DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
This application is a continuation of US Application no. 17/969,027, now US Patent no. 12,226,172, filed 19 October 2022, which is a continuation of US Application no. 17/148,054, now US Patent no. 11,633,238, filed 13 January 2021, which is a continuation of US Application no. 16/426,091, now US Patent no. 10,918,446, filed 30 May 2019, which is a continuation of US Application no. 15/860,921, now US Patent no. 10,470,826, filed 3 January 2018, which is a continuation of US Applications no. 15/254,207, now US Patent no. 9,888,972, filed 1 September 2016, which is a continuation of US Application no. 14/686,408, now US Patent no. 9,445,862, filed 14 April 2015, which is a continuation of US Application no. 13/792,670, now US Patent no. 9,011,423, filed 11 March 2013, which claims the benefit of priority from US Provisional Application nos. 61/723,311, 61/670,881, and 91/649,734 respectively filed 6 November 2012, 12 July 2012, and 21 May 2012.
Response to Amendment
The preliminary amendment filed 8 January 2025 has been acknowledged. Claims 2-16 are pending, wherein claims 2-16 are new.
Double Patenting
Claims 2-16 are directed to the same invention as that of claims 1-15 of commonly assigned U.S. Patent No. 12,383,208. The issue of priority under pre-AIA 35 U.S.C. 102(g) and possibly pre-AIA 35 U.S.C. 102(f) of this single invention must be resolved.
The U.S. Patent and Trademark Office normally will not institute an interference between applications or a patent and an application having common ownership (see MPEP Chapter 2300). Either the applicant must amend or cancel claims such that the reference and the instant application no longer contain claims directed to the same invention, or the assignee must state which entity is the prior inventor of the commonly claimed subject matter. A terminal disclaimer has no effect in this situation since the basis for refusing more than one patent is priority of invention under pre-AIA 35 U.S.C. 102(f) or (g) and not an extension of monopoly.
Failure to comply with this requirement will result in a holding of abandonment of this application.
The chart below illustrates that present claim 2 recites in haec verba the limitations of previously issued claim 1 of the ‘208 patent.
Claim 1 of the ‘208 patent:
A medical system comprising:
a data processing device system;
an input-output device system communicatively connected to the data processing device system; and
a memory device system communicatively connected to the data processing device system and storing a program executable by the data processing device system, the data processing device system configured by the program at least to:
cause display, via the input-output device system, of a graphical representation of at least a spatial distribution of a plurality of transducers of at least a portion of a transducer-based device, the at least the portion of the transducer-based device positionable within a bodily cavity, the plurality of transducers configured to at least detect electrophysiological activity within the bodily cavity;
receive first input via the input-output device system, the first input indicating a graphical path indicating a group of transducers from the spatial distribution of the plurality of transducers graphically represented in the graphical representation; and
cause, via the input-output device system and in response to the first input, altering of a display of electrogram signals, the altering resulting in a display of a first arrangement of electrogram signals derived from the electrophysiological activity detected by the group of transducers.
Claim 2 of the present invention:
A medical system comprising:
a data processing device system;
an input-output device system communicatively connected to the data processing device system; and
a memory device system communicatively connected to the data processing device system and storing a program executable by the data processing device system, the data processing device system configured by the program at least to:
cause display, via the input-output device system, of a graphical representation of at least a spatial distribution of a plurality of transducers of at least a portion of a transducer-based device, the at least the portion of the transducer-based device positionable within a bodily cavity, the plurality of transducers configured to at least detect electrophysiological activity within the bodily cavity; receive first input via the input-output device system, the first input indicating a graphical path indicating a group of transducers from the spatial distribution of the plurality of transducers graphically represented in the graphical representation; and
cause, via the input-output device system and in response to the first input, altering of a display of electrogram signals, the altering resulting in a display of a first arrangement of electrogram signals derived from the electrophysiological activity detected by the group of transducers.
Present depending claims 3-14 have been reviewed in light of the depending claims of 2-13 of the ‘208 patent. Claims 2-13 of the ‘208 patent also recite in haec verba the limitations of the present invention.
The chart below illustrates that present claim 15 recites in haec verba the limitations of previously issued claim 14 of the ‘208 patent.
Claim 14 of the ‘208 patent:
A method executed by a data processing device system according to a program stored by a communicatively connected memory device system, the data processing device system also communicatively connected to an input-output device system, and the method comprising: causing display, via the input-output device system, of a graphical representation of at least a spatial distribution of a plurality of transducers of at least a portion of a transducer-based device, the at least the portion of the transducer-based device positionable within a bodily cavity, the plurality of transducers configured to at least detect electrophysiological activity within the bodily cavity;
receiving first input via the input-output device system, the first input indicating a graphical path indicating a group of transducers from the spatial distribution of the plurality of transducers graphically represented in the graphical representation; and
causing, via the input-output device system and in response to the first input, altering of a display of electrogram signals, the altering resulting in a display of a first arrangement of electrogram signals derived from the electrophysiological activity detected by the group of transducers.
Claim 15 of the present invention:
A method executed by a data processing device system according to a program stored by a communicatively connected memory device system, the data processing device system also communicatively connected to an input-output device system, and the method comprising:
causing display, via the input-output device system, of a graphical representation of at least a spatial distribution of a plurality of transducers of at least a portion of a transducer-based device, the at least the portion of the transducer-based device positionable within a bodily cavity, the plurality of transducers configured to at least detect electrophysiological activity within the bodily cavity;
receiving first input via the input-output device system, the first input indicating a graphical path indicating a group of transducers from the spatial distribution of the plurality of transducers graphically represented in the graphical representation; and
causing, via the input-output device system and in response to the first input, altering of a display of electrogram signals, the altering resulting in a display of a first arrangement of electrogram signals derived from the electrophysiological activity detected by the group of transducers.
The chart below illustrates that present claim 16 recites in haec verba the limitations of previously issued claim 15 of the ‘208 patent.
Claim 15 of the ‘208 patent:
One or more non-transitory computer-readable storage mediums storing a program executable by a data processing device system communicatively connected to an input-output device system, the program comprising:
display instructions configured to cause display, via the input-output device system, of a graphical representation of at least a spatial distribution of a plurality of transducers of at least a portion of a transducer-based device, the at least the portion of the transducer-based device positionable within a bodily cavity, the plurality of transducers configured to at least detect electrophysiological activity within the bodily cavity; reception instructions configured to cause reception of first input via the input-output device system, the first input indicating a graphical path indicating a group of transducers from the spatial distribution of the plurality of transducers graphically represented in the graphical representation; and altering instructions configured to cause, via the input-output device system and in response to the first input, altering of a display of electrogram signals, the altering resulting in a display of a first arrangement of electrogram signals derived from the electrophysiological activity detected by the group of transducers.
Claim 16 of the present invention:
One or more non-transitory computer-readable storage mediums storing a program executable by a data processing device system communicatively connected to an input-output device system, the program comprising: display instructions configured to cause display, via the input-output device system, of a graphical representation of at least a spatial distribution of a plurality of transducers of at least a portion of a transducer-based device, the at least the portion of the transducer-based device positionable within a bodily cavity, the plurality of transducers configured to at least detect electrophysiological activity within the bodily cavity; reception instructions configured to cause reception of first input via the input-output device system, the first input indicating a graphical path indicating a group of transducers from the spatial distribution of the plurality of transducers graphically represented in the graphical representation; and
altering instructions configured to cause, via the input-output device system and in response to the first input, altering of a display of electrogram signals, the altering resulting in a display of a first arrangement of electrogram signals derived from the electrophysiological activity detected by the group of transducers.
Allowable Subject Matter
Claims 2-16 would allowable should Applicant’s reply either comply with or specifically traverse the requirements of the double patenting rejection set forth above.
The following is an examiner’s statement of reasons for allowance: the prior art fails to teach the processing system of displaying the graphical path indicating the group of transducers nor for altering the display of electrogram signals acquired from the group of transducers.
A non-statutory double patenting rejection under US 12,133,745 was contemplated as the ‘745 patent recites displaying the graphical pathway of the group of transducers. However, the ‘745 doesn’t recite the feature for altering the display of electrogram signals as presently recited.
EP 3 841 996 (disclosed by Applicant) is considered to be relevant prior art for selecting and displaying multiple electrodes of a catheter in a similar manner as the claimed invention. However, this reference fails as prior art due to a defective filing date.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN T GEDEON whose telephone number is (571)272-3447. The examiner can normally be reached M-F 8:00 am to 5:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David E. Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN T GEDEON/Primary Examiner, Art Unit 3796 9 September 2026
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