DETAILED ACTION
In response to the office action mailed 11/28/2025, the response was received 02/26/2026: claims 1-20 are pending.
Response to Arguments
Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
Regarding claim 1, applicant argues that the prior art does not teach displaying a virtual image. However, HUEPF does not disclose merely displaying a previously acquired x-ray image as implied by the applicant. Rather, HUEPF determines a viewpoint based on the position and orientation of the mobile device and generates medical images corresponding to that viewpoint, including in real time as the device moves [0031]. Accordingly, the generated images constitute virtual x-ray images under the broadest reasonable interpretation of the claim.
Regarding claim 11, applicant argues that the prior art does not teach the steps of capturing the position and orientation of the manually positioned mobile device, creating, and displaying a virtual X-ray image are repeated until a control signal is received. However, HUEPF teaches continuously generating and displaying medical images in real time as the mobile device is moved. Such continuous operation inherently involves repeatedly capturing position/orientation and generating/displaying corresponding virtual X-ray images. It would have been understood that this process continues until a user input or a system control signal terminates the operation, as is conventional in interactive imaging systems.
Applicant’s arguments with respect to claim(s) 4, 5, and 7 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.
Applicant’s arguments, see page 7, filed 02/26/2026, with respect to claim 4 have been fully considered and are persuasive.
Regarding claim 4, applicant argues the prior art fails to teach wherein at least one parameter id determined for the X-ray system for recording an X-ray image, which X-ray image at least partially corresponds to the virtual X-ray image. After further considerations, examiner is in agreement that the prior art of record does not teach this limitation explicitly. Claims 5 and 7 depend on claim 4. Therefore, the rejection of claims 4, 5, and 7 has been withdrawn.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 6, and 8-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0161008 (HUEPF).
Regarding claim 1, HUEPF disclose a method for planning a recording of an X-ray image of a patient by an X-ray system, wherein the X-ray system includes a recording system that may be adjusted into a large number of projection geometries with an X-ray source and an X-ray detector, using a mobile device comprising a display area, the method comprising:
creating at least one first recording of a recording region of the patient by a capturing apparatus (Fig. 1, 18, [0016], and [0018], wherein “the medical imaging apparatus 18 may be any type of medical imaging system capable of imaging an object within another object,” e.g. an x-ray imaging device);
providing a patient model of a patient anatomy of the patient ([0016], medical images 12 of the object 14, which may be three-dimensional);
capturing a position and an orientation of the mobile device that is manually positioned ([0021], via internal sensors or external sensors such as cameras);
creating a virtual X-ray image of at least one part of the patient using the patient model, the at least one first recording, and the position, the orientation, or the position and the orientation of the mobile device [0031]; and
displaying the virtual X-ray image on the display area of the mobile device [0031].
Regarding claim 2, HUEPF disclose the method of claim 1, wherein the virtual X-ray image is determined such a manner that the position, the orientation, or the position and the orientation of the mobile device at least partially represent a position, an orientation, or the position and the orientation of the X-ray detector ([0016]-[0031]).
Regarding claim 3, HUEPF disclose the method of claim 1, wherein the virtual X-ray image is determined in such a manner that the position, the orientation, or the position and the orientation of the mobile device at least partially represent a position, an orientation, or the position and the orientation of the X-ray source ([0016]-[0031]).
Regarding claim 6, HUEPF disclose the method of claim 1, wherein the patient model of the patient anatomy is retrieved from a memory or a database or ascertained from a previously recorded volume image of the patient ([0016]-[0031]).
Regarding claim 8, HUEPF disclose the method of claim 1, wherein the position, the orientation, or the position and the orientation of the mobile device are determined using radio locating, visual locating, or radio locating and visual locating by markings, via a tracking system, or by markings and via the tracking system ([0016]-[0031]).
Regarding claim 9, HUEPF disclose the method of claim 1, wherein the mobile device is a smartphone, smart device, touchpad, or tablet ([0016]-[0031]).
Regarding claim 10, HUEPF disclose the method of claim 1, wherein the display area of the mobile device at least partially represents a position, an orientation, or the position and the orientation of a sensor area of the X-ray detector ([0016]-[0031]).
Regarding claim 11, HUEPF disclose the method of claim 1, wherein the steps of capturing the position and orientation of the manually positioned mobile device, creating, and displaying a virtual X-ray image are repeated until a control signal is received ([0016]-[0031]).
Regarding claim 12, HUEPF disclose a system comprising:
an X-ray system with a recording system which may be adjusted into a large number of projection geometries with an X-ray source and an X-ray detector ([0015]-[0016], required for medical imaging apparatus 18 to generate three-dimensional x-ray images);
a mobile device with a display area (20);
a capturing apparatus, for example an optical camera, for capturing at least one first recording of a recording region of a patient ([0021] and [0027]);
a provision unit for providing a patient model of a patient anatomy [0031];
a position determining system for determining the position and orientation of the manually positioned mobile device [0031]; and
a calculating unit for determining a virtual X-ray image of at least one part of the recording region of the patient using the patient model, at least the first recording and the position, the orientation, or the position and the orientation of the mobile device [0031];
wherein the display area of the mobile device is configured to display the virtual X-ray image [0031].
Regarding claim 13, HUEPF disclose the system of claim 12, wherein the calculating unit is configured to determine the virtual X-ray image in such a manner that the position, the orientation, or the position and the orientation of the mobile device at least partially represent a position, an orientation, or the position and the orientation of the X-ray detector ([0016]-[0031]).
Regarding claim 14, HUEPF disclose the system of claim 12, wherein the calculating unit is configured to determine the virtual X-ray image in such a manner that the position, the orientation, or the position and the orientation of the mobile device at least partially represent a position, an orientation, or the position and the orientation of the X-ray source ([0016]-[0031]).
Regarding claim 15, HUEPF disclose the system of claim 12, further comprising: a determining unit configured for determining at least one parameter for the X-ray system for recording an X-ray image that at least partially corresponds to the virtual X-ray image ([0016]-[0031]).
Regarding claim 16, HUEPF disclose the system claim 15, further comprising: a patient couch (Fig. 1).
Regarding claim 17, HUEPF disclose the system of claim 15, wherein the determining unit is configured to determine a positioning of the recording system for recording the X-ray image ([0016]-[0031]).
Regarding claim 18, HUEPF disclose the system of claim 15, further comprising: a control unit configured to actuate a recording of an X-ray image with the at least one parameter ([0016]-[0031]).
Regarding claim 19, HUEPF disclose the system of claim 12, wherein the mobile device is a smartphone, smart device, touchpad, or tablet (20).
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0161008 (HUEPF).
Regarding claim 20, HUEPF disclose the system of claim 12, wherein medical imaging apparatus may be an X-ray imaging system [0015], but fails to explicitly teach wherein the recording system comprises an adjustable C-arm.
However, it is well known in the art that a medical imaging apparatus comprising an x-ray imaging system configured to generate three-dimensional x-ray images generally comprises a rigid arm, such as a c-arm, connecting the source and detector to maintain alignment and distance as the apparatus moves around the patient capturing projection images.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to select an x-ray imaging apparatus with an adjustable C-arm to allow for positioning fine tuning with respect to the object to be worked upon by the system.
Allowable Subject Matter
Claims 4, 5, and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Please see response to arguments above.
Conclusion
THIS ACTION IS MADE FINAL. 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 DANI FOX whose telephone number is (571)272-3513. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANI FOX/Primary Examiner, Art Unit 2884
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