius of the lumen are identified by the user within at least one of the anatomical views and used to create a circle in space centered at the target position and perpendicular to the heading direction which defines the virtual wall having a virtual entryway. See also Fig. 10D) includes instructions to: formulate a metric points representing a location of the virtual entryway of the virtual wall within the image space (Fig. 9-15s); wherein the instructions to command the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator) includes instructions to: derive a set of points applied to the distal section of the endovascular instrument within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (Fig. 10a, 15d); and wherein instructions to detect the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes instructions to: identify at least one sampling position corresponding to the points based on the measured points applied to the distal section of the endovascular instrument during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator), but it fails to disclose that a metric points are a distance metric and set of points are set of set of measured distance of the distal section, sampling position corresponding to the points is sampling position corresponding to the distance metric base on navigated distances of the distal section.
However, Dolan discloses an apparatus for vascular mapping using a sensor that detect the force from the vessel wall (Fig. 7-13, ¶0010, ¶0034) and wherein the wall can be detected using a distances of the distal section (the distance of the sensor on the wall see s2 in Fig. 8) and set of measured distances of the distal section (¶0034, ¶0074) the measured force may detect the entry of the branches see Fig. 10), sampling position corresponding to the distance metric distances of the distal section (¶0034, ¶0074).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the controller of Walker to include a sensor so that a metric points are a distance metric and set of points are set of set of measured distance of the distal section, sampling position corresponding to the points is sampling position corresponding to the distance metric base on navigated distances of the distal section as taught by Dolan for the purpose of confirming the entry of the vessel using sensor (Dolan, ¶0074).
Re Claim 24, Walker discloses method of wherein defining within the image space, by the vessel cannulation controller, of the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel includes the vessel cannulation controller: formulating at least one outlier of a set of wall sampling points as representing a location of the virtual entryway of the virtual wall within the image space (as more wall sample positions within a transitory blood vessel for purposes of traversing the distal section of the endovascular instrument across the transitory blood vessel in a direction of a physical wall of the transitory wall in an effort to enter an ostium of a target blood vessel", it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator); wherein the commanding, by the vessel cannulation controller, the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes the vessel cannulation controller: deriving the set of wall sampling points within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d); and wherein the detecting, by the vessel cannulation controller, the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes the vessel cannulation controller: identifying at least one sampling position corresponding point based on a derived set of measured point applied to the distal section of the endovascular instrument during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument ( (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator), but it fails to disclose that points are a force metric and set of points are set of set of measured forces.
However, Dolan discloses an apparatus for vascular mapping using a sensor that detect the force from the vessel wall (Fig. 7-13, ¶0010, ¶0034) and wherein the wall can be detected using a force metric (by the spring force on the wall see s2 in Fig. 8) and set of measured forces (¶0034, ¶0074) the measured force may detect the entry of the branches see Fig. 10), sampling position corresponding to the force metric (¶0034, ¶0074).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the controller of Walker to include a force sensor so that a metric points are a force metric and set of points are set of set of measured forces as taught by Dolan for the purpose of confirming the entry of the vessel using sensor (Dolan, ¶0074).
Re Claim 25, Walker discloses wherein the vessel cannulation method of wherein the defining within the image space, by the vessel cannulation controller, the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel (¶0092-¶0094, the target position, heading direction, and radius of the lumen are identified by the user within at least one of the anatomical views and used to create a circle in space centered at the target position and perpendicular to the heading direction which defines the virtual wall having a virtual entryway. See also Fig. 10D) includes the vessel cannulation controller: formulating a metric points representing a location of the virtual entryway of the virtual wall within the image space (Fig. 9-15s); wherein the commanding by the vessel cannulation controller, the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator) includes the vessel cannulation controller: deriving a set of points applied to the distal section of the endovascular instrument within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (Fig. 10a, 15d); and wherein detecting by the vessel cannulation controller, the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes the vessel cannulation controller: identifying at least one sampling position corresponding to the points based on a derived set of the measured point applied to the distal section of the endovascular instrument during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator), but it fails to disclose that a metric points are a force metric and set of points are set of set of measured forces, sampling position corresponding to the points is sampling position corresponding to the force metric
However, Dolan discloses an apparatus for vascular mapping using a sensor that detect the force from the vessel wall (Fig. 7-13, ¶0010, ¶0034) and wherein the wall can be detected using a force metric (by the spring force on the wall see s2 in Fig. 8) and set of measured forces (¶0034, ¶0074) the measured force may detect the entry of the branches see Fig. 10), sampling position corresponding to the force metric (¶0034, ¶0074).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the controller of Walker to include a force sensor so that a metric points are a force metric and set of points are set of set of measured forces, sampling position corresponding to the points is sampling position corresponding to the force metric as taught by Dolan for the purpose of confirming the entry of the vessel using sensor (Dolan, ¶0074).
Re Claim 26, Walker discloses wherein defining within the image space, by the vessel cannulation controller, of the virtual wall of the transitory blood vessel having the virtual entryway into the target blood vessel (¶0092-¶0094, the target position, heading direction, and radius of the lumen are identified by the user within at least one of the anatomical views and used to create a circle in space centered at the target position and perpendicular to the heading direction which defines the virtual wall having a virtual entryway. See also Fig. 10D) includes by the vessel cannulation controller: formulating a metric points representing a location of the virtual entryway of the virtual wall within the image space (Fig. 9-15s); wherein the commanding by the vessel cannulation controller, the interventional robot to execute the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator) includes the vessel cannulation controller: deriving a set of points applied to the distal section of the endovascular instrument within the image space from a traversal of the distal section of the endovascular instrument across the transitory vessel at various sampling positions with the transitory vessel (Fig. 10a, 15d); and wherein the vessel cannulation controller; detecting the blood vessel cannulation of the target blood vessel by the distal section of the endovascular instrument through the virtual entryway of the virtual wall during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument includes the vessel cannulation controller: identifying at least one sampling position corresponding to the points based on the measured points applied to the distal section of the endovascular instrument during the positional wall sampling of the transitory blood vessel by the distal section of the endovascular instrument (it is considered that the system controlling the robot to pass through the target, i.e. ostium, is configured to perform a "positional wall sampling" see Fig. 10d and Fig. 15a-15d such as the target path is has a set of points to the trajectory and indicated by the virtual guidewire and indicator), but it fails to disclose that a metric points are a distance metric and set of points are set of set of measured distance of the distal section, sampling position corresponding to the points is sampling position corresponding to the distance metric base on navigated distances of the distal section.
However, Dolan discloses an apparatus for vascular mapping using a sensor that detect the force from the vessel wall (Fig. 7-13, ¶0010, ¶0034) and wherein the wall can be detected using a distances of the distal section (the distance of the sensor on the wall see s2 in Fig. 8) and set of measured distances of the distal section (¶0034, ¶0074) the measured force may detect the entry of the branches see Fig. 10), sampling position corresponding to the distance metric distances of the distal section (¶0034, ¶0074).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify the controller of Walker to include a sensor so that a metric points are a distance metric and set of points are set of set of measured distance of the distal section, sampling position corresponding to the points is sampling position corresponding to the distance metric base on navigated distances of the distal section as taught by Dolan for the purpose of confirming the entry of the vessel using sensor (Dolan, ¶0074).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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/HAMZA A DARB/Examiner, Art Unit 3783 /CHELSEA E STINSON/Supervisory Patent Examiner, Art Unit 3783
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