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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/09/2025 has been entered.
Response to Amendment
The amendment filed 09/09/2025 has been entered. Claims 1, 4-5, 8-9, and 11-19 are currently pending in the application and examined below. Claims 2-3, 6-7, and 10 are canceled.
Response to Arguments
Applicant’s arguments, see pages 1-3, filed 09/09/2025, with respect to the pending claims have been fully considered. However, Applicant has amended the independent claims with newly added limitations. Such newly added limitations change the scope of the claims. Therefore, the rejections previously identified in the final office action dated 05/09/2025, have been withdrawn. Thus, a new ground of rejection, necessitated by the amendments, is presented below. Please sections 35 U.S.C. §102 and 35 U.S.C. §103 below for further explanation.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5, 15, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a display” in line 6. However, lines 1-2 of claim 1 also introduces the term “a display.” Therefore it is unclear whether the display in line 6 is in reference to the previously introduced “display” of lines 1-2. It is suggested to amend the limitation to state, “the display.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 5 recites the limitation "the real time images" in line 15. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the images” Examiner will be interpreting the limitation as such. Appropriate correction is required.
Claim 5 recites the term “a stomach” in line 17. However line 4 of claim 5 previously introduces the term “a stomach.” Therefore it is unclear whether Applicant is referencing the stomach previously introduced or a separate stomach. It is suggested to amend the limitation in line 17 to state, “the stomach.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 15 recites the term “a guide path” in line 2. However claim 5, which claim 15 indirectly depends from, also introduces the term “a guide path” in line 1. Therefore it is unclear whether claim 15 line 2 is introducing a new “guide path” or merely referencing the previously introduced limitation of claim 5. It is suggested to amend the limitation to state, “the guide path.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 19 recites the limitation "the path" in 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the guide path.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim 19 recites the limitation "the offset" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is suggested to amend the limitation to state, “the predetermined offset distance.” Examiner is interpreting the limitation as such. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1 and 2) as being anticipated by Shelton, IV et al. (2021/0196385) hereinafter Shelton.
Regarding Claim 1, discloses a system for determining a guide path (Abstract) for display on a display, comprising:
a camera(Figs. 12, 28, 33-35 camera 720) configured to be positioned within a body cavity (Fig. 4052 cavity 4052) having a stomach (Fig. 27 critical structure 4051, Fig. 28 stomach, Fig. 30 stomach) to capture image data corresponding to an exterior surface of the stomach (Figs. 28 and 30 show the exterior surface of the stomach, [0348] “…the control circuit may utilize visualization data to identify the pylorus 4131, Angular Incisura 4132, greater curvature 4133 of the stomach 4110, lesser curvature 4134 of the stomach 4110, and/or other anatomical structure relevant to the sleeve gastrectomy procedure.”) in the body cavity ([0365] “As described in greater detail in connection with FIG. 28, for example, various elements of a visualization system ( e.g. visualization system 100, 160, 500, 2108) such as, for example, a structured light projector 706 and a camera 720 can be used to generate visualization data to create the virtual 3D construct 4130. Relevant anatomical structures (e.g. pylorus 4131, Angular Incisura 4132, Angle of His 4121) are identified from visualization data from one or more imaging devices of the visualization system. In at least one example, landmarks are assigned to positions 4113, 4117, 4119 of such anatomical structures by overlaying the landmarks onto the virtual 3D construct 4130.”);
a display (Fig. 2 display 146) configured to display images ([0353-0358]) captured by the camera (Figs. 12, 28, 33-35 camera 720) in real time ([0430] “This dataset could be compared in the display, such as display 146, against real time measurements to help enable a surgeon to follow a particular pre-surgical plan based on training runs.”);
at least one processor and at least one memory, the at least one memory storing instructions executable by said at least one processor ([0363] “In at least one example, one or more aspects of the process 4300 are executed by a control circuit (e.g. control circuit 400 of FIG. 2A) that includes a processor and a memory storing a set of computer-executable instructions that, when executed by the processor, cause the processor to perform the one or more aspects of the process 4030. Additionally, or alternatively, one or more aspects of the process 4300 can be executed by a combinational logic circuit (e.g. control circuit 410 of FIG. 2B) and/or a sequential logic circuit (e.g. control circuit 420 of FIG. 2C). Furthermore, the process 4300 can be executed by any suitable circuitry with any suitable hardware and/or software components that may be located in or associated with various suitable systems described by the present disclosure.”)to:
receive user input from a user observing the images displayed on the display in real time, the user input identifying [[the]] positions of one or more reference points (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119, [0365] “Relevant anatomical structures (e.g. pylorus 4131, Angular Incisura 4132, Angle of His 4121) are identified from visualization data from one or more imaging devices of the visualization system. In at least one example, landmarks are assigned to positions 4113, 4117, 4119 of such anatomical structures by overlaying the landmarks onto the virtual 3D construct 4130.”)on an exterior surface of the stomach (Figs. 28 and 30 show the exterior surface of the stomach) as displayed in real time ([0430]), ([0362-0378]),
generate at least one first overlay (the presented parameters step 4304) on the real time images displayed on the display, each of the at least one first overlay ([0365-0366] “In at least one example, landmarks are assigned to positions 4113, 4117, 4119 of such anatomical structures by overlaying the landmarks onto the virtual 3D construct 4130. In addition, a surgical resection path 4312 is proposed 4303 based on the identified anatomical structures. In at least one example, the control circuit overlays the surgical resection path 4312 onto the virtual 3D construct 4130, as illustrated in FIG. 34.”) marking the one or more reference points (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119) on the exterior surface of the stomach (Figs. 28, 33-35 illustrate exterior surface of stomach) identified by the user input; ([0362-0378]),
based on the positions of the reference points (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119), automatically determine positions of guide points (Fig. 30 starting points 4146,4147,4148, and end position 4140) on the exterior surface of the stomach (Figs. 28 and 30 show the exterior surface of the stomach), each of the guide points (Fig. 30 starting points 4146,4147,4148, and end position 4140) spaced from a corresponding one of the reference points (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119), by a predetermined distance (Fig. 33 step 4304 [0364] “In at least one example, the control circuit presents 4304 the recommended parameters of the surgical instrument by overlaying such parameters onto, or near, the proposed surgical path, as illustrated in FIGS. 34 and 35.”), ([0362-0378]),and
generate at least one second overlay (the adjustments step 4305) on the images displayed on the display, each of the at least one second overlay marking the positions of the guide points (Fig. 30 starting points 4146,4147,4148, and end position 4140) on the exterior surface of the stomach (Fig. 33 step 4305 [0366] “As described in greater detail elsewhere herein, adjustments can be automatically made to proposed surgical paths based on desired volume outputs. In addition, adjustments can be automatically made to projected margins based on critical structures and/or tissue abnormalities automatically identified by the control circuit from the visualization data.” Fig. 34, ([0362-0378]).
Regarding Claim 4, Shelton discloses system of claim 1, wherein determining positions of guide points (Fig. 30 starting points 4146,4147,4148, and end position 4140) comprises determining a first guide point (Fig. 30 starting points 4146,4147,4148, and end position 4140) spaced from a corresponding one of the reference points (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119) by a first predetermined offset distance and determining a second guide point (Fig. 30 starting points 4146,4147,4148, and end position 4140) spaced from a corresponding one of the reference points (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119) by a second predetermined offset distance. ([0353] “Referring still to FIG. 30, in certain examples, once an end effector of a surgical stapler clamps the stomach tissue between a starting point, selected from proposed starting points 4146, 4147, 4147, and an end position 4140, at a predefined distance from the Angle of incisura 4132, the control circuit presents information about the clamping and/or firing the surgical stapler. In at least one example, as illustrated in FIG. 24, a composite data set 4012 from the visualization data 4010 and the instrument data 4011 can be displayed. Additionally, or alternatively, FTC and/or FTF values can be displayed. For example, a current value of FTC—represented by a circle 4020—can be depicted in real time against a gauge 4021 with an indicator 4022 representing a best practice FTC. Likewise, a current value of FTF—represented by a circle 4023—can be depicted against a gauge 4024 with an indicator 4025 representing a best practice FTF.”)
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.
Claims 5, 8, 9, 11, 12, 13, 16, 17, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton in view of “Sleeve Gastrectomy.” Nelson Trelles, MD. and Michel Gagner, MD. 2007 Elsevier Inc., hereinafter Trelles.
Regarding Claim 5, Shelton discloses a method for determining a guide path for display (abstract) on an image display (Fig. 2 display 146), comprising:
positioning a camera (Figs. 12, 28, 33-35 camera 720) within a body cavity (Fig. 4052 cavity 4052) and[[,]] using the camera (Figs. 12, 28, 33-35 camera 720) to capture, image data corresponding to an exterior surface of a stomach (Figs. 28 and 30 show the exterior surface of the stomach, [0348] “…the control circuit may utilize visualization data to identify the pylorus 4131, Angular Incisura 4132, greater curvature 4133 of the stomach 4110, lesser curvature 4134 of the stomach 4110, and/or other anatomical structure relevant to the sleeve gastrectomy procedure.”) in the body cavity ([0365] “As described in greater detail in connection with FIG. 28, for example, various elements of a visualization system ( e.g. visualization system 100, 160, 500, 2108) such as, for example, a structured light projector 706 and a camera 720 can be used to generate visualization data to create the virtual 3D construct 4130. Relevant anatomical structures (e.g. pylorus 4131, Angular Incisura 4132, Angle of His 4121) are identified from visualization data from one or more imaging devices of the visualization system. In at least one example, landmarks are assigned to positions 4113, 4117, 4119 of such anatomical structures by overlaying the landmarks onto the virtual 3D construct 4130.”);
displaying images of the exterior surface of the stomach (Figs. 28 and 30 show the exterior surface of the stomach, [0348]) captured by the camera (Figs. 12, 28, 33-35 camera 720) on the image display (Fig. 2 display 146) in real time ([0430] “This dataset could be compared in the display, such as display 146, against real time measurements to help enable a surgeon to follow a particular pre-surgical plan based on training runs.”);
inserting a bougie into the stomach, the bougie having an edge ([0348] “…the control circuit may utilize visualization data to identify the pylorus 4131, Angular Incisura 4132, greater curvature 4133 of the stomach 4110, lesser curvature 4134 of the stomach 4110, and/or other anatomical structure relevant to the sleeve gastrectomy procedure. An overlay of a bougie can be shown as well.”);
receiving user input digitally drawing a reference path or a plurality of one or more reference points or paths on the exterior of the stomach (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119, [0365] “Relevant anatomical structures (e.g. pylorus 4131, Angular Incisura 4132, Angle of His 4121) are identified from visualization data from one or more imaging devices of the visualization system. In at least one example, landmarks are assigned to positions 4113, 4117, 4119 of such anatomical structures by overlaying the landmarks onto the virtual 3D construct 4130.”)in the images displayed in real time ([0430]), said reference points or path (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119, [0365]) positioned to extend along the edge of the bougie ([0348]), and displaying said one or more reference points or paths as first overlays on the image display (Fig. 33 step 4304, [0348-0349] );
based on the positions of the reference path or points (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119, [0365]), determining positions of guide points (Fig. 30 starting points 4146,4147,4148, and end position 4140) on the exterior surface of the stomach (Figs. 28 and 30 show the exterior surface of the stomach), spaced from the reference path or points (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119, [0365]),, and
displaying the positions of the guide point(s) as second overlays ([0352]) on the real time images ([0430] displayed on the image display (Fig. 2 display 146) , the second overlays forming a reference guide path for cutting and stapling a stomach (Fig. 33 step 4305 [0366] “As described in greater detail elsewhere herein, adjustments can be automatically made to proposed surgical paths based on desired volume outputs. In addition, adjustments can be automatically made to projected margins based on critical structures and/or tissue abnormalities automatically identified by the control circuit from the visualization data.” Fig. 34, ([0362-0378]).
Shelton discloses a bougie can be in the stomach but is silent to teach whether the bougie was transorally inserted into the stomach.
However Trelles, in the same field of endeavor, teaches transorally inserting a bougie into the stomach (Trelles – page 125 second column “After the second firing, a bougie is inserted transorally by the anesthesiologist and carefully positioned in the antrum under laparoscopic vision (Fig 9).” And Page 129 Fig. 9 description – “The 40-Fr bougie is inserted into the stomach and aligned medially along the lesser curvature into the duodenum to proceed with the SG. Inserting the bougie after the first two stapler firings is a technical tip to facilitate aligning of the bougie along the lesser curvature.”).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Shelton with the teachings of Trelles to transorally insert a bougie into the stomach for the benefit of carefully positioning the bougie within the stomach under laparoscopic vision to help “facilitate aligning the bougies along the lesser curvature” properly (Trelles – page 125 and 129).
Regarding Claim 8, Shelton in view of Trelles teach the method of claim 5, wherein the method further includes using computer vision to detect an edge of the stomach in the images of the exterior surface of the stomach at the surgical site (Shelton - [0365] “Relevant anatomical structures (e.g. pylorus 4131, Angular Incisura 4132, Angle of His 4121) are identified from visualization data from one or more imaging devices of the visualization system. In at least one example, landmarks are assigned to positions 4113, 4117, 4119 of such anatomical structures by overlaying the landmarks onto the virtual 3D construct 4130.”).
Regarding Claim 9, Shelton in view of Trelles teach the method of claim 8, wherein determining positions of stapler guide points comprises determining positions of a plurality of points along a line extending parallel to the edge of the stomach (Shelton – Fig. 35 [0372] “Still referring to FIG. 35, the arrangement 4317 comprises a first staple cartridge 4352 and a last staple cartridge 4353 defining the beginning and end of the surgical resection path 4312. Where only a small portion of a last staple cartridge 4353 of a proposed staple cartridge arrangement 4317 is needed, the control circuit may adjust the surgical resection path 4312 to eliminate the need for the last staple cartridge 4353 without compromising the size of the resulting sleeve beyond a predetermined threshold.”).
Regarding Claim 11, Shelton in view of Trelles teach the method of claim 5, wherein determining positions of guide points comprises determining a guide point spaced from a corresponding one of the reference points by a predetermined offset distance (Shelton - Fig. 33 step 4304 [0364] “In at least one example, the control circuit presents 4304 the recommended parameters of the surgical instrument by overlaying such parameters onto, or near, the proposed surgical path, as illustrated in FIGS. 34 and 35.” [0354] “When the surgical stapler is removed from the abdominal cavity, reloaded with a selected staple cartridge, and reintroduced into the abdominal cavity, distance indicators—identifying a constant distance (d) from a plurality of points along the lesser curvature 4134 of the stomach 4110 to the selected resection path—are overlaid onto the virtual 3D construct view and/or the surgical field view. To ensure a proper orientation of the end effector of the surgical stapler, the distance from the target of the distal end of the end effector of the surgical stapler, as well as the distance from the proximal end to the previously fired staple lines are overlaid onto the virtual 3D construct view and/or the surgical field view. This process is repeated until the resection is complete.” ([0362-0378]),.
Regarding Claim12, Shelton in view of Trelles teach the method of claim 5, wherein determining positions of guide points comprises determining a first guide point spaced from a corresponding one of the reference points by a first predetermined offset distance and determining a second guide point spaced from a corresponding one of the reference points by a second predetermined offset distance. (Shelton - Fig. 33 step 4304 [0364] “In at least one example, the control circuit presents 4304 the recommended parameters of the surgical instrument by overlaying such parameters onto, or near, the proposed surgical path, as illustrated in FIGS. 34 and 35.” [0354] “When the surgical stapler is removed from the abdominal cavity, reloaded with a selected staple cartridge, and reintroduced into the abdominal cavity, distance indicators—identifying a constant distance (d) from a plurality of points along the lesser curvature 4134 of the stomach 4110 to the selected resection path—are overlaid onto the virtual 3D construct view and/or the surgical field view. To ensure a proper orientation of the end effector of the surgical stapler, the distance from the target of the distal end of the end effector of the surgical stapler, as well as the distance from the proximal end to the previously fired staple lines are overlaid onto the virtual 3D construct view and/or the surgical field view. This process is repeated until the resection is complete.” ([0362-0378]),.
Regarding Claim 13, Shelton in view of Trelles teach the method of claim 11, further including receiving user input to modify the amount of the predetermined offset and determining a modified guide point spaced from the corresponding one of the reference points based on the modified offset (Shelton - Fig. 33 step 4305 – [0362] “Additionally, or alternatively, the process 4300 further includes adjusting 4305 parameters of the surgical instrument in accordance with the surgical resection path” [0366] “…adjustments can be automatically made to proposed surgical paths based on desired volume outputs. In addition, adjustments can be automatically made to projected margins based on critical structures and/or tissue abnormalities automatically identified by the control circuit from the visualization data.” [0351-0352] “In yet another example, the control circuit allows the user to make adjustments to a proposed resection path on a screen showing the resection path overlaid onto the virtual 3D construct and/or the surgical field. The control circuit may calculate a sleeve size based on the adjustments. Alternatively, in another example, the user is permitted to select a starting point, for forming the sleeve, at a desired distance from the pylorus 4131. In response, the control circuit calculates a sleeve size based on the selected starting point.”).
Regarding Claim 16, Shelton in view of Trelles teach the method of claim 11, wherein the offset distance between the reference point and (Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119), the guide point (Fig. 30 starting points 4146,4147,4148, and end position 4140) is a straight line distance (see Fig. 30).
Regarding Claim 17, Shelton in view of Trelles teach the method of claim 11, wherein the offset distance between the reference point and the guide point is a geodesic distance following the topography of tissue surfaces between the reference and guide points (Shelton - [0136] “The surgical visualization system can also include an imaging system and a control circuit in signal communication with the receiver(s) and the imaging system. Based on output from the receiver(s), the control circuit can determine a geometric surface map, i.e. three-dimensional surface topography, of the visible surfaces at the surgical site and one or more distances with respect to the surgical site. In certain instances, the control circuit can determine one more distances to an at least partially concealed structure. Moreover, the imaging system can convey the geometric surface map and the one or more distances to a clinician.”).
Regarding Claim 18, Shelton in view of Trelles teach the method of claim 11, wherein method includes generating an overlay displaying the offset distances (Shelton - Fig. 33 step 4304 [0364] “In at least one example, the control circuit presents 4304 the recommended parameters of the surgical instrument by overlaying such parameters onto, or near, the proposed surgical path, as illustrated in FIGS. 34 and 35.” [0354] “When the surgical stapler is removed from the abdominal cavity, reloaded with a selected staple cartridge, and reintroduced into the abdominal cavity, distance indicators—identifying a constant distance (d) from a plurality of points along the lesser curvature 4134 of the stomach 4110 to the selected resection path—are overlaid onto the virtual 3D construct view and/or the surgical field view. To ensure a proper orientation of the end effector of the surgical stapler, the distance from the target of the distal end of the end effector of the surgical stapler, as well as the distance from the proximal end to the previously fired staple lines are overlaid onto the virtual 3D construct view and/or the surgical field view. This process is repeated until the resection is complete.” ([0362-0378]),. .
Regarding Claim 19, Shelton in view of Trelles teach the method of claim 11, wherein method includes generating an overlay displaying the path of the offset between the reference point (Shelton - Figs. 28-35 pylorus 4131, incisura 4132, angle of his 4131, positions 4113, 4117, 4119), and the guide point (Shelton - Fig. 30 starting points 4146,4147,4148, and end position 4140). (Shelton - [0362-0378] Fig. 30),.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Shelton in view of Trelles in view of Giuseppe Prisco (US2010/0249506) hereinafter Prisco.
Regarding Claim 14, Shelton in view of Trelles teach the method of claim 13. Shelton teaches the user can make adjustments to the guide points (Shelton - [0352] “Presenting resection paths can be achieved by causing the visualization system to overlay the resection paths onto the virtual 3D construct view and/or the surgical field view, for example. Conversely, removing proposed resection paths can be achieved by causing the visualization system to remove the overlay of such resection paths from the virtual 3D construct view and/or the surgical field view.”) but Shelton in view of Trelles is silent at explicitly teaching wherein the user input comprised dragging an icon positioned at the guide point to the modified guide point.
However Prisco, in the same field of endeavor, teaches wherein the user input comprised dragging an icon positioned at the guide point to the modified guide point (Prisco - [0040] “ The operator may issue the start guidance command in any one of a number of ways such as depressing an input button or flipping a switch on the input device 303 when the steerable endoscope 110 is being controlled teleoperatively, or depressing an input button or flipping a switch on the handle 116 when the steerable endoscope 110 is being controlled manually. Other ways may include voice actuation using a microphone and voice recognition processor (not shown) that may be implemented in or operatively coupled to the one or more computers 200; a foot pedal (not shown) that may be depressed by the operator so as to turn on or off the guidance; and a graphical user interface using the auxiliary display screen 160, the primary display screen 600 or another display screen (not shown) that the operator may interact with using an input device.” See also [0068]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Shelton in view of Trelles with the teachings of Prisco to include wherein the user input comprised dragging an icon positioned at the guide point to the modified guide point for the benefit of allowing “the proper size (i.e., length and width) of the patient computer model …[is in ]… alignment with the patient and its position in the fixed reference frame. Thus, with just a few points, the patient computer model may be properly scaled and aligned (i.e., conformed) with the patient using model information in an anthropometry database in the memory” (Prisco – [0038]).
Regarding Claim 15, Shelton in view of Trelles teach the method of claim 13. Shelton teaches the user can make adjustments to the guide points (Shelton - [0352] “Presenting resection paths can be achieved by causing the visualization system to overlay the resection paths onto the virtual 3D construct view and/or the surgical field view, for example. Conversely, removing proposed resection paths can be achieved by causing the visualization system to remove the overlay of such resection paths from the virtual 3D construct view and/or the surgical field view.”) but is silent at explicitly teaching wherein the method includes displaying a guide path including the guide point, and wherein the user input comprises dragging a portion of the guide path to move the guide point to the modified guide point.
However Prisco, in the same field of endeavor, teach wherein the method includes displaying a guide path including the guide point, and wherein the user input comprises dragging a portion of the guide path to move the guide point to the modified guide point (Prisco - [0038-0040] “For example, using a pointer device whose tip position may be readily determined in the fixed reference frame (such as the endoscope's tip 112), the operator may move the pointer device so that it first touches the mouth of the patient to establish a first reference point corresponding to the mouth of the patient computer model. The operator may then move the pointer device so that it next touches the right and left crest of the iliac of the patient to establish a second reference point corresponding to the right and left crest of the iliac of the patient computer model”).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Shelton in view of Trelles with the teachings of Prisco to include wherein the method includes displaying a guide path including the guide point, and wherein the user input comprises dragging a portion of the guide path to move the guide point to the modified guide point for the benefit of allowing “the proper size (i.e., length and width) of the patient computer model …[is in ]… alignment with the patient and its position in the fixed reference frame. Thus, with just a few points, the patient computer model may be properly scaled and aligned (i.e., conformed) with the patient using model information in an anthropometry database in the memory” (Prisco – [0038]).
Conclusion
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