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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/18/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 5-6 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 5 recites “determining a first deviation…; and/or transforming the second image representation…;determining a second deviation…; and determining the three-dimensional representation…on the basis of the first and/or the second deviation” The scope of the claim is unclear because the recited and/or does not identify which complete sets of steps are alternative. In particular, it is unclear whether the claim requires:
(1) transforming the first image representation and determining the first deviation;
(2) transforming the second image representation and determining the second deviation;
(3) one of or both of (1) and (2);
(4) determining the second deviation regardless of whether the second transformation is performed or not.
Thus, one of ordinary skill in the art cannot determine with reasonable certainty which method steps are required by claim 5 as recited.
Claim 6 recites the limitation ““adjustment of the information relating to the geometry of the marker”” There is insufficient antecedent basis for this limitation in the claim. Claim 3 separately recites information relating to the geometry if the marker but claim 6 chain of dependency does not depend from claim 3.
Allowable Subject Matter
Claims 1-4 and 7-16 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claims 1 and 15: applicant amended the independent claims to include “the three-dimensional representation including a three-dimensional volume of the medical marker” The prior art including Marlet teaches determining 3D marker locations from multiple images and using those marker locations for comparison and registration. However, Marlet depicts fluoroscopic markers as line-like features and does not describe determining, from the first and second image representations, a three-dimensional representation that includes a 3D volume of the marker itself. A newly found reference Tokuda (US 20170000581) describes fiducials having volumetric shapes and volumetric modeling of fiducials in tomographic images data. However, the prior art of record fails to disclose, teach, or suggests determining the claimed 3D volume of the medical marker on the basis of the first and second image representations captured in difference perspectives, as required by the amended claims 1 and 15.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WASSIM MAHROUKA whose telephone number is (571)272-2945. The examiner can normally be reached Monday-Thursday 8:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Koziol can be reached on (408) 918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WASSIM MAHROUKA/Primary Examiner, Art Unit 2665
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