DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12, 419, 555. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claim discloses all of the claimed limitations as follow:
a robotic positioning system comprising an insertion module, the insertion module comprising:
a sensor assembly engaged to the insertion module, the sensor assembly including one or more sensors attached to the sensor assembly to gather information about a target insertion site in a blood vessel of a subject;
a catheter tool engaged to the insertion module for holding a catheter having a retractable needle, the catheter tool comprising a catheter gripper for holding the catheter and retraction actuation assembly for retracting the retractable needle;
a controller in communication with the one or more sensors, the catheter tool, and the robotic positioning system,
wherein the controller is programmed to insert the catheter into the blood vessel at the target insertion site based on the information received from the one or more sensors and, once the catheter is inserted, to cause the retraction actuation assembly to retract the retractable needle from the catheter;
wherein the information from the one or more sensors comprises three-dimensional coordinates and orientation of the blood vessel [see column 43 lines 51-67, column 44 lines 1-10].
Allowable Subject Matter
Claims 13-24 are allowed.
The following is an examiner’s statement of reasons for allowance: No prior arts of record alone or in combination disclose the following:
Claim 1,
“wherein the controller is programmed to insert the catheter into the blood vessel at the target insertion site based on the information received from the one or more sensors and, once the catheter is inserted, to cause the retraction actuation assembly to retract the retractable needle from the catheter;
wherein the information from the one or more sensors comprises three-dimensional coordinates and orientation of the blood vessel”
Claim 13,
“a controller in communication with the one or more sensors, the holding tool, and the robotic positioning system, wherein the controller is programmed to autonomously apply the actuatable tourniquet and adjust the actuatable tourniquet to apply pressure on the blood vessel
wherein the controller is programmed to autonomously direct the needle into the blood vessel at the target insertion site based on the information received from the one or more sensors
wherein the information from the one or more sensors comprises three-dimensional coordinates and orientation of the blood vessel”
Claim 20,
“a controller in communication with the one or more sensors, the holding tool, and the robotic positioning system, the controller being programmed to:
convert image data, received from the one or more sensors, into a binary image data, wherein in the binary image data contains one or more regions with blood vessels, wherein one or more potential blood vessels are represented by a first color and one or more regions without blood vessels are represented by a second color different than the first color,
wherein the image data from the one or more sensors comprises three-dimensional coordinates and orientation of the blood vessel”
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.”
Closest prior arts:
Neerken et al (Pub. No.: US 2009/0118670
Neerken et al disclose the orientation of the cannula with respect to the blood vessel, the orientation of the blood vessel with respect to the image plane, the orientation of the cannula with respect to the image plane, and similar parameters [see 0033].
The most complete information of the puncture location can be obtained by a three-dimensional (3D) image acquisition. In this case the orientation of the blood vessel can be inferred more precisely as the 3D image makes sudden bifurcations and changes of its depth under the surface of the skin visible. With the 3D information the precision of cannula insertion into the blood vessel can be higher and cases of unsuccessful insertion can be reduced [see 0067].
Hyde et al (Pub. No.: US 2010/0274202)
needle insertion system 600 also includes a machine-vision system 618 coupled to the control electrical circuitry 606 [see 0045] and the machine-vision system 618 locates an insertion-target region of the living subject 614 [see 0046].
In response to one or more location-encoding signals from the machine-vision system 618, the control electrical circuitry 606 (automatically and without human intervention) directs the actuators 604a or 604b to move the moveable needle 608 into the insertion-target region located by the machine-vision system 618 and the pump 612 may draw fluid therefrom [see 0046].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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, Pascal Bui-Pho can be reached at 571-272-2714. 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.
/JOEL F BRUTUS/ Primary Examiner, Art Unit 3798