Appeal No. 2002-0311 Page 5
Application No. 09/030,241
However, Darrow takes an approach directly opposite to that set forth in
claim 1. Rather than acquiring position of the invasive device or probe
only while the patient is in a particular respiratory state, Darrow continually
acquires the position of the probe at every respiratory state. Darrow also
monitors the position of a point on the subject using optical, ultrasonic or
mechanical device (FIGS. 2, 3, 4). However, Darrow uses this information
to distort a previously acquired image so that the distorted image always
represents the spacial relationships of objects within the body accurately,
at all stages of the respiratory cycle. While this approach theoretically
would result in accurate superposition of the position of the probe on the
displayed image, it requires substantial mathematical manipulation of the
actual data constituting the image . . . . Moreover, it is directly antithetical
to the approach taken by Applicants [sic].
From our perspective, this makes it clear that the difference between the Darrow
method and that which is recited in the appellant’s claim 1 resides in Darrow’s continual
monitoring of the respiratory cycle as opposed to monitoring it only a single selected
respiratory state in each cycle, as in the claim.
Ben-Haim is directed to an apparatus and method for treating cardiac
arrhythmias. The appellant has explained the Ben-Haim system on page 8 of the Brief
(emphasis has been added):
Ben-Haim uses a “trackable mapping/ablation catheter (e.g., 51, FIG. 10)”
and “reference catheters (e.g., 110, 112, and 111, FIG. 10)” (col. 3, lines
44-46). The reference catheters are positioned within the heart as, for
example, in the manner illustrated in FIG. 10 so that the reference
catheters remain in fixed positions within the heart (col. 13, lines 58-66).
The movement of mapping catheter 51 is tracked so that the image of the
catheter can be superposed on an image of the heart chamber. “To
correct for displacement of the heart chamber that occurs during the
cardiac cycle, the catheter location is sampled at a single fiducial point
during the cardiac cycle. To correct for displacement of the heart chamber
that may occur because of breathing or patient movement, a set of more
than two locatable catheters [i.e., the reference catheters] is placed at
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