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 Amendment
Examiner acknowledges the amendments to the claims received on 2/3/2026 have been entered, and that no new matter has been added.
Response to Arguments
Argument 1: Applicant argues on page 7 in the filing on 2/3/2026 that “Nowhere do the cited paragraphs of Duindam disclose that shape data 710 is a sensor point cloud generated "by aggregating position information for a plurality of points along the shape sensor for each of the plurality of configurations of the instrument" nor that the segmented shape of the model of the instrument is an image point cloud generated by "segmenting images of the instrument from the image data and aggregating points representing each of the plurality of configurations of the instrument."” in claim 1.
Response to Argument 1: Argument 1 is moot in view of new grounds of rejection. The scope of the amendment has changed and new art has been applied.
This meets the claim limitations as currently claimed, and Applicant's Argument 1 filed on 2/3/2026 are moot in view of new grounds of rejection necessitated by the applicant’s amendment. Applicant’s remaining statements regarding the remaining independent and dependent claims are moot or not persuasive for the reasons stated above.
Claim Rejections - 35 USC § 103
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 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 1-2, 6-10, 12-16, 20, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duindam et al., Patent Application Publication Number US 20190320878 A1 (hereinafter “Duindam”), in view of Holsing et al., Patent Application Publication number US 20130225943 A1, (hereinafter “Holsing”), in view of Singh et al., Patent Application Publication number US 20200129240 A1 (hereinafter “Singh”).
Claim 1: Duindam teaches “A system comprising:
a processor (i.e. Control system 112 includes at least one memory and at least one computer processor [Duindam 0040]); and
a memory having computer readable instructions stored thereon (i.e. a non-transitory machine-readable medium storing the instructions [Duindam 0040), the computer readable instructions, when executed by the processor, cause the system to:
record shape data from a shape sensor for an instrument during an image capture period (i.e. shape data or information may be obtained from the medical instrument while a portion of the medical instrument is positioned within the patient anatomy… For example, the tracking system 230 may receive position/shape information from an optical fiber shape sensor or other sensor system [Duindam 0071, Fig. 5]), wherein the instrument is moving during the image capture period between a plurality of configurations (i.e. the imaging system 330 may capture a set of images, which may be still images, a series of still images, or video [Duindam 0057]… As the operator O navigates within the patient, the perspectives shown in images 600 and 800 may update in real-time and be rendered to the display 110 [Duindam 0078, Fig. 6-8]… As the elongate device 310 is advanced as the carriage 306 moves along the insertion stage 308, the operator O may steer the distal end 318 of the elongate device 310 to navigate through the anatomic passageways 402. In navigating through the anatomic passageways 402, the elongate device 310 assumes a shape that may be measured by the shape sensor 314 [Duindam 0060, Fig. 4A-4D] note: “a shape that may be measured” is shape data) due to patient anatomical motion (i.e. Additionally or in the alternative, the computing system may optionally correlate the timing of the shape data and the images to a cyclic motion. For example, the patient anatomy may move during regular cyclic activity (e.g., cardiac activity, respiratory activity, etc.)… As the activity may be periodic, image data from one cycle of the activity may be compared with a subset of the shape data obtained during another cycle [Duindam 0101] note: a series of shape data is recorded as the patient moves during regular breathing);
generate a sensor point cloud from the recorded shape data (i.e. registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5]) by… position information for a plurality of points along the shape sensor (i.e. shape data corresponds to the shape of the elongate device 310 is positioned within patient anatomy. While the shape data 710 is visually depicted in FIG. 7C, the shape data 710 may be represented by numeric values, such as coordinates in the shape sensor reference frame, stored in memory [Duindam 0076, Fig. 3A-3B, 7A-7C] note: Fig. 7C is a point cloud from recorded shape data. The point cloud includes coordinates as position information for the points along the shape. This includes a plurality of configurations as a video is disclosed in 0078, and patient anatomical motion is disclosed in 0101, above) for… the plurality of configurations of the instrument (i.e. tracking system 230 may alternately and/or additionally rely on historical pose, position, or orientation data stored for a known point of an instrument system along a cycle of alternating motion, such as breathing. This stored data may be used to develop shape information about flexible body 216 [Duindam 0048] note: multiple configurations (positions) of the instrument are recorded, which are required for ‘along a cycle’ of breathing);
receive image data from an imaging system during the image capture period (i.e. at operation 502 in which intraoperative three-dimensional image data of a patient anatomy is obtained from an imaging system [Duindam 0062, Fig. 5]… The three-dimensional imaging system 330 may provide real-time or near real-time images of the patient P using imaging technology such as CT [Duindam 0057] note: a plurality of images);
generate an image point cloud for the instrument (i.e. registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5]) including segmenting images of the instrument from the image data (i.e. when a medical instrument like the medical instrument 200 or 304 is in place when CT images are obtained, the medical instrument or a portion thereof is included in the image. The medical instrument may be segmented or filtered out of the image [Duindam 0067]… At an operation 508 registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5] note: segmenting a shape of the instrument is in step 504, and point clouds are in step 508. In order to perform step 508 using point clouds, step 504 must be included. Note2: “when a medical instrument like the medical instrument 200 or 304 is in place when CT images are obtained” indicates that a plurality of images of the instrument are obtained for the CT image point cloud) and… points representing… the plurality of configurations of the instrument (i.e. when a medical instrument like the medical instrument 200 or 304 is in place when CT images are obtained, the medical instrument or a portion thereof is included in the image. The medical instrument may be segmented or filtered out of the image [Duindam 0067]… At an operation 508 registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5] note: “when a medical instrument like the medical instrument 200 or 304 is in place when CT images are obtained” indicates that the instrument is in an appropriate place to measure movement data (such as Duindam 0048, above, teaches an instrument recording a ‘cycle,’). In other words, the CT images are taken when the instrument is recording a movement cycle. Thus, the CT images also include a movement cycle, which is the claimed ‘includes points representing each of the plurality of configurations of the instrument.’ These steps occur in 502-506 of Fig. 5. Point clouds are then generated and registered in step 508); and
register the sensor point cloud to the image point cloud (i.e. the segmented shape of the medical instrument may be registered with the shape data obtained from the medical instrument. In this way, the shape sensor reference frame or instrument reference frame (X.sub.I, Y.sub.I, Z.sub.I) is registered to the image reference frame or anatomic model reference frame (X.sub.CT, Y.sub.CT, Z.sub.CT)… registration may be performed by matching and registering feature points within instrument and image point clouds where point correspondences are determined from shape similarity in some feature space [Duindam 0072, Fig. 5]… additional three-dimensional image of the patient anatomy may be captured. The registration may be updated based on the additional three-dimensional image [Duindam 0075] note: a plurality of registrations).”
Duindam discloses a plurality of sensor point clouds (see Duindam 0072, 0076, Fig. 3A-3B, 7A-7C, above). Duindam is not explicitly clear regarding a sensor point cloud from the recorded shape data by “aggregating” position information for “each of” the positions of the instrument. Holsing discloses the concept of aggregating sensor point clouds:
Holsing teaches “record shape data from a shape sensor for an instrument during an image capture period, wherein the instrument is moving during the image capture period between a plurality of configurations due to patient anatomical motion (i.e. a respiratory-gated point cloud can be collected in one embodiment using a surgical instrument navigation system 10… over a full respiration cycle of patient 613 to form respiratory-gated point cloud… [Holsing 0099, Fig. 3A-3B, Fig. 7]);
generate a sensor point cloud from the recorded shape data by aggregating position information for a plurality of points along the shape sensor for each of the plurality of configurations of the instrument (i.e. a respiratory-gated point cloud can be collected in one embodiment using a surgical instrument navigation system 10… moves catheter 612 through a plurality of locations 614 within the branches of a patient's respiratory system 602… over a full respiration cycle of patient 613 to form respiratory-gated point cloud corresponding to position/orientation data of localization element 624 [Holsing 0099, Fig. 3A-B, 7] note: navigation system includes position information. Note2: point cloud is generated over a full respiration cycle. Note3: in Fig. 3, the point cloud is thicker than a single line of points, which also denotes that an aggregation of position information for the instrument is occurring over a respiration cycle);”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Duindam to include the feature of having the ability to combine several positions worth of point clouds together, as disclosed by Holsing.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit to obtain a clearer and more accurate point cloud image over a period of time (such as a cycle of breathing), which improves instrument location accuracy, which reduces medical errors.
Duindam and Holsing disclose a plurality of point clouds from images containing an instrument (see Duindam 0072, 0067, Fig. 5, above). Duindam is not explicitly clear regarding “aggregating” points representing “each of” the plurality of configurations of the instrument. Singh discloses the concept of an aggregation of point clouds, from images, of an instrument:
Singh teaches “generate an image point cloud for the instrument including segmenting images of the instrument from the image data and aggregating points representing each of the plurality of configurations of the instrument (i.e. FIG. 10, camera 320 is a 3D camera such as a depth camera (e.g. structured light, time of flight, laser rangefinder/scanner, etc.). Such cameras generate point clouds/depth images of objects in its field of view. For increased accuracy and completeness of the data, multiple depth images of the instrument assembly at different view angles may be collected by moving the instrument 331 or the camera 320. These multiple perspectives can then be stitched together [Singh 0065, Fig. 10] note: Fig. 10 shows just the point cloud of the instrument, which indicates that the instrument has been segmented from the rest of the captured image);”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Duindam and Holsing to include the feature of having the ability to combine several instrument point clouds as disclosed by Singh.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit “to determine the relative pose between the fiducial marker 340 {i.e. the instrument} and the surgical instrument 331,332 and/or implant 333 {i.e. the area of interest} [Singh 0062, Fig. 10].”
Claim 2: Duindam and Holsing and Singh teach the limitations of claim 1, above. Duindam teaches “wherein the shape data includes position information for a plurality of points forming a shape of the shape sensor (i.e. the tracking system 230 may receive position/shape information from an optical fiber shape sensor or other sensor system, such as a plurality of electromagnetic position sensors positioned along the elongate device 310 [Duindam 0071, Fig. 3A-3B]).”
Claim 6: Duindam and Holsing and Singh teach the limitations of claim 1, above. Duindam teaches “wherein registering the sensor point cloud to the image point cloud includes using an iterative closest point technique (i.e. registration between the intraoperative model and instrument frames of reference may be achieved, for example, by using a point-based iterative closest point (ICP) technique [Duindam 0072]).”
Claim 7: Duindam and Holsing and Singh teach the limitations of claim 1, above. Duindam teaches “wherein registering the sensor point cloud to the image point cloud includes identifying a sensor seed point in the sensor point cloud and includes identifying an image seed point in the image point cloud (i.e. registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072]).”
Claim 8: Duindam and Holsing and Singh teach the limitations of claim 7, above. Duindam teaches “wherein the sensor seed point and the image seed point correspond to a distal tip of the instrument (i.e. distal end 318 of elongate device 310 may be positioned just inside an entry orifice of patient P. Also in this position, position measuring device 320 may be set to a zero or another reference value [Duindam 0059] note: this position is explicitly recorded, or a feature point of claim 7).”
Claim 9: Duindam and Holsing and Singh teach the limitations of claim 7, above. Duindam teaches “wherein the sensor seed point and the image seed point correspond to a proximal area of the instrument (i.e. a component of the location of proximal point 316 along axis A may be set to a zero and/or another reference value to provide a base reference to describe the position of instrument [Duindam 0059] note: this position is explicitly recorded, or a feature point of claim 7).”
Claim 10: Duindam and Holsing and Singh teach the limitations of claim 7, above. Duindam teaches “wherein one of the sensor seed point or the image seed point is identified via a user input (i.e. medical instrument system 200 may include gripping features, manual actuators, or other components for manually controlling the motion of medical instrument system 200 [Duindam 0051] note: the instrument is manually positioned to a start position, a user input. Then the feature points of the proximal end and distal end may be set to zero, or identified).”
Claim 12: Duindam and Holsing and Singh teach the limitations of claim 1, above. Duindam teaches “wherein the shape sensor includes an optical fiber shape sensor extending within the instrument (i.e. optical fiber shape sensor 314 may be movable along with instrument body 312 [0056, Fig. 3A-3B]).”
Claim 13: Duindam and Holsing and Singh teach the limitations of claim 1, above. Duindam teaches “further comprising the imaging system (i.e. FIG. 7A is another side view of a surgical coordinate space including a medical instrument and a three-dimensional imaging system as seen in FIGS. 3A and 3B [Duindam 0018, Fig. 3A-3B, 7A]).”
Claim 14: Duindam and Holsing and Singh teach the limitations of claim 1, above. Duindam teaches “further comprising the instrument (i.e. FIG. 7B illustrates a detailed view of a distal portion of the medical instrument shown in FIG. 7A [Duindam 0019]).”
Claim 15: Duindam and Holsing and Singh teach a non-transitory machine-readable medium comprising a plurality of machine- readable instructions which when executed by one or more processors associated with a computer-assisted medical system device are adapted to perform the steps of claim 1; therefore, it is rejected under the same rationale.
Claim 16: Claim 16 is similar in content and in scope to claim 2, thus it is rejected under the same rationale.
Claim 20: Claim 20 is similar in content and in scope to claim 6, thus it is rejected under the same rationale.
Claim 26: Duindam teaches “A system comprising:
a processor (i.e. Control system 112 includes at least one memory and at least one computer processor [Duindam 0040]); and
a memory having computer readable instructions stored thereon (i.e. a non-transitory machine-readable medium storing the instructions [Duindam 0040), the computer readable instructions, when executed by the processor, cause the system to:
record shape data from a shape sensor for an instrument during an image capture period (i.e. shape data or information may be obtained from the medical instrument while a portion of the medical instrument is positioned within the patient anatomy… For example, the tracking system 230 may receive position/shape information from an optical fiber shape sensor or other sensor system [Duindam 0071, Fig. 5]), wherein the instrument is moving during the image capture period between a plurality of configurations (i.e. the imaging system 330 may capture a set of images, which may be still images, a series of still images, or video [Duindam 0057]… As the operator O navigates within the patient, the perspectives shown in images 600 and 800 may update in real-time and be rendered to the display 110 [Duindam 0078, Fig. 6-8]… As the elongate device 310 is advanced as the carriage 306 moves along the insertion stage 308, the operator O may steer the distal end 318 of the elongate device 310 to navigate through the anatomic passageways 402. In navigating through the anatomic passageways 402, the elongate device 310 assumes a shape that may be measured by the shape sensor 314 [Duindam 0060, Fig. 4A-4D] note: “a shape that may be measured” is shape data) due to patient anatomical motion (i.e. Additionally or in the alternative, the computing system may optionally correlate the timing of the shape data and the images to a cyclic motion. For example, the patient anatomy may move during regular cyclic activity (e.g., cardiac activity, respiratory activity, etc.)… As the activity may be periodic, image data from one cycle of the activity may be compared with a subset of the shape data obtained during another cycle [Duindam 0101] note: a series of shape data is recorded as the patient moves during regular breathing);
generate a sensor point cloud from the recorded shape data (i.e. registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5]), wherein the sensor point cloud is generated from… a plurality of points along the shape sensor (i.e. shape data corresponds to the shape of the elongate device 310 is positioned within patient anatomy. While the shape data 710 is visually depicted in FIG. 7C, the shape data 710 may be represented by numeric values, such as coordinates in the shape sensor reference frame, stored in memory [Duindam 0076, Fig. 3A-3B, 7A-7C] note: Fig. 7C is a point cloud from recorded shape data. The point cloud includes coordinates as position information for the points along the shape. This includes a plurality of configurations as a video is disclosed in 0078, and patient anatomical motion is disclosed in 0101, above) for… the plurality of configurations of the instrument (i.e. tracking system 230 may alternately and/or additionally rely on historical pose, position, or orientation data stored for a known point of an instrument system along a cycle of alternating motion, such as breathing. This stored data may be used to develop shape information about flexible body 216 [Duindam 0048] note: multiple configurations (positions) of the instrument are recorded, which are required for ‘along a cycle’ of breathing);
receive image data from an imaging system during the image capture period (i.e. at operation 502 in which intraoperative three-dimensional image data of a patient anatomy is obtained from an imaging system [Duindam 0062, Fig. 5]… The three-dimensional imaging system 330 may provide real-time or near real-time images of the patient P using imaging technology such as CT [Duindam 0057] note: a plurality of images);
generate an image point cloud for the instrument (i.e. registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5]) including segmenting images of the instrument from the image data (i.e. when a medical instrument like the medical instrument 200 or 304 is in place when CT images are obtained, the medical instrument or a portion thereof is included in the image. The medical instrument may be segmented or filtered out of the image [Duindam 0067]… At an operation 508 registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5] note: segmenting a shape of the instrument is in step 504, and point clouds are in step 508. In order to perform step 508 using point clouds, step 504 must be included. Note2: “when a medical instrument like the medical instrument 200 or 304 is in place when CT images are obtained” indicates that a plurality of images of the instrument are obtained for the CT image point cloud), wherein the image point cloud includes points representing… the plurality of configurations of the instrument (i.e. when a medical instrument like the medical instrument 200 or 304 is in place when CT images are obtained, the medical instrument or a portion thereof is included in the image. The medical instrument may be segmented or filtered out of the image [Duindam 0067]… At an operation 508 registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5] note: “when a medical instrument like the medical instrument 200 or 304 is in place when CT images are obtained” indicates that the instrument is in an appropriate place to measure movement data (such as Duindam 0048, above, teaches an instrument recording a ‘cycle,’). In other words, the CT images are taken when the instrument is recording a movement cycle. Thus, the CT images also include a movement cycle, which is the claimed ‘includes points representing each of the plurality of configurations of the instrument.’ These steps occur in 502-506 of Fig. 5. Point clouds are then generated and registered in step 508); and
register the sensor point cloud to the image point cloud (i.e. the segmented shape of the medical instrument may be registered with the shape data obtained from the medical instrument. In this way, the shape sensor reference frame or instrument reference frame (X.sub.I, Y.sub.I, Z.sub.I) is registered to the image reference frame or anatomic model reference frame (X.sub.CT, Y.sub.CT, Z.sub.CT)… registration may be performed by matching and registering feature points within instrument and image point clouds where point correspondences are determined from shape similarity in some feature space [Duindam 0072, Fig. 5]… additional three-dimensional image of the patient anatomy may be captured. The registration may be updated based on the additional three-dimensional image [Duindam 0075] note: a plurality of registrations).”
Duindam discloses a plurality of sensor point clouds (see Duindam 0072, 0076, Fig. 3A-3B, 7A-7C, above). Duindam is not explicitly clear regarding a sensor point cloud from “the union of” points for “each of” the positions of the instrument. Holsing discloses the concept of aggregating sensor point clouds:
Holsing teaches “record shape data from a shape sensor for an instrument during an image capture period, wherein the instrument is moving during the image capture period between a plurality of configurations due to patient anatomical motion (i.e. a respiratory-gated point cloud can be collected in one embodiment using a surgical instrument navigation system 10… over a full respiration cycle of patient 613 to form respiratory-gated point cloud… [Holsing 0099, Fig. 3A-3B, Fig. 7]);
generate a sensor point cloud from the recorded shape data, wherein the sensor point cloud is generated from the union of a plurality of points along the shape sensor for each of the plurality of configurations of the instrument (i.e. a respiratory-gated point cloud can be collected in one embodiment using a surgical instrument navigation system 10… moves catheter 612 through a plurality of locations 614 within the branches of a patient's respiratory system 602… over a full respiration cycle of patient 613 to form respiratory-gated point cloud corresponding to position/orientation data of localization element 624 [Holsing 0099, Fig. 3A-B, 7] note: navigation system includes position information. Note2: point cloud is generated over a full respiration cycle. Note3: the point cloud is thicker than a single line of points, which also denotes that an aggregation of position information for the instrument is occurring over a respiration cycle);”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Duindam to include the feature of having the ability to combine several positions worth of point clouds together, as disclosed by Holsing.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit to obtain a clearer and more accurate point cloud image over a period of time (such as a cycle of breathing), which improves instrument location accuracy, which reduces medical errors.
Duindam and Holsing disclose a plurality of point clouds from images containing an instrument (see Duindam 0072, 0067, Fig. 5, above). Duindam is not explicitly clear regarding the points representing “each of” the plurality of configurations of the instrument. Singh discloses the concept of an aggregation of point clouds, from images, of an instrument:
Singh teaches “generate an image point cloud for the instrument including segmenting images of the instrument from the image data, wherein the image point cloud includes points representing each of the plurality of configurations of the instrument (i.e. FIG. 10, camera 320 is a 3D camera such as a depth camera (e.g. structured light, time of flight, laser rangefinder/scanner, etc.). Such cameras generate point clouds/depth images of objects in its field of view. For increased accuracy and completeness of the data, multiple depth images of the instrument assembly at different view angles may be collected by moving the instrument 331 or the camera 320. These multiple perspectives can then be stitched together [Singh 0065, Fig. 10] note: Fig. 10 shows just the point cloud of the instrument, which indicates that the instrument has been segmented from the rest of the captured image); and”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Duindam and Holsing to include the feature of having the ability to combine several instrument point clouds as disclosed by Singh.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit “to determine the relative pose between the fiducial marker 340 {i.e. the instrument} and the surgical instrument 331,332 and/or implant 333 {i.e. the area of interest} [Singh 0062, Fig. 10].”
Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duindam, in view of Holsing, in view of Singh, in view of Genova et al., Patent Application Publication number US 20190321118 A1, (hereinafter “Genova”), in view of Davatzikos, Christos. "Image Registration Based on Boundary Mapping " [published Feb 1996], [online], [retrieved on 7/13/2024]. Retrieved from the internet <URL: https://iacl.ece.jhu.edu/pubs/p069j-ieee.pdf> (hereinafter “Davatzikos”).
Claim 11: Duindam and Holsing and Singh teach all the limitations of claim 1, above. Duindam teaches “wherein the sensor point cloud includes a sensor… and the image point cloud includes an image… and wherein registering the sensor point cloud to the image point cloud includes registering the sensor and image… (i.e. registration may be performed by matching and registering feature points within instrument and image point clouds [Duindam 0072, Fig. 5]).”
Duindam teaches two different images, point clouds, and registering (see above). Duindam is silent regarding the concept of envelopes.
Genova teaches “wherein… the image point cloud includes an image envelope… (i.e. render a 3D scene of the point cloud as well as the 3D envelope overlay. The 3D point cloud and 3D envelope are rendered together so that the 3D envelope is clipped where it intersects the point cloud [Genova 0103]).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Duindam and Holsing and Singh to include the feature of having the ability to analyze the point cloud for envelopes as disclosed by Genova.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit to match similar boundary images with each other, which provides for more accurate image registration.
Duindam and Holsing and Singh and Genova teach two different images, point clouds, registering, and envelopes (see above). Specifically, Duindam and Holsing and Singh and Genova teach registering point clouds (see above). Duindam and Holsing and Singh and Genova are silent regarding the concept of registering via envelopes.
Davatzikos teaches “wherein registering the [two images] includes registering the [two images] envelope boundaries (i.e. We have presented a new approach for brain image registration based on a two-step procedure. In the first step we obtain a one-to-one homothetic mapping between two sets of boundary curves using an active contour algorithm, establishing the correspondence of a large number of points with minimal human intervention…. To bring the remaining image points into registration [Davatzikos page 3, Col 1, last paragraph]).”
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention/combination of Duindam and Holsing and Singh and Genova to include the feature of having the ability to register images via envelopes as disclosed by Davatzikos.
One would have been motivated to do so, before the effective filing date of the invention because it provides the benefit to match similar boundary images with each other, which provides for more accurate image registration: “a quantitative measure of the registration accuracy…. a considerable improvement over the error [Davatzikos page 3, Col 1, 2nd to last para].”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tay (US 20190311546 A1) listed on 892 is related to increasing point cloud density.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL SHEN whose telephone number is (469)295-9169 and email address is samuel.shen@uspto.gov. The examiner can normally be reached Monday-Thursday, 7:00 am - 5:00 pm CT.
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/S.S./Examiner, Art Unit 2179
/IRETE F EHICHIOYA/Supervisory Patent Examiner, Art Unit 2179
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