Ex Parte Yokoi et al

Patent Trial and Appeal Board

Mar 8, 2013

11702871 (P.T.A.B. Mar. 8, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/702,871 02/06/2007 Takeshi Yokoi 16370Y 8811
7590 03/08/2013
Paul J. Esatto, Jr.
Scully, Scott, Murphy & Presser
400 Garden City Plaza
Garden City, NY 11530
EXAMINER
SMITH, PHILIP ROBERT
ART UNIT PAPER NUMBER
3779
MAIL DATE DELIVERY MODE
03/08/2013 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
__________

Ex parte TAKESHI YOKOI, HIRONOBU TAKIZAWA,
AKIO UCHIYAMA, and HITOSHI MIZUNO
__________

Appeal 2011-011872
Application 11/702,871
Technology Center 3700
__________

Before LORA M. GREEN, MELANIE L. McCOLLUM, and
JACQUELINE WRIGHT BONILLA, Administrative Patent Judges.

McCOLLUM, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving a claim to a capsule
type medical device. The Examiner has rejected the claim as obvious. We
have jurisdiction under 35 U.S.C. § 6(b). We affirm.

Appeal 2011-011872
Application 11/702,871

2
STATEMENT OF THE CASE
Claim 6 is on appeal (App. Br. 4).1 Claim 6 reads as follows:
6. A capsule type medical device comprising:
a swallowable housing, adapted to be introduced into a subject, the
swallowable housing having a center axis in a longitudinal direction of the
swallowable housing;
a battery placed in the housing;
a magnet placed in the housing;
an antenna placed in the housing and adapted to wirelessly
communicate with a device located outside the subject; and
a propulsion generating unit adapted to convert rotational motion of
the capsule type medical device generated by the magnet into propulsion
force,
wherein:
the battery is arranged on a first side of the magnet and the antenna is
arranged on a second side substantially opposite to the first side with respect
to the magnet, and
the center of gravity of the capsule type medical device is
substantially on the center axis of the swallowable housing.
Claim 6 stands rejected under 35 U.S.C. § 103(a) as obvious over
Ueda et al. (US 5,681,260, Oct. 28, 1997) in view of Vega (US 4,249,536,
Feb. 10, 1981) (Ans. 4).
ISSUE
Does the evidence support the Examiner’s conclusion that Ueda
teaches or suggests a capsule type medical device having a center of gravity
that is substantially on the center axis of the swallowable housing?

1 Claims 3-5 and 7-30 are also pending but have been withdrawn from
consideration (App. Br. 4).
Appeal 2011-011872
Application 11/702,871

3
ANALYSIS
We incorporate the Examiner’s fact finding and conclusions as set
forth in the Answer at pages 4-6. Appellants argue, however, that “Ueda
fails to disclose or suggest the limitation ‘the center of gravity of the capsule
type medical device is substantially on the center axis of the swallowable
housing’” (App. Br. 7). We are not persuaded by this argument for the
reasons set forth in the Answer at pages 6-9, which Appellants have not
responded to.
CONCLUSION
The preponderance of the evidence supports the Examiner’s
conclusion that Ueda teaches or suggests a capsule type medical device
having a center of gravity that is substantially on the center axis of the
swallowable housing. We therefore affirm the obviousness rejection of
claim 6.
TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED

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