DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Pursuant of Applicant’s amendments filed 11/12/2025, the rejection of claims 1-20 under 35 U.S.C. 101 have been withdrawn.
Applicants’ arguments on pages 17-20 have been fully considered but are NOT persuasive.
Applicant argues on page 19 that the combination of Iversen, Kawahara and Blanford fails to teach wherein with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image” as required by claims 1, 11, and 18.
Applicant emphasizes that Kawahara merely teaches a slider for changing a radius of a circle, while Blanford only teaches a symbol cursor 491 that is dragged to change the nominal radius of curvature of an arc.
Examiner first notes that the amendments include subject matter that is not supported in the disclosure (see the 35 U.S.C. 112(a) rejection below). That is, the disclosure does not support changing a shape of the arc but rather an inclination/orientation and/or radius of curvature.
With that note, Examiner contends that Iversen discusses, with respect to fig. 5, superimposing auxiliary lines and circle (the ellipse) and in [0039] describing that in superimposing the ellipse upon a marker 3 so the ellipse coincides with the marker, by adjusting the angles indicated on the display for cup inclination (inclination of the ellipse relative to the horizontal plane 10) and anteversion/retroversion (the degree of opening of the ellipse). The auxiliary line 11 is brought to coincide with the marker parts 4 and 2 by adjusting the apex of the cup (anterior posterior). The auxiliary lines 12 are then brought to run approximately vertically through the markers 8 and 8' by adjusting the angles of stem varus, stem extension and stem anteversion (retroversion). These adjustments effectively adjust the shape of the originally superimposed ellipse, so that the ellipse coincides with the marker 3.
The rejection of claims 1, 11, and 18 rely on Iversen’s adjustment of the shape (in view of the interpretation of the claim as outlined below), with Kawahara’s slider and Blanford’s limits for changing a curvature of an arc.
Therefore, the claims stand rejected.
Withdrawn Claim Objections
Pursuant of Applicant’s amendments filed 11/12/2025, the objection made to claim 1 is withdrawn.
Claim Interpretation
Examiner notes that claims 1, 11, and 18 recite “displaying a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs”, “displaying a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs”, and “display a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs”, respectively. However, the one or more arcs, as referenced in the disclosure, inherently define a particular geometric shape such as a continuous portion (as of a circle or eclipse) of a curved line. It then follows that modifying a shape of the one or more arcs results in a fundamental change in the shape of the one or more arc such the resultant shape of the one or more arcs will no longer define or describe the geometric shape that is an arc. The claims appear to suggest that modifying the shape of the one or more arcs is “such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image”, and hence for purposes of the examination, the modifying the shape of the one or more arcs is interpreted as such.
Claim Rejections - 35 USC § 101
Pursuant of Applicant’s amendments filed 11/12/2025, the rejection of claims 1-20 under 35 U.S.C. 101 have been withdrawn.
The claims currently require a display and that the superimposing of the one or more arcs on the X-ray image and the provision of user controls be performed on the display.
Such acts cannot be reasonably performed mentally or by hand as the steps necessarily require the use of a display of a graphical user interface in manipulating the arcs by the user. Furthermore, the steps are not well-understood, routine and conventional activity in image-guided hip arthroplasty.
Applicant also identifies improvements to the field on pages 12-16 of Applicant’s remarks filed 11/12/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 11, and 18 recite “displaying a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs”, “displaying a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs”, and “display a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs”, respectively. Applicant’s remarks in Applicant’s responses filed 11/12/2025 refers to [0207]-[0208] of the specification, passages which also reference the flow chart in fig. 59. However, neither the flowchart in fig. 59 nor the cited passages of the specification provide sufficient evidence for modifying a shape of the one or more arcs, nor using the slider control to accomplish such goal. In fact, [0205] of the specification provides evidence for using the slider control 1580 for increasing and decreasing the size of the arcs 1572 and 1574. [0205] further states that Sliding knob 1584 (of the slider control 1580) all the way to '0' will cause the arcs 1572, 1574 to overlay the abduction angle line segment 1542. Sliding all the way to '100' will cause the arcs to overlay the existing circle 1524. Hence it appears that the slider control either changes an orientation or alignment of the arcs to align the arcs to the abduction line segment 1542 or the circle 1524 as viewed on the graphical user interface or the that the slider control changes a curvature or eccentricity of the arc to align the arcs to the abduction line or the circle 1524. Examiner further notes that the disclosure also fails to describe what an increase or decrease in size of the arcs (as disclosed in at least [0205]) entails. Corollary, the claimed modification in shape of the arcs has not been buttressed by sufficient evidence in that sections of the specification ([0212]-[0213]) fail to stipulate that the shape of the arcs is modified but rather moving the arc to be directly on the cup or directly on the abduction angle line.
Claims 2-9, 12-17, and 19-20 are rejected based on their respective dependencies on claims 1, 11, and 18.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6, 10-14, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Iversen, B.F., US 20040117028 A1, in view of Kawahara, et al., US 20110012905 A1 and Blanford, et al., US 20080101682 A1.
Regarding claim 1, Iversen teaches a system to provide intraoperative analysis related to an acetabular component (a method and device for providing information after insertion of a prosthesis in a hip joint comprising prosthesis stem, and a prosthesis cup and based on this information the position of the components of a hip prosthesis is provided. The prosthesis stem and the prosthesis cup or the part of the body in which the prosthesis is provided can include markers that can be shown on an X-ray picture (see abstract)), the system comprising:
a memory ([0036] discloses a memory),
a display ([0035] and [0038] describe a display, with claim 2 reciting a screen of a display unit),
and a processor coupled to the memory ([0036] discloses an image processing unit associated with the memory), wherein the memory comprises a plurality of computer-readable instructions that, in response to being executed ([0037] discloses an image processing program), cause the processor is configured to:
obtain an X-ray image of a surgical site of a patient with the acetabular component installed (see fig. 4 and reproduced fig. 5 below depicting an X-ray image with an acetabular cup installed. [0024] states that “FIG. 4 shows an X-ray of a hip joint with an inserted prosthesis, indicating the markers 2, 3, 4 of the cup.”).
automatically recognize a location of an acetabular component represented in the X-ray image ([0035] states that “Based on the X-ray with the markers, the surgeon is therefore able, through manual measurement of the distances and angles, to make a statement regarding the position of the prosthesis. However, such a manual measurement is burdened with potential flaws and a not insignificant measuring uncertainty. Thus, an automatic or partly automatic interpretation of the X-ray is desirable. This may be provided through a computer program that superimposes auxiliary lines 10, 11, 12 (the display in FIG. 5) on the X-ray, which are guided over the respective markers, either manually by an operator for the computer processing equipment or automatically, by identification of the pixel value of the markers, and impose themselves over the markers”. The automatic interpretation of the X-ray to determine position of the prostheses means that a cup position is automatically identified);
superimpose, on the display (see reproduced fig. 5 below), one or more arcs on the X-ray image at the location of the acetabular component ([0035] states “This may be provided through a computer program that superimposes auxiliary lines 10, 11, 12 (the display in FIG. 5) on the X-ray, which are guided over the respective markers, either manually by an operator for the computer processing equipment or automatically, by identification of the pixel value of the markers, and impose themselves over the markers”. Of note, the markers are required on, or in a known relation to the cup according to [0022]-[0023]);
provide user controls on the display (see reproduced fig. 5 below) that are selectively operable to provide user input indicative of (i) a desired modification of the location of the one or more arcs, (ii) a desired modification of a size of the one or more arcs, and (iii) a desired modification of a shape of the one or more arcs ([0038] states that “FIG. 5 shows a display of the X-ray with superimposed auxiliary lines adjusted and positioned correctly on the X-ray. This positioning may be done manually by operating the keyboard or mouse, e.g. by 15 depressing and holding the respective mouse buttons when the mouse arrow is located over circle 13 and dragging the circle 13 over the head of the prosthesis, or by the operator positioning the mouse arrow at the center of the head of the prosthesis and clicking on the left mouse button and positioning the mouse arrow on the outer edge of the circular head of the prosthesis and clicking on the right mouse button, whereupon the diameter of the circle 13 is reduced or increased, whereby correction is made for the degree of magnification on the X-ray film”. This description indicates that the system includes user controls with which the operator manipulates and interacts with features on the display);
modify at least one of (i) the location, (ii) the size, or (ii) the shape of the one or more arcs in response to provision of the user input and as a function of the user input to position the one or more arcs over a bottom of the acetabular component shown in the X-ray image ([0039] states that “The auxiliary circle (the ellipse) 10 is then brought to coincide with the marker 3 (compare with FIG. 4, which is an X-ray of an inserted prosthesis). This is done by the operator adjusting the angles indicated on the display for cup inclination (inclination of the ellipse relative to the horizontal plane 10) and anteversion/retroversion (the degree of opening of the ellipse). The auxiliary line 11 is brought to coincide with the marker parts 4 and 2 by adjusting the apex of the cup (anterior posterior). The auxiliary lines 12 are then brought to run approximately vertically through the markers 8 and 8' by adjusting the angles of stem varus, stem extension and stem anteversion (retroversion)”. In the adjustments described in [0038]-[0039], at least a shape and a location of the auxiliary lines 10, 11, and 12 in fig. 5 are modified. Also, as can be seen in reproduced fig. 5 below, at least a portion of the circle 13 coincides with a bottom of the cup); and
determine anteversion information for the acetabular component in response to the provision of the user input and as a function of based on the modified location, size, or shape of the one or more arcs, wherein the modified location, size, or shape of the one or more arcs is modified as a function of the user input ([0035] states that “When the auxiliary lines have been arranged over the respective markers, a calculating unit in the image processing unit will calculate the angles on the basis of trigonometric principles, determining the number of degrees of anteversion or retroversion”).
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Iverson fails to teach wherein the processor is configured to provide the user controls by displaying a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs.
However, within the same field of endeavor, Kawahara teaches an information processing apparatus including a display control unit for causing a display unit to display a reference circle arranged at a prescribed position and to display a moving graphic to be movable in accordance with a move command from an operation unit (abstract), wherein the processor (processor 105a of [0106]) is configured to provide the user controls by displaying a slider control on the display (102Q of figs. 1-2 and [0106]) having a slider movable along a slider range (the slider 102Q is movable along the scale 102P) to modify a shape of the one or more arcs ([0061] The information processing system obtains the parameter range corresponding to a portion of the circumference of reference circle 102S located within moving circle 102A. In other words, the user can change the range of the circumference of reference circle 102S located within moving circle 102A, by shifting moving circle 102A. As a result, the user can readily change the parameter range. [0062] In particular, in the information processing system according to the present embodiment, the user can change the parameter range (width) by shifting moving circle 102A in the radial direction of reference circle 102S while changing the position of the parameter range by shifting moving circle 102A in the circumferential direction of reference circle 102S. [0063] In this manner, the user can select the desired date and period (such as the number of days) simultaneously and intuitively with one drag and drop operation, for example. Such parameter range changes are illustrated by figs. 6, 12 and 13 where fig. 6 shows how the range is calculated, fig. 12 shows a wide range and fig. 13 shows a narrow range of the circumference of the reference circle 102S. [0106] also indicates a change in the radius of the moving circle, which comprises a plurality of arcs along its circumference. This change in radius facilitates a change in the size of the circle. That is, as the radius is reduced or increased the circumference of the circle will get smaller or larger, respectively, hence effecting a change in size of the circle and an arc of the circle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Iversen, wherein the processor is configured to provide the user controls by displaying a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs, as taught by Kawahara, for facilitating user's input of the range of various parameters and a technique for facilitating user's intuitive grasp of the size, the position and the like of the numerical range of a displayed object ([0003]-[0004]), with a reasonable expectation of success, as Iverson strives to provide graphical tools that makes it easier for undertaking various tasks during a surgical procedure ([0010]-[0011]).
Iverson in view of Kawahara fails to teach such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image.
However, within the same field of endeavor, Blanford teaches an arc tool user interface for efficiently defining an arc tool region of interest (abstract) such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image ([0058] discloses a curvature-changing mode symbol cursor 491 as part of the arc tool 400 to effect a change in the curvature. [0058] describes this “curvature-changing mode” as increasing or decreasing of the nominal radius of curvature of the outer radius 410, “then the nominal radius of curvature of the outer radius 410 out and inner radius 410 in would mutually increase, as generally shown in FIG. 8A”. Figs. 8A-8C are taught to represent limiting states of various allowed geometry changes for the curvature-changing mode of the arc tool 400. [0059] describes a limiting state of the arc tool 400 as the curvature-changing mode symbol cursor 491 is moved radially inward, along a direction approximately indicated by the arrow 811, causing the nominal radius of curvature of the outer radius 410out and inner radius 410in to mutually increase, and [0060] describes two limiting states of the arc tool 400 as the curvature-changing mode symbol cursor 491 is moved radially outward, along a direction approximately indicated by the arrow 811', causing the nominal radius of curvature of the outer radius 410out and inner radius 410in to mutually decrease, with a maximum allowed difference between the stop angle 812' and the start angle 813' of the arc tool 400 that may be set using the curvature-changing mode symbol cursor 491 is approximately 180 degrees, and the minimum allowed radius of curvature of the inner radius 410in is zero units).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen, such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image, as taught by Blanford, for improving region of interest selection and manipulation and hence allowing efficient, intuitive, and flexible use of graphical user interface tools ([0005]-[0006]), with a reasonable expectation of success, as modified Iverson strives to provide graphical tools that makes it easier for undertaking various tasks during a surgical procedure ([0010]-[0011]).
Regarding claim 2, Iverson in view of Kawahara and Blanford teaches all the limitations of claim 1 above.
Iversen further teaches wherein the processor is configured to provide user controls by displaying guide handles on the display that are configured to facilitate position adjustment of the one or more arcs ([0035] states, with respect to the superimposing of the auxiliary lines 10, 11, and 12, that “This may be provided through a computer program that superimposes auxiliary lines 10, 11, 12 (the display in FIG. 5) on the X-ray, which are guided over the respective markers, either manually by an operator for the computer processing equipment or automatically, by identification of the pixel value of the markers, and impose themselves over the markers” so at least a portion of the lines themselves serve as a guide handle in the mouse and keyboard dragging, adjusting, and positioning actions described in [0038]).
Iverson in view of Kawahara and the embodiment of Blanford relied upon above fails to teach wherein the guide handles are spaced apart from the one or more arcs on the display.
However, in a separate embodiment of Blanford (as can be seen in fig. 9), Blanford teaches, in FIG. 9, a state of one instance of the arc tool 400 after a symmetrical radial dimension changing mode associated with the third type of editing handles 424-424''' has been activated, e.g., after a symmetrical radial dimension changing mode symbol cursor 492 is displayed ([0062]). Blanford further teaches wherein the guide handles are spaced apart from the one or more arcs on the display ([0063] discloses that In various embodiments, if the user hovered the default cursor over the editing handle 424'' instead of the editing handle 424', the mode symbol cursor 492 would be displayed proximate to that editing handle, and dragging that instance of the mode symbol cursor 492 along the direction indicated by the arrow 911', would also have the effect illustrated in FIG. 9, and so on for the editing handles 424 and 424'''. That is, the cursor 492 is provided spaced apart from the arc tool 400).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen, wherein the guide handles are spaced apart from the one or more arcs on the display, as taught by Blanford, for improving region of interest selection and manipulation and hence allowing efficient, intuitive, and flexible use of graphical user interface tools ([0005]-[0006]), with a reasonable expectation of success, as modified Iverson strives to provide graphical tools that makes it easier for undertaking various tasks during a surgical procedure ([0010]-[0011]).
Regarding claim 3, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 1 above.
Iversen further teaches wherein the processor is configured to provide user controls ([0038] states that “FIG. 5 shows a display of the X-ray with superimposed auxiliary lines adjusted and positioned correctly on the X-ray. This positioning may be done manually by operating the keyboard or mouse, e.g. by 15 depressing and holding the respective mouse buttons when the mouse arrow is located over circle 13 and dragging the circle 13 over the head of the prosthesis, or by the operator positioning the mouse arrow at the center of the head of the prosthesis and clicking on the left mouse button and positioning the mouse arrow on the outer edge of the circular head of the prosthesis and clicking on the right mouse button, whereupon the diameter of the circle 13 is reduced or increased, whereby correction is made for the degree of magnification on the X-ray film”. This description indicates that the system includes user controls with which the operator manipulates and interacts with features on the display).
Iversen does not teach displaying a slider control to facilitate size modification of the one or more arcs.
However, within the same field of endeavor, Kawahara teaches an information processing apparatus including a display control unit for causing a display unit to display a reference circle arranged at a prescribed position and to display a moving graphic to be movable in accordance with a move command from an operation unit (abstract), displaying a slider control (102Q of figs. 1-2 and [0106]), that is configured to facilitate size modification of the one or more arcs ([0106] indicates a change in the radius of the moving circle. This change in radius facilitates a change in the size of the circle. That is, as the radius is reduced or increased the circumference of the circle will get smaller or larger, respectively, hence effecting a change in size of the circle and an arc of the circle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen, to display a slider control to facilitate size modification of the positioning arcs, as taught by Kawahara, for facilitating user's input of the range of various parameters and a technique for facilitating user's intuitive grasp of the size, the position and the like of the numerical range of a displayed object ([0003]-[0004]). That is, the above modification would improve the user’s manipulation on the display of modified Iversen’s superimposed lines in the anteversion determination.
Regarding claim 4, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 3 above.
Iversen further teaches wherein the processor is further configured to contemporaneously update the anteversion information for the acetabular component in response to the size modification of a template cup ([0039] states that “The auxiliary circle (the ellipse) 10 is then brought to coincide with the marker 3 (compare with FIG. 4, which is an X-ray of an inserted prosthesis). This is done by the operator adjusting the angles indicated on the display for cup inclination (inclination of the ellipse relative to the horizontal plane 10) and anteversion/retroversion (the degree of opening of the ellipse). The auxiliary line 11 is brought to coincide with the marker parts 4 and 2 by adjusting the apex of the cup (anterior posterior). The auxiliary lines 12 are then brought to run approximately vertically through the markers 8 and 8' by adjusting the angles of stem varus, stem extension and stem anteversion (retroversion)”).
Regarding claim 10, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 1 above.
Iversen further teaches wherein the acetabular component comprises one of a standard acetabular cup, or a reamer, or a trial acetabular cup (see figs. 4 and reproduced fig. 5 below for the prosthesis cup. Also see abstract and [0003] disclosing a standard acetabular cup).
Regarding claim 11, Iversen teaches a processor-implemented method to provide intraoperative analysis related to an acetabular component (a method and device for providing information after insertion of a prosthesis in a hip joint comprising prosthesis stem, and a prosthesis cup and based on this information the position of the components of a hip prosthesis is provided. The prosthesis stem and the prosthesis cup or the part of the body in which the prosthesis is provided can include markers that can be shown on an X-ray picture (see abstract)), the method comprising:
obtaining an X-ray image of a surgical site of a patient with the acetabular component installed (see fig. 4 and reproduced fig. 5 below depicting an X-ray image with an acetabular cup installed. [0024] states that “FIG. 4 shows an X-ray of a hip joint with an inserted prosthesis, indicating the markers 2, 3, 4 of the cup.”).
automatically recognizing a location of an acetabular component represented in the X-ray image ([0035] states that “Based on the X-ray with the markers, the surgeon is therefore able, through manual measurement of the distances and angles, to make a statement regarding the position of the prosthesis. However, such a manual measurement is burdened with potential flaws and a not insignificant measuring uncertainty. Thus an automatic or partly automatic interpretation of the X-ray is desirable. This may be provided through a computer program that superimposes auxiliary lines 10, 11, 12 (the display in FIG. 5) on the X-ray, which are guided over the respective markers, either manually by an operator for the computer processing equipment or automatically, by identification of the pixel value of the markers, and impose themselves over the markers”. The automatic interpretation of the X-ray to determine position of the prostheses means that a cup position is automatically identified);
superimposing one or more arcs on the X-ray image at the location of the acetabular component using a display ([0035] states “This may be provided through a computer program that superimposes auxiliary lines 10, 11, 12 (the display in FIG. 5) on the X-ray, which are guided over the respective markers, either manually by an operator for the computer processing equipment or automatically, by identification of the pixel value of the markers, and impose themselves over the markers”. Of note, the markers are required on, or in a known relation to the cup according to [0022]-[0023]. [0035] and [0038] describe a display, with claim 2 reciting a screen of a display unit);
providing user controls using the display (see reproduced fig. 5 below), wherein the user controls are selectively operable to provide user input indicative of (i) a desired modification of the location of the one or more arcs, (ii) a desired modification of a size of the one or more arcs, and (iii) a desired modification of a shape of the one or more arcs ([0038] states that “FIG. 5 shows a display of the X-ray with superimposed auxiliary lines adjusted and positioned correctly on the X-ray. This positioning may be done manually by operating the keyboard or mouse, e.g. by 15 depressing and holding the respective mouse buttons when the mouse arrow is located over circle 13 and dragging the circle 13 over the head of the prosthesis, or by the operator positioning the mouse arrow at the center of the head of the prosthesis and clicking on the left mouse button and positioning the mouse arrow on the outer edge of the circular head of the prosthesis and clicking on the right mouse button, whereupon the diameter of the circle 13 is reduced or increased, whereby correction is made for the degree of magnification on the X-ray film”. This description indicates that the system includes user controls with which the operator manipulates and interacts with features on the display. [0035] and [0038] describe a display, with claim 2 reciting a screen of a display unit);
modifying at least one of (i) the location, (ii) the size, or (ii) the shape of the one or more arcs in response to provision of the user input and as a function of the user input to position the one or more arcs over a bottom of the acetabular component shown in the X-ray image ([0039] states that “The auxiliary circle (the ellipse) 10 is then brought to coincide with the marker 3 (compare with FIG. 4, which is an X-ray of an inserted prosthesis). This is done by the operator adjusting the angles indicated on the display for cup inclination (inclination of the ellipse relative to the horizontal plane 10) and anteversion/retroversion (the degree of opening of the ellipse). The auxiliary line 11 is brought to coincide with the marker parts 4 and 2 by adjusting the apex of the cup (anterior posterior). The auxiliary lines 12 are then brought to run approximately vertically through the markers 8 and 8' by adjusting the angles of stem varus, stem extension and stem anteversion (retroversion)”. In the adjustments described in [0038]-[0039], at least a shape and a location of the auxiliary lines 10, 11, and 12 in fig. 5 are modified); and
determining anteversion information for the acetabular component in response to provision of the user input and as a function of based on the modified location, size, or shape of the one or more arcs, wherein the modified location, size, or shape of the one or more arcs is modified as a function of the user input ([0035] states that “When the auxiliary lines have been arranged over the respective markers, a calculating unit in the image processing unit will calculate the angles on the basis of trigonometric principles, determining the number of degrees of anteversion or retroversion”).
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Iverson fails to teach wherein providing the user controls comprises displaying a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs.
However, within the same field of endeavor, Kawahara teaches an information processing apparatus including a display control unit for causing a display unit to display a reference circle arranged at a prescribed position and to display a moving graphic to be movable in accordance with a move command from an operation unit (abstract), wherein the processor (processor 105a of [0106]) is configured to provide the user controls by displaying a slider control on the display (102Q of figs. 1-2 and [0106]) having a slider movable along a slider range (the slider 102Q is movable along the scale 102P) to modify a shape of the one or more arcs ([0061] The information processing system obtains the parameter range corresponding to a portion of the circumference of reference circle 102S located within moving circle 102A. In other words, the user can change the range of the circumference of reference circle 102S located within moving circle 102A, by shifting moving circle 102A. As a result, the user can readily change the parameter range. [0062] In particular, in the information processing system according to the present embodiment, the user can change the parameter range (width) by shifting moving circle 102A in the radial direction of reference circle 102S while changing the position of the parameter range by shifting moving circle 102A in the circumferential direction of reference circle 102S. [0063] In this manner, the user can select the desired date and period (such as the number of days) simultaneously and intuitively with one drag and drop operation, for example. Such parameter range changes are illustrated by figs. 6, 12 and 13 where fig. 6 shows how the range is calculated, fig. 12 shows a wide range and fig. 13 shows a narrow range of the circumference of the reference circle 102S. [0106] also indicates a change in the radius of the moving circle, which comprises a plurality of arcs along its circumference. This change in radius facilitates a change in the size of the circle. That is, as the radius is reduced or increased the circumference of the circle will get smaller or larger, respectively, hence effecting a change in size of the circle and an arc of the circle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Iversen, wherein the processor is configured to provide the user controls by displaying a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs, as taught by Kawahara, for facilitating user's input of the range of various parameters and a technique for facilitating user's intuitive grasp of the size, the position and the like of the numerical range of a displayed object ([0003]-[0004]), with a reasonable expectation of success, as Iverson strives to provide graphical tools that makes it easier for undertaking various tasks during a surgical procedure ([0010]-[0011]).
Iverson in view of Kawahara fails to teach such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image.
However, within the same field of endeavor, Blanford teaches an arc tool user interface for efficiently defining an arc tool region of interest (abstract) such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image ([0058] discloses a curvature-changing mode symbol cursor 491 as part of the arc tool 400 to effect a change in the curvature. [0058] describes this “curvature-changing mode” as increasing or decreasing of the nominal radius of curvature of the outer radius 410, “then the nominal radius of curvature of the outer radius 410 out and inner radius 410 in would mutually increase, as generally shown in FIG. 8A”. Figs. 8A-8C are taught to represent limiting states of various allowed geometry changes for the curvature-changing mode of the arc tool 400. [0059] describes a limiting state of the arc tool 400 as the curvature-changing mode symbol cursor 491 is moved radially inward, along a direction approximately indicated by the arrow 811, causing the nominal radius of curvature of the outer radius 410out and inner radius 410in to mutually increase, and [0060] describes two limiting states of the arc tool 400 as the curvature-changing mode symbol cursor 491 is moved radially outward, along a direction approximately indicated by the arrow 811', causing the nominal radius of curvature of the outer radius 410out and inner radius 410in to mutually decrease. with a maximum allowed difference between the stop angle 812' and the start angle 813' of the arc tool 400 that may be set using the curvature-changing mode symbol cursor 491 is approximately 180 degrees, and the minimum allowed radius of curvature of the inner radius 410in is zero units).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen, such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image, as taught by Blanford, for improving region of interest selection and manipulation and hence allowing efficient, intuitive, and flexible use of graphical user interface tools ([0005]-[0006]), with a reasonable expectation of success, as modified Iverson strives to provide graphical tools that makes it easier for undertaking various tasks during a surgical procedure ([0010]-[0011]).
Regarding claim 12, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 11 above.
Iverson further teaches wherein providing the user controls comprises displaying guide handles that are configured to facilitate position adjustment of the one or more arcs ([0035] states, with respect to the superimposing of the auxiliary lines 10, 11, and 12, that “This may be provided through a computer program that superimposes auxiliary lines 10, 11, 12 (the display in FIG. 5) on the X-ray, which are guided over the respective markers, either manually by an operator for the computer processing equipment or automatically, by identification of the pixel value of the markers, and impose themselves over the markers” so at least a portion of the displayed lines themselves serve as a guide handle in the mouse and keyboard dragging, adjusting, and positioning actions described in [0038]).
Iverson in view of Kawahara and the embodiment of Blanford relied upon above fails to teach wherein the guide handles are spaced apart from the one or more arcs on the display.
However, in a separate embodiment of Blanford (as can be seen in fig. 9), Blanford teaches, in FIG. 9, a state of one instance of the arc tool 400 after a symmetrical radial dimension changing mode associated with the third type of editing handles 424-424''' has been activated, e.g., after a symmetrical radial dimension changing mode symbol cursor 492 is displayed ([0062]). Blanford further teaches wherein the guide handles are spaced apart from the one or more arcs on the display ([0063] discloses that In various embodiments, if the user hovered the default cursor over the editing handle 424'' instead of the editing handle 424', the mode symbol cursor 492 would be displayed proximate to that editing handle, and dragging that instance of the mode symbol cursor 492 along the direction indicated by the arrow 911', would also have the effect illustrated in FIG. 9, and so on for the editing handles 424 and 424'''. That is, the cursor 492 is provided spaced apart from the arc tool 400).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen, wherein the guide handles are spaced apart from the one or more arcs on the display, as taught by Blanford, for improving region of interest selection and manipulation and hence allowing efficient, intuitive, and flexible use of graphical user interface tools ([0005]-[0006]), with a reasonable expectation of success, as modified Iverson strives to provide graphical tools that makes it easier for undertaking various tasks during a surgical procedure ([0010]-[0011]).
Regarding claim 13, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 11 above.
Iversen teaches providing user controls ([0038] states that “FIG. 5 shows a display of the X-ray with superimposed auxiliary lines adjusted and positioned correctly on the X-ray. This positioning may be done manually by operating the keyboard or mouse, e.g. by 15 depressing and holding the respective mouse buttons when the mouse arrow is located over circle 13 and dragging the circle 13 over the head of the prosthesis, or by the operator positioning the mouse arrow at the center of the head of the prosthesis and clicking on the left mouse button and positioning the mouse arrow on the outer edge of the circular head of the prosthesis and clicking on the right mouse button, whereupon the diameter of the circle 13 is reduced or increased, whereby correction is made for the degree of magnification on the X-ray film”. This description indicates that the system includes user controls with which the operator manipulates and interacts with features on the display) but does not teach wherein providing the user controls comprise displaying a slider control that is configured to facilitate size modification of the one or more arcs.
However, Kawahara teaches an information processing apparatus including a display control unit for causing a display unit to display a reference circle arranged at a prescribed position and to display a moving graphic to be movable in accordance with a move command from an operation unit (abstract), including a displayed slider control (102Q of figs. 1-2 and paragraph 106), wherein providing the user controls comprise displaying a slider control that is configured to facilitate size modification of the one or more arcs (paragraph 106 indicates a change in the radius of the moving circle. This change in radius facilitates a change in the size of the circle. That is, as the radius is reduced or increased the circumference of the circle will get smaller or larger, respectively, hence effecting a change in size of the circle and an arc of the circle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen for displaying a slider control that is configured to facilitate size modification of the one or more arcs, as taught by Kawahara, for facilitating user's input of the range of various parameters and a technique for facilitating user's intuitive grasp of the size, the position and the like of the numerical range of a displayed object ([0003]-[0004]).
Regarding claim 14, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 13 above.
Iversen further teaches wherein the processor is further configured to contemporaneously update the anteversion information for the acetabular component in response to the size modification the one or more arcs ([0039] states that “The auxiliary circle (the ellipse) 10 is then brought to coincide with the marker 3 (compare with FIG. 4, which is an X-ray of an inserted prosthesis). This is done by the operator adjusting the angles indicated on the display for cup inclination (inclination of the ellipse relative to the horizontal plane 10) and anteversion/retroversion (the degree of opening of the ellipse). The auxiliary line 11 is brought to coincide with the marker parts 4 and 2 by adjusting the apex of the cup (anterior posterior). The auxiliary lines 12 are then brought to run approximately vertically through the markers 8 and 8' by adjusting the angles of stem varus, stem extension and stem anteversion (retroversion)”).
Regarding claim 18, Iversen teaches a non-transitory computer-readable medium comprising executable instructions to provide intraoperative analysis related to an acetabular component ([0037] discloses an image processing program, associated with the image processing unit of [0036], for performing various functions) by configuring a processor to:
obtain an X-ray image of a surgical site of a patient with the acetabular component installed (see fig. 4 and reproduced fig. 5 below depicting an X-ray image with an acetabular cup installed. [0024] states that “FIG. 4 shows an X-ray of a hip joint with an inserted prosthesis, indicating the markers 2, 3, 4 of the cup.”).
automatically recognize a location of an acetabular component represented in the X-ray image ([0035] states that “Based on the X-ray with the markers, the surgeon is therefore able, through manual measurement of the distances and angles, to make a statement regarding the position of the prosthesis. However, such a manual measurement is burdened with potential flaws and a not insignificant measuring uncertainty. Thus an automatic or partly automatic interpretation of the X-ray is desirable. This may be provided through a computer program that superimposes auxiliary lines 10, 11, 12 (the display in FIG. 5) on the X-ray, which are guided over the respective markers, either manually by an operator for the computer processing equipment or automatically, by identification of the pixel value of the markers, and impose themselves over the markers”. The automatic interpretation of the X-ray to determine position of the prostheses means that a cup position is automatically identified);
superimpose one or more arcs on the X-ray image at the location of the acetabular component using a display ([0035] states “This may be provided through a computer program that superimposes auxiliary lines 10, 11, 12 (the display in FIG. 5) on the X-ray, which are guided over the respective markers, either manually by an operator for the computer processing equipment or automatically, by identification of the pixel value of the markers, and impose themselves over the markers”. Of note, the markers are required on, or in a known relation to the cup according to [0022]-[0023]);
provide user controls for positioning the one or more arcs over a bottom of the acetabular component shown in the X-ray image using the display; ([0038] states that “FIG. 5 shows a display of the X-ray with superimposed auxiliary lines adjusted and positioned correctly on the X-ray. This positioning may be done manually by operating the keyboard or mouse, e.g. by 15 depressing and holding the respective mouse buttons when the mouse arrow is located over circle 13 and dragging the circle 13 over the head of the prosthesis, or by the operator positioning the mouse arrow at the center of the head of the prosthesis and clicking on the left mouse button and positioning the mouse arrow on the outer edge of the circular head of the prosthesis and clicking on the right mouse button, whereupon the diameter of the circle 13 is reduced or increased, whereby correction is made for the degree of magnification on the X-ray film”. This description indicates that the system includes user controls with which the operator manipulates and interacts with features on the display);and
determine anteversion information for the acetabular component based on the positioning of the one or more arcs in response to positioning the one or more arcs with the user controls ([0035] states that “When the auxiliary lines have been arranged over the respective markers, a calculating unit in the image processing unit will calculate the angles on the basis of trigonometric principles, determining the number of degrees of anteversion or retroversion”. The anteversion and retroversion are calculated based on auxiliary lines and circle according to [0038]-[0039]).
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Iverson fails to teach wherein to provide the user controls comprises to display a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs.
However, within the same field of endeavor, Kawahara teaches an information processing apparatus including a display control unit for causing a display unit to display a reference circle arranged at a prescribed position and to display a moving graphic to be movable in accordance with a move command from an operation unit (abstract), wherein to provide the user controls comprises to display a slider control on the display (102Q of figs. 1-2 and [0106]) having a slider movable along a slider range (the slider 102Q is movable along the scale 102P) to modify a shape of the one or more arcs ([0061] The information processing system obtains the parameter range corresponding to a portion of the circumference of reference circle 102S located within moving circle 102A. In other words, the user can change the range of the circumference of reference circle 102S located within moving circle 102A, by shifting moving circle 102A. As a result, the user can readily change the parameter range. [0062] In particular, in the information processing system according to the present embodiment, the user can change the parameter range (width) by shifting moving circle 102A in the radial direction of reference circle 102S while changing the position of the parameter range by shifting moving circle 102A in the circumferential direction of reference circle 102S. [0063] In this manner, the user can select the desired date and period (such as the number of days) simultaneously and intuitively with one drag and drop operation, for example. Such parameter range changes are illustrated by figs. 6, 12 and 13 where fig. 6 shows how the range is calculated, fig. 12 shows a wide range and fig. 13 shows a narrow range of the circumference of the reference circle 102S. [0106] also indicates a change in the radius of the moving circle, which comprises a plurality of arcs along its circumference. This change in radius facilitates a change in the size of the circle. That is, as the radius is reduced or increased the circumference of the circle will get smaller or larger, respectively, hence effecting a change in size of the circle and an arc of the circle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Iversen, wherein to provide the user controls comprises to display a slider control on the display having a slider movable along a slider range to modify a shape of the one or more arcs, as taught by Kawahara, for facilitating user's input of the range of various parameters and a technique for facilitating user's intuitive grasp of the size, the position and the like of the numerical range of a displayed object ([0003]-[0004]), with a reasonable expectation of success, as Iverson strives to provide graphical tools that makes it easier for undertaking various tasks during a surgical procedure ([0010]-[0011]).
Iverson in view of Kawahara fails to teach such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image.
However, within the same field of endeavor, Blanford teaches an arc tool user interface for efficiently defining an arc tool region of interest (abstract) such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image ([0058] discloses a curvature-changing mode symbol cursor 491 as part of the arc tool 400 to effect a change in the curvature. [0058] describes this “curvature-changing mode” as increasing or decreasing of the nominal radius of curvature of the outer radius 410, “then the nominal radius of curvature of the outer radius 410 out and inner radius 410 in would mutually increase, as generally shown in FIG. 8A”. Figs. 8A-8C are taught to represent limiting states of various allowed geometry changes for the curvature-changing mode of the arc tool 400. [0059] describes a limiting state of the arc tool 400 as the curvature-changing mode symbol cursor 491 is moved radially inward, along a direction approximately indicated by the arrow 811, causing the nominal radius of curvature of the outer radius 410out and inner radius 410in to mutually increase, and [0060] describes two limiting states of the arc tool 400 as the curvature-changing mode symbol cursor 491 is moved radially outward, along a direction approximately indicated by the arrow 811', causing the nominal radius of curvature of the outer radius 410out and inner radius 410in to mutually decrease, with a maximum allowed difference between the stop angle 812' and the start angle 813' of the arc tool 400 that may be set using the curvature-changing mode symbol cursor 491 is approximately 180 degrees, and the minimum allowed radius of curvature of the inner radius 410in is zero units).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen, such that (i) with the slider at one end of the slider range, the one or more arcs overlay a line segment on the display, and (ii) with the slider at another end of the slider range, the one or more arcs at least partially overlay a hemispherical surface of the acetabular component in the X-ray image, as taught by Blanford, for improving region of interest selection and manipulation and hence allowing efficient, intuitive, and flexible use of graphical user interface tools ([0005]-[0006]), with a reasonable expectation of success, as modified Iverson strives to provide graphical tools that makes it easier for undertaking various tasks during a surgical procedure ([0010]-[0011]).
Regarding claim 19, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 18 above.
Iversen further teaches wherein the executable instructions configure the processor to provide user controls ([0038] states that “FIG. 5 shows a display of the X-ray with superimposed auxiliary lines adjusted and positioned correctly on the X-ray. This positioning may be done manually by operating the keyboard or mouse, e.g. by 15 depressing and holding the respective mouse buttons when the mouse arrow is located over circle 13 and dragging the circle 13 over the head of the prosthesis, or by the operator positioning the mouse arrow at the center of the head of the prosthesis and clicking on the left mouse button and positioning the mouse arrow on the outer edge of the circular head of the prosthesis and clicking on the right mouse button, whereupon the diameter of the circle 13 is reduced or increased, whereby correction is made for the degree of magnification on the X-ray film”. This description indicates that the system includes user controls with which the operator manipulates and interacts with features on the display).
Iversen does not teach displaying a slider control that is configured to facilitate size modification of the one or more arcs.
However, Kawahara teaches an information processing apparatus including a display control unit for causing a display unit to display a reference circle arranged at a prescribed position and to display a moving graphic to be movable in accordance with a move command from an operation unit (abstract), including a displayed slider control (102Q of figs. 1-2 and [0106]), where the slider control is taught to facilitate size modification of the positioning arcs ([0106] indicates a change in the radius of the moving circle. This change in radius facilitates a change in the size of the circle. That is, as the radius is reduced or increased the circumference of the circle will get smaller or larger, respectively, hence effecting a change in size of the circle and an arc of the circle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Iversen to display a slider control to facilitate size modification of the positioning arcs, as taught by Kawahara, for facilitating user's input of the range of various parameters and a technique for facilitating user's intuitive grasp of the size, the position and the like of the numerical range of a displayed object ([0003]-[0004]).
Regarding claim 20, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 19 above.
Iversen further teaches wherein the executable instructions further configure the processor to contemporaneously update the anteversion information for the acetabular component in response to the size modification of the one or more arcs ([0039] states that “The auxiliary circle (the ellipse) 10 is then brought to coincide with the marker 3 (compare with FIG. 4, which is an X-ray of an inserted prosthesis). This is done by the operator adjusting the angles indicated on the display for cup inclination (inclination of the ellipse relative to the horizontal plane 10) and anteversion/retroversion (the degree of opening of the ellipse). The auxiliary line 11 is brought to coincide with the marker parts 4 and 2 by adjusting the apex of the cup (anterior posterior). The auxiliary lines 12 are then brought to run approximately vertically through the markers 8 and 8' by adjusting the angles of stem varus, stem extension and stem anteversion (retroversion)”).
Claims 5, 7-9, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Iversen, B.F., US 20040117028 A1 in view of in view of Kawahara, et al., US 20110012905 A1 and Blanford, et al., US 20080101682 A1, as applied to claim 1 above, and further in view of Penenberg, et al., US 20140378828 A1.
Regarding claim 5, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 1 above.
Iversen in view of Kawahara and Blanford fails to teach wherein the processor is further configured to determine an abduction angle, wherein the abduction angle is formed at the intersection of a neutral axis line and an abduction line superimposed on the X-ray image.
However, within the same field of endeavor, Penenberg teaches a surgical workflow that allows radiographic images, such as X-rays or CT scans, to be acquired and displayed in digital form on a host computer for immediate review during a surgical procedure ([0019]) to implant an acetabular cup ([0032]), wherein the processor ([0080] discloses a processor of the computer 900) is further configured to determine an abduction angle, wherein the abduction angle is formed at the intersection of a neutral axis line and an abduction line superimposed on the X-ray image ([0032] indicates determination of an abduction angle, stating that “Once the radiographic image 500 is properly oriented, the anatomical structures shown in the image 500 can be marked with markings, such as symbols, annotations, measurements, and the like, and any combination thereof… There may be an acetabulum section 750 to determine whether the acetabular abduction angle and anteversion are within acceptable ranges”. Also see [0055] which states that “The surgeon may create an angle by selecting an angle icon 752 from the surgeon's checklist in the tools window 704. The angle 753 will refer to the teardrop line 717 or the trans-ischial line 715, which was created before the angle 753, so the base of the angle 754 will be automatically created parallel to the teardrop line 717 and/or the trans-ischial line 715. The angle 753 may be used to measure the acetabular abduction angle. Since the desired acetabular abduction angle is generally known, the angle may start out at 45 degrees, for example. The surgeon can then place the angle 753 adjacent to the acetabular component to measure the acetabular abduction angle”. Fig. 7C shows the angle 753. The trans-ischial line 715 is tantamount to the claimed neutral axis line as can best seen in fig. 7A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen wherein the processor is further configured to determine an abduction angle, wherein the abduction angle is formed at the intersection of a neutral axis line and an abduction line superimposed on the X-ray image, as taught by Penenberg, to improve the efficiency, precision, and effectiveness of a surgical procedure, such as total hip arthroplasty ([0005]), with a reasonable expectation of success, as modified Iversen also strives to improve the efficiency and accuracy of the surgical procedure while fostering favorable patient outcomes ([0035]).
Regarding claim 6, Iversen in view of Kawahara, Blanford, and Penenberg teaches all the limitations of claim 5 above.
Iversen in view of Kawahara and Blanford does not teach wherein (i) with the slider at the one end of the slider range, the one or more arcs overlay the abduction line.
However, Penenberg further teaches wherein (i) with the slider at one end of the slider range, the one or more arcs overlay the abduction line ([0029] discloses a QC image button 600, actuation of which opens an image QC window 602 providing a number of features to improve the quality and layout of the radiographic image 500 acquired. For example, the image QC window 602 may provide features to orient the image 604, add markings 606 to the image, annotate the image 607, change the image dimensions and take measurements or sizing on the image 608, change the appearance of the image 610, and the like. [0060] describes a cup inclination measured based on a high ratio (when the arc is close in curvature to a circle) and low (more oval). [0055] describes creating and superimposing an angle 753 on the line 717 to measure the abduction angle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen which includes Kawahara’s slider and Blanford’s minimum and maximum ranges, wherein (i) with the slider at the one end of the slider range, the one or more arcs overlay the abduction line, as taught by Penenberg, to improve the efficiency, precision, and effectiveness of a surgical procedure, such as total hip arthroplasty ([0005]), with a reasonable expectation of success, as modified Iversen also strives to improve the efficiency and accuracy of the surgical procedure while fostering favorable patient outcomes ([0035]).
Regarding claim 7, Iversen in view of Kawahara, Blanford, and Penenberg teaches all the limitations of claim 5 above.
Iversen does not teach wherein to determine the abduction angle, the processor is configured to determine a left ischial tuberosity and a right ischial tuberosity in the image.
However, Penenberg teaches further teaches wherein to determine the abduction angle, the processor is configured to determine a left ischial tuberosity and a right ischial tuberosity in the image (a trans-ischial line 715, is determined in the images and used as reference for angular measurements, with [0044] stating that “when the surgeon has completed measuring the acetabular abduction angle, the screen may automatically clear or allow for a manual clear screen of all lines and annotations pertaining the measuring of the acetabular abduction angle”, in reference to the use of the trans-ischial line 715 in the abduction angle determination. In fig. 7A, the trans-ischial line 715, used in calculating the abduction angle (see rejection of claim 5 above), lies on both the left and right ischial tuberosities).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen, wherein to determine the abduction angle, the processor is configured to determine a left ischial tuberosity and a right ischial tuberosity in the image, as taught by Penenberg, to improve the efficiency, precision, and effectiveness of a surgical procedure, such as total hip arthroplasty ([0005]), with a reasonable expectation of success, as Iversen also strives to improve the efficiency and accuracy of the surgical procedure while foster favorable patient outcomes ([0035]).
Regarding claim 8, Iversen in view of Kawahara, Blanford, and Penenberg teaches all the limitations of claim 7 above.
Iversen in view of Kawahara and Blanford does not teach wherein the neutral axis line touches a left ischial tuberosity and a right ischial tuberosity in the image.
However, Penenberg further teaches wherein the neutral axis line touches a left ischial tuberosity and a right ischial tuberosity in the image (see fig. 7A and [0043] where the line 715 touches the left and right ischial tuberosities).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen wherein the neutral axis line touches a left ischial tuberosity and a right ischial tuberosity in the image, as taught by Penenberg, to improve the efficiency, precision, and effectiveness of a surgical procedure, such as total hip arthroplasty ([0005]), with a reasonable expectation of success, as Iversen also strives to improve the efficiency and accuracy of the surgical procedure while foster favorable patient outcomes ([0035]).
Regarding claim 9, Iversen in view of Kawahara, Blanford, and Penenberg teaches all the limitations of claim 5 above.
Iversen in view of Kawahara and Blanford fails to teach wherein the abduction line runs along the acetabular component bottom in the image.
Penenberg further teaches wherein the abduction line runs along the acetabular component bottom in the image ([0055] and fig. 7C show that the abduction angle 754 runs along the base of the cup in the image).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen, wherein the abduction line runs along the acetabular component bottom in the image, as taught by Penenberg, to improve the efficiency, precision, and effectiveness of a surgical procedure, such as total hip arthroplasty ([0005]), with a reasonable expectation of success, as Iversen also strives to improve the efficiency and accuracy of the surgical procedure while foster favorable patient outcomes ([0035]).
Regarding claim 15, Iversen in view of Kawahara and Blanford teaches all the limitations of claim 11 above.
Iversen in view of Kawahara and Blanford fails to teach determining an abduction angle, wherein the abduction angle is formed at the intersection of a neutral axis line and an abduction line superimposed on the X-ray image.
However, within the same field of endeavor, Penenberg teaches a surgical workflow that allows radiographic images, such as X-rays or CT scans, to be acquired and displayed in digital form on a host computer for immediate review during a surgical procedure ([0019]) to implant an acetabular cup ([0032]), including determining an abduction angle, wherein the abduction angle is formed at the intersection of a neutral axis line and an abduction line superimposed on the X-ray image ([0032] indicates determination of an abduction angle, stating that “Once the radiographic image 500 is properly oriented, the anatomical structures shown in the image 500 can be marked with markings, such as symbols, annotations, measurements, and the like, and any combination thereof… There may be an acetabulum section 750 to determine whether the acetabular abduction angle and anteversion are within acceptable ranges”. Also see [0055] which states that “The surgeon may create an angle by selecting an angle icon 752 from the surgeon's checklist in the tools window 704. The angle 753 will refer to the teardrop line 717 or the trans-ischial line 715, which was created before the angle 753, so the base of the angle 754 will be automatically created parallel to the teardrop line 717 and/or the trans-ischial line 715. The angle 753 may be used to measure the acetabular abduction angle. Since the desired acetabular abduction angle is generally known, the angle may start out at 45 degrees, for example. The surgeon can then place the angle 753 adjacent to the acetabular component to measure the acetabular abduction angle”. Fig. 7C shows the angle 753. The trans-ischial line 715 is tantamount to the claimed neutral axis line as can best seen in fig. 7A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen for determining an abduction angle, wherein the abduction angle is formed at the intersection of a neutral axis line and an abduction line superimposed on the X-ray image, as taught by Penenberg, to improve the efficiency, precision, and effectiveness of a surgical procedure, such as total hip arthroplasty ([0005]), with a reasonable expectation of success, as Iversen also strives to improve the efficiency and accuracy of the surgical procedure while foster favorable patient outcomes ([0035]).
Regarding claim 16, Iversen in view of Kawahara, Blanford, and Penenberg teaches all the limitations of claim 15.
Iversen in view of Kawahara and Blanford does not teach wherein (i) with the slider at one end of the slider range, the one or more arcs overlay the abduction line.
However, Penenberg further teaches wherein (i) with the slider at one end of the slider range, the one or more arcs overlay the abduction line ([0029] discloses a QC image button 600, actuation of which opens an image QC window 602 providing a number of features to improve the quality and layout of the radiographic image 500 acquired. For example, the image QC window 602 may provide features to orient the image 604, add markings 606 to the image, annotate the image 607, change the image dimensions and take measurements or sizing on the image 608, change the appearance of the image 610, and the like. [0060] describes a cup inclination measured based on a high ratio (when the arc is close in curvature to a circle) and low (more oval). [0055] describes creating and superimposing an angle 753 on the line 717 to measure the abduction angle).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure modified Iversen which includes Kawahara’s slider and Blanford’s minimum and maximum ranges, wherein (i) with the slider at one end of the slider range, the one or more arcs overlay the abduction line, as taught by Penenberg, to improve the efficiency, precision, and effectiveness of a surgical procedure, such as total hip arthroplasty ([0005]), with a reasonable expectation of success, as modified Iversen also strives to improve the efficiency and accuracy of the surgical procedure while fostering favorable patient outcomes ([0035]).
Regarding claim 17, Iversen in view of Kawahara, Blanford, and Penenberg teaches all the limitations of claim 15.
Iversen in view of Kawahara and Blanford does not teach wherein determining the abduction angle comprises determining a left ischial tuberosity and a right ischial tuberosity in the image, wherein the neutral axis line touches the left ischial tuberosity and the right ischial tuberosity.
However, Penenberg further teaches wherein determining the abduction angle comprises determining a left ischial tuberosity and a right ischial tuberosity in the image, wherein the neutral axis line touches the left ischial tuberosity and the right ischial tuberosity (a trans-ischial line 715, is determined in the images and used as reference for angular measurements, with [0044] stating that “when the surgeon has completed measuring the acetabular abduction angle, the screen may automatically clear or allow for a manual clear screen of all lines and annotations pertaining the measuring of the acetabular abduction angle”, in reference to the use of the trans-ischial line 715 in the abduction angle determination).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Iversen wherein to determine the abduction angle, the processor is configured to determine a left ischial tuberosity and a right ischial tuberosity in the image, as taught by Penenberg, to improve the efficiency, precision, and effectiveness of a surgical procedure, such as total hip arthroplasty ([0005]), with a reasonable expectation of success, as modified Iversen also strives to improve the efficiency and accuracy of the surgical procedure while foster favorable patient outcomes ([0035]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
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