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 § 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) 95-96 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimchy et al. (US 2002/0099310).
Kimchy et al. discloses a method for determining proximity to tissue of an ingestible device within a gastrointestinal tract of a body comprising: transmitting an illumination towards an environment external to a housing of the ingestible device and within the gastrointestinal tract ([0095]); detecting a reflectance from the environment within the gastrointestinal tract resulting from the illumination ([0095]), and storing a reflectance value in a data set, wherein the reflectance value is indicative of an amount of light in the reflectance ([0061]; [0082]; [0095]); identifying proximity of the ingestible device to tissue of gastrointestinal tract based on the reflectance value ([0054]; [0095]).
With respect to claim 96, Kimchy et al. discloses a higher reflectance value indicating proximity to tissue ([0054]).
Claim(s) 95-97 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimchy et al. (US 2003/0139661).
Kimchy et al. discloses a method for determining proximity to tissue of an ingestible device within a gastrointestinal tract of a body comprising: transmitting an illumination towards an environment external to a housing of the ingestible device and within the gastrointestinal tract ([0465-0467]); detecting a reflectance from the environment within the gastrointestinal tract resulting from the illumination ([0465-0467]), and storing a reflectance value in a data set, wherein the reflectance value is indicative of an amount of light in the reflectance ([0466]); identifying proximity of the ingestible device to tissue of gastrointestinal tract based on the reflectance value ([0466]).
With respect to claim 96, Kimchy et al. discloses a higher reflectance value indicating proximity to tissue ([0466]).
With respect to claim 97, Kimchy et al. discloses directional sensors ([0467]; Fig. 16B).
Claim Rejections - 35 USC § 103
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.
Claim(s) 97 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimchy et al. (US 2002/0099310) in view of Kimchy et al. (US 2004/0054278).
Kimychy et al. discloses the subject matter substantially as claimed except for the radial and axial position of the sensor. However, Kimychy et al. (‘278) teaches in the same field of endeavor it is well known to position sensors at various predetermined positions along the axis of the device ([0482]). Therefore, it would have been obvious to one of ordinary skill in the art to have modified Kimchy et al. (‘310) as taught by Kimychy et al. (‘278) as a rearrangement of parts is well within the skill level of one of ordinary skill in the art (MPEP 2144.04(VI)(C)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER LUONG whose telephone number is (571)270-1609. The examiner can normally be reached M-F 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan T Nguyen can be reached at (571)272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER LUONG/Primary Examiner, Art Unit 3797
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