# US 11,439,847 B2 · Systems and methods for treating a lung of a patient using guided radiation therapy or surgery

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- Number: US 11,439,847 B2
- Document ID: US11439847B2
- Status: Granted
- Kind: B2
- Application number: 16/143,863
- Filed: 2018-09-27
- Published: 2019-01-24
- Granted: 2022-09-13
- Earliest claimed: 2004-06-24
- Assignees: Varian Medical Systems, Inc.
- Applicants: Varian Medical Systems, Inc.
- Inventors: Edward J. Vertatschitsch; Steven C. Dimmer; Timothy P. Mate; Eric Meier; Keith Seiler; J. Nelson Wright
- Web page: https://patentgrep.com/patent/US11439847B2

## CPC

- A61N 5/1049: {for verifying the position of the patient with respect to the radiation beam}
- A61B 90/39: {Markers, e.g. radio-opaque or breast lesions markers}
- A61B 5/062: {using magnetic field}
- A61B 34/25: {User interfaces for surgical systems}
- A61B 34/30: Surgical robots
- A61B 2034/301: {for introducing or steering flexible instruments inserted into the body, e.g. catheters or endoscopes}
- A61B 2090/3958: {emitting a signal}
- A61B 2090/3987: {Applicators for implanting markers}
- A61B 2090/3991: {having specific anchoring means to fixate the marker to the tissue, e.g. hooks}
- A61B 2090/3995: {Multi-modality markers}
- A61N 5/1067: {in real time, i.e. during treatment}
- A61N 5/107: {in real time, i.e. during treatment}
- A61N 2005/1051: {using an active marker}
- A61N: ELECTROTHERAPY; MAGNETOTHERAPY; RADIATION THERAPY; ULTRASOUND THERAPY (measurement of bioelectric currents A61B; surgical instruments, devices or methods for transferring non-mechanical forms of energy to or from the body A61B18/00; anaesthetic apparatus in general A61M; incandescent lamps H01K; infrared radiators for heating H05B)
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)

## Abstract

Systems and methods for treating a lung of a patient. One embodiment of a method comprises positioning a leadless marker in the lung of the patient relative to the target, and collecting position data of the marker. This method further comprises determining the location of the marker in an external reference frame outside of the patient based on the collected position data, and providing an objective output in the external reference frame that is responsive to movement of the marker. The objective output is provided at a frequency (i.e., periodicity) that results in a clinically acceptable tracking error. In addition, the objective output can also be provided at least substantially contemporaneously with collecting the position data used to determine the location of the marker.

## Claims

### Claim 1

A marker for placing in a lung of a patient, comprising:
a marker section configured to be localized and comprising a magnetic transponder and an imaging element, the imaging element configured to make the marker section discernable in radiographic images; and
an anchor attached to the marker section, the anchor comprising an expandable cylindrical section having first and second open ends, the expandable cylindrical section configured to move between a stored position having a first size and a deployed position having a second size greater than the first size, wherein, when in the deployed position, the first and second open ends of the expandable cylindrical section are open for flow therethrough in both directions,
wherein the imaging element comprises a first contrast element and a second contrast element, the first contrast element and the second contrast element positioned at opposing ends of the magnetic transponder such that the marker has a radiographic centroid substantially coincident with a magnetic centroid of the magnetic transponder.

### Claim 2 (depends on 1)

The marker of claim 1 wherein the anchor comprises a helical stent that expands radially outward from the stored position to the deployed position.

### Claim 3 (depends on 1)

The marker of claim 1 wherein the anchor comprises a nitinol member that moves radially outward from the stored position to the deployed position.

### Claim 4 (depends on 1)

The marker of claim 1 wherein the marker section has a cylindrical portion with a diameter not greater than 2 mm.

### Claim 5 (depends on 1)

The marker of claim 1 wherein the anchor comprises a resilient member attached to the expandable cylindrical section, wherein the resilient member has an unexpanded state in the stored position and an expanded state in the deployed position.

### Claim 6 (depends on 1)

The marker of claim 1 further comprising a capsule, wherein the magnetic transponder, the first contrast element and the second contrast element are each positioned inside the capsule.

### Claim 7 (depends on 1)

The marker of claim 1 wherein the magnetic transponder comprises a capacitor, a coil and a module, the coil positioned between the capacitor and the module to define the magnetic centroid at a position coincident with the radiographic centroid between the capacitor and the module.

### Claim 8 (depends on 7)

The marker of claim 7 wherein the module comprises a second capacitor.

### Claim 9 (depends on 7)

The marker of claim 7 wherein the module comprises an electrically inactive element.

### Claim 10 (depends on 1)

The marker of claim 1 wherein the first contrast element and the second contrast element are radiographically distinct from the magnetic transponder.

### Claim 11

A marker for implantation into a patient, comprising:
a capsule;
a transponder in the capsule, the transponder including a circuit and an imaging element, the circuit configured to be energized by a wirelessly transmitted excitation energy and to wirelessly transmit a magnetic location signal in response to the excitation energy, the imaging element configured to make the capsule discernable in radiographic images; and
an anchor attached to the capsule, the anchor comprising an expandable cylindrical section that has open ends, the expandable cylindrical section configured to move between a stored position having a first size and a deployed position having a second size greater than the first size, wherein, when in the deployed position, the open ends of the expandable cylindrical section allowing fluid flow therethrough in both directions,
wherein the imaging element comprises a first contrast element and a second contrast element, the first contrast element and the second contrast element positioned at opposing ends of the transponder such that the marker has a radiographic centroid substantially coincident with a magnetic centroid of the transponder.

### Claim 12 (depends on 11)

The marker of claim 11 wherein the anchor comprises a helical stent that expands radially outward from the stored position to the deployed position.

### Claim 13 (depends on 11)

The marker of claim 11 wherein the anchor comprises a nitinol member that moves radially outward from the stored position to the deployed position.

### Claim 14 (depends on 11)

The marker of claim 11 wherein the capsule has a cylindrical portion with a diameter not greater than 2 mm.

### Claim 15 (depends on 11)

The marker of claim 11 wherein the anchor comprises a resilient member attached to the cylindrical section, wherein the resilient member has an unexpanded state and an expanded state.

### Claim 16 (depends on 11)

The marker of claim 11 wherein the first contrast element comprises gold, tungsten or platinum.

### Claim 17 (depends on 11)

The marker of claim 11, wherein the first contrast element and the second contrast element each comprise a ring of metal.

### Claim 18 (depends on 11)

The marker of claim 11 wherein the circuit comprises a capacitor, a coil and a module, the coil positioned between the capacitor and the module to define the magnetic centroid at a position coincident with the radiographic centroid between the capacitor and the module.

### Claim 19 (depends on 18)

The marker of claim 18 wherein the module comprises a second capacitor.

### Claim 20 (depends on 18)

The marker of claim 18 wherein the module comprises an electrically inactive element.
