2019 Pat. App. LEXIS 11914
Patent Trial and Appeal Board
March 25, 2019, Decided
Appeal 2017-006489 ; Application 11/715,923 ; Technology Center 3777
USPTO Bd of Patent Appeals & Interferences; Patent Trial & Appeal Bd Decs.
PAULRAJ, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's non-final rejections of claims 7-13, 40, and 41 as set forth in a Non-Final Office Action and modified in the Examiner's Answer. Non-Final Office Action (Aug. 24, 2016) ("Non-Final Act"); Examiner's Answer (Jan. 26, 2017) ("Ans."); 37 C.F.R. § 41.31(a)(1). We have jurisdiction under 35 U.S.C. § 6(b).
The Examiner rejected all of the pending claims under 35 U.S.C. § 101 on the basis that the claimed invention is patent-ineligible because it is directed to a judicial exception without significantly more. Non-Final Act. 2. The Appellants argue that the claims are not directed to an abstract idea, are directed to patent-eligible subject matter, and the Examiner's rejection should be reversed. Appeal Br. 12-16. For the reasons explained below, we determine that the Examiner has not established that the claims are directed to patent-ineligible subject matter. Thus, we reverse.
CLAIMED SUBJECT [*2] MATTER
The claims are directed to an improved "method and system for locally deformable registration of a catheter navigation system to an external model or external image data" such that the invention operates "to transform the coordinate system of [a] catheter navigation system to the coordinate system of [an] external model or external image data." Specification ("Spec.") P 26. Claim 7, reproduced below, is illustrative of the claimed subject matter:
7. A method of registering a catheter navigation system to a three-dimensional image, comprising:
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2019 Pat. App. LEXIS 11914 *
Ex parte ERIC S. OLSON, ERIC J. VOTH, and JEFFREY A. SCHWEITZER
[*1] INFORMATIVE OPINION. Pursuant to the Patent Trial and Appeal Board Standard Operating Procedure 2, the opinion below has been designated an informative opinion.
catheter, navigate, recite, map, mathematical, coordinate, fiducial, pair, algorithm, frame, surface location, invent, abstract idea, transform, register, patent, subject matter, conventional, memorandum, technology, inhomogeneities, splines, patent-ineligible, plate, thin, practical application, patent-eligible, external