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 .
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. 112,490,959. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the current application are broader than in ‘959.
US 12,490,959
1. A system, comprising: a patient interface module (PIM) distinct from and positioned between: an intravascular imaging catheter configured to obtain intravascular image data while the intravascular imaging catheter is inside a blood vessel; and a console configured to generate an intravascular image based on the intravascular image data, wherein the PIM is configured to provide communication for the intravascular image data from the intravascular imaging catheter to the console, wherein the PIM comprises: a printed circuit board; and an enclosure, wherein the printed circuit board is disposed within the enclosure, wherein the enclosure is configured to disperse heat generated by the printed circuit board, wherein the enclosure comprises: a first heat spreader coupled to and in thermal contact with the printed circuit board; a second heat spreader in thermal contact with the first heat spreader at an interface such that the heat is distributed between the first heat spreader and the second heat spreader across the interface; a first cover portion coupled to and in thermal contact with the first heat spreader; and a second cover portion coupled to and in thermal contact with the second heat spreader, wherein the first cover portion is coupled to the second cover portion to form the enclosure.
App. 19/412,248
1. An apparatus, comprising: a patient interface module (PIM) distinct from and positioned between: an intravascular imaging catheter configured to obtain intravascular image data while the intravascular imaging catheter is inside a blood vessel; and a console configured to generate an intravascular image based on the intravascular image data, wherein the PIM comprises: a PIM enclosure; and a printed circuit board disposed within the PIM enclosure and configured to generate heat during normal operation of the PIM providing communication for the intravascular image data from the intravascular imaging catheter to the console, wherein the PIM enclosure is configured to draw the heat away from the printed circuit board and disperse the heat into an environment external to the PIM.
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) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable Davidsen et al. (US 2014/00582270) in view of Rice (US 2016/0081657)
With respect to claim 17, Davidsen discloses an apparatus (10), comprising: a printed circuit board (34) associated with obtaining medical images of a patient; and an enclosure (22), wherein the printed circuit board is disposed within the enclosure (Fig. 3), wherein the enclosure is configured to disperse heat generated by the printed circuit board ([0019]), wherein the enclosure comprises: a first heat spreader (20) coupled to and in thermal contact with the printed circuit board ("the frame 16 also mounts electrical components of the probe which themselves are mounted on two printed circuit boards", see [0014], and "the heatspreader is in thermally conductive contact with the two sides of the frame 16", see [0015]); a second heat spreader (20) in thermal contact with the first heat spreader at an interface such that the heat is distributed between the first heat spreader and the second heat spreader across the interface ([0017]); a first cover portion (22) coupled to and in thermal contact with the first heat spreader ([0019]); and a second cover portion (22) coupled to and in thermal contact with the second heat spreader ([0017]), wherein the first cover portion is coupled to the second cover portion to form the enclosure ([0017)).
However, it fails to teach having an IVUS catheter configured to be positioned in the blood vessel and obtain images and further a patient interface module configured for communication with the IVUS catheter and is between the IVUS catheter and a console.
Rice in the same field of endeavor discloses an IVUS catheter configured to acquire images in which the catheter is in contact with a patient interface module (PIM) (see Fig. 1).
It would have been obvious to one skilled in the art to provide an IVUS catheter configured to be positioned in the blood vessel and obtain images and further a patient interface module configured for communication with the IVUS catheter as disclosed by Rice because doing so will allow for generating measurements, for example, within a patients vasculature with relatively fewer transducers compared to devices for intravascular imaging (see Rice, para. 0002).
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With respect to claim 2 Davidsen in view of Rice disclose wherein the normal operation of the PIM comprises at least one of: receiving the intravascular image data from the intravascular imaging catheter; amplifying the intravascular image data; filtering the intravascular image data; aggregating the intravascular image data; transmitting intravascular image data to the console; or supplying power to the intravascular imaging catheter (see Rice, para. 0036).
With respect to claim 3 Davidsen in view of Rice disclose wherein the PIM enclosure comprises: at least one heat spreader in thermal contact with the printed circuit board; and at least one cover portion in thermal contact with the at least one heat spreader (see Davidsen, Fig. 1).
With respect to claim 4 Davidsen in view of Rice disclose wherein the PIM enclosure comprises a conductive thermal gap pad, wherein the printed circuit board comprises at least one electronic component, wherein the conductive thermal gap pad is positioned on the at least one electronic component (see Davidsen Fig. 1).
With respect to claim 5 Davidsen in view of Rice disclose wherein the PIM enclosure comprises a conductive protrusion formed into a surface of the at least one heat spreader, wherein the conductive thermal gap pad is in contact with the conductive protrusion (see Davidsen, para. 0020).
With respect to claim 6 Davidsen in view of Rice disclose wherein the conductive protrusion is configured such that the conductive thermal gap pad is compressed when the printed circuit board is coupled to the at least one heat spreader, thereby forming a thermally conductive contact surface between the conductive protrusion and the conductive thermal gap pad (see para. 0020) .
With respect to claim 7 Davidsen in view of Rice disclose wherein the at least one heat spreader comprises: a first heat spreader in thermal contact with the printed circuit board; and a second heat spreader in thermal contact with the first heat spreader at an interface such that the heat is distributed between the first heat spreader and the second heat spreader across the interface (see Davidsen, Fig. 1).
With respect to claim 8 Davidsen in view of Rice disclose wherein the first heat spreader is coupled to the second heat spreader by a lip and a groove (See Davidsen, para. 0014).
With respect to claim 9 Davidsen in view of Rice disclose wherein the at least one heat spreader is coupled to the at least one cover portion by a thermally conductive adhesive (see Davidsen, para.0017).
With respect to claim 10 Davidsen in view of Rice disclose wherein a shape of the at least one heat spreader matches a shape of the at least one cover portion to maximize a thermal contact area (see Davidse, fig. 1).
With respect to claim 11 Davidsen in view of Rice disclose wherein at least one cover portion comprises: a first cover portion; and a second cover portion coupled to the first cover portion to form the PIM enclosure (see Davidsen, Fig. 1, Rice. Fig. 1).
With respect to claim 12 Davidsen in view of Rice disclose wherein the PIM enclosure comprises a gasket between the first cover portion and the second cover portion, wherein the first cover portion is coupled to the second cover portion by a fastener (see Davidse, para. 0015).
With respect to claim 13 Davidsen in view of Rice disclose wherein the PIM enclosure is sealed to resist intrusion of moisture and dust (see para. 0020).
With respect to claim 14 Davidsen in view of Rice disclose wherein the printed circuit board comprises a processor, a network controller, and power circuitry, wherein the heat generated by the printed circuit board is generated by the power circuitry, the processor, and the network controller (see para. 0014).
With respect to claim 15 Davidsen in view of Rice disclose further comprising the intravascular imaging catheter (see Rice, fig. 1).
With respect to claim 16 Davidsen in view of Rice disclose further comprising the console (see Rice, Fig. 1).
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
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