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
1. Applicant’s arguments, filed 03/04/2026, with respect to the rejection(s) of claim(s) 1-19 under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yu (US 20180082421 A1).
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.
2. Claim(s) 1-4, 6-7, 10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elmouelhi (US 20080312497 A1) in view of Belson (US 20170027419 A1) and in further view of Yu (US 20180082421 A1).
In regards to claim 1, Elmouelhi discloses a system for providing treatment information to a user during a minimally invasive prostate procedure to treat benign prostatic hyperplasia (Par. 0002-0003 teach a system for treating benign prostate hyperplasia), comprising:
a therapeutic or diagnostic device (Applicant teaches that the delivery device can be a needle or a catheter. Par. 0002-0004 discloses the device can be a catheter.);
an endoscope mated to the device (Par. 0030 discloses an endoscope can be coupled to the device);
an imaging system operatively connected to the endoscope (Par. 0030 teaches the endoscope can have an imaging system/camera); and
a microprocessor and addressable memory operatively connected to an input/output interface, wherein the input/output interface is configured to be connectable with the imaging system (Par. 0036 discloses a microprocessor and memory and Par. 0041 teaches the processor can be used to control the operation);
wherein the microprocessor and addressable memory calculate treatment information identify one or more of a verumontanum or a bladder neck and display the treatment information on the imaging system, wherein the calculating comprises analyzing images captured by the imaging system (Par. 0048 teaches that the system can be used to identify landmarks such as the verumontanum. Par. 0024 teaches a display that can show all of the images captured by the imaging system),
wherein the treatment information comprises one or more of the positions of the images or the identification of the one or more of the verumontanum or the bladder neck (Par. 0048 teaches that the system can be used to identify landmarks such as the verumontanum)..
Elmouelhi does not disclose a trained algorithm to calculate treatment information. However, in the same field of endeavor, Belson teaches a method for using an endoscopic treatment device (Abstract and Par. 0002) wherein a neural network is employed to determine treatment information, such as positioning (Par. 0048 and 0060) in order to have more accurate/streamlined treatment information provided to the system.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Elmouelhi and modified them by using a trained algorithm/neural network, as taught and suggested by Belson, in order to have more accurate/streamlined treatment information provided to the system.
While the combined teachings of Elmouelhi and Belson disclose using an algorithm to determine treatment information from an imaging system, they do not disclose mapping a position of the images from the imaging system to a cylindrical coordinate system defined by an elastic cylinder.
However, in the same field of endeavor, Yu teaches an imaging processing system that can be used in surgical operations to visualize anatomical positions (Abstract and Par. 0003) wherein the system received images and mapping coordinates and then rectifies this imaging into a cylindrical system using algorithms (Par. 0048) in order to better determine key points of the image (Par 0048-0049).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Elmouelhi and Belson and modified them by creating a cylindrical system for the mapping, as taught and suggested by Yu, in order to better determine key points of the image (Par 0048-0049 of Yu).
In regards to claims 2, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, wherein the therapeutic or diagnostic device comprises a needle (Par. 0087 of Belson)
In regards to claim 3, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, wherein the treatment information comprises a distance between an anatomical landmark and a device feature (Par. 0056-0060 of Belson teaches that the controller is configured to control the position of the endoscope in relation to the cavity it is treating and then send an alert if the location of the endoscope is errant; i.e. the endoscope location is viewed relative to the anatomical feature.).
In regards to claim 4, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 3 wherein the anatomical landmark is a bladder opening and the device feature is a needle exit point (Par. 0106 of Belson)
In regards to claims 6 and 7, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, wherein the treatment information further comprises a stage/percentage completion of the procedure (Par. 0070 of Elmouelhi teaches that the completion of the procedure can be determined).
In regards to claim 10, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, wherein the treatment information further comprises a warning of inadvertent anatomical contact by the device (Par. 0056-0060 of Belson teach that an alert can be given by the system if the endoscope location is errant in view of the body cavity.).
In regards to claim 12, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, wherein the algorithm includes one or more of a detection module, a segmentation module, a location measuring module, a speed measuring module, an action detection module, and/or a display module (Par. 0024 and 0030 of Elmouelhi discloses there is a display for displaying things determined by the microprocessor).
In regards to claim 15, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, wherein the one or more of the verumontanum or the bladder neck are anatomical landmark (Par. 0106 of Belson),
and the microprocessor and addressable memory: analyze images captured by the imaging system, by the algorithm, to identify anatomical landmarks, monitor changes in the landmarks responsive to movements of the endoscope or the therapeutic or diagnostic device, and calculate a position of the endoscope or the therapeutic or diagnostic device relative to the anatomical landmarks (Par. 0056-0060 of Belson teaches that the controller is configured to control the position of the endoscope in relation to the cavity it is treating and then send an alert if the location of the endoscope is errant; i.e. the endoscope location is viewed relative to the anatomical feature)
In regards to claim 16, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 15, wherein the microprocessor and addressable memory generate a display of the position at a user interface in operative communication with the system (Par. 0024-0025 of Elmouelhi).
In regards to claim 19, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, wherein the one or more of the verumontanum or the bladder neck are anatomical landmarks, and the microprocessor and addressable memory: analyze images captured by the imaging system, by the algorithm, to identify anatomical landmarks by identifying a general boundary of the anatomical landmarks and segmenting the anatomical landmarks by identifying the specific boundaries of the anatomical landmarks within the general boundaries (Par. 0056-0060 of Belson teaches that the controller is configured to control the position of the endoscope in relation to the cavity it is treating and then send an alert if the location of the endoscope is errant; i.e. if the endoscope is too close or too far, thus making boundaries)
3. Claim(s) 5, 11, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elmouelhi, Belson, and Yu in view of Allen (US 20090024140 A1).
In regards to claims 5, 11, and 17, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, except for wherein the treatment information further comprises a speed measurement of the device and guidance about the device speed. However, in the same field of endeavor, Allen discloses a treatment device that comprises an endoscope (Abstract and Par. 0003) wherein there are algorithms employed to give the user information about the speed of the treatment device (Par. 0021) in order to more effectively aid the user in the procedure.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Elmouelhi, Belson, and Yu and modified them by having the system employ algorithms to give information about the speed of the device, as taught and suggested by Allen, in order to more effectively aid the user in the procedure.
4. Claim(s) 8and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elmouelhi, Belson, and Yu in view of Knowlton (US 20040210214 A1).
In regards to claim 8 and 18, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, except for wherein the treatment information further comprises a degree of tissue compression. However, in the same field of endeavor, Knowlton teaches a catheter/endoscopic tissue treatment system (Abstract and Par. 0106) wherein the system can be used to determine a degree of tissue compression (Par. 0223) in order to prevent or minimize tearing of the skin or control the amount of elastic or plastic deformation of the skin.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Elmouelhi, Belson, and Yu and modified them by having the system measure tissue compression, as taught and suggested by Knowlton, in order to prevent or minimize tearing of the skin or control the amount of elastic or plastic deformation of the skin.
5. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elmouelhi, Belson, and Yu in view of Schmitz (US 20100331883 A1).
In regards to claim 9, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, except for wherein the treatment information further comprises an estimated efficacy of the procedure. However, in the same field of endeavor, Schmitz teaches an endoscopic treatment device (Abstract and Par. 0012) wherein the system can determine the efficacy of the treatment (Par. 1199) in order to tell the user that the treatment has been effective.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings Elmouelhi, Belson, and Yu and modified them by having the system measure efficacy of the treatment, as taught and suggested by Schmitz, in order to tell the user that the treatment has been effective.
6. Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elmouelhi, Belson, and Yu in view of Ma (US 10682108 B1).
In regards to claims 13 and 14, the combined teachings of Elmouelhi, Belson, and Yu disclose the system of claim 1, except for wherein the algorithm is trained using a Direct Sparse Odometry (DSO) algorithm and wherein the algorithm is trained using a Structure From Motion (SFM) algorithm. However, in the same field of endeavor, Ma teaches a treatment and imaging device (Abstract) that can utilize DSO or SFM algorithms (Col 3, lines 39-55 and Co; 4, lines 6-19) since these algorithms are used to refine an neural networks/algorithms for generating improved camera poses.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Elmouelhi, Belson, and Yu and modified them by having the system employ DSO and SFM algorithms, as taught and suggested by Ma, since these algorithms are used to refine a neural networks/algorithms for generating improved camera poses.
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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/S.L.C./Examiner, Art Unit 3792
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796
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