Ex Parte ACKER - Page 6




             Appeal No. 2002-0311                                                          Page 6              
             Application No. 09/030,241                                                                        


                   specific points in the heart chamber during the mapping procedures” (col.                   
                   5, lines 6-13).  The locations of these reference catheters are used “to                    
                   align the location of the heart chamber relative to its location on the ‘basic              
                   image’ (col. 5, lines 37-40).  Thus, as explained with reference to FIG. 3,                 
                   the system derives a transformation into the frame of reference of the                      
                   “basic image” by monitoring the locations of the reference catheters.                       
                   Stated another way, while the system acquires location of the mapping                       
                   catheter at a fixed point in the cardiac cycle, it acquires that location at a              
                   random point in the respiratory cycle and compensates for displacement                      
                   of the heart chamber caused by this random point in the respiratory cycle                   
                   using the information supplied by the reference catheters.  See also, col.                  
                   11, lines 1-11.                                                                             
             Ben-Haim thus discloses a system in which the location of a catheter in a first cyclically        
             expanding and contracting body organ (the heart) is sampled only at a fixed point of              
             reference in the cycle.  Since this particular body organ is so located as to be                  
             continuously moved essentially in its entirety by the respiratory action of the patient,          
             Ben-Haim provides compensation by sampling the locations of a catheter in this second             
             cyclically expanding and contracting body organ (the lungs) at random points in the               
             cycle and then adjusting the location sampled in the first organ to compensate therefor.          
                   Ben-Haim teaches “[t]o 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,” with compensation being made for displacement caused by                
             breathing (column 5, lines 6-17, emphasis added).  The reference further suggests that            
             “[t]he above principles can be applied for mapping other structures of the body” (column          
             5, lines 18 and 19).  Thus, from our perspective, one of ordinary skill in the art would          
             have learned from Ben-Haim that it is necessary only to sample the cyclic movement of             







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