Ex Parte Kimura et al

Patent Trial and Appeal Board

Aug 19, 2016

12255310 (P.T.A.B. Aug. 19, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/255,310 10/21/2008
23389 7590 08/23/2016
SCULLY SCOTT MURPHY & PRESSER, PC
400 GARDEN CITY PLAZA
SUITE 300
GARDEN CITY, NY 11530
FIRST NAMED INVENTOR
Atsushi KIMURA
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
23475 3130
EXAMINER
NEWTON, ALEXANDRA L
ART UNIT PAPER NUMBER
3779
NOTIFICATION DATE DELIVERY MODE
08/23/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
Docket@SSMP.COM
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte ATSUSHI KIMURA and AKIO UCHIYAMA
Appeal2014-007088
Application 12/255,310
Technology Center 3700
Before CHARLES N. GREENHUT, THOMAS F. SMEGAL, and
GORDON D. KINDER, Administrative Patent Judges.
GREENHUT, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134 from a rejection of claims 1
and 2. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
Appeal2014-007088
Application 12/255,310
CLAIMED SUBJECT MATTER
The claims are directed to a medical device guidance system. Claim
1, reproduced below, is illustrative of the claimed subject matter:
1. A medical device guidance system comprising:
a capsular medical device including a magnet for
generating a driving force by a guidance field and changing the
movement and posture, and a magnetic field generating section
which a coil generates a magnetic field of a specified frequency
outside, the capsular medical device being introduced into a
gastrointestinal tract;
a magnetic guidance device including a guidance coil
which radiates the guidance magnetic field, a signal generating
section which flows an electric current in the guidance coil, a
signal generating and controlling section which calculates a
signal waveform needed for guiding the capsular medical device
to a directed position and posture and an operating section which
directs the movement position and posture of the capsular
medical device;
a position detection device including a magnetic field
detecting section which has a plurality of magnetic field sensors
detecting the magnetic field of the specified frequency generated
by the capsular medical device and which outputs a voltage
signal converted from a detected magnetic field, a signal
processing section which converts the voltage signal into digital
data and a position calculating section which calculates the
present position of the capsular medical device from the digital
data input from the signal processing section; and
a position calculating and correcting section including an
undesired signal calculating section which calculates an
estimation equation of an undesired magnetic field generated in
the guidance coil due to external magnetic fields intersecting the
guidance coil or the signal generating section and subtracts the
estimation equation from the output of the magnetic field
detecting section.
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Appeal2014-007088
Application 12/255,310
REFERENCES
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Kandori
Uchiyama
Minai
US 2003/0016010 Al
US 2004/0236180 Al
US 2005/0143642 Al
REJECTION
Jan.23,2003
Nov. 25, 2004
June 30, 2005
Claims 1 and 2 are rejected under 35 U.S.C. § 103(a) as being
unpatentable over Uchiyama, Kandori and Minai. Final Act. 2.
OPINION
The disputed limitation involves the subtraction of magnetic field
noise "generated in" the guidance coil from the output of the magnetic field
detecting section. App. Br. 7. According to the Examiner, Minai's
subtraction of the magnetic field noise generated by the Earth meets this
limitation because "Earth's magnetic field ... exists within and around the
volume of the guidance coil." Ans. 3.
The fact that the Earth's magnetic field simply "exists within" the
guidance coil is not sufficient to satisfy the claim requirement for a field
"generated in" the guidance coil. It is unreasonable for the Examiner to
consider the phrases "exists within" and "generated in" interchangeable.
DECISION
The Examiner's rejection is reversed.
REVERSED
3