Prosecution Insights
Last updated: October 02, 2026
Application No. 18/959,580

CARDIAC PHASE GATING SYSTEM FOR RADIATION THERAPY

Non-Final OA §102
Filed
Nov 25, 2024
Priority
Nov 14, 2019 — provisional 62/935,279 +3 more
Examiner
FOX, DANIELLE A
Art Unit
Tech Center
Assignee
Ebamed SA
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
622 granted / 747 resolved
+23.3% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
9 currently pending
Career history
751
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
44.6%
+4.6% vs TC avg
§102
35.0%
-5.0% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 747 resolved cases

Office Action

§102
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) 1-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0346034 (Garonna). Regarding claim 1, Garonna disclose a method for controlling a non-invasive cardiac ablation system ([0008]-[0010], [0032]-[00347]), the method comprising: acquiring at least one cardiac image of a patient during a cardiac cycle ([0015]-[0017], [0035]-[0036], [0043]-[0045], [0050], [0055]); acquiring at least one cardiac phase reference point per cardiac cycle ([0016], [0031], [0035], [0043]-[0045], [0050], [0055]); determining a predicted current cardiac phase based on a time latency between acquisition of the at least one cardiac image and the at least one cardiac phase reference point ([0031], [0045], [0055]); and updating a radiation source of a therapy system based on determining the predicted current cardiac phase ([0013], [0033], [0036], [0045]-[0047], [0055]). Regarding claim 2, Garonna disclose the method of claim 1, wherein acquiring the at least one cardiac image is performed with a real-time imaging system and updating the radiation source is performed with a target motion management system, wherein the real-time imaging system and the target motion management system are configured to operate simultaneously ([0013]-[0016], [0035]-[0036], [0043]-[0047], [0050]-[0055]). Regarding claim 3, Garonna disclose the method of claim 1, wherein a target motion management system monitors, simultaneously, a heartbeat sensor that acquires the at least one cardiac phase reference and a real-time imaging system that acquires the at least one cardiac image ([0016], [0035], [0043]-[0045], [0052], [0055]). Regarding claim 4, Garonna disclose the method of claim 1, wherein the at least one cardiac phase reference point is an R-peak of an electrocardiogram signal ([0035], [0052]). Regarding claim 5, Garonna disclose the method of claim 1, wherein determining the predicted current cardiac phase comprises determining the predicted current cardiac phase based on the time latency between acquisition of the at least one cardiac phase reference point and a representative cardiac phase ([0031], [0045], [0055]). Regarding claim 6, Garonna disclose the method of claim 1, wherein determining the predicted current cardiac phase is based on a switch on/off time latency for gating the radiation source ([0025], [0045], [0046], [0055]). Regarding claim 7, Garonna disclose the method of claim 1, wherein determining the predicted current cardiac phase is based on a time latency for configuring a radiation beam of the radiation source ([0012], [0026], [0032]-[0033], [0045], [0047], [0055]). Regarding claim 8, Garonna disclose the method of claim 1, wherein the therapy system comprises a particle beam emitter selected from photons, electrons, carbon ions, protons, or heavy ions ([0008], [0032], [0047]). Regarding claim 9, Garonna disclose the method of claim 1, wherein the method comprises using a neural network ([0054]-[0055]). Regarding claim 10, Garonna disclose the method of claim 9, wherein the neural network is configured analyze apical 4-chamber ultrasound images, apical 2-chamber ultrasound images, parasternal ultrasound images, and/or short-axis ultrasound images ([0054]-[0055]). Regarding claim 11, Garonna disclose the method of claim 9, wherein the neural network is configured to identify a representative cardiac phase in real time ([0054]-[0055]). Regarding claim 12, Garonna disclose the method of claim 1, wherein the at least one cardiac image is ultrasound images ([0015]-[0017], [0035]-[0036], [0040], [0043]-[0046], [0050]-[0055]). Regarding claim 13, Garonna disclose the method of claim 12, wherein the ultrasound images represent time markers of the cardiac cycle ([0017], [0040], [0050], [0054]-[0055]). Regarding claim 14, Garonna disclose the method of claim 1, further comprising acquiring a plurality of respiratory target displacement data points during a respiratory cycle ([0013], [0016]-[0017], [0030]-[0031], [0039]-[0040], [0044]-[0046], [0054]-[0055]). Regarding claim 15, Garonna disclose a method for controlling a non-invasive cardiac ablation system, the method comprising: acquiring at least one cardiac phase reference point per cardiac cycle ([0015]-[0017], [0035]-[0036], [0043]-[0045], [0050], [0055]); determining a predicted current cardiac phase [0031] based on a switch on/off time latency for gating a radiation source ([0025], [0045]-[0046], [0055]); and updating the radiation source of a therapy system based on determining the predicted current cardiac phase ([0033], [0045]-[0047]). Regarding claim 16, Garonna disclose the method of claim 15, wherein acquiring the at least one cardiac phase reference is performed with a heartbeat sensor and updating the radiation source is performed with a target motion management system, wherein the heartbeat sensor and the target motion management system are configured to operate simultaneously ([0016], [0035], [0043]-[0045], [0052], [0055]). Regarding claim 17, Garonna disclose the method of claim 15, wherein the at least one cardiac phase reference point is an R-peak of an electrocardiogram signal ([0035], [0052]). Regarding claim 18, Garonna disclose the method of claim 15, wherein determining the predicted current cardiac phase comprises determining the predicted current cardiac phase based on the time latency between acquisition of the at least one cardiac phase reference point and a representative cardiac phase ([0031], [0045], [0055]). Regarding claim 19, Garonna disclose the method of claim 15, wherein determining the predicted current cardiac phase is based on a time latency for configuring a radiation beam of the radiation source ([0031], [0045], [0055]). Regarding claim 20, Garonna disclose the method of claim 15, wherein the therapy system comprises a particle beam emitter selected from photons, electrons, carbon ions, protons, or heavy ions ([0008], [0032], [0047]). Regarding claim 21, Garonna disclose the method of claim 15, wherein the method comprises using a neural network ([0054]-[0055]). Regarding claim 22, Garonna disclose the method of claim 15, further comprising acquiring at least one cardiac image of a patient during a cardiac cycle, wherein determining the predicted current cardiac phase is based on the at least one cardiac image ([0015]-[0017], [0035]-[0055]). Regarding claim 23, Garonna disclose the method of claim 22, wherein the at least one cardiac image is ultrasound images ([0015]-[0017], [0035]-[0055]). Regarding claim 24, Garonna disclose the method of claim 23, wherein the ultrasound images represent time markers of the cardiac cycle ([0015]-[0017], [0035]-[0055]). Regarding claim 25, Garonna disclose the method of claim 15, further comprising acquiring a plurality of respiratory target displacement data points during a respiratory cycle ([0015]-[0017], [0035]-[0055]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANI FOX whose telephone number is (571)272-3513. The examiner can normally be reached M-F: 9-5. 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, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANI FOX/Primary Examiner, Art Unit 2884
Read full office action

Prosecution Timeline

Nov 25, 2024
Application Filed
Sep 18, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
96%
With Interview (+13.1%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 747 resolved cases by this examiner. Grant probability derived from career allowance rate.

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