Prosecution Insights
Last updated: August 06, 2026
Application No. 18/967,893

DEVICE, SYSTEM, AND METHOD FOR DUAL PURPOSE TRACKING

Non-Final OA §102§103§112
Filed
Dec 04, 2024
Priority
Dec 04, 2023 — provisional 63/605,718
Examiner
BROWN, HELENE CATHERINE
Art Unit
3797
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Freenav Inc.
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
287 granted / 559 resolved
-18.7% vs TC avg
Strong +30% interview lift
Without
With
+29.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 11m
Avg Prosecution
29 currently pending
Career history
594
Total Applications
across all art units

Statute-Specific Performance

§101
7.0%
-33.0% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
16.0%
-24.0% vs TC avg
§112
24.9%
-15.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 559 resolved cases

Office Action

§102 §103 §112
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. Claim(s) 1-20 is/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. Regarding Claim 1, 12 & 14 The independent claims use the claim term of original. It is not clear what the metes and bounds of this claim term is. The Specification fails to clarify the meaning of the claim term, original. For the purpose of examination, the Examiner is interpreting the claim limitation of “an original structural purpose” as --a structural purpose--. 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, 4-5, 7 & 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pooley et al. (U.S. Patent Application 2020/0060578 A1). Claim 1: Pooley teaches – A device [magnetic tag] (Abstract), comprising: a main body [ribbon] (Para 0011) having a major portion [ferromagnetic ribbon or wire of material] (Para 0011) that is formed from a ferromagnetic material [such as an amorphous or nanocrystalline alloy (e.g. Metglas 2826 MB or the Vacuumschmeltze VITROVAC or VITROPERM materials)] (Para 0011), the ferromagnetic material configured for a dual purpose including – a primary functioning purpose, including at least one of an original sensing purpose [a tag incorporating a wound inductor 1102 and separate capacitor 1103] (Para 0063) [Pulse-echo detection at the fundamental frequency (H1) or at an odd harmonic (H3, H5, etc.) of the AC interrogation field, is the preferred method of detecting this response, as illustrated in FIG. 10c.] (Para 0063), and a secondary tracking purpose, including an electromagnetic (EM) tracked fiducial purpose [FIGS. 9a-b show flow charts for a tag tracking process] (Para 0059) [electromagnetic tracking] (Para 0004), wherein the ferromagnetic material permits for a determining of a location and an orientation of the device by a sensing system [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008). Claim 2/1: Pooley teaches wherein the major portion is at least fifty percent (50%) of the main body by weight (Para 0011 and Figure 8a-8c). Examiner’s Note: Pooley does not explicitly disclose 50% of the main body weight. Pooley discloses that the device is made of ferromagnetic material and no other disclosure of other materials in the tag. It is understood that Pooley is disclosing that 100% of the tag is made of ferromagnetic materials. Claim 4/1: Pooley teaches wherein the original sensing purpose includes the ferromagnetic material forming an inductive sensing element that provides both inductive measurement capability [a tag incorporating a wound inductor 1102 and separate capacitor 1103] (Para 0063) [Pulse-echo detection at the fundamental frequency (H1) or at an odd harmonic (H3, H5, etc.) of the AC interrogation field, is the preferred method of detecting this response, as illustrated in FIG. 10c.] (Para 0063) and electromagnetic tracking capability [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008) [electromagnetic tracking] (Para 0004). Claim 5/1: Pooley teaches wherein the original tracking purpose includes the ferromagnetic material forming a radio-opaque marker [magnetic tag] (Abstract) that provides both radiographic visualization [such as an amorphous or nanocrystalline alloy (e.g. Metglas 2826 MB or the Vacuumschmeltze VITROVAC or VITROPERM materials)] (Para 0011) and electromagnetic tracking capability [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008) [electromagnetic tracking] (Para 0004). Examiner’s Note: While Pooley fails to explicitly state that the magnetic tag is forming a radio-opaque marker, it is understood that the magnetic tag of Pooley is capable of performing the function. Pooley discloses that the tag is formed of Metglas 2826 ME, VITROVAC or VITROPERM. In Para 0049 of the Specification of the Applicant as originally filed states: The ferromagnetic material 114 may be an amorphous or nanocrystalline alloy selected from: Metglas 2826 MB, VITROVAC, and VITROPERM. Both are disclosing the same material for the ferromagnetic material. The Examiner contends that since the device of the Applicant made from Metglas 2826 ME, VITROVAC or VITROPERM provides radiographic visualization than it is understood that the magnetic tag of Pooley made from the same disclosed material provides the same functionality. Claim 7/1: Pooley teaches wherein the electromagnetic (EM) tracked fiducial purpose includes the ferromagnetic material of the major portion having a high aspect ratio quality that decreases self-demagnetization effects and increases effective magnetic permeability for electromagnetic tracking [high aspect ratio reduces the self-demagnetisation effect and so increases the effective magnetic permeability of the tag] (Para 0011). Claim 12: Pooley teaches – A system for tracking location and orientation of an object [a sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008), comprising: a device [magnetic tag] (Abstract) including a main body [ribbon] (Para 0011) having a major portion [ferromagnetic ribbon or wire of material] (Para 0011) that is formed from a ferromagnetic material [such as an amorphous or nanocrystalline alloy (e.g. Metglas 2826 MB or the Vacuumschmeltze VITROVAC or VITROPERM materials)] (Para 0011), the ferromagnetic material configured for a dual purpose including – a primary functioning purpose, including at least one of an original sensing purpose [a tag incorporating a wound inductor 1102 and separate capacitor 1103] (Para 0063) [Pulse-echo detection at the fundamental frequency (H1) or at an odd harmonic (H3, H5, etc.) of the AC interrogation field, is the preferred method of detecting this response, as illustrated in FIG. 10c.] (Para 0063); and a secondary tracking purpose, including an electromagnetic (EM) tracked fiducial purpose [FIGS. 9a-b show flow charts for a tag tracking process] (Para 0059) [electromagnetic tracking] (Para 0004); and a sensing system including an electromagnetic sensing device configured to track the device by electromagnetic means [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008) [electromagnetic tracking] (Para 0004), wherein the ferromagnetic material permits for a determining of a location and an orientation of the device by the sensing system [FIGS. 9a-b show flow charts for a tag tracking process] (Para 0059) [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008). Claim 13/12: Pooley teaches wherein the electromagnetic sensing device includes a plurality of coils arranged to generate one or more magnetic fields [the sensing system comprising selection coils and interrogation coils] (Para 0008), and at least some of the plurality of coils arranged to receive harmonics, intermodulation products, or time dependent variations of the one or more magnetic fields [at least some of the interrogation coils are arranged to receive harmonics, intermodulation products or time dependent variations of the AC magnetic fields, from which the orientation of the tag is determined in use] (Claim 1), from which the location and the orientation of the device is determined [a sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008). Claim 14: Pooley teaches – A method for tracking location and orientation of an object [a sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008), comprising steps of: providing a device [magnetic tag] (Abstract) including a main body [ribbon] (Para 0011) having a major portion [ferromagnetic ribbon or wire of material] (Para 0011) that is formed from a ferromagnetic material [such as an amorphous or nanocrystalline alloy (e.g. Metglas 2826 MB or the Vacuumschmeltze VITROVAC or VITROPERM materials)] (Para 0011), the ferromagnetic material configured for a dual purpose including – a primary functioning purpose, including at least one of an original sensing purpose [a tag incorporating a wound inductor 1102 and separate capacitor 1103] (Para 0063) [Pulse-echo detection at the fundamental frequency (H1) or at an odd harmonic (H3, H5, etc.) of the AC interrogation field, is the preferred method of detecting this response, as illustrated in FIG. 10c.] (Para 0063); and a secondary tracking purpose, including an electromagnetic (EM) tracked fiducial purpose [FIGS. 9a-b show flow charts for a tag tracking process] (Para 0059) [electromagnetic tracking] (Para 0004); providing a sensing system including an electromagnetic sensing device configured to track the device by electromagnetic means [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008) [electromagnetic tracking] (Para 0004), wherein the ferromagnetic material permits for a determining of a location and an orientation of the device by the sensing system [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008); identifying the device using at least one of electromagnetic sensing by the sensing system [A field-free point (FFP) or field-free line (FFL) can be generated and moved to search for the location of the tag] (Para 0012) [Once located, the tag orientation (or orientations) can be determined and tracked by iteratively adjusting the selection field to the track the peak of the AC response] (Para 0013); and Examiner’s Note: Searching and locating the tag reads on identifying the device. determining the location and the orientation of the device using at least one of electromagnetic sensing by the sensing system [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pooley et al. (U.S. Patent Application 2020/0060578 A1) as applied to claim(s) 1 above, and further in view of Smith (U.S. Patent Application 2005/0251031 A1). Claim 3/1: Pooley fails to teach a woven braid. However, Smith teaches wherein the original structural purpose includes the ferromagnetic material forming a woven braid within a wall structure of a catheter [A wide variety of catheters are braided with material that forms an exterior, an interior, or is integrally formed with the walls of a catheter] (Para 0079), wherein the woven braid provides both structural reinforcement of the catheter [a plurality of braids can be used to form a shield in the transmission line] (Para 0081) and electromagnetic tracking capability [adapted to receive an electromagnetic signal] (Claim 6) in order to utilize the braid structure to avoid consuming extra space in the catheter (Para 0080) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pooley to include the braid structure as taught by Smith in order to utilize the braid structure to avoid consuming extra space in the catheter (Para 0080). Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pooley et al. (U.S. Patent Application 2020/0060578 A1) as applied to claim(s) 1 above, and further in view of Cohen et al. (U.S. Patent 11,006,975 B1). Claim 6/1: Pooley fails to teach a therapeutic purpose. However, Cohen teaches wherein the therapeutic purpose includes the ferromagnetic material [the rings may be made of a ferromagnetic material] (Col. 24, Line 60-61) forming a drug-eluting component that provides both controlled therapeutic release [Devices such as those described herein may deliver drugs …and dispense a drug or ablation agent through holes along the device, in a process akin to drip irrigation] (Col. 86, Line 34-41) and electromagnetic tracking capability [the rings may be made of a ferromagnetic material] (Col. 24, Line 60-61) in order to deliver drug to improve patient outcomes (Col. 1, Line 33-35) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pooley to include the drug delivery as taught by Cohen in order to deliver drug to improve patient outcomes (Col. 1, Line 33-35). Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pooley et al. (U.S. Patent Application 2020/0060578 A1) as applied to claim(s) 1 above, and further in view of Vogtmeier et al. (U.S. Patent Application 2022/0226069 A1). Claim 8/1: Pooley fails to teach a QR code pattern. However, Vogtmeier teaches wherein the secondary tracking purpose further includes an optical tracked fiducial purpose [The QR like code can be printed in an optical visible way, and also can be 3D-printed, with materials that can have similar optical properties, but have different x-ray absorption and/or different MRI contrast due to the different material properties per 3D-printed voxel] (Para 0106) including the ferromagnetic material having either a two-dimensional QR code pattern or a three-dimensional QR code pattern [the platelets can have various sizes in the QR grid, providing for different information states, that have different signals in MRI and can be seen as different sizes in X-ray] (Para 0132) that provides both visual identification [centre of each pixel a ferromagnetic platelet can be positioned] (Para 0132) and electromagnetic tracking capabilities in order to allow for flexibility in imaging It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pooley to include the QR code as taught by Vogtmeier in order to allow for flexibility in imaging. For example, if a doctor decides that a different imaging protocol, for example MRI, is required the patient can then immediately be taken to an MRI scanner and again image data of the marker can be used to automatically enable the MRI scanner to image the region of interest and be correctly set-up for imaging as required (Para 0012). Claim 9/1: Pooley fails to teach a tracking frame. However, Vogtmeier teaches wherein the main body includes a tracking frame [patient marker] (Figure 1, Element 10), and at least a portion of the tracking frame is formed from the ferromagnetic material [centre of each pixel a ferromagnetic platelet can be positioned] (Para 0132) in order to in order to allow for flexibility in imaging It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pooley to include the tracking frame as taught by Vogtmeier in order to allow for flexibility in imaging. For example, if a doctor decides that a different imaging protocol, for example MRI, is required the patient can then immediately be taken to an MRI scanner and again image data of the marker can be used to automatically enable the MRI scanner to image the region of interest and be correctly set-up for imaging as required (Para 0012). Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pooley et al. (U.S. Patent Application 2020/0060578 A1) as applied to claim(s) 1 above, and further in view of Vogtmeier et al. (U.S. Patent Application 2022/0226069 A1) and Tohme et al. (U.S. Patent Application 2015/0276996 A1). Claim 10/1: Pooley fails to teach a tracking frame. However, Vogtmeier teaches wherein the main body includes a tracking frame [patient marker] (Figure 1, Element 10) and a plurality of spheres arranged on the tracking frame, and each of the plurality of spheres has a ferromagnetic material [the plurality of regions comprises regions having a ferromagnetic particle 50. In an example, a particle is spherically sized] (Para 0072-0073), the ferromagnetic core enabling the EM tracking while the outer surface enabling optical tracking [patient marker, an example of which is shown in FIG. 4, is visible in image data acquired by x-ray, CT and MRI systems—either by the diagnostic imaging modality itself and/or in image data acquired by a visible camera used as part of these diagnostic imaging systems] (Para 0105) [The QR like code can be printed in an optical visible way, and also can be 3D-printed, with materials that can have similar optical properties, but have different x-ray absorption and/or different MRI contrast due to the different material properties per 3D-printed voxel] (Para 0106) in order to allow for flexibility in imaging. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pooley to include the tracking frame as taught by Vogtmeier in order to allow for flexibility in imaging. For example, if a doctor decides that a different imaging protocol, for example MRI, is required the patient can then immediately be taken to an MRI scanner and again image data of the marker can be used to automatically enable the MRI scanner to image the region of interest and be correctly set-up for imaging as required (Para 0012). Pooley and Vogtmeier fail to teach a reflective outer surface. However, Tohme teaches a reflective outer surface [substrate is made from a ferromagnetic material and has an electroless nickel outer coating] (Abstract) in order to allow for precision with high accuracy (Para 0010) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Poolet and Vogtmeier with the reflective outer surface as taught by Tohme in order to allow for precision with high accuracy (Para 0010) Claim 11/10/1: Pooley and Vogtmeier fail to teach a reflective outer surface. However, Tohme teaches wherein the reflective outer surface is formed by at least one of a reflective coating [wherein the substrate is made from a ferromagnetic material and comprises an electroless nickel coating] (Para 0024) in order to allow for precision with high accuracy (Para 0010) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Poolet and Vogtmeier with the reflective outer surface as taught by Tohme in order to allow for precision with high accuracy (Para 0010). Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pooley et al. (U.S. Patent Application 2020/0060578 A1) as applied to claim(s) 14 above, and further in view of Davies (U.S. Patent Application 2019/0008412 A1). Claim 15/14: Pooley teaches identifying the device [A field-free point (FFP) or field-free line (FFL) can be generated and moved to search for the location of the tag] (Para 0012) [Once located, the tag orientation (or orientations) can be determined and tracked by iteratively adjusting the selection field to the track the peak of the AC response] (Para 0013) with electromagnetic sensing device [sensing system for determining the location and orientation of an object which comprises a magnetic tag] (Para 0008) [electromagnetic tracking] (Para 0004) Pooley fails to teach identifying by determining at least one shape feature. However, Davies teaches further comprising steps of identifying the device by determining at least one shape feature of the device [the identity of the medical device and by the size, shape and/or construction of the medical device either as recognised directly from the imaging system and/or from the specification information returned from the databank] (Para 0095); and comparing the at least one shape feature to a predetermined shape feature stored in a database [The databank 8 contains a record of marker signatures or shape/pattern signatures that are compared to either: the images or image data derived from the imaged device] (Para 0086) [The databank can operate as a lookup table so that when a match between the information derived from the medical device and the signatures in the databank is discovered] (Para 0086) in order to automatically identify devices accurately without needing to worry about accurate and cumbersome documentation (Para 0003-0006) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pooley with the identifying the device by determining a shape feature of the device as taught by Davies in order to automatically identify devices accurately without needing to worry about accurate and cumbersome documentation (Para 0003-0006). Claim 16/15/14: Pooley teaches the ferromagnetic material of the device [ferromagnetic ribbon or wire of material] (Para 0011). Pooley fails to teach the shape feature identification. However, Davies teaches wherein the at least one shape feature is at least one of a configuration, a volume, a thickness, and a geometry of the material of the device [medical devices and their characteristics to aid/infer recognition by shape, strut number, form, size, configuration, relative dimensions] (Para 0052) in order to automatically identify devices accurately without needing to worry about accurate and cumbersome documentation (Para 0003-0006) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pooley with the identifying the device by determining a shape feature of the device as taught by Davies in order to automatically identify devices accurately without needing to worry about accurate and cumbersome documentation (Para 0003-0006). Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pooley et al. (U.S. Patent Application 2020/0060578 A1) as applied to claim(s) 14 above, and further in view of Vogtmeier et al. (U.S. Patent Application 2022/0226069 A1). Claim 17/14: Pooley teaches the step of identifying the device [A field-free point (FFP) or field-free line (FFL) can be generated and moved to search for the location of the tag] (Para 0012) [Once located, the tag orientation (or orientations) can be determined and tracked by iteratively adjusting the selection field to the track the peak of the AC response] (Para 0013) Examiner’s Note: Searching and locating the tag reads on identifying the device. Pooley fails to teach an optical sensing device. However, Vogtmeier teaches further includes steps of providing the sensing system with an optical sensing device configured to identify the device by optical means [The patient marker, an example of which is shown in FIG. 4, is visible in image data acquired by x-ray, CT and MRI systems—either by the diagnostic imaging modality itself and/or in image data acquired by a visible camera used as part of these diagnostic imaging systems] (Para 0105) in order to allow for flexibility in imaging It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pooley to include the optical sensing device as taught by Vogtmeier in order to allow for flexibility in imaging. For example, if a doctor decides that a different imaging protocol, for example MRI, is required the patient can then immediately be taken to an MRI scanner and again image data of the marker can be used to automatically enable the MRI scanner to image the region of interest and be correctly set-up for imaging as required (Para 0012). Claim 18/17/14: Pooley fails to teach the optical sensing device. However, Vogtmeier teaches using optical tracking by the optical sensing device when line of sight is available; and using electromagnetic tracking to provide continuous tracking when optical tracking is interrupted [a marker can be placed on or in a patient. That patient can be imaged by one imaging protocol, for example using a CT system, and the image data of the marker can be used to enable a particular region of interest of the patient to be imaged and/or enables the imaging system to be set-up for imaging in the required manner. If a doctor then decides that a different imaging protocol, for example MRI, is required the patient can then immediately be taken to an MRI scanner and again image data of the marker can be used to automatically enable the MRI scanner to image the region of interest and be correctly set-up for imaging as required] (Para 0012) in order to allow for flexibility in imaging Examiner’s Note: Although the example is between CT and MRI, it is understood that the same principle would apply to the disclosed optical sensing system and MRI of Vogtmeier. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pooley to include the optical sensing device as taught by Vogtmeier in order to allow for flexibility in imaging. Claim 19/17/14: Pooley teaches the identification and ferromagnetic material (See rejection of Claim 12). Pooley fails to teach validation. However, Vogtmeier teaches a step of comparing an optical identification with an electromagnetic identification for validation, the comparing involving a determining of a similarity of at least one shape feature of the material [geometry and material composition of the marker is known (from a database or via info from the identified marker ID)] (Para 0141) in order to remove the marker from the image (Para 0141) Examiner’s Note: The image data is acquired by cameras (optical sensing) (Para 0105). These images can be modified to have the marker removed through CT/MRI images of the marker in order to achieve a better view of the anatomy. The Examiner contends that the two modalities of electromagnetic (MRI) and optical (camera) sensing are used for the purpose of validating the marker in the image in order to remove the marker from the image (Para 0141) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pooley to include the validation as taught by Votgmeier in order to remove the marker from the image (Para 0141) Claim 20/17/14: Pooley fails to teach fidelity between the modalities. However, Vogtmeier teaches further comprising comparing an optical identification of the device by the optical sensing device with an electromagnetic identification of the device by the electromagnetic sensing device for fidelity (Para 0141) in order to remove the marker from the image (Para 0141) Examiner’s Note: The image data is acquired by cameras (optical sensing) (Para 0105). These images can be modified to have the marker removed through CT/MRI images of the marker in order to achieve a better view of the anatomy. The Examiner contends that the two modalities of electromagnetic (MRI) and optical (camera) sensing are used for the purpose of validating the marker in the image in order to remove the marker from the image (Para 0141) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Pooley to include the fidelity as taught by Votgmeier in order to remove the marker from the image (Para 0141). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Weber et al. (U.S. Patent Application 2007/0032862 A1) – Weber teaches a method can include delivering an electrically conductive coil into a lumen of a subject. In certain embodiments, the method can further include delivering at least a portion of an endoprosthesis into a lumen of the electrically conductive coil. In some embodiments, the method may enhance the MRI visibility of material within a lumen of the endoprosthesis. Buesseler et al. (U.S. Patent Application 2016/0276739 A1) – Buesseler teaches a medical device is configured for diagnosis or treatment of a tissue within a body. The medical device comprises an elongate member and a position sensor. The elongate member is configured to be received within the body, and has a lumen extending between a proximal end and a distal end. The position sensor is disposed within the lumen proximate the distal end of the deformable member. The position sensor comprises a coil wound to form a central passage and configured to generate a current flow when subject to a magnetic field, and a high-permeability antenna having at least a portion disposed outside the central passage to concentrate the magnetic field into the coil and increase the current flow. Andreason (U.S. Patent Application 2021/0338098 A1) – Andreason teaches a medical tracking system including a medical trackable structure configured to be inserted in a body of a patient, a control circuit, and a sensor is provided. The medical trackable structure includes a permanent magnet, and a coil arranged adjacent to the permanent magnet. The control circuit is configured to apply an excitation signal to the coil and rotate the permanent magnet. The permanent magnet is configured to generate a magnetic field including harmonics during the rotation, based in part on the excitation signal applied to the coil. The sensor is configured to sense the harmonics included in the magnetic field and to output to the control circuit a sensor signal based on the magnetic field. The control circuit further calculates position information associated with the medical trackable structure within the body of the patient based on the sensor signal. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENE C BOR whose telephone number is (571)272-2947. The examiner can normally be reached Mon - Fri 10:30 - 6:30. 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, Christopher Koharski can be reached at (571) 272-7230. 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. /Helene Bor/Examiner, Art Unit 3797 /CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
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Prosecution Timeline

Dec 04, 2024
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
51%
Grant Probability
81%
With Interview (+29.9%)
4y 11m (~3y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 559 resolved cases by this examiner. Grant probability derived from career allowance rate.

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