Not a Lexis Advance subscriber? Try it out for free.

2019 Pat. App. LEXIS 11914

Patent Trial and Appeal Board

March 25, 2019, Decided

Appeal 2017-006489 ; Application 11/715,923 1   ; Technology Center 3777

USPTO Bd of Patent Appeals & Interferences; Patent Trial & Appeal Bd Decs.

Opinion

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:

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2019 Pat. App. LEXIS 11914 *

Ex parte ERIC S. OLSON, ERIC J. VOTH, and JEFFREY A. SCHWEITZER

Notice:

[*1]   INFORMATIVE OPINION. Pursuant to the Patent Trial and Appeal Board Standard Operating Procedure 2, the opinion below has been designated an informative opinion.

CORE TERMS

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