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 .
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.
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.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over US 9770216 to Brown in view of US 20240324870 to Wong and “Spyro The Dragon” by ValREc0.
Regarding Claim 28, Brown teaches a method comprising:
receiving (i) a target location for performing a procedure in an organ of a patient (col. 6, lines 41-62 – selecting a treatment target location), and (ii) a mapping of a lumen located along a path to the target location (col. 6, lines 41-62 – selecting and mapping a target trajectory/path to the treatment target location);
producing an endoscopic view of at least the lumen from a point of view of a distal-end assembly (DEA) (bronchoscope view 470, local view 478, Figure 8);
displaying in the endoscopic view, on at least a wall of the lumen, one or more marks indicative of a progress of the procedure (pathway 476, virtual probe 479, target 452, Figure 8; virtual marks 512, Figure 10 are also displayed; all of these markings are displayed on the wall of the lumen, e.g. as shown in Figure 8 pathway 476 is overlaid on walls of the lumens, and guide the user to the treatment target. The markings in the displayed image are updated in real-time as the procedure progresses. Colors and shapes are also utilized to aid the user to guide to the target.), and
visually differentiating the wall and tissue outside the lumen by displaying a first color on the wall and a second color, different from the first color, on the tissue outside the lumen, wherein a contrast between the first and second colors is distinguishable at an interface between the wall and the tissue (in Figure 8, view 470, the lumen and wall are rendered and would implicitly have different colors so as to delineate the boundaries shown on the display). However, Brown does not teach displaying in the endoscopic view, on one or more annular sections of a wall of the lumen, one or more shimmering rings, wherein a frequency of the shimmering rings on the wall is indicative of one or more sharp turns in the path.
Wong teaches guidance markings in an endoscopic view of a lumen from a point of view of a distal-end assembly. Wong further teaches adding a series of rings along the target navigation path where the user guides the endoscopic device through the rings much like a video game (par. 0089). In this manner, the tissue outside the lumen and the wall of the lumen increases contrast via the color overlay of the ring and boundaries are more pronounced. Wong mentions the frequency (i.e. the ring spacing) can be varied in order to provide an operator a sense of insertion depth and/or distance, but does not outright say that the ring spacing/frequency indicates a sharp turn in the path.
There are many video games that utilize the convention wherein the user flies through guidance rings to stay on the path (e.g. Starfox, Sonic Ring Racers). As a representative example, the following screenshot from Spyro the Dragon shows the user flying through guidance rings to stay on an optimal path. The guidance rings increase in frequency in tighter turns because they are more difficult to navigate.
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One of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to utilize the shimmering guidance rings of Wong to aid the user in flying through the optimal path by providing an increase in visual contrast. While Wong suggests the frequency be varied “like a video game”, Spyro The Dragon shows how the frequency is increased for tighter turns to show that they are more difficult to navigate and provide additional help.
Allowable Subject Matter
Claims 1-5, 10-16, 21-27 avoid the prior art. The prior art does not teach or suggest guidance rings that conform to a geometry of the lumen derived from the mapping, in combination with intervening limitations.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 10-16, 21-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA MARIE HOFFA whose telephone number is (571)270-7408. The examiner can normally be reached Monday - Friday 9:30 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANGELA M. HOFFA
Primary Examiner
Art Unit 3799
/Angela M Hoffa/Primary Examiner, Art Unit 3799
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