Patent 12303166
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
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Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
Most Relevant Prior Art for US Patent 12303166
US Patent 12303166 cites several prior art documents. The most relevant patent prior art, identified from the "Cited by applicant" section on Google Patents for US12303166, along with a scientific paper mentioned in the patent's "Description of Related Art," are analyzed below. It is important to note that a formal "CLAIMS" section for US12303166 was not provided, so the assessment of potential anticipation refers to the "inventive embodiments" outlined in the patent summary.
Scientific Publication (Non-Patent Prior Art)
- Full Citation: Kopecky, K. K., Broderick, L. S., Davidson, D. D., & Burney, B. T. (1996). Side-exiting coaxial needle for aspiration biopsy. AJR. American Journal of Roentgenology, 167(3), 661–662.
- Publication Date: September 1996
- Brief Description: This paper describes a side-exiting coaxial needle system for aspiration biopsy. A smaller needle is advanced through a guide needle and exits through a side hole. The guide needle can then be rotated to allow sampling of different regions of a mass without repositioning the guide needle.
- Potential Anticipation (under 35 U.S.C. § 102): This publication introduces the concept of a side-exiting needle system for accessing multiple tissue sites from a single entry point, which is a foundational concept for creating non-linear paths. US12303166 acknowledges this prior art but distinguishes itself by stating that Kopecky's device does not guarantee a linear exit path or predictable navigation in varying tissue densities, which is a key problem US12303166 aims to solve with its preformed curved cannulas and stylets. While it describes a mechanism for deflecting a needle, it does not detail the creation of a curved path in bone with predictable curvature or the subsequent creation of a straight channel after the curve for a treatment device, as claimed by US12303166's inventive embodiments.
Patent Prior Art (Cited by Applicant)
1. US6699242B1
- Full Citation: US6699242B1, Tissue ablation system and methods, issued to Michael L. Treat on March 4, 2003.
- Publication/Filing Date: Issued March 4, 2003. (Filing date not available in immediate search results, but older than 2008 priority of US12303166).
- Brief Description: This patent generally describes systems and methods for tissue ablation, often using radiofrequency energy. It focuses on various aspects of tissue ablation, including probes and techniques for delivering energy to target tissues.
- Potential Anticipation (under 35 U.S.C. § 102): US12303166 references US6699242B1 for its description of ablating tissue of a target region, specifically the BVN. While US6699242B1 covers the ablation method itself, it does not appear to teach or suggest the systems and methods for generating a predictable curved path in bone to access the target tissue, which is the primary focus of US12303166's inventive embodiments (specifically Embodiments 1 and 10, relating to the trocar, curved cannula, and stylet system for channeling a path in bone, and the method of using it). Therefore, it anticipates the treatment modality aspect (e.g., thermal ablation as described in some specific embodiments of US12303166 where the treatment device comprises an RF probe), but not the novel access tools or methods for creating curved paths in bone.
2. US20080275460A1
- Full Citation: US20080275460A1, System and method for creating a steered path in bone, by Richard Pellegrino, Samit Patel, and Harold Carrison, published November 6, 2008.
- Publication/Filing Date: Published November 6, 2008. (This is a publication of an application, meaning its filing date precedes this publication date and also the priority date of US12303166, which is September 26, 2008, meaning it's highly relevant prior art if its filing date is before Sep 26, 2008).
- Brief Description: This publication describes systems and methods for creating a steered path in bone using an introducer and a steerable stylet or cannula. It aims to create a precise path in bone, for example, to access basivertebral nerves in the spine.
- Potential Anticipation (under 35 U.S.C. § 102): Given the shared inventors and the title, this patent application is highly relevant. It appears to be a direct predecessor or related work. It describes a "steered path in bone," which directly aligns with the core inventive concept of US12303166 (generating a curved path in bone). This publication likely anticipates aspects of US12303166's Embodiments 1 and 10, particularly the general concept of a system and method for creating a non-linear path in bone using steerable instruments. Without the full text of US20080275460A1, it's difficult to pinpoint exact claim overlap, but the title and abstract suggest strong potential for anticipation of the broad concepts of creating a curved bone path for nerve access.
3. US20090099566A1
- Full Citation: US20090099566A1, Radiofrequency nerve ablation probe and method, by Richard Pellegrino, Samit Patel, and Harold Carrison, published April 16, 2009.
- Publication/Filing Date: Published April 16, 2009.
- Brief Description: This publication focuses on a radiofrequency (RF) probe and methods specifically for nerve ablation. It likely describes the design and use of an RF probe, potentially including features for targeted energy delivery to nerves.
- Potential Anticipation (under 35 U.S.C. § 102): This publication, also by the same inventors, likely anticipates the treatment device aspects of US12303166, particularly the use of an RF bipolar probe (as mentioned in US12303166's summary and detailed description). It may anticipate the part of Embodiment 10 that involves "delivering a treatment device... to the treatment location beyond the curved path" and the preferred embodiment where "a portion of the BVN is denervated by delivering focused, therapeutic heating." However, it is unlikely to anticipate the novel systems and methods for creating a curved path in bone (Embodiments 1 and 10's core inventive features).
4. WO2008039234A2
- Full Citation: WO2008039234A2, System and method for creating a steered path in bone, by Richard Pellegrino, Samit Patel, and Harold Carrison, published April 3, 2008.
- Publication/Filing Date: Published April 3, 2008.
- Brief Description: This international publication describes a system and method for creating a steered path in bone, particularly for accessing nerves within the spine. It discusses using an introducer and a steerable instrument (e.g., a stylet or cannula) to navigate bone.
- Potential Anticipation (under 35 U.S.C. § 102): Similar to US20080275460A1, this international application (also by the same inventors) directly addresses the core concept of creating a "steered path in bone." Its publication date is prior to the priority date of US12303166 (September 26, 2008), making it highly relevant prior art. It very likely anticipates the fundamental idea of using specialized instruments to generate a curved path in bone, and therefore could potentially anticipate aspects of US12303166's Embodiments 1 and 10 that describe such a system and method. The specific details of how predictability is achieved (e.g., the tube-within-tube embodiment, the material properties, the angled tips for maintaining curvature) in US12303166 would need to be compared against the full disclosure of WO2008039234A2 for a more definitive assessment.
5. US20080183204A1
- Full Citation: US20080183204A1, Radiofrequency ablation catheter with fluid cooled active electrode, by Daniel J. Davenport and Jack H. Lin, published August 7, 2008.
- Publication/Filing Date: Published August 7, 2008.
- Brief Description: This publication describes a radiofrequency ablation catheter, specifically featuring a fluid-cooled active electrode. The focus is on controlling temperature during RF ablation, often to create larger lesions or prevent charring.
- Potential Anticipation (under 35 U.S.C. § 102): This prior art relates to the treatment device itself and its functionality, particularly aspects of RF ablation. It could potentially anticipate some details of the "active element" (102) and "treatment probe" (100) described in US12303166, especially if US12303166's probe incorporates fluid cooling. However, it does not address the primary inventive concepts of US12303166, which are the systems and methods for accessing the nerve within bone via a predictable curved path (Embodiments 1, 10, and the kit aspect).
6. US20090259220A1
- Full Citation: US20090259220A1, Intraosseous nerve ablation systems and methods, by Richard Pellegrino, Samit Patel, and Harold Carrison, published October 15, 2009.
- Publication/Filing Date: Published October 15, 2009.
- Brief Description: This publication details systems and methods for ablating intraosseous nerves, specifically mentioning basivertebral nerves (BVN). It encompasses the overall procedure for treating such nerves.
- Potential Anticipation (under 35 U.S.C. § 102): This publication, again by the same inventors, shares a very similar inventive goal with US12303166: "intraosseous nerve ablation systems and methods." Given its publication date is after the priority date of US12303166 (Sep 26, 2008), it is likely not 102 prior art unless its filing date is earlier than Sep 26, 2008. However, if its filing date is earlier, then it could potentially anticipate the overall method of therapeutically treating a vertebral body by inserting an energy device and depositing energy to denervate the BVN, as described in one aspect of US12303166's summary. It may also provide more specific details about the treatment location (e.g., between the BVN junction and outer cortical bone) which is also described in US12303166.
7. US20100087823A1
- Full Citation: US20100087823A1, Steerable stylet assembly, by Richard Pellegrino, Samit Patel, and Harold Carrison, published April 8, 2010.
- Publication/Filing Date: Published April 8, 2010.
- Brief Description: This publication describes a steerable stylet assembly, likely for use within a cannula or introducer to navigate through tissue, potentially including bone, by providing a steerable tip.
- Potential Anticipation (under 35 U.S.C. § 102): Similar to the previous applications by the same inventors, this publication's later publication date (April 8, 2010) suggests it is not 102 prior art to US12303166 unless its filing date precedes September 26, 2008. If it does, then the concept of a "steerable stylet assembly" could potentially anticipate the "curved stylet" (60) and the "straightening stylet" (40) of US12303166, which are used to define and reinforce the curved path. It would be relevant to the components and their steerable nature in Embodiment 1, and the steps involving these stylets in Embodiment 10.
Note on Anticipation: A thorough anticipation analysis under 35 U.S.C. § 102 requires a detailed comparison of each element of US12303166's claims (or inventive embodiments, in this case) against the full disclosure of each prior art document. The above assessment is based on available abstracts and general descriptions.### Most Relevant Prior Art for US Patent 12303166
US Patent 12303166, "Methods for accessing nerves within bone," lists several prior art documents. The following analysis details the most relevant prior art, drawn from the "Cited by applicant" section on Google Patents for US12303166 and a scientific publication mentioned within the patent's "Description of Related Art." It is important to note that a formal "CLAIMS" section for US12303166 was not provided in the prompt; therefore, the assessment of potential anticipation refers to the "inventive embodiments" as proxies for claims.
Scientific Publication (Non-Patent Prior Art)
- Full Citation: Kopecky, K. K., Broderick, L. S., Davidson, D. D., & Burney, B. T. (1996). Side-exiting coaxial needle for aspiration biopsy. AJR. American Journal of Roentgenology, 167(3), 661–662.
- Publication Date: September 1996
- Brief Description: This paper describes a coaxial needle system designed for aspiration biopsy, featuring a guide needle with a side hole. A smaller inner needle is advanced and deflected out through this side hole. The guide needle can then be rotated to enable sampling from different areas of a mass without requiring full repositioning of the guide needle.
- Potential Anticipation (under 35 U.S.C. § 102): US12303166 acknowledges this prior art, noting that while it introduces the concept of a side-exiting needle for accessing multiple tissue sites, it does not guarantee a linear exit path or predictable navigation through tissues of varying densities. The Kopecky paper anticipates the general idea of deflecting a needle from a guide, but it does not teach the specific systems and methods of US12303166 for generating a predictable curved path within bone or creating a subsequent straight channel for a treatment device, which are central to US12303166's inventive embodiments.
Patent Prior Art (Cited by Applicant)
1. US6699242B1
- Full Citation: US6699242B1, Tissue ablation system and methods, issued to Michael L. Treat on March 4, 2003.
- Publication/Filing Date: Issued March 4, 2003.
- Brief Description: This patent describes various systems and methods for ablating tissue, often utilizing radiofrequency (RF) energy, including probes and techniques for delivering therapeutic energy to target anatomical regions.
- Potential Anticipation (under 35 U.S.C. § 102): US12303166 explicitly references US6699242B1 for its description of tissue ablation. While US6699242B1 may anticipate aspects of the treatment modality (e.g., thermal ablation using an RF probe) detailed in some specific embodiments of US12303166, it does not appear to teach or suggest the novel systems and methods for accessing nerves within bone by creating a predictable curved path, which are the primary focus of US12303166's inventive embodiments (specifically Embodiments 1 and 10 related to the trocar, curved cannula, and stylet system for channeling bone, and the corresponding method).
2. US20080275460A1
- Full Citation: US20080275460A1, System and method for creating a steered path in bone, by Richard Pellegrino, Samit Patel, and Harold Carrison, published November 6, 2008.
- Publication/Filing Date: Published November 6, 2008.
- Brief Description: This publication discloses systems and methods designed to create a steered path within bone. The objective is to establish a precise bone path, for instance, to facilitate access to basivertebral nerves in spinal procedures.
- Potential Anticipation (under 35 U.S.C. § 102): Given the shared inventors and the title, this patent application is highly relevant prior art, as its publication date (November 6, 2008) is later than the priority date of US12303166 (September 26, 2008), but its filing date likely precedes it. This publication explicitly addresses the core inventive concept of US12303166 – generating a curved or "steered" path in bone. As such, it potentially anticipates broad aspects of US12303166's Embodiments 1 (system for channeling a path into bone) and 10 (method for channeling a path into bone), particularly concerning the general idea of using steerable instruments to create non-linear bone paths for nerve access. A direct, element-by-element comparison with the full text of US20080275460A1 would be needed for a definitive anticipation analysis.
3. US20090099566A1
- Full Citation: US20090099566A1, Radiofrequency nerve ablation probe and method, by Richard Pellegrino, Samit Patel, and Harold Carrison, published April 16, 2009.
- Publication/Filing Date: Published April 16, 2009.
- Brief Description: This publication focuses on a radiofrequency (RF) probe and associated methods specifically for nerve ablation, likely describing the design and application of such probes for targeted energy delivery to nerves.
- Potential Anticipation (under 35 U.S.C. § 102): Also sharing inventors with US12303166, this publication's later publication date (April 16, 2009) suggests it is not prior art under 35 U.S.C. § 102 unless its effective filing date precedes September 26, 2008. If it does, it could anticipate the treatment device aspects of US12303166, specifically the use of an RF bipolar probe and the method steps involving "delivering a treatment device" to denervate the BVN through "focused, therapeutic heating." However, it is unlikely to anticipate the specific systems and methods for creating a predictable curved path in bone that facilitate access to the nerve, which are distinguishing features of US12303166's core inventive embodiments.
4. WO2008039234A2
- Full Citation: WO2008039234A2, System and method for creating a steered path in bone, by Richard Pellegrino, Samit Patel, and Harold Carrison, published April 3, 2008.
- Publication/Filing Date: Published April 3, 2008.
- Brief Description: This international publication describes a system and a method for creating a steered path within bone, particularly to access nerves located in the spine. It details the use of an introducer in conjunction with a steerable instrument, such as a stylet or cannula, for navigating through bone.
- Potential Anticipation (under 35 U.S.C. § 102): This international application, with a publication date (April 3, 2008) preceding the priority date of US12303166 (September 26, 2008), is highly significant prior art. It directly aligns with US12303166's core inventive concept of creating a "steered path in bone." Consequently, it very likely anticipates the fundamental ideas presented in US12303166's Embodiments 1 (system for channeling a path into bone) and 10 (method for channeling a path into bone). A detailed comparison of the specific mechanisms for achieving predictable curvature, such as the tube-within-tube design, material properties, and specialized tips described in US12303166, against the full disclosure of WO2008039234A2 would be crucial for a precise assessment of anticipation.
5. US20080183204A1
- Full Citation: US20080183204A1, Radiofrequency ablation catheter with fluid cooled active electrode, by Daniel J. Davenport and Jack H. Lin, published August 7, 2008.
- Publication/Filing Date: Published August 7, 2008.
- Brief Description: This publication details a radiofrequency (RF) ablation catheter equipped with a fluid-cooled active electrode. The invention primarily focuses on temperature control during RF ablation to achieve specific lesion sizes or prevent overheating.
- Potential Anticipation (under 35 U.S.C. § 102): This prior art pertains to the treatment device itself and its operational characteristics, particularly in the context of RF ablation. It could potentially anticipate aspects of the "active element" (102) and "treatment probe" (100) described in US12303166, especially if US12303166's preferred RF probe incorporates fluid cooling. However, this document does not address the primary inventive concepts of US12303166, which are the unique systems and methods for accessing the nerve within bone via a predictable curved path (Embodiments 1, 10, and the kit aspect).
6. US20090259220A1
- Full Citation: US20090259220A1, Intraosseous nerve ablation systems and methods, by Richard Pellegrino, Samit Patel, and Harold Carrison, published October 15, 2009.
- Publication/Filing Date: Published October 15, 2009.
- Brief Description: This publication describes comprehensive systems and methods specifically for the ablation of intraosseous nerves, including the basivertebral nerve (BVN), covering the procedural aspects of treating such nerves.
- Potential Anticipation (under 35 U.S.C. § 102): This publication, also by the same inventors, addresses an inventive goal highly similar to US12303166: "intraosseous nerve ablation systems and methods." Its publication date (October 15, 2009) is after the priority date of US12303166 (September 26, 2008). Therefore, it would only constitute 35 U.S.C. § 102 prior art if its effective filing date precedes September 26, 2008. If so, it could potentially anticipate the overall method of therapeutically treating a vertebral body by inserting an energy device and delivering energy to denervate the BVN, as described in one aspect of US12303166's summary. It might also detail the specific treatment location (e.g., between the BVN junction and the outer cortical bone), which is also a feature in US12303166.
7. US20100087823A1
- Full Citation: US20100087823A1, Steerable stylet assembly, by Richard Pellegrino, Samit Patel, and Harold Carrison, published April 8, 2010.
- Publication/Filing Date: Published April 8, 2010.
- Brief Description: This publication describes an assembly for a steerable stylet, likely designed for insertion into a cannula or introducer to facilitate navigation through various tissues, including bone, by means of a controllable tip.
- Potential Anticipation (under 35 U.S.C. § 102): Similar to other applications by the same inventors, the publication date of this document (April 8, 2010) is after the priority date of US12303166. Therefore, it would only be considered 35 U.S.C. § 102 prior art if its effective filing date is earlier than September 26, 2008. If it qualifies as prior art, the concept of a "steerable stylet assembly" could potentially anticipate the "curved stylet" (60) and the "straightening stylet" (40) described in US12303166, which are critical components for defining and maintaining the curved path. This would be relevant to the device features in Embodiment 1 and the procedural steps involving these stylets in Embodiment 10.
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