Office Action 2: Notice of Allowance (2025-02-28)

CLAIMS:
LISTING OF CLAIMS

1\. (Currently Amended) A system for determining blood flow within a blood vessel, the system comprising:a fluid infusion device configured to continuously infuse a fluid into the blood vessel at an infusion rate that generates a mixture of the fluid and blood within the blood vessel;
at least one sensor configured to simultaneously measure a plurality of temperature values at a plurality of locations along a length of the blood vessel to determine a temperature profile along the length of the blood vessel;
a temperature values determining processor configured to:
determine, based on the plurality of temperature values, a first temperature value at a first location along the length of the blood vessel, the first temperature value indicating temperature of the fluid, and
determine, based on the plurality of temperature values, a second temperature value at a second location along the length of the blood vessel, the second temperature value indicating temperature of the mixture; and
a blood flow determining processor configured to:
determine the blood flow within the blood vessel based on the first temperature value, the second temperature values, and the infusion rate;
and further comprising:an assessment processor configured to determine a quality value indicating a degree of mixing of the fluid and the blood based on the plurality of temperature values measured at the plurality of locations along the length of the blood vessel.

2\. (Original) The system as defined in claim 1, wherein the at least one sensor comprises an optical fiber configured to measure the plurality of temperature values at the plurality of locations along the length of the blood vessel.

3\. (Original) The system as defined in claim 2, wherein:the fluid infusion device comprises a tube; and
the optical fiber is integrated with a guiding element configured to guide the tube into the blood vessel.

4\. (Original) The system as defined in claim 3, wherein the optical fiber is arranged along a longitudinal axis of the guiding element or wound around the guiding element.

5\. (Original) The system as defined in claim 2, wherein:the optical fiber is an optical shape sensing fiber; and
the system further comprises a locations determination processor connectable to the optical fiber and configured to:
determine the first location at which the temperature values determining processor determines the first temperature value, and
determine the second location at which the temperature values determining processor determines the second temperature value.

6\. (Original) The system as defined in claim 2, further comprising:a property sensor configured to generation a sensing signal based on a property to be sensed within the blood vessel; and
a power generator configured to power the property sensor by light received from the optical fiber, wherein the optical fiber is configured to transmit the sensing signal outside of the blood vessel.

7\. (Original) The system as defined in claim 6, wherein:the property sensor is configured to generate a pressure sensing signal indicating pressure in the blood; and

the system further comprises a resistance determination processor configured to determine resistance based on the pressure indicated by the pressure sensing signal and the determined blood flow.

8\. (Original) The system as defined in claim 1, wherein the temperature values determining processor is further configured to:determine the first location and the second location based on the plurality of temperature values measured at the plurality of locations along the length of the blood vessel.

9\. (Original) The system as defined in claim 1, wherein:the fluid infusion device comprises a tube with a tube opening, wherein the tube is configured to guide the fluid into the blood vessel through the tube opening; and
the temperature values determining processor is further configured to:
determine the first temperature value at the first location which is within the tube or at a location of the tube opening, and
determine the second temperature value at the second location which is distal from the tube opening location.

10\. (Currently Cancelled)

11\. (Currently amended) The system as defined in claim -191,wherein the assessment processor is configured to determine that the quality value indicates a sufficient degree of mixing, if a spatial variation of the plurality of temperature values is smaller than a predefined spatial threshold.

12\. (Original) The system as defined in claim 1, further comprising:an assessment processor configured to determine a quality value indicating quality of determining the blood flow based on a variation of the blood flow determined over time.

13\. (Currently Amended) A method for determining blood flow within a blood vessel, the method comprising:infusing a fluid into the blood vessel at an infusion rate that generates a mixture of the fluid and blood within the blood vessel; and
while the fluid is continuously infused into the blood vessel at the infusion rate:
simultaneously measuring a plurality of temperature values at a plurality of locations along a length of the blood vessel to determine a temperature profile along the length of the blood vessel,
determining, based on the plurality of temperature values, a first temperature value at a first location along the length of the blood vessel, the first temperature value indicating temperature of the fluid,
determining, based on the plurality of temperature values, a second temperature value at a second location along the length of the blood vessel, the second temperature value indicating temperature of the mixture of the fluid and the blood, and
determining the blood flow based on the first temperature value, the second temperature value, and the infusion rateL and further comprising:
determining a quality value indicating a degree of mixing of the fluid and the blood based on the plurality of temperature values measured at the plurality of locations along the length of the blood vessel.

14\. (Original) The method as defined in claim 13, further comprising:determining the first location and the second location based on the plurality of temperature values measured at the plurality of locations along the length of the blood vessel.

15\. (Currently Cancelled)

16\. (Original) The method as defined in claim 13, further comprising:determining a quality value indicating quality of determining the blood flow based on a variation of the blood flow determined over time.

17\. (Currently Amended) A non-transitory computer-readable storage medium having stored a computer program comprising instructions for determining blood flow within a blood vessel, the instructions, when executed by a processor, cause the processor to:while a fluid is continuously infused into the blood vessel at an infusion rate:
receive, from at least one sensor, a plurality of temperature values simultaneously measured at a plurality of locations along a length of the blood vessel to determine a temperature profile along the length of the blood vessel,
determine, based on the plurality of temperature values, a first temperature value at a first location along the length of the blood vessel, the first temperature value indicating temperature of the fluid,
determine, based on the plurality of temperature values, a second temperature value at a second location along the length of the blood vessel, the second temperature value indicating temperature of a mixture of the fluid and blood within the blood vessel,
and determine the blood flow based on the first temperature value, the second temperature value, and the infusion rate;anddetermine a quality value indicating a degree of mixing of the fluid and the blood based on the plurality of temperature values measured at the plurality of locations along the length of the blood vessel.

18\. (Original) The non-transitory computer-readable storage medium as defined in claim 17, wherein the instructions, when executed by the processor, further cause the processor to:

determine the first location and the second location based on the plurality of temperature values measured at the plurality of locations along the length of the blood vessel.

19\. (Currently Cancelled)

20\. (Original) The non-transitory computer-readable storage medium as defined in claim 17, wherein the instructions, when executed by the processor, further cause the processor to:determine a quality value indicating quality of determining the blood flow based on a variation of the blood flow determined over time.

OFFICE ACTION:
DETAILED ACTION
Reasons for Allowance
Claims 1-9, 11-14, 16-18, and 20 allowed.
The following is an examiner’s statement of reasons for allowance: Claims 1, 13 and 17 were amended to contain the features of claims 10, 15, and 19, respectively. Claims 1, 13 and 17 are allowable for the same reasons set forth on pages 22-23 of the non-final rejection mailed 9/9/2024. Claims 2-9, 11-12, 14, 16-18, and 20 necessarily contain the all the limitations of the allowable independent claims, and are allowable by virtue of their dependency.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: REMARKS
The Examiner is thanked for indicating that claims 10-11, 15 and 19 would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Claim Rejections - 35 U.S.C.
§
Claims 1-5, 8-9, 13-14 and 17-18 were rejected under 35 U.S.C. § 103 as being unpatentable over Pijls (US 2007/0078352), in view of 'T Hooft (US 2014/0194757).
Claims 6-7 were rejected under 35 U.S.C. § 103 as being unpatentable over Pijls in view of 'T Hooft as applied to claim 2 above, and in further view of Van Der Mark (US 2015/0335231).
Claims 12, 16 and 20 were rejected under 35 U.S.C. § 103 as being unpatentable over
Pijls in view of 'T Hooft as applied to claim 1 above, and in further view of Yang ("Determination of the precision error of the pulmonary artery thermodilution catheter using an in vitro continuous flow rest rig").
Double Patenting
Claims 1-5, 8-9, 13-14 and 17-18 were rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 9 and 10 of U.S. Patent No. 11,564,584., in view of Pijls and 'T Hooft.
Claims 6-7 were rejected on the ground of nonstatutory double patenting as being
unpatentable over claims 1 and 6 of U.S. Patent No. 11,564,584, in view of Pijls, 'T Hooft and Van Der Mark.
Claims 12, 16 and 20 were rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6 of U.S. Patent No. 11,564,584, in view of Pijls, 'T Hooft and Yang.
As noted above, claim 1 has been amended to include the limitations of claim 10. Claim 13 has been amended to include the limitations of claim 15. Claim 17 has been amended to include the limitations of claim 19. In light of the indication in the Office Action that claims 10, 15, and 19 are directed to allowable subject matter, Applicants respectfully submit that the claims are in condition for allowance and that the § 103 and double patenting rejections are no longer relevant.
CONCLUSION