CTNF 19/213,643 CTNF 95845 Detailed Action Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/25/2025 has been considered by the examiner. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-9, 19-21, 23-26, and 28 of U.S. Patent No. 12,310,676 . Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims are an obvious variant of the claim set from the patent only including minor differences in structure . Claim 1 of the instant invention and claim 1 of US patent ‘676 similarly recites a system comprising: a processor; and a memory storing instructions thereon that, when executed by the processor, cause the processor to: transmit, to at least one of a tracking device and one or more objects in an environment, a signal according to a set of frequencies; determine a distortion in association with an electromagnetic field sensed at the tracking device, wherein the distortion is determined with respect to the set of frequencies, and wherein the distortion is based at least one a relative permeability associated with the one or more objects in the environment; identify, from among the set of frequencies, a set of second frequencies at which a magnitude of the relative permeability associated with the one or more objects is less than a threshold value; transmit, to at least one of the tracking device and the one or more objects in the environment, the signal according to one or more frequencies of the set of second frequencies. Claim 1 of US patent ‘676 further recites wherein a frequency range associated with the set of frequencies is from about 300 Hz to about 30 MHz; and provide navigation information associated with the environment and the tracking device in response to transmitting the signal according to the one or more frequencies, wherein the navigation information comprises pose information of the tracking device. Claim 2 of the instant invention and claim 2 of US patent ‘676 similarly recites wherein the instructions are further executable by the processor to: configure a model in association with compensating for the distortion with respect to at least one frequency of the one or more frequencies, wherein providing the navigation information is based on compensating for the distortion using the model. Claim 2 of the instant invention further recites provide navigation information associated with the environment, wherein the navigation information comprises pose information of the tracking device, as recited in claim 1 of US patent ‘676. Claim 3 of the instant invention and claim 3 of US patent ‘676 similarly recites wherein compensating for the distortion using the model comprises reducing a magnitude associated with the distortion. Claim 4 of the instant invention and claim 4 of US patent ‘676 similarly recites wherein the at least one frequency is greater than a threshold frequency included among the one or more frequencies, wherein the threshold frequency is equal to or greater than a minimum frequency of the one or more frequencies, and wherein the threshold frequency is less than a maximum frequency of the one or more frequencies. Claim 4 of the instant invention further recites wherein a frequency range associated with the set of frequencies is from 300 Hz to 30 MHz, as recited in claim 1 of US patent ‘676. Claims 5, 17, and 19 of the instant invention and claim 28 of US patent ‘676 similarly recites wherein the relative permeability is determined based on a ratio of magnetic permeability and a permeability of free space. Claims 6 and 20 of the instant invention and claim 5 of US patent ‘676 similarly recites transmitting the signal according to the one or more frequencies comprises incrementally increasing or decreasing a frequency associated with transmitting the signal, from a first boundary frequency to a second boundary frequency included in the set of second frequencies. Claim 7 of the instant invention and claim 6 of US patent ‘676 similarly recites wherein determining the distortion is further based on: a magnetic permeability associated with one or more objects in the environment. Claim 8 of the instant invention and claim 7 of US patent ‘676 similarly recites a set of transmission coils, wherein the instructions are further executable by the processor to: transmit the signal from a first transmission coil of the set of transmission coils; transmit the signal or a second signal according to one or more second frequencies of the set of frequencies, from a second transmission coil of the set of transmission coils; and provide the navigation information associated with the environment and the tracking device in response to transmitting the signal or the second signal according to the one or more second frequencies. Claim 9 of the instant invention and claim 8 of US patent ‘676 similarly recites wherein the distortion comprises at least one of: a conductive distortion associated with one or more objects in the environment; and a magnetic distortion associated with the one or more objects in the environment. Claim 10 of the instant invention and claim 9 of US patent ‘676 similarly recites wherein the one or more objects comprise at least one of: one or more ferromagnetic objects: and one or more non-ferromagnetic objects. Claim 11 of the instant invention and claim 19 of US patent ‘676 similarly recites a system comprising: a transmission device that is configured to transmit a signal according to a set of frequencies from about 300 Hz to about 30 MHz; a tracking device; a processor; and a memory storing data thereon that, when processed by the processor, cause the processor to: determine a distortion in association with an electromagnetic field sensed at the tracking device, wherein the distortion is determined with respect to the set of frequencies, and wherein the distortion is based at least on a relative permeability associated with one or more objects in an environment; identify, from among the set of frequencies, a set of second frequencies at which a magnitude of the relative permeability associated with the one or more objects is less than a threshold value; transmit, to at least one of the tracking device and the one or more objects in the environment, the signal using the transmission device according to one or more frequencies of the set of second frequencies. Claim 19 of US patent ‘676 further recites provide navigation information associated with the environment and the tracking device in response to transmitting the signal according to the one or more frequencies, wherein the navigation information comprises pose information of the tracking device. Claim 12 of the instant invention and claim 20 of US patent ‘676 similarly recites wherein the data is further executable by the processor to: configure a model in association with compensating for the distortion with respect to at least one frequency of the one or more frequencies, wherein providing the navigation information is based on applying the model. Claim 12 of the instant invention further recites provide navigation information associated with the environment, wherein the navigation information comprises pose information of the tracking device, as recited in claim 11 of US patent ‘676. Claim 13 of the instant invention and claim 21 of US patent ‘676 similarly recites transmitting the signal according to the one or more frequencies comprises incrementally increasing or decreasing a frequency associated with transmitting the signal, from a first boundary frequency to a second boundary frequency included in the set of second frequencies. Claim 14 of the instant invention and claim 23 of US patent ‘676 similarly recites wherein the transmission device comprises a set of transmission coils, and the data is further executable by the processor to: transmit the signal from a first transmission coil of the set of transmission coils; transmit the signal or a second signal according to one or more second frequencies of the set of frequencies, from a second transmission coil of the set of transmission coils; and provide the navigation information associated with the environment and the tracking device in response to transmitting the signal or the second signal according to the one or more second frequencies. Claim 15 of the instant invention and claim 24 of US patent ‘676 similarly recites wherein the distortion comprises at least one of: a conductive distortion associated with one or more objects in the environment; and a magnetic distortion associated with the one or more objects in the environment. Claim 16 of the instant invention and claim 25 of US patent ‘676 similarly recites wherein the one or more objects comprise at least one of: one or more ferromagnetic objects: and one or more non-ferromagnetic objects. Claim 18 of the instant invention and claim 26 of US patent ‘676 similarly recites a system comprising: navigation circuitry to provide navigation information associated with an environment by: transmitting, to at least one of a tracking device and one or more objects in the environment, a signal according to a set of frequencies; sensing an electromagnetic field based on transmitting the signal according to the set of frequencies; determining a distortion in association with sensing the electromagnetic field, wherein the distortion is determined with respect to the set of frequencies, and wherein the distortion is based at least on a relative permeability associated with the one or more objects in the environment; identifying, from among the set of frequencies, a set of second frequencies at which a magnitude of the relative permeability associated with the one or more object is less than a threshold value; transmitting, to at least one of the tracking device and the one or more objects in the environment, the signal according to one or more frequencies of the set of second frequencies. Claim 18 of US patent ‘676 further recites wherein a frequency range associated with the set of frequencies is from about 300 Hz to 30 MHz, providing the navigation information associated with the environment in response to transmitting the signal according to the one or more frequencies, wherein the navigation information comprises pose information of the one or more objects in the environment. Claim 19 of the instant invention and claim 26 of US patent ‘676 similarly recites wherein a frequency range associated with the set of frequencies is from 300 Hz to 30 MHz . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim 1-2, 5-10, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zuhars et al. (US 20090082989 A1, published March 26, 2009) in view of Udale et al. (US 20240310462 A1, published September 19, 2024 with a priority date of November 3, 2021), hereinafter referred to as Zuhars and Udale, respectively . Regarding claim 1, Zuhars teaches a system (Fig. 1, electromagnetic tracking system 10), comprising: a processor (Fig. 1, processor 23); and a memory storing instructions thereon that, when executed by the processor, cause the processor (Fig. 1, memory 25; see para. 0080 – “…any other medium which can be used to carry or store desired program code in the form of machine-executable instructions or data structures and which can be accessed by a general purpose or special purpose computer or other machine with a processor.”) to: transmit, to at least one of a tracking device (Fig. 1, electromagnetic transmitter assembly 12; see para. 0021 – “In an exemplary embodiment, the at least one electromagnetic transmitter assembly 12 may be attached to a medical device or instrument to be tracked…”) and one or more objects in an environment (Fig. 1, distorter 16), a signal according to a set of frequencies (Fig. 4; see para. 0057 – “The method 400 begins by applying a set of original transmitter frequencies to the set of one or more coils of the electromagnetic transmitter assembly at step 402.”); determine a distortion in association with an electromagnetic field sensed at the tracking device (see para. 0056 – “Differences to some degree beyond a normal amount can be indicative of the presence of a distorter within the electromagnetic field(s) of the electromagnetic tracking system.”), wherein the distortion is determined with respect to the set of frequencies (see para. 0070 – “The system may then continue operation using the set of frequencies that correspond to the lowest distortion indicator levels.”), and wherein the distortion is based at least on a relative permeability (see para. 0056 – “Differences to some degree beyond a normal amount can be indicative of the presence of a distorter within the electromagnetic field(s) of the electromagnetic tracking system.” where relative permeability is a material parameter known in the art related to electromagnetic fields); identify, from among the set of frequencies, a set of second frequencies at which a magnitude of the relative permeability associated with the one or more objects is less than or equal to a threshold value (Fig. 4, step 420 and step 422; see para. 0067 – “If the plurality of position and orientation values or the distortion indicators are within the acceptable range or below the predetermined threshold value, then add the transmitter frequency to the set of optimal transmitter frequencies…”); and transmit, to at least one of the tracking device and the one or more objects in the environment, the signal according to one or more frequencies of the set of second frequencies (Fig. 4, “Change set of original transmitter frequencies to set of optimal transmitter frequencies” step 424). Zuhars teaches determining a distortion in association with an electromagnetic field sensed at the tracking device, and relative permeability is a material parameter known in the art, but does not explicitly teach a distortion based on a relative permeability associated with the one or more objects in the environment. Whereas, Udale, in an analogous field of endeavor, teaches wherein the distortion is based at least on a relative permeability associated with the one or more objects in the environment (see para. 0079 – “Relative magnetic permeability (μ r ) is the ratio of magnetic permeability to the permeability of free space (μ 0 ); that is μ r =μ/μ 0 .”; see para. 0098 – “MRI metal artefacts occur at interfaces of tissues [object in environment] and metal with different magnetic susceptibilities which cause local magnetic fields to distort the external magnetic field. This distortion changes the precession frequency in the tissue leading to spatial mismapping of information.”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified determining a distortion, as disclosed in Zuhars, by having the distortion based on a relative permeability associated with an object in the environment, as disclosed in Udale. One of ordinary skill in the art would have been motivated to make this modification in order to provide an improved magnetic marker with a reduced MRI artefact, as taught in Udale (see para. 0011). Furthermore, regarding claim 2, Zuhars further teaches wherein the instructions are further executable by the processor to: configure a model in association with compensating for the distortion with respect to at least one frequency of the one or more frequencies; and provide navigation information associated with the environment (see para. 0074 – “Alternative measures for detecting electromagnetic field distortion may include a goodness-of-fit indicator used in conjunction with frequency ramping methods, which derives a measure of accuracy degradation from a comparison between measured and modeled results for position and orientation [pose of tracking device] at a particular frequency.”), wherein the navigation information comprises pose information of the tracking device, and wherein providing the navigation information is based on compensating for the distortion using the model (see para. 0075 – “…adjusts the operating parameters of the system in real-time by changing transmitter frequencies being used to compensate for or reduce the effect of the distorter on system performance.”). Furthermore, regarding claim 5, Udale further teaches wherein the relative permeability is determined based on a ratio of magnetic permeability and a permeability of free space (see para. 0079 – “Relative magnetic permeability (μr) is the ratio of magnetic permeability to the permeability of free space (μ0); that is μr=μ/μ0.”). Furthermore, regarding claim 6, Zuhars further teaches wherein transmitting the signal according to the one or more frequencies comprises incrementally increasing or decreasing a frequency associated with transmitting the signal, from a first boundary frequency to a second boundary frequency included in the set of second frequencies (see para. 0071 - “In an exemplary embodiment, the distortion indicator may be computed continuously, and the frequency set can be changed arbitrarily or based on a preset pattern, such as an incremental pattern with wrap around, within the available frequency range whenever the distortion indicator is greater than a predetermined threshold value until a usable frequency set is found.”). Furthermore, regarding claim 7, Udale further teaches wherein determining the distortion is further based on a magnetic permeability associated with the one or more objects in the environment (see para. 0079 – “Relative magnetic permeability (μr) is the ratio of magnetic permeability to the permeability of free space (μ0); that is μr=μ/μ0.”; see para. 0098 – “MRI metal artefacts occur at interfaces of tissues [object in environment] and metal with different magnetic susceptibilities which cause local magnetic fields to distort the external magnetic field. This distortion changes the precession frequency in the tissue leading to spatial mismapping of information.”). Furthermore, regarding claim 8, Zuhars further teaches a set of transmission coils (Fig. 4; see para. 0057 – “The method 400 begins by applying a set of original transmitter frequencies to the set of one or more coils of the electromagnetic transmitter assembly at step 402.”), wherein the instructions are further executable by the processor to: transmit the signal from a first transmission coil of the set of transmission coils (see para. 0057 – “The method 400 begins by applying a set of original transmitter frequencies to the set of one or more coils of the electromagnetic transmitter assembly at step 402.”); transmit the signal or a second signal according to one or more second frequencies of the set of frequencies, from a second transmission coil of the set of transmission coils (Fig. 4, “Change set of original transmitter frequencies to set of optimal transmitter frequencies” step 424); and provide navigation information associated with the environment and the tracking device in response to transmitting the signal or the second signal according to the one or more second frequencies (see para. 0058 – “The method continues at step 404 by calculating a plurality of position and orientation values of the receiver coils relative to the transmitter coils using a plurality of different coil combinations.”; see para. 0064 – “The method 400 continues at step 414 by calculating position and orientation values for each individual transmitter frequency within the available range of transmitter frequencies.”). Furthermore, regarding claim 9, Zuhars further teaches wherein the distortion comprises at least one of: a conductive distortion associated with the one or more objects in the environment; and a magnetic distortion associated with the one or more objects in the environment (see para. 0018 – “The at least one distorter 16 may include field-distorting electrically-conductive material. In an exemplary embodiment, the at least one distorter 16 may include any ferrous metal object.”). Furthermore, regarding claim 10, Zuhars further teaches wherein the one or more objects comprise at least one of: one or more ferromagnetic objects; and one or more non-ferromagnetic objects (see para. 0018 – “In an exemplary embodiment, the at least one distorter 16 may include any ferrous metal object. This at least one distorter 16 may distort the electromagnetic fields being generated by the one or more coils of the electromagnetic transmitter assembly 12…”). The motivation for claims 5 and 7 was shown previously in claim 1. Regarding claim 18, Zuhars teaches a system (Fig. 1), comprising: navigation circuitry (Fig. 1, processor 23) to provide navigation information associated with an environment (see para. 0025 – “The processor 23 may implement any suitable algorithm(s) to use the measured voltage signal indicative of the mutual inductance to calculate the position and orientation of the electromagnetic receiver assembly 14 relative to the electromagnetic transmitter assembly 12…”) by: transmitting, to at least one of a tracking device (Fig. 1, electromagnetic transmitter assembly 12; see para. 0021 – “In an exemplary embodiment, the at least one electromagnetic transmitter assembly 12 may be attached to a medical device or instrument to be tracked…”) and one or more objects in the environment (Fig. 1, distorter 16), a signal according to a set of frequencies (Fig. 4; see para. 0057 – “The method 400 begins by applying a set of original transmitter frequencies to the set of one or more coils of the electromagnetic transmitter assembly at step 402.”); sensing an electromagnetic field based on transmitting the signal according to the set of frequencies (see para. 0034 – “…the set one or more coils of the at least one electromagnetic receiver assembly 14 may be characterized as single dipole coils and detect the electromagnetic fields emitted by the at least one electromagnetic transmitter assembly 12.”); determining a distortion in association with sensing the electromagnetic field (see para. 0056 – “Differences to some degree beyond a normal amount can be indicative of the presence of a distorter within the electromagnetic field(s) of the electromagnetic tracking system.”), wherein the distortion is determined with respect to the set of frequencies (see para. 0070 – “The system may then continue operation using the set of frequencies that correspond to the lowest distortion indicator levels.”), and wherein the distortion is based at least on a relative permeability (see para. 0056 – “Differences to some degree beyond a normal amount can be indicative of the presence of a distorter within the electromagnetic field(s) of the electromagnetic tracking system.” where relative permeability is a material parameter known in the art related to electromagnetic fields); identifying, from among the set of frequencies, a set of second frequencies at which a magnitude of the relative permeability associated with the one or more objects is less than a threshold value (Fig. 4, step 420 and step 422; see para. 0067 – “If the plurality of position and orientation values or the distortion indicators are within the acceptable range or below the predetermined threshold value, then add the transmitter frequency to the set of optimal transmitter frequencies…”); and transmitting, to at least one of the tracking device and the one or more objects in the environment, the signal according to one or more frequencies of the set of second frequencies (Fig. 4, “Change set of original transmitter frequencies to set of optimal transmitter frequencies” step 424). Zuhars teaches determining a distortion in association with an electromagnetic field sensed at the tracking device, and relative permeability is a material parameter known in the art, but does not explicitly teach a distortion based on a relative permeability associated with the one or more objects in the environment. Whereas, Udale, in an analogous field of endeavor, teaches wherein the distortion is based at least on a relative permeability associated with the one or more objects in the environment (see para. 0079 – “Relative magnetic permeability (μ r ) is the ratio of magnetic permeability to the permeability of free space (μ 0 ); that is μ r =μ/μ 0 .”; see para. 0098 – “MRI metal artefacts occur at interfaces of tissues [object in environment] and metal with different magnetic susceptibilities which cause local magnetic fields to distort the external magnetic field. This distortion changes the precession frequency in the tissue leading to spatial mismapping of information.”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified determining a distortion, as disclosed in Zuhars, by having the distortion based on a relative permeability associated with an object in the environment, as disclosed in Udale. One of ordinary skill in the art would have been motivated to make this modification in order to provide an improved magnetic marker with a reduced MRI artefact, as taught in Udale (see para. 0011). Furthermore, regarding claim 20, Zuhars further teaches wherein transmitting the signal according to the one or more frequencies comprises incrementally increase or decreasing a frequency associated with transmitting the signal, from a first boundary frequency to a second boundary frequency included in the set of second frequencies (see para. 0071 - “In an exemplary embodiment, the distortion indicator may be computed continuously, and the frequency set can be changed arbitrarily or based on a preset pattern, such as an incremental pattern with wrap around, within the available frequency range whenever the distortion indicator is greater than a predetermined threshold value until a usable frequency set is found.”) . 07-21-aia AIA Claim s 3-4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zuhars in view of Udale, as applied to claim 2 above, and in further view of Govari et al. (US 20080125646 A1, published May 29, 2008), hereinafter referred to as Govari . Regarding claim 3, Zuhars in view of Udale teaches all of the elements disclosed in claim 2 above. Zuhars in view of Udale teaches compensating for distortion, but does not explicitly teach reducing a magnitude associated with the distortion. Whereas, Govari, in an analogous field of endeavor, teaches wherein compensating for the distortion using the model comprises reducing a magnitude associated with the distortion (see para. 0023 – “…determine the amplitudes and directions of the AC fields with a reduced level of the distortion…”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified compensating for distortion, as disclosed in Zuhars in view of Udale, by also reducing a magnitude associated with the distortion, as disclosed in Govari. One of ordinary skill in the art would have been motivated to make this modification in order to cancel out distortion effects introduced into the tracking fields, as taught in Govari (see para. 0036). Furthermore, regarding claim 4, Govari further teaches wherein a frequency range associated with the set of frequencies is from 300 Hz to 30 MHz (see para. 0036 – “Typically, the frequencies of the drive signals generated by signal generator 46 (and consequently the frequencies of the respective tracking fields) are in the range of several hundred Hz to several KHz, although other frequency ranges can be used as well [including 300 Hz to 30 MHz].”), wherein the at least one frequency is greater than a threshold frequency included among the one or more frequencies, wherein the threshold frequency is equal to or greater than a minimum frequency of the one or more frequencies, and wherein the threshold frequency is less than a maximum frequency of the one or more frequencies (see para. 0053 – “At steps 80-86 below, system 20 performs multiple field strength measurements at catheter 24 using multiple frequencies selected from a predetermined frequency range. The frequency range often comprises a predetermined list of frequencies, although any other suitable method of defining the frequency range can also be used.”). Furthermore, regarding claim 19, Udale further teaches wherein the relative permeability is determined based on a ratio of magnetic permeability and a permeability of free space (see para. 0079 – “Relative magnetic permeability (μr) is the ratio of magnetic permeability to the permeability of free space (μ0); that is μr=μ/μ0.”), and Govari further teaches wherein a frequency range associated with the set of frequencies is from 300 Hz to 30 MHz (see para. 0036 – “Typically, the frequencies of the drive signals generated by signal generator 46 (and consequently the frequencies of the respective tracking fields) are in the range of several hundred Hz to several KHz, although other frequency ranges can be used as well [including 300 Hz to 30 MHz].”). The motivation for claims 4 and 19 was shown previously in claims 1 and 3 . 07-21-aia AIA Claim s 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zuhars in view of Udale and Govari . Regarding claim 11, Zuhars teaches a system (Fig. 1, electromagnetic tracking system 10), comprising: a transmission device configured to transmit a signal ((Fig. 1, electromagnetic transmitter assembly 12 as transmission device); a tracking device (Fig. 1, electromagnetic transmitter assembly 12 as tracking device; see para. 0021 – “In an exemplary embodiment, the at least one electromagnetic transmitter assembly 12 may be attached to a medical device or instrument to be tracked…”); a processor (Fig. 1, processor 23); and a memory storing data thereon that, when processed by the processor, cause the processor (Fig. 1, memory 25; see para. 0080 – “…any other medium which can be used to carry or store desired program code in the form of machine-executable instructions or data structures and which can be accessed by a general purpose or special purpose computer or other machine with a processor.”) to: determine a distortion in association with an electromagnetic field sensed at the tracking device (see para. 0056 – “Differences to some degree beyond a normal amount can be indicative of the presence of a distorter within the electromagnetic field(s) of the electromagnetic tracking system.”), wherein the distortion is determined with respect to the set of frequencies (see para. 0070 – “The system may then continue operation using the set of frequencies that correspond to the lowest distortion indicator levels.”), and wherein the distortion is based at least on a relative permeability (see para. 0056 – “Differences to some degree beyond a normal amount can be indicative of the presence of a distorter within the electromagnetic field(s) of the electromagnetic tracking system.” where relative permeability is a material parameter known in the art related to electromagnetic fields); identify, from among the set of frequencies, a set of second frequencies at which a magnitude of the relative permeability associated with the one or more objects is less than a threshold value (Fig. 4, step 420 and step 422; see para. 0067 – “If the plurality of position and orientation values or the distortion indicators are within the acceptable range or below the predetermined threshold value, then add the transmitter frequency to the set of optimal transmitter frequencies…”); and transmit, to at least one of the tracking device and the one or more objects in the environment, the signal using the transmission device according to one or more frequencies of the set of second frequencies (Fig. 4, “Change set of original transmitter frequencies to set of optimal transmitter frequencies” step 424). Zuhars teaches determining a distortion in association with an electromagnetic field sensed at the tracking device, and relative permeability is a material parameter known in the art, but does not explicitly teach a distortion based on a relative permeability associated with the one or more objects in the environment. Whereas, Udale, in an analogous field of endeavor, teaches wherein the distortion is based at least on a relative permeability associated with the one or more objects in the environment (see para. 0079 – “Relative magnetic permeability (μ r ) is the ratio of magnetic permeability to the permeability of free space (μ 0 ); that is μ r =μ/μ 0 .”; see para. 0098 – “MRI metal artefacts occur at interfaces of tissues [object in environment] and metal with different magnetic susceptibilities which cause local magnetic fields to distort the external magnetic field. This distortion changes the precession frequency in the tissue leading to spatial mismapping of information.”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified determining a distortion, as disclosed in Zuhars, by having the distortion based on a relative permeability associated with an object in the environment, as disclosed in Udale. One of ordinary skill in the art would have been motivated to make this modification in order to provide an improved magnetic marker with a reduced MRI artefact, as taught in Udale (see para. 0011). Zuhars in view of Udale teaches transmitting a signal, but does not explicitly teach transmitting a signal according to a set of frequencies from 300 Hz to 30 MHz. Whereas, Govari, in an analogous field of endeavor, teaches a transmission device configured to transmit a signal according to a set of frequencies from 300 Hz to 30 MHz (see para. 0036 – “Typically, the frequencies of the drive signals generated by signal generator 46 (and consequently the frequencies of the respective tracking fields) are in the range of several hundred Hz to several KHz, although other frequency ranges can be used as well [including 300 Hz to 30 MHz].”). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified transmitting a signal, as disclosed in Zuhars in view of Udale, by having transmitting a signal according to a set of frequencies from 300 Hz to 30 MHz, as disclosed in Govari. One of ordinary skill in the art would have been motivated to make this modification in order to cancel out distortion effects introduced into the tracking fields, as taught in Govari (see para. 0036). Furthermore, regarding claim 12, Zuhars further teaches wherein the data is further executable by the processor to: configure a model in association with compensating for the distortion with respect to at least one frequency of the one or more frequencies; and provide navigation information associated with the environment (see para. 0074 – “Alternative measures for detecting electromagnetic field distortion may include a goodness-of-fit indicator used in conjunction with frequency ramping methods, which derives a measure of accuracy degradation from a comparison between measured and modeled results for position and orientation [pose of tracking device] at a particular frequency.”), wherein the navigation information comprises pose information of the tracking device, and wherein providing the navigation information is based on applying the model (see para. 0075 – “…adjusts the operating parameters of the system in real-time by changing transmitter frequencies being used to compensate for or reduce the effect of the distorter on system performance.”). Furthermore, regarding claim 13, Zuhars further teaches wherein transmitting the signal according to the one or more frequencies comprises incrementally increasing or decreasing a frequency associated with transmitting the signal, from a first boundary frequency to a second boundary frequency included in the set of second frequencies (see para. 0071 - “In an exemplary embodiment, the distortion indicator may be computed continuously, and the frequency set can be changed arbitrarily or based on a preset pattern, such as an incremental pattern with wrap around, within the available frequency range whenever the distortion indicator is greater than a predetermined threshold value until a usable frequency set is found.”). Furthermore, regarding claim 14, Zuhars further teaches wherein the transmission device comprises a set of transmission coils (Fig. 4; see para. 0057 – “The method 400 begins by applying a set of original transmitter frequencies to the set of one or more coils of the electromagnetic transmitter assembly at step 402.”), and wherein the data is further executable by the processor to: transmit the signal from a first transmission coil of the set of transmission coils (see para. 0057 – “The method 400 begins by applying a set of original transmitter frequencies to the set of one or more coils of the electromagnetic transmitter assembly at step 402.”); transmit the signal or a second signal according to one or more second frequencies of the set of frequencies, from a second transmission coil of the set of transmission coils (Fig. 4, “Change set of original transmitter frequencies to set of optimal transmitter frequencies” step 424); and provide navigation information associated with the environment and the tracking device in response to transmitting the signal or the second signal according to the one or more second frequencies (see para. 0058 – “The method continues at step 404 by calculating a plurality of position and orientation values of the receiver coils relative to the transmitter coils using a plurality of different coil combinations.”; see para. 0064 – “The method 400 continues at step 414 by calculating position and orientation values for each individual transmitter frequency within the available range of transmitter frequencies.”). Furthermore, regarding claim 15, Zuhars further teaches wherein the distortion comprises at least one of: a conductive distortion associated with the one or more objects in the environment; and a magnetic distortion associated with the one or more objects in the environment (see para. 0018 – “The at least one distorter 16 may include field-distorting electrically-conductive material. In an exemplary embodiment, the at least one distorter 16 may include any ferrous metal object.”). Furthermore, regarding claim 16, Zuhars further teaches wherein the one or more objects comprise at least one of: one or more ferromagnetic objects; and one or more non-ferromagnetic objects (see para. 0018 – “In an exemplary embodiment, the at least one distorter 16 may include any ferrous metal object. This at least one distorter 16 may distort the electromagnetic fields being generated by the one or more coils of the electromagnetic transmitter assembly 12…”). Furthermore, regarding claim 17, Udale further teaches wherein the relative permeability is determined based on a ratio of magnetic permeability and a permeability of free space (see para. 0079 – “Relative magnetic permeability (μr) is the ratio of magnetic permeability to the permeability of free space (μ0); that is μr=μ/μ0.”). The motivation for claim 17 was shown previously in claim 11 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : Viswanathan et al. (US 20180168738 A1, published June 21, 2017) discloses the amplitudes and frequencies of the sinusoidal functions are selected such that the distortion component includes a residual error arising from terms of at least a specified order in frequency. Field components corresponding to the field transmitters are extracted from the received signal, and the location information is determined based on the field components. Ludwin et al. (US 20120149967 A1, published June 14, 2012) discloses a processor compares the magnetic field sensed by coils to the threshold field value. Nieminen et al. (US 20060116833 A1, published June 1, 2006) discloses setting thresholds for the chi-squared value to indicate different levels of distortion. Detecting a change in the chi-squared value of a position indication signal can indicate the presence of conductive objects. The detection of a change in a chi-squared value at a particular frequency range (e.g., a mid-frequency range, a low-frequency range, or a high-frequency range) can indicate the presence of a particular type of conductive object. Ronen et al. (US 20190328272 A1, published October 31, 2019) discloses determine whether distortion is present in the field, such as within the navigation volume, based on the transmitted signal. 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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /N.C./Examiner, Art Unit 3798 Application/Control Number: 19/213,643 Page 2 Art Unit: 3798 Application/Control Number: 19/213,643 Page 3 Art Unit: 3798 Application/Control Number: 19/213,643 Page 4 Art Unit: 3798 Application/Control Number: 19/213,643 Page 5 Art Unit: 3798 Application/Control Number: 19/213,643 Page 6 Art Unit: 3798 Application/Control Number: 19/213,643 Page 7 Art Unit: 3798 Application/Control Number: 19/213,643 Page 8 Art Unit: 3798 Application/Control Number: 19/213,643 Page 9 Art Unit: 3798 Application/Control Number: 19/213,643 Page 10 Art Unit: 3798 Application/Control Number: 19/213,643 Page 11 Art Unit: 3798 Application/Control Number: 19/213,643 Page 12 Art Unit: 3798 Application/Control Number: 19/213,643 Page 13 Art Unit: 3798 Application/Control Number: 19/213,643 Page 14 Art Unit: 3798 Application/Control Number: 19/213,643 Page 15 Art Unit: 3798 Application/Control Number: 19/213,643 Page 16 Art Unit: 3798 Application/Control Number: 19/213,643 Page 17 Art Unit: 3798 Application/Control Number: 19/213,643 Page 18 Art Unit: 3798 Application/Control Number: 19/213,643 Page 19 Art Unit: 3798 Application/Control Number: 19/213,643 Page 20 Art Unit: 3798 Application/Control Number: 19/213,643 Page 21 Art Unit: 3798 Application/Control Number: 19/213,643 Page 22 Art Unit: 3798 Application/Control Number: 19/213,643 Page 23 Art Unit: 3798 Application/Control Number: 19/213,643 Page 24 Art Unit: 3798 Application/Control Number: 19/213,643 Page 25 Art Unit: 3798
