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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it is unclear that the claim is either process, machine, manufacture, or composition of matter.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112:
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.
Claims 6, 14-17 are rejected under 35 U.S.C. 112 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.
In claim 14, it is unclear as to what element is performing the determining a position and orientation of a localization device.
In claim 6, it is set forth the term “more preferably a sealed rigid housing”, which is unclear if the limitation after the term preferably is required or optional.
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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gleich et al. (Us 2020/0397510)
With respect to claims 1, 14 Gleich discloses and apparatus and a method for determining a position and an orientation of a localization device , the localization device having a magnet attached to an oscillating element (see para. 0110, “FIG. 6 schematically illustrates the use of a marker device 501 for tracking of tissue. More specifically, in the exemplary embodiment of FIG. 6, the marker device 510 is used to determine the position and/or orientation of a tumor 810. A position determination unit 900 of the tracking system is then used to determine the position of the marker device, and, hence, the tumor 810 relative to the coordinate system provided by the tracking system (not shown). This may allow to more accurately localize the tumor 810 for subsequent removal. For illustrative purposes of the dimensions of the marker device 501 used for tumor localization, FIG. 6 further shows the marker device 501 in relation to a human finger 101. As may be appreciated from this illustrative representation, the marker device 501 has minimal dimensions while at the same time providing for accurate localization.” , the method comprising:
- exciting the magnet using one of an external force or torque ,resulting in a complex oscillatory motion of the magnet , wherein said complex motion comprises translation and rotation of the magnetic moment of the magnet about a rotational axis and the rotational axis is located at an offset distance relative to the center of the magnetic moment of the magnet ;- sensing the magnetic field generated by the magnet using at least one sensor , and - determining the position and the orientation of the localization device from the sensing (see para. 0207, 0208, “In FIG. 20, the sensing unit 4001 comprises a magnetic object 4008 being a permanent magnet suspended via an attachment portion 4006, such as a filament which is preferentially a high strength wire, from a hard wall 4010 of a casing 4002. The hard wall 4010 is preferentially made of a metal or a polymer that is insensitive to external pressure influences. Further, also the remaining part of the casing 4002 might be made of metal or of a polymer. The casing 4002 might be filled with gas or it might provide a vacuum space. A further magnetic object 4007 is fixed via glue 4011 to an inner end surface of the casing 4002. The two magnetic objects 4007, 4008 are generally magnetized in opposite directions. However, the fixed magnetic object 4007 also comprises a part with a reverse magnetization orientation 4012. .
With respect to claim 2 Gleich discloses wherein the exciting using the one of the external force or torque is powered by one of an external magnetic excitation field, or a mechanical excitation (see para. 0051).
With respect to claim 3 Gleich discloses wherein the mechanical exciting is one of a pulse and a wave oscillating in at least one of a longitudinal direction or a shear direction of the oscillating element (see para. 0051) .
With respect to claim 4 Gleich discloses wherein the distance between the said rotational axis and the magnetic moment of the magnet is larger than, at least 5%,preferably 25%, more preferably 100% of the largest dimension of the magnet (0096) .
With respect to claim 5 Gleich discloses wherein the rotational axis and the magnetic moment vector stemming from the magnet are non-parallel, and preferably substantially perpendicular (0087, 0092, 0096).
With respect to claim 6 Gleich discloses wherein the oscillating element is located within a rigid housing , more preferably a sealed rigid housing with vacuum (see para. 207).
With respect to claim 7 Gleich discloses wherein at least one of the sensing or the determining of the position and orientation of the localization device is performed when at least one of the exciting of the magnet is stopped or performed continuously during the exciting of the magnet (see para. 209) .
With respect to claim 8 Gleich discloses wherein the oscillating element comprises a restoring force unit at least one of a cantilever beam or a similar unit providing an elastic restoring force (see para. 0094).
With respect to claim 9 Gleich discloses wherein the sensing and the determining of the position and the orientation of the device are repeated (see para. 0232).
With respect to claim 10 Gleich discloses, wherein the frequency of excitation of the magnet is approximately the resonance frequency of the oscillating element (see para. 0205-0210).
With respect to claim 11 Gleich discloses wherein the determining of the position and the orientation of the localization device comprises using a physical model of the complex oscillatory motion in a time domain (see para. 0150-0163).
With respect to claim 12 Gleich discloses wherein the sensing of the magnetic field generated by the magnet is followed by determining local viscoelastic properties of material (see para. 0098).
With respect to claim 13 Gleich discloses, further comprising using the determined local viscoelastic properties of the material to determine the position and orientation of the device (0179-0182) .
With respect to claim 15 Gleich discloses wherein the magnet comprises a permanent magnet made of a magnetic material, preferably a ferromagnetic material (0213).
With respect to claim 16 Gleich discloses, wherein the oscillating element comprises a restoring force unit, preferably a cantilever (see para. 0207-0210).
With respect to claim 17 Gleich discloses to localize a medical implant in an animal or a human body, chosen from one or more of a catheter, a stent, a guidewire,an endoscope, a capsule endoscope, a drug delivery device or a small-scale robot, or to localize an anatomy, chosen from one or more of a tumor, blood vessel, blood clot,polyp, or nerve (see claim 17 of the reference).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
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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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/JOSEPH M SANTOS RODRIGUEZ/ Primary Examiner, Art Unit 3797
