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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-7, 9, 11-14, 16, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Greene (US 20170252124 A1) in view of Hendricks (US 20220000580 A1)
Regarding claim 1, Greene teaches a marker sized for introduction into a target tissue region within a patient's body ([0009] a marker is provided sized for introduction into a target tissue region within a patient's body)
photosensitive diodes configured to convert external light received from a light source outside a patient's body into electrical energy ([0010] one or more photosensitive diodes to convert light received from a light source outside a patient's body into electrical energy)
an antenna; and a switch coupled with the antenna ([0009] a switch; an antenna coupled to the switch).
Greene fails to teach circuitry configured to selectively apply the electrical energy to a light emitting diode (LED) to cause the LED to emit a light, and selectively apply the electrical energy to the switch to open and close the switch.
However, Hendricks teaches circuitry configured to selectively apply the electrical energy to a light emitting diode (LED) to cause the LED to emit a light ([0077] FIG. 4A shows an example electrical circuit 400 for operating the light source 401 of the active marker device according to an exemplary embodiment of the invention. The light source is embodied as a light emitting diode (LED) 401)
and selectively apply the electrical energy to the switch to open and close the switch ([0077] the light source 401 is coupled to a switching circuit 408)
Greene and Hendricks are considered analogous because both disclose implantable medical markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to use an LED as a light source to control a switching circuit so that the average LED temperature may be lower such that efficiency is improved and brighter light flashes may be emitted from the LED (Hendricks [0013]).
Regarding claim 3, Greene teaches the circuitry is configured such that the light from the light source causes the switch to open and close to modulate electromagnetic signals from a probe reflected by the marker ([0010] a capacitor coupled to the one or more photosensitive diodes for storing the electrical energy, a threshold element coupled to the capacitor and a switch, the threshold element configured to close the switch when the electrical energy stored by the capacitor reaches a threshold voltage to deliver electrical energy to the antenna, whereupon the antenna transmits a radio frequency (RF) pulse).
Regarding claim 4, Greene teaches a storage circuit coupled to the photosensitive diodes for storing electrical energy generated by the energy converter until a predetermined threshold is achieved, wherein the storage circuit delivers the electrical energy to the LED when the predetermined threshold is achieved ([0009] a storage circuit coupled to the energy converter for storing electrical energy generated by the energy converter until a predetermined threshold is achieved, the storage circuit coupled to the switch for closing the switch when the predetermined threshold is achieved to deliver electrical energy to the antenna).
Regarding claim 5, Greene fails to teach a sequence generator, the sequence generator configured to control application of the electrical energy to the LED based on the code sequence
However, Hendricks teaches a sequence generator, the sequence generator configured to control application of the electrical energy to the LED based on the code sequence ([0032] the pulses generated by the light source can be triggered by an external triggering signal, e.g. a RF triggering signal. In this way, the pulsed mode can be defined by an external source emitting the signal triggering the pulses of the light source).
Greene and Hendricks are considered analogous because both disclose implantable medical markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to control operation of the device through a predetermined pulse sequence so that the specific pulsed mode can be determined during the operation of the active marker device and does not need to be determined before implanting the active marker device (Hendricks [0032]).
Regarding claim 6, Greene teaches the external light received from the light source is infrared (IR) ([0025] infrared light striking the diodes 12a. Thus, if a probe is provided that selectively delivers different segments of infrared light, the probe may be operated to transmit a segment of infrared light that activates a target marker that includes a filter passing that segment).
Regarding claim 7, Greene teaches the circuitry applies the electrical energy to the one or more of the photosensitive diodes during a first period of time, and applies the electrical energy to the switch during a second period of time ([0037] the probe 40 may transmit a first segment for a first period sufficient to activate and detect a first marker, then transmit a second segment for a second period sufficient to activate and detect a second marker, and the like).
Regarding claim 9, Greene teaches a system for localization of a target tissue region within a patient's body ([0008] systems and methods for localizing such markers within a patient's body)
a probe comprising one or more antennas for transmitting radiofrequency signals into a patient's body and receiving backscatter signals ([0011] a probe comprising a light source configured to transmit a transmit light into the patient's body towards the marker; a receive antenna configured to receive the RF signal transmitted by the marker)
and a plurality of markers sized for introduction into a target tissue region within the patient's body ([0020] delivering one or more of the markers into tissue)
photosensitive diodes configured to convert external light received from a light source outside a patient's body into electrical energy ([0010] one or more photosensitive diodes to convert light received from a light source outside a patient's body into electrical energy)
an antenna; and a switch coupled with the antenna ([0009] a switch; an antenna coupled to the switch).
Greene fails to teach circuitry configured to selectively apply the electrical energy to a light emitting diode (LED) to cause the LED to emit a light, and selectively apply the electrical energy to the switch to open and close the switch.
However, Hendricks teaches circuitry configured to selectively apply the electrical energy to a light emitting diode (LED) to cause the LED to emit a light ([0077] FIG. 4A shows an example electrical circuit 400 for operating the light source 401 of the active marker device according to an exemplary embodiment of the invention. The light source is embodied as a light emitting diode (LED) 401)
and selectively apply the electrical energy to the switch to open and close the switch ([0077] the light source 401 is coupled to a switching circuit 408)
Greene and Hendricks are considered analogous because both disclose implantable medical markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to use an LED as a light source to control a switching circuit so that the average LED temperature may be lower such that efficiency is improved and brighter light flashes may be emitted from the LED (Hendricks [0013]).
Regarding claim 11, Greene teaches the circuitry is configured such that the light from the light source causes the switch to open and close to modulate electromagnetic signals from a probe reflected by the marker ([0010] a capacitor coupled to the one or more photosensitive diodes for storing the electrical energy, a threshold element coupled to the capacitor and a switch, the threshold element configured to close the switch when the electrical energy stored by the capacitor reaches a threshold voltage to deliver electrical energy to the antenna, whereupon the antenna transmits a radio frequency (RF) pulse).
Regarding claim 12, Greene teaches a storage circuit coupled to the photosensitive diodes for storing electrical energy generated by the energy converter until a predetermined threshold is achieved, wherein the storage circuit delivers the electrical energy to the LED when the predetermined threshold is achieved ([0009] a storage circuit coupled to the energy converter for storing electrical energy generated by the energy converter until a predetermined threshold is achieved, the storage circuit coupled to the switch for closing the switch when the predetermined threshold is achieved to deliver electrical energy to the antenna).
Regarding claim 13, Greene fails to teach a sequence generator, the sequence generator configured to control application of the electrical energy to the LED based on the code sequence
However, Hendricks teaches a sequence generator, the sequence generator configured to control application of the electrical energy to the LED based on the code sequence ([0032] the pulses generated by the light source can be triggered by an external triggering signal, e.g. a RF triggering signal. In this way, the pulsed mode can be defined by an external source emitting the signal triggering the pulses of the light source).
Greene and Hendricks are considered analogous because both disclose implantable medical markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to control operation of the device through a predetermined pulse sequence so that the specific pulsed mode can be determined during the operation of the active marker device and does not need to be determined before implanting the active marker device (Hendricks [0032]).
Regarding claim 14, Greene teaches the circuitry applies the electrical energy to the one or more of the photosensitive diodes during a first period of time, and applies the electrical energy to the switch during a second period of time ([0037] the probe 40 may transmit a first segment for a first period sufficient to activate and detect a first marker, then transmit a second segment for a second period sufficient to activate and detect a second marker, and the like).
Regarding claim 16, Greene fails to teach an imaging device configured to detect the light from the LED, analyze a blinking pattern from the LED, and identify a marker based on the blinking pattern.
However, Hendricks teaches an imaging device configured to detect the light from the LED, analyze a blinking pattern from the LED, and identify a marker based on the blinking pattern sequence ([0032] the pulses generated by the light source can be triggered by an external triggering signal, e.g. a RF triggering signal. In this way, the pulsed mode can be defined by an external source emitting the signal triggering the pulses of the light source).
Greene and Hendricks are considered analogous because both disclose implantable medical markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to control operation of the device through a predetermined pulse sequence so that the specific pulsed mode can be determined during the operation of the active marker device and does not need to be determined before implanting the active marker device (Hendricks [0032]).
Regarding claim 17, Greene teaches a method for localization of a target tissue region within a patient's body ([0008] systems and methods for localizing such markers within a patient's body)
introducing a marker into the target tissue region ([0011] transmit light into the patient's body towards the marker)
photosensitive diodes configured to convert external light received from a light source outside a patient's body into electrical energy ([0010] one or more photosensitive diodes to convert light received from a light source outside a patient's body into electrical energy)
an antenna; a switch coupled with the antenna ([0009] a switch; an antenna coupled to the switch)
placing the probe adjacent the target tissue region; and activating the probe, whereupon the probe transmits the external light to the marker ([0011] a probe comprising a light source configured to transmit a transmit light into the patient's body towards the marker; a receive antenna configured to receive the RF signal transmitted by the marker; a processor coupled to the receive antenna for correlating a frequency of the RF signals from the marker to a distance from the probe to the target tissue region within which the marker is introduced; and an output device coupled to the processor for providing information related to the distance)
Greene fails to teach circuitry configured to selectively apply the electrical energy to a light emitting diode (LED) to cause the LED to emit a light, and selectively apply the electrical energy to the switch to open and close the switch.
However, Hendricks teaches circuitry configured to selectively apply the electrical energy to a light emitting diode (LED) to cause the LED to emit a light ([0077] FIG. 4A shows an example electrical circuit 400 for operating the light source 401 of the active marker device according to an exemplary embodiment of the invention. The light source is embodied as a light emitting diode (LED) 401)
and selectively apply the electrical energy to the switch to open and close the switch ([0077] the light source 401 is coupled to a switching circuit 408)
Greene and Hendricks are considered analogous because both disclose implantable medical markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to use an LED as a light source to control a switching circuit so that the average LED temperature may be lower such that efficiency is improved and brighter light flashes may be emitted from the LED (Hendricks [0013]).
Regarding claim 19, Greene teaches the circuitry of the marker is configured such that the external light from the probe causes the switch to open and close to modulate electromagnetic signals from a probe reflected by the marker ([0031] the distal end 62b may include a band or other feature, e.g., formed from radiopaque, echogenic, or other material, which may facilitate monitoring the distal end 62b during introduction, e.g., using fluoroscopy, ultrasound, electromagnetic signals, and the like).
Regarding claim 20, Greene teaches a storage circuit coupled to the photosensitive diodes for storing electrical energy generated by the energy converter until a predetermined threshold is achieved, wherein the storage circuit delivers the electrical energy to the LED when the predetermined threshold is achieved ([0009] a storage circuit coupled to the energy converter for storing electrical energy generated by the energy converter until a predetermined threshold is achieved, the storage circuit coupled to the switch for closing the switch when the predetermined threshold is achieved to deliver electrical energy to the antenna).
Claim(s) 2, 10, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Greene in view of Hendricks as applied to claims 1, 9, and 17 respectively above, and further in view of Sharma (US 20190388105 A1).
Regarding claim 2, Greene as modified fails to teach a relaxation oscillator coupled to the one or more photosensitive diodes.
However, Sharma teaches a relaxation oscillator coupled to the one or more photosensitive diodes ([0053] This synchronization can be achieved by implementing an ultra low power relaxation oscillator)
Greene as modified and Sharma are considered analogous because both disclose medical applications of tracking markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to couple a relaxation oscillator to an electronic component such as a diode in order for an on-chip clock to synchronize the time for the components (Sharma [0053]).
Regarding claim 10 Greene as modified fails to teach a relaxation oscillator coupled to the one or more photosensitive diodes.
However, Sharma teaches a relaxation oscillator coupled to the one or more photosensitive diodes ([0053] This synchronization can be achieved by implementing an ultra low power relaxation oscillator)
Greene as modified and Sharma are considered analogous because both disclose medical applications of tracking markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to couple a relaxation oscillator to an electronic component such as a diode in order for an on-chip clock to synchronize the time for the components (Sharma [0053]).
Regarding claim 18, Greene as modified fails to teach a relaxation oscillator coupled to the one or more photosensitive diodes.
However, Sharma teaches a relaxation oscillator coupled to the one or more photosensitive diodes ([0053] This synchronization can be achieved by implementing an ultra low power relaxation oscillator)
Greene as modified and Sharma are considered analogous because both disclose medical applications of tracking markers. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to couple a relaxation oscillator to an electronic component such as a diode in order for an on-chip clock to synchronize the time for the components (Sharma [0053]).
Claim(s) 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Greene in view of Hendricks as applied to claims 1 and 9 respectively above, and further in view of Fullerton (US 20190365279 A1).
Regarding claim 8, Greene as modified fails to teach the circuitry applies the electrical energy to LED and applies the electrical energy to the switch simultaneously.
However, Fullerton teaches the circuitry applies the electrical energy to LED and applies the electrical energy to the switch simultaneously ([0271] simultaneously, the probe 1020 may transmit light pulses 1038a, which may be received by the diodes 1052. The diodes 1052 may alternately generate a voltage, causing the switch 54 to open and close).
Greene as modified and Fullerton are considered analogous because both disclose medical marker tracking systems. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to transmit energy simultaneously in order to cause the tag 40 to change the phase of the signals reflected back to the probe 1020, which may process the signals, e.g., by subtraction, to identify and/or locate the tag 1040, and consequently the target lesion (Fullerton [0271]).
Regarding claim 15, Greene as modified fails to teach the circuitry applies the electrical energy to LED and applies the electrical energy to the switch simultaneously.
However, Fullerton teaches the circuitry applies the electrical energy to LED and applies the electrical energy to the switch simultaneously ([0271] simultaneously, the probe 1020 may transmit light pulses 1038a, which may be received by the diodes 1052. The diodes 1052 may alternately generate a voltage, causing the switch 54 to open and close).
Greene as modified and Fullerton are considered analogous because both disclose medical marker tracking systems. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to transmit energy simultaneously in order to cause the tag 40 to change the phase of the signals reflected back to the probe 1020, which may process the signals, e.g., by subtraction, to identify and/or locate the tag 1040, and consequently the target lesion (Fullerton [0271]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL VICTOR POPESCU whose telephone number is (571)272-7065. The examiner can normally be reached M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne 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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/GABRIEL VICTOR POPESCU/ Examiner, Art Unit 3797
/SERKAN AKAR/ Primary Examiner, Art Unit 3797