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 .
DETAILED ACTION
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.
Claims 19, 23, 25, 28, 61 and 63 are rejected under 35 U.S.C. 103 as being unpatentable over Balogh (US 2010/0026789), in view of Yi et al. (US 2008/0144772) and further in view of Chon et al. (US 2017/0055878).
Addressing claim 23, Balogh discloses a system comprising:
a target operation device configured to perform a first target operation on an area of interest of a target object, the first target operation comprising imaging or treatment (see abstract, [0005] and Fig. 15; end effector is a target operation device);
a mobile device movable relative to the target operation device, and configured to present and/or acquire information related to the target object (see Figs. 1, 2a and [0058]);
a target host configured to control the target operation device to perform the first target operation; wherein the mobile device is independent of the target operation device (see Fig. 15, [0004], [0015], [0044] and [0168]; robot and computer system that control surgical robot is a target host; the arch with the mobile camera could be remove so it is independent of the target operation device; also the robot with end effector is not part of the arch device that has the camera so target operation device/end effector is independent of the camera connect to the arch; CT or MRI machine could be used to image; holder camera does not has to be fix to the patient).
Balogh does not disclose wherein the mobile device further comprises an acquisition device configured to acquire a breathing signal of the target object in real time, and send the breathing signal to the target host, such that the target host performs a second target operation based on the breathing signal, the second target operation comprising at least one of imaging the target object, adjusting an emission dose of a target signal, or adjusting a surgical instrument. Yi discloses an acquisition device configured to acquire a breathing signal of the target object in real time, and send the breathing signal to the target host, such that the target host performs a second target operation based on the breathing signal, the second target operation comprising at least one of imaging the target object, adjusting an emission dose of a target signal, or adjusting a surgical instrument (see abstract, [0035], [0058], Figs. 1 and 6; 103 is the acquisition device configured to acquire a breathing signal in real time when treatment radiation first delivery to the target patient (first target operation) and send to 105 (further send to 104 and 101) to perform second target operation based on the breathing signal such as adjusting a surgical instrument or adjusting an emission dose; adjust speed of radiation treatment is adjusting a surgical instrument (radiosurgery) adjust an emission dose as emission the dose faster or slower). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Balogh to have an acquisition device configured to acquire a breathing signal of the target object in real time, and send the breathing signal to the target host, such that the target host performs a second target operation based on the breathing signal, the second target operation comprising at least one of imaging the target object, adjusting an emission dose of a target signal, or adjusting a surgical instrument as taught by Yi because this improve treatment by allows the treatment planning system to generate a treatment plan that will track the movement of the target during treatment to minimize the radiation dose that may impact surrounding normal tissue (see [0005] and [0035]).
It is unclear if Yi acquisition device configured to acquire a breathing signal of the target object in real time is on the mobile device. Chon discloses acquisition device configured to acquire a breathing signal of the target object in real time is a mobile device (see Fig. 1A, [0006-0007], [0047] and [0062]; the chest movement captures in images from smartphone is process as breathing signal). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Balogh to use a mobile phone to acquire a breathing signal of the target object in real time as taught by Chon because smartphones have powerful processor are widely available to users for use in personalized health care (see [0003]).
Addressing claim 19, the system performs the method therefore claim 19 is being rejected for the same reason as claim 23.
Addressing claims 25, 28, 61 and 63, Balogn discloses:
addressing claim 25, wherein the acquisition device is further configured to acquire position information of the target object in a first orientation and a second orientation, respectively; and wherein the target host is configured to adjust a relative position between the target object and the target operation device, or control the target operation device to perform the first target operation, based on the position information acquired at the first orientation and the position information acquired at the second orientation (see [0015]; provided real-time 4D image acquisition of the target for robotic brain surgery; real-time images provide positions, orientations of the target to guide robotic surgery).
addressing claim 28, wherein the acquisition device is further configured to acquire a feature image of the target object in real time, and the target host is configured to determine, based on the feature image, feature information of the target object, and control, based on the feature information, the target operation device to adjust the first target operation (see [0015] and Fig. 15; provided real-time 4D image acquisition of the target for robotic brain surgery; real-time images provide positions, orientations of the target to guide robotic surgery for surgery on the target; the effector is guide to the target and adjust base on real-time image).
addressing claim 61, wherein controlling, based on the position information, the target operation device to perform the first target operation comprises: controlling, based on the position information, the target operation device to emit a target signal to an area of interest of the target object, or to adjust its own position (see Fig. 21; retrieve effector position and calculate actual effector position; base on position information of the effector and target adjust the effector position).
addressing claim 63, wherein the first target operation comprises at least one of imaging or treatment (see abstract, [0005] and Fig. 15; end effector is a target operation device that perform treatment).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Balogh (US 2010/0026789), in view of Yi et al. (US 2008/0144772), further in view of Chon et al. (US 2017/0055878) and Muramatsu (US 2017/0160626).
Addressing claim 24, Balogh does not disclose wherein the mobile device comprises a projection device configured to project at least one of a first image for guiding the target object to position, or a second image for guiding the target object to adjust the breathing of the target object. Muramatsu discloses a projection device configured to project at least one of a first image for guiding the target object to position (see claim 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Balogh to have a projection device configured to project at least one of a first image for guiding the target object to position as taught by Muramatsu because help place the patient in the right position (see claim 1 and Fig. 11A).
Claims 57-58 are rejected under 35 U.S.C. 103 as being unpatentable over Balogh (US 2010/0026789), in view of Yi et al. (US 2008/0144772), further in view of Chon et al. (US 2017/0055878) and Stratton et al. (US 2012/0065496).
Addressing claims 57-58, Balogh disclose brain surgery but do not disclose radiotherapy device gamma knife. In the same field of endeavor, Stratton discloses radiotherapy device gamma knife (see [0088]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Balogh to have radiotherapy device gamma knife as taught by Stratton because this a safe non-invasive device that provide effective brain surgery.
Claims 59-60 are rejected under 35 U.S.C. 103 as being unpatentable over Balogh (US 2010/0026789), in view of Yi et al. (US 2008/0144772), further in view of Chon et al. (US 2017/0055878), Sawazaki et al. (US 2006/0100497) and Clements et al. (US 9,756,297).
Addressing claims 59-60, Balogh does not disclose wherein the mobile device comprises a movable camera on a ceiling; wherein the mobile device comprises a first mobile device and a second mobile device, the first mobile device acquires position information of the target object in a first orientation, and the second mobile device acquires position information of the target object in a second orientation. a mobile device comprises a ground walking robot. Sawazaki discloses camera on a ceiling and several cameras acquires position information of the target object at different angle orientation (see [0109], Figs. 1 and 9; camera 9-11 on the ceiling and other cameras 9-7, 9-3, 9-16 etc. acquire information of the target object at different angle orientations). Clements discloses a mobile camera on the ceiling (see Figs. 11, 14 and col. 29, lines 13-18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Balogh to have mobile camera on ceiling and cameras at different angles as taught by Sawazaki and Clements because this provides bird eye view and capture different angle of operation room, table and patient.
Response to Arguments
Applicant’s arguments with respect to claim(s) 19, 23-25, 28 and 57-61 and 63 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.
Also see the prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the conclusion section.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2017/0064214 (see [0049] and [0297]; guiding a target object to reach a designated position by using image); US 2021/0094180 (see Fig. 1; unmanned aerial vehicle 110 with camera to provide information/data); US 2018/0232052 (see Fig. 8; ground walking robot with camera to provide information/data) and US 2007/0078566 (see Fig. 1, claims 8 and 10; ground walking robot with camera to provide information/data); US 8,788,020 (see Figs. 1 and 4; measure breathing signal (respiration motion) using camera; camera on tri-pod and that is movable or mobile); US 2017/0354330 (see abstract and Fig. 1; using camera to capture breathing signal) and US 2009/0187112 (see Fig. 1 and [0127]; using camera to capture breathing signal).
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.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
Prosecution Insights