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
Applicant’s arguments, filed 6/24/2025, with respect to the rejection of claims 1-18 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Gliner.
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.
Claims 1-3, 6, 10-12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gliner (US 2021/0186620), hereinafter referred to as Gliner.
Regarding claim 1, Gliner discloses a method, comprising: inserting a catheter into an organ of a patient and selecting, in a three-dimensional (3D) image of the organ, a plane of interest (POI) (paragraphs 49 and 54 wherein CT image of the head is processed in order to generate and display images of the 3D volume of the nasal passages);
producing a first image comprising an endoscopic view of the 3D image from a direction facing the POI (paragraph 50 wherein virtual endoscopic views show the anatomy as well as the medical instrument moving through the anatomy);
producing a second image comprising a sectional view of the 3D image clipped by the POI (paragraph 53-54 wherein CT image of the head is processed in order to generate and display images of the 3D volume of the nasal passages).
displaying the first and second images to a user (paragraphs 28-29 and 81 wherein simultaneously displaying includes rendering and simultaneously displaying on the display screen three respective two-dimensional (2D) CT slices, based on the 3D CT image, including three respective 2D indications of the direction to the 3D path from the medical instrument projected onto the three respective 2D CT slices).
Regarding claim 2, Gliner discloses the method according to claim 1, wherein producing the second image comprises producing a graphic representation of a clip plane of the POI, and displaying the sectional view of the clip plane (paragraph 59 wherein bisector associated with the closest camera may be defined as a plane perpendicular to the computed path at the point of the closest camera).
Regarding claim 3, Gliner discloses the method according to claim 1, wherein producing the first image comprises positioning, within the 3D image of the organ, a virtual camera at a given position and a given orientation, and defining one or more imaging parameters for producing the endoscopic view (paragraph 32 wherein the medical instrument being configured to move within a passage in the body of the patient, register the position tracking system and a three-dimensional (3D) computerized tomography (CT) image of at least a part of the body within a common frame of reference).
Regarding claim 6, Gliner discloses the method according to claim 1, wherein displaying the first and second images comprises displaying the first and second images side by side (paragraphs 28-29 wherein simultaneously displaying includes rendering and simultaneously displaying on the display screen three respective two-dimensional (2D) CT slices, based on the 3D CT image, including three respective 2D indications of the direction to the 3D path from the medical instrument projected onto the three respective 2D CT slices).
Regarding claim 10, Gliner discloses a system, comprising: a processor, which is configured to: (i) receive a selection of a plane of interest (POI) in a three-dimensional (3D) image of an organ of a patient (paragraphs 49 and 54 wherein CT image of the head is processed in order to generate and display images of the 3D volume of the nasal passages),
(ii) produce a first image comprising an endoscopic view of the 3D image from a direction facing the POI (paragraph 50 wherein virtual endoscopic views show the anatomy as well as the medical instrument moving through the anatomy),
and (iii) produce a second image comprising a sectional view of the 3D image clipped by the POI (paragraph 53-54 wherein CT image of the head is processed in order to generate and display images of the 3D volume of the nasal passages);
and a display, which is configured to display the first and second images to a user (paragraphs 28-29 and 81 wherein simultaneously displaying includes rendering and simultaneously displaying on the display screen three respective two-dimensional (2D) CT slices, based on the 3D CT image, including three respective 2D indications of the direction to the 3D path from the medical instrument projected onto the three respective 2D CT slices).
Regarding claim 11, Gliner discloses the system according to claim 10, wherein the processor is configured to produce the second image by: (i) producing a graphic representation of a clip plane of the POI, and (ii) displaying on the display the sectional view of the clip plane (paragraph 59 wherein bisector associated with the closest camera may be defined as a plane perpendicular to the computed path at the point of the closest camera).
Regarding claim 12, Gliner discloses the system according to claim 10, wherein the processor is configured to produce the first image by: (i) positioning, within the 3D image of the organ, a virtual camera at a given position and a given orientation, and (ii) defining one or more imaging parameters for producing the endoscopic view (paragraph 32 wherein the medical instrument being configured to move within a passage in the body of the patient, register the position tracking system and a three-dimensional (3D) computerized tomography (CT) image of at least a part of the body within a common frame of reference).
Regarding claim 15, Gliner discloses the system according to claim 10, wherein the processor is configured to display the first and second images on the display, side by side (paragraphs 28-29 wherein simultaneously displaying includes rendering and simultaneously displaying on the display screen three respective two-dimensional (2D) CT slices, based on the 3D CT image, including three respective 2D indications of the direction to the 3D path from the medical instrument projected onto the three respective 2D CT slices).
Claims 4-5 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gliner, in view of Zino (US 2016/0104312), hereinafter referred to as Zino.
Regarding claims 4 and 13, Gliner is silent in regards to disclosing the method according to claim 3, wherein the organ comprises a heart and the 3D image comprises a 3D image of at least a section of the heart, wherein positioning the virtual camera comprises selecting the given position and the given orientation of the virtual camera for displaying a section of the heart, and wherein defining the one or more imaging parameters in the virtual camera, comprises defining one or both of: (i) a magnification, and (ii) one or more angles of view, for producing the endoscopic view.
However, Zino discloses the method according to claim 3, wherein the organ comprises a heart and the 3D image comprises a 3D image of at least a section of the heart, wherein positioning the virtual camera comprises selecting the given position and the given orientation of the virtual camera for displaying a section of the heart, and wherein defining the one or more imaging parameters in the virtual camera, comprises defining one or both of: (i) a magnification, and (ii) one or more angles of view, for producing the endoscopic view (paragraphs 20 and 27 wherein processor of system displays on display a 3D map of patient's heart 28 comprising distal end, so cardiologist knows the exact location of distal end with respect to the pertinent area in heart). Zino provides motivation to combine the references wherein disclosed technique may assist the physician to position the fluoroscopic system FOV in the target position, without exposing the patient and medical staff to X-ray radiation, and to accurately position the fluoroscopic system FOV on target with high speed and accuracy (paragraph 16). Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to combine the teachings of Gliner with the teachings of Zino (paragraph 16).
Regarding claims 5 and 14, Zino discloses the method according to claim 3, wherein the section comprises one or more pulmonary veins (PVs), and wherein the first and second images are used for performing a PV isolation procedure in at least one of the PVs (paragraph 36 wherein system performs cardiac imaging, such objects may comprise, for example, cardiac chambers, valves, arteries, and other objects).
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gliner, in view of Shelton (US 2023/0097906), hereinafter referred to as Shelton.
Regarding claims 7 and 16, Gliner is silent in regards to disclosing the method according to claim 1, wherein displaying the first and second images comprises toggling between the display of the first and second images.
However, Shelton discloses the method according to claim 1, wherein displaying the first and second images comprises toggling between the display of the first and second images (paragraph 159 wherein the medical practitioner can toggle between (A) a view in which a three-dimensional rendering of the visible tissue is depicted and (B) an augmented view in which one or more hidden critical structures are depicted over the three-dimensional rendering of the visible tissue).
Shelton provides motivation to combine the references wherein the system also includes a controller configured to track the organ from a first state to a second, different state that is subsequent to the first state by analyzing the plurality of images (paragraph 35). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Gliner with the toggling capability of Shelton (paragraph 35).
Claims 8-9 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gliner, in view of Rai (US 2017/0209125), hereinafter referred to as Rai.
Regarding claims 8 and 17, Gliner is silent in regards to disclosing the method according to claim 7, wherein toggling between the display comprises displaying the first image when applying to the display a first range of zoom values, and displaying the second image when applying to the display a second range of zoom values, different from the first range of zoom values.
However, Rai discloses wherein toggling between the display comprises displaying the first image when applying to the display a first range of zoom values, and displaying the second image when applying to the display a second range of zoom values, different from the first range of zoom values (paragraphs 65 and 70 wherein the textual data includes a value of the measurement (“3.00 cm”) between the first and second markers, and wherein zoom frame may be activated by one or more user commands).
Rai provides motivation to combine the references wherein user interface is configured to receive user inputs to move the first marker within the zoom frame to a new location in the ROI within the zoom frame (paragraph 4). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Gliner with the zoom features of Rai (paragraph 4).
Regarding claims 9 and 18, Rai discloses the method according to claim 8 and comprising displaying the 3D image instead of the first image or the second image, when applying to the display a third range of zoom values, different from the first range of zoom values and the second range of zoom values (paragraphs 81-82 wherein the first and second markers are moved relative to the medical image).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES N HICKS whose telephone number is (571)270-3010. The examiner can normally be reached Monday-Friday 10-7 EST.
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/CHARLES N HICKS/Examiner, Art Unit 2424
/BENJAMIN R BRUCKART/Supervisory Patent Examiner, Art Unit 2424