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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 15-16, 19-20 are rejected under 35 U.S.C. 102 (a) (1) and 102 (a) (2) as being anticipated by O’Dea [US 20140243640 A1].
As per claim 1, O'Dea teaches a medical optical tracking system (O'Dea Figs 2, 4), comprising: a light source (O'Dea Fig 4, ¶0073 “The light source 55 in order to produce sufficient light comprises a plurality of light emitting diodes 56”); and an optical tracking carrier (O'Dea Fig 4, ¶0073 “that light from the light source 55 is directed through the light accommodating bore 53”); wherein: A. the optical tracking carrier comprises a light guide material and B. light emitted by the light source is conducted through the optical tracking carrier (O'Dea Fig 4, ¶0073 “that light from the light source 55 is directed through the light accommodating bore 53” ); and optical tracking is performed on the optical tracking carrier (O'Dea ¶0076 “With an imaging device similar to the imaging device 27 of the imaging system 26, which is described with reference to FIG. 2, …which is visible through the translucent wall of the vessel or lumen is captured by the imaging device and displayed on a visual display screen similar to that described with reference to FIG. 2. A surgeon by observing the captured image of the vessel or lumen and the light emanating from the light accommodating openings 52, which identify the locations of the corresponding electrodes 7”).
As per claim 15, O'Dea further teaches wherein the optical tracking carrier comprises a channel inside (O'Dea Fig 4 bore 53).
As per claim 16, O'Dea further teaches wherein the optical tracking carrier is made of a flexible medical material, and is movable along a blood vessel, a ureter, an esophagus, a trachea, an oviduct, a vas deferens, or another cavity (O’Dea ¶0041 “catheter in a vessel or lumen in a human or animal subject,”, ¶0082 “the balloon catheter 60 according .. large vessel, organ or lumen, for example, the oesophagus, the stomach, large intestine, rectum and the like”, ¶0046 “the catheter member is maneuvered within the vessel or lumen”, flexibility / flexible material is implied).
As per claims 19, 20, O'Dea teaches structural limitations of body of claim 1 and hence corresponds to claimed solid tumor tracking apparatus, or a blood vessel tracking apparatus, comprising the medical optical tracking system according to claim 1.
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 2 are rejected under 35 U.S.C. 103 as being unpatentable over O'Dea as applied to claim 1 above, and further in view of Imam [US 8954134 B2]
As per claim 2, O’Dea does not expressly teach wherein the light source emits light in a flashing manner.
Imam, in a related field of light-guided catheter, teaches wherein the light source emits light in a flashing manner (Imam Col 16 lines 26-29 “he present invention (either single or several discrete points along the catheter and terminating at the tip which are illuminated continuously or with strobing/flashing) would show the course of the catheter tube and its tip location”).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in O’Dea by integrating continuously or with strobing/flashing as in Imam so as to provide for real time to visualizing and identifying catheter for correct tip placement (Imam Col 1 line 62 to Col 2 line 3).
Claims 3-4, 14 are rejected under 35 U.S.C. 103 as being unpatentable over O'Dea as applied to claim 1 above, and further in view of Zarian [US 5937127 A].
As per claims 3-4, O’Dea does not expressly teach wherein the optical tracking carrier is a light-retaining self-luminous tracking carrier that comprises a light-retaining self-luminous body and a protective carrier, wherein the protective carrier is made of a transparent light guide material, and the light-retaining self-luminous body is sealed in the protective carrier.
Zarian in a field of optical conduits for functional lighting applications and/or decorative lighting applications, teaches the optical tracking carrier is a light-retaining self-luminous tracking carrier (In view of applicant spec. Examiner interprets self- luminance as a substance that can absorb energy in a manner and convert the energy into other optical radiation Zarian Fig 9, optical fiber conduit comprising fluoropolymer cladding 64. There is inherent absorption and conversion of energy as light passes through these layers ) that comprises a light-retaining self-luminous body (Zarian Fig 9 items 62 /64 comprises body) and a protective carrier, wherein the protective carrier is made of a transparent light guide material (Zarian Fig 9, Col 7 lines 14-17 “a transparent or translucent polymeric jacket 66 of one refractive index, and subsequently jacketed with a transparent or translucent polymeric jacket 67”), , and the light-retaining self-luminous body is sealed in the protective carrier (Zarian Fig 9).
Hence, it is known from Zarian that optical fiber conduits can be configured to be illuminative, in a different way, including allowing light to pass through cladding using an “aura effect”. As per MPEP 2143.I, example of rationales that may support a conclusion of obviousness include: (B) Simple substitution of one known element for another to obtain predictable results. In the instant case the, the claim is directed to using alternative technique of fiber to provide illumination. A substitution of fiber, as in Zarian will allow light to be visible to an imaging device 27 as well. Hence the modification is obvious and predictable result is illumination of the light conduit.
As per claim 14, it has limitations similar to claim 3 and is rejected for same reason as above.
Claims 5-9 rejected under 35 U.S.C. 103 as being unpatentable over O'Dea as applied to claim 1 above, and further in view of Rabiner [US 20110313356 A1].
As per claims 5-9, O’Dea further teaches wherein the optical tracking carrier comprises at least one light guide O’Dea Fig 4 non smooth surface comprising different components for light emission from bore) and the non-smooth surface can form reflection and/or scattering (O’Dea ¶0026 “a light directing means is located in each light accommodating bore adjacent a corresponding one of the light outputting means to… Preferably, each light directing means comprises a reflector” Further light from bores 54 will inherently reflect / scatter once inside body), wherein light outlets are intermittently provided in the light guide O’Dea Fig 4), wherein the light outlets are non-axial light outlets, provided in a side surface of the light guide O’Dea Fig 4 the bores are non-axial with respect to a central longitudinal axis), wherein the light outlets identify a length of the light guide O’Dea Fig 2, length of light guide is identified by arrangement of light emanating), wherein intensities of scattered light are different through regular arrangement of the light outlets in distribution density to identify the length of the light guide O’Dea Fig 4, light scattered captured by imaging device 27 will be different since each light reflects from different parts of body and, further 27 is at different distances from each radial bore).
The only difference is that O’Dea uses a light accommodating bore 53 and does not expressly recite an optical fiber being used.
Rabiner, in a related medical field using catheters teaches optical fiber that can be modified (Rabiner ¶0034-¶0035 “…the light-conducting fiber is a light-conducting fiber. Light-conducting fibers may be used in accordance with the present disclosure to communicate light from the light source to the remote location. Light-conducting fibers use a construction of concentric layers for optical and mechanical advantages. The most basic function of a fiber is to guide light, i.e., to keep light concentrated over longer propagation distances… at least a portion of a length of a light-conducting fiber is modified, e.g., by removing the cladding, in order to alter the direction, propagation, amount, intensity, angle of incidence, uniformity and/or distribution of light. In an embodiment, the light-conducting fiber emits light radially in a uniform manner, … the term "removing cladding" includes taking away the cladding entirely to expose the light-conducting fiber as well as reducing the thickness of the cladding. In addition, the term "removing cladding" includes forming an opening, such as a cut, a notch, or a hole, through the cladding”).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in O’Dea by utilizing an optical fiber that can be modified as discussed in Rabiner. The motivation would be to alter the direction, propagation, amount, intensity, angle of incidence, uniformity and/or distribution of light according to various needs.
Claims 11 rejected under 35 U.S.C. 103 as being unpatentable over O'Dea as applied to claim 1 above, and further in view of Robinson [US 20100331813 A1].
As per claim 11, O’Dea does not expressly teach wherein a surface of the medical optical tracking system comprises a coating and the coating is one of an anticoagulant coating, a hydrophilic coating, and a hydrophobic coating.
Robinson, in a field of catheters teaches wherein a surface of the medical optical tracking system comprises a coating and the coating is one of an anticoagulant coating (Robinson ¶0054 “include an anti-thrombotic agent or other anticoagulant coating, as is described more fully with reference to FIG. 1. The inclusion of the anti-thrombotic or anticoagulant coating with a catheter device” ¶0042“’FIG. 1A illustrates an example embodiment of a catheter device 100 including an anti-thrombotic agent coating or layer on its exterior surface).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in O’Dea by integrating coating as in Robinson so as to allows for prolonged insertion and reduce the likelihood of causing thrombosis (Robinson ¶0009).
Claims 12-13 rejected under 35 U.S.C. 103 as being unpatentable over O'Dea as applied to claim 1 above, and further in view of Gregory [US 6372228 B1].
As per claims 12-13, Odea does not expressly teach wherein the optical tracking carrier comprises a delivery portion and the delivery portion is movably disposed on the optical tracking carrier, wherein the medical optical tracking system further comprises a development mechanism and the development mechanism is made of metal, and has a heat conduction function.
Gregory teaches the optical tracking carrier comprises a delivery portion and the delivery portion is movably disposed on the optical tracking carrier (Gregory Col 8 lines 25-29 “further catheter-based vascular stent deployment strategy employs a heat deformable metal (such as nitinol or other similar type metal) scaffold or stent or coating that is incorporated into the catheter tubing beneath the stent biomaterial. The stent is maneuvered into the desired location”), wherein the medical optical tracking system further comprises a development mechanism and the development mechanism is made of metal, and has a heat conduction function (Gregory Col 8 lines 25-29 “a heat deformable metal (such as nitinol or other similar type metal) scaffold or stent ”).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in O’Dea by integrating coating as in Robinson by integrating known techniques of stent deployment so as to provide tissue repair and replacement using catheters.
Claims 17-18 rejected under 35 U.S.C. 103 as being unpatentable over O'Dea as applied to claim 1 above, and further in view of Ficker [US 20210030569 A1].
As per claim 17, O'Dea does not expressly teach wherein the optical tracking carrier comprises a shape-memory shaping mechanism, wherein the shape-memory shaping mechanism is manufactured by plaiting a shape-memory metal wire, and/or is manufactured by carving a shape-memory metal tube or sheet.
Ficker teaches wherein the optical tracking carrier comprises a shape-memory shaping mechanism, wherein the shape-memory shaping mechanism is manufactured by plaiting a shape-memory metal wire (Ficker ¶0019 “a bifurcated stent braided from wires made of a shape-memory material, the correct angle is achieved, for example, in that the plaited structure is sintered over a core”),
Ficker thus teaches the claimed structure for bifurcated stent to repair or protect the wall of a vessel of a human or animal patient (Ficker ¶0002). Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in O’Dea by using shape-memory mechanism so as to repair or protect the wall of a vessel of a human.
Allowable Subject Matter
Claim 10 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. Claim 10 requires wherein the light guide optical fiber is plaited in a mesh form, and light outlets are scatteredly distributed at different positions. None of the references of record teach the plaited mesh form of optical fiber, with the light outlets, as in claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OOMMEN JACOB whose telephone number is (571)270-5166. The examiner can normally be reached 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANNE M KOZAK can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Oommen Jacob/ Primary Examiner, Art Unit 3797
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