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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/04/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 16 and 26 in Applicant’s responses filed 03/04/2026 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.
Therefore, the claims stand rejected.
Claim Objections
Claims 16 and 26 are objected to because of the following informalities:
The preamble of the claims should be amended to recite A system for tracking a distal tip of a longitudinal element inserted into a patient body, the system comprising:--.
Appropriate correction is required.
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.
Claims 26, and 28-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 26 requires determining a three-dimensional location of the distal tip based on the linear displacement, the angular orientation, and a previously determined three-dimensional location of the distal tip for each detected stripe. However, the disclosure fails to include any details about including historical or previous calculations of a location of the distal tip in a current calculation.
Claims 28-30 are rejected based on their respective dependencies on claim 26.
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.
Claims 16, 18-20, 23-24, 25-26, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Whitin, et al., US 20040176683 A1 in view of Mantri, et al., US 20200360100 A1 and Gloeggler, et al, US 20110212426 A1.
With respect to claim 16, Whitin teaches a system for tracking a distal tip of a longitudinal element inserted into a patient body (abstract discloses “a system for tracking insertion depth of endoscopes”), comprising:
a longitudinal element (endoscope 12 of figs. 7A- and [0064]) extending longitudinally from a distal tip configured for insertion into a target area within an anatomy of the patient body ([0059]-[0060] describe insertion of the endoscope or colonoscope into a body and determining an insertion length of the endoscope or colonoscope states that “the endoscope 12 may additionally detect and correlate both the length of the endoscope 12 remaining outside the body as well as the length of endoscope 12 inserted within the body”) to a proximal end configured to remain outside of the patient body ([0059] states that “The term endoscope and colonoscope may be used herein interchangeably but shall refer to the same type of device. This is particularly useful when used in conjunction with various endoscopes and/or colonoscopes having a distal steerable portion and an automatically controlled proximal portion which may be automatically controlled by, e.g., a controller”, at least suggesting that the proximal end remains outside the body for controlling the distal end),
the longitudinal element including a series of stripes extending along the longitudinal element ([0078] states that “Endoscope 92 may be configured to have a number of tags 94, e.g., sensors, transponders, etc., located along the body of endoscope 92”. See figs. 7A and 7B. the tags are being interpreted as the recited series of stripes), and
an exterior member (external sensing device or datum 96 of figs. 7A and 7B and [0078]) configured to be positioned outside of the patient body at a point of entry into the target area of the patient body ([0078] states that “Datum 96 may be positioned externally of patient 18 adjacent to an opening into a body cavity, e.g., anus 20 for colonoscopic procedures”),
the exterior member (external sensing device or datum 96 of figs. 7A and 7B and [0078]) including a channel (opening 100 of fig. 7A) extending longitudinally therethrough (see figs. 7A and 7B. [0078] states that “Datum 96 may accordingly have a sensor or reader 98 located next to opening 100, which may be used as a guide for passage of endoscope 92 therethrough into anus 20.”) and a linear encoder (sensor or reader 98 of [0078]) configured to detect each of the stripes of the longitudinal element as the longitudinal element is slid through the exterior member so that data from the linear encoder determines a linear displacement of the longitudinal element relative to the exterior member at the point of entry ([0078] states that “As shown in FIG. 7B, as endoscope 92 is passed through datum 96 via opening 100 and into anus 20, reader 98 located within datum 96 may sense each of the tags 94 as they pass through opening 100. Accordingly, the direction and insertion depth of endoscope 92 may be recorded and/or maintained for real-time positional information of the endoscope 92”),
Whitin fails to teach the longitudinal element including an inertial measurement units (IMU) sensor at the distal tip; a processor in communication with the IMU sensor and the linear encoder, wherein the processor is configured to: determine a linear displacement of the longitudinal element relative to the exterior member at the point of entry based on data received from the linear encoder; determine an angular orientation of the distal tip of the longitudinal element based on data received from the IMU sensor.
However, within the same field of endeavor, Mantri teaches a system for treating a target tissue of a patient comprises a first robotic arm coupled to a treatment probe for treating the target tissue of the patient, and a second robotic arm coupled to an imaging probe for imaging the target tissue of the patient (abstract), the longitudinal element (treatment probe 450 of figs. 8A and 8B and [0126]) including an inertial measurement units (IMU) sensor at the distal tip ([0108], [0133]); a processor in communication with the IMU sensor and the linear encoder ([0108] discloses sensors that are coupled to the processor, the sensors including IMUs and linear encoders according to [0132] and [0133]), wherein the processor is configured to: determine a linear displacement of the longitudinal element relative to the exterior member at the point of entry based on data received from the linear encoder ([0132] discloses determination of a displacement of a probe in the z-direction using positional encoder linear sensors); determine an angular orientation of the distal tip of the longitudinal element based on data received from the IMU sensor ([0133] states that “One or more sensors may be provided on one or more robotic arms to measure position, orientation, force, or some other parameter. In some instances, two sensors may be part of the robotic arm assembly and can be utilized to determine unintended movements. These sensors can be internal encoders which may be located one or more joints of the robotic arm and may be an inertial measurement unit (IMU) 822. An IMU is an electronic sensor device that measures and reports one or more parameters, such as a force, an angular rate, and/or the orientation of the sensor, and may use a combination of accelerometers, gyroscopes, and/or magnetometers”, and “Clause 225” of [0503] stating “wherein one or more of the probe or the distal potion of the robotic arm comprises an inertial measurement unit (“IMU”) to detect movement of the probe and optionally wherein the processor is configured to receive output from the IMU to determine the position and orientation of the probe”. Also see [0093] which states that “the probe comprises one or more fiducial targets and the robotic arm comprises corresponding sensors of sufficient resolution and positioning to identify the relative position of the probe in 3D space”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Whitin, such that the longitudinal element including an inertial measurement units (IMU) sensor at the distal tip; a processor in communication with the IMU sensor and the linear encoder, wherein the processor is configured to: determine a linear displacement of the longitudinal element relative to the exterior member at the point of entry based on data received from the linear encoder; determine an angular orientation of the distal tip of the longitudinal element based on data received from the IMU sensor, as taught by Mantri, to provide a more ideal method of navigating the probe into the patient ([0007]) and improve the accuracy of the treatment procedure ([0006] and [0009]).
Whitin in view of Mantri fails to teach to determine an angular orientation of the distal tip of the longitudinal element based on data received from the IMU sensor after determining the linear displacement; and wherein the processor is configured to redetermine the angular orientation of the distal tip after each linear displacement and recalculate the three-dimensional location of the distal tip after each linear displacement.
However, within the same field of endeavor, Gloeggler teaches a simulation system for training in endoscopic operations includes an endoscope apparatus, including at least one input for inserting an endoscopic working instrument, a sensor arrangement to detect a movement of the endoscopic working instrument, a control device to generate a virtual image of an endoscopic operation scene depending on a movement of the endoscopic working instrument, transmission means to transmit measured values supplied by the sensor arrangement to the control device for use in generating the virtual image and a display device to display the virtual image, where the sensor arrangement includes at least one optic sensor that interacts with a surface of a shaft of the endoscopic working instrument to detect the movement of the endoscopic working instrument (see abstract), determine an angular orientation of the distal tip of the longitudinal element based on data received from the IMU sensor after determining the linear displacement ([0023] describes using optical imaging sensor for determining linear, translational movement of a shaft of the working instrument and determining rotary movement of the shaft based on a movement component perpendicular to the axial movement and a known diameter of the shaft to ascertain a rotary displacement of the shaft. Also note that the linear, translational movement and the rotary movements are determined based on reference marks ([0041]-[0046]); and wherein the processor is configured to redetermine the angular orientation of the distal tip after each linear displacement and recalculate the three-dimensional location of the distal tip after each linear displacement ([0041]-[0042] disclose recognition of the reference marks for determining the translational and rotational motions and in real time according to [0083]. [0043] then discloses that actual positions of the working instrument at any moment is determined again for any number of reasons including if there is a breakdown in the system during insertion. [0027] also discloses the detection of the incremental axial/translation and rotary movements in the recorded images).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Whitin as modified by Mantri, to determine an angular orientation of the distal tip of the longitudinal element based on data received from the IMU sensor after determining the linear displacement; and wherein the processor is configured to redetermine the angular orientation of the distal tip after each linear displacement and recalculate the three-dimensional location of the distal tip after each linear displacement, as taught by Gloeggler, to precisely and securely detect or measure the movement of the working instrument ([0047]).
With respect to claim 18, Whitin in view of Mantri and Gloeggler teaches all the limitations of claim 16.
Whitin further teaches wherein each of the stripes extends about a periphery of the longitudinal element and is separated from an adjacent one of the stripes via a predetermined distance ([0078] states that “Endoscope 92 may be configured to have a number of tags 94, e.g., sensors, transponders, etc., located along the body of endoscope 92. These tags 94 may be positioned at regular intervals along endoscope 92…tags 94 may be positioned at uniform distances from one another”).
With respect to claim 19, Whitin in view of Mantri and Gloeggler teaches all the limitations of claim 18.
Whitin further teaches wherein the stripes are equidistantly spaced from one another ([0078] states that “Endoscope 92 may be configured to have a number of tags 94, e.g., sensors, transponders, etc., located along the body of endoscope 92. These tags 94 may be positioned at regular intervals along endoscope 92…tags 94 may be positioned at uniform distances from one another”).
With respect to claim 20, Whitin in view of Mantri and Gloeggler teaches all the limitations of claim 16.
Whitin further teaches wherein the longitudinal element is one of an endoscope and an endotracheal tubing (figs. 7A and 7B and abstract which disclose an endoscope).
With respect to claim 23, Whitin in view of Mantri and Gloeggler teaches all the limitations of claim 16.
Whitin further teaches wherein the location of the distal tip for each detected stripe is determined to track a three-dimensional motion of the distal tip (“as endoscope 92 is passed through datum 96 via opening 100 and into anus 20, reader 98 located within datum 96 may sense each of the tags 94 as they pass through opening 100. Accordingly, the direction and insertion depth of endoscope 92 may be recorded and/or maintained for real-time positional information of the endoscope 92”. The real-time positional information in conjunction with the direction and depth information describe the three-dimensional motion of the distal tip).
With respect to claims 24 and 30, Whitin in view of Mantri and Gloeggler teaches all the limitations of claim 23 and 26, respectively.
Whitin in view of Mantri and Gloeggler fails to teach wherein the three-dimensional motion of the distal tip is displayed on a display; and a display configured to display a tracked three-dimensional motion of the distal tip.
Gloeggler further teaches wherein the three-dimensional motion of the distal tip is displayed on a display; and a display configured to display a tracked three-dimensional motion of the distal tip ([0022], [0028], and [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Whitin as modified by Mantri, wherein the three-dimensional motion of the distal tip is displayed on a display; and a display configured to display a tracked three-dimensional motion of the distal tip, as taught by Gloeggler, to precisely and securely detect or measure the movement of the working instrument ([0047]).
With respect to claim 25, Whitin in view of Mantri and Gloeggler teaches all the limitations of claim 16.
Whitin states in [0078] that “reader 98 located within datum 96 may sense each of the tags 94 as they pass through opening 100”. Whitin in view of the embodiment in figs. 7A and 7B of Mantri fails to teach wherein the linear encoder includes a camera sensing changes in image intensity to detect each of the stripes.
However, in a separate embodiment in fig. 8 of Whitin, shows another example in endoscope assembly 110 in which endoscope 112 may have a number of sensors or tags 114 located along the body of the endoscope 112, Mantri further discloses wherein the linear encoder includes a camera sensing changes in image intensity to detect each of the stripes ([0088] states that “If reader 118 were configured as an optical sensor, it may further utilize a light source, e.g., LED, laser, carbon, etc., within datum 116. This light source may be utilized along with a CCD or CMOS imaging system connected to a digital signal processor (DSP) within reader 118. The light may be used to illuminate markings located at predetermined intervals along endoscope 112.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Whitin, as modified by Mantri and Gloeggler, such that the longitudinal element includes an IMU sensor at the distal tip and data from the IMU sensor determining an angular orientation of the distal tip of the longitudinal element; a three-dimensional location of the distal tip calculated based on the determined angular orientation and the linear displacement determined at each detected stripe, as taught by the fig. 8 embodiment of Whitin, to provide a real-time position of the endoscope during advancement and/or withdrawal into the patient ([0003]-[0008]).
With respect to claim 26, Whitin teaches a system for tracking a distal tip of a longitudinal element inserted into a patient body (abstract discloses “a system for tracking insertion depth of endoscopes”), comprising:
a longitudinal element (endoscope 12 of figs. 7A- and [0064]) extending longitudinally from a distal tip configured for insertion into a target area within an anatomy of the patient body ([0059]-[0060] describe insertion of the endoscope or colonoscope into a body and determining an insertion length of the endoscope or colonoscope states that “the endoscope 12 may additionally detect and correlate both the length of the endoscope 12 remaining outside the body as well as the length of endoscope 12 inserted within the body”) to a proximal end configured to remain outside of the patient body ([0059] states that “The term endoscope and colonoscope may be used herein interchangeably but shall refer to the same type of device. This is particularly useful when used in conjunction with various endoscopes and/or colonoscopes having a distal steerable portion and an automatically controlled proximal portion which may be automatically controlled by, e.g., a controller”, at least suggesting that the proximal end remains outside the body for controlling the distal end),
the longitudinal element including a series of stripes extending along the longitudinal element ([0078] states that “Endoscope 92 may be configured to have a number of tags 94, e.g., sensors, transponders, etc., located along the body of endoscope 92”. See figs. 7A and 7B. the tags are being interpreted as the recited series of stripes), and
each of the stripes separated from an adjacent one of the stripes via a predetermined distance ([0078] states that “Endoscope 92 may be configured to have a number of tags 94, e.g., sensors, transponders, etc., located along the body of endoscope 92. These tags 94 may be positioned at regular intervals along endoscope 92…tags 94 may be positioned at uniform distances from one another”); and
an exterior member (external sensing device or datum 96 of figs. 7A and 7B and [0078]) configured to be positioned outside of the patient body at a point of entry into the target area of the patient body ([0078] states that “Datum 96 may be positioned externally of patient 18 adjacent to an opening into a body cavity, e.g., anus 20 for colonoscopic procedures”), the exterior member (external sensing device or datum 96 of figs. 7A and 7B and [0078]) including a channel (opening 100 of fig. 7A) extending longitudinally therethrough (see figs. 7A and 7B. [0078] states that “Datum 96 may accordingly have a sensor or reader 98 located next to opening 100, which may be used as a guide for passage of endoscope 92 therethrough into anus 20.”) and a linear encoder (sensor or reader 98 of [0078]) to detect each of the stripes of the longitudinal element as the longitudinal element is slid through the exterior member([0078] states that “As shown in FIG. 7B, as endoscope 92 is passed through datum 96 via opening 100 and into anus 20, reader 98 located within datum 96 may sense each of the tags 94 as they pass through opening 100. Accordingly, the direction and insertion depth of endoscope 92 may be recorded and/or maintained for real-time positional information of the endoscope 92”).
Whitin fails to teach that the longitudinal element includes an inertial measurement units (IMU) sensor at the distal tip and a processor (i.e., the controller of [0059]) configured to receive data from the IMU sensor and the linear encoder to determine an angular orientation of the distal tip of the longitudinal element from data received from the IMU sensor; determine a linear displacement of the longitudinal element relative to the exterior member from data received from the linear encoder; and determine a three-dimensional location of the distal tip based on the linear displacement and the angular orientation for each detected stripe.
However, Mantri teaches a system for treating a target tissue of a patient comprises a first robotic arm coupled to a treatment probe for treating the target tissue of the patient, and a second robotic arm coupled to an imaging probe for imaging the target tissue of the patient (abstract) the longitudinal element (treatment probe 450 of figs. 8A and 8B and [0126]) includes an inertial measurement units (IMU) sensor at the distal tip ([0108], [0133]) and a processor (i.e., the controller of [0059]) configured to receive data from the IMU sensor ([0133]) and the linear encoder ([0132]) to determine an angular orientation of the distal tip of the longitudinal element from data received from the IMU sensor ([0133] discloses using the IMU to detect angular orientations of the prove); determine a linear displacement of the longitudinal element relative to the exterior member from data received from the linear encoder ([0132] discloses linear encoders for measuring the displacement in Z-direction),
and determine a three-dimensional location of the distal tip based on the linear displacement and the angular orientation for each detected stripe ([0133] states that “One or more sensors may be provided on one or more robotic arms to measure position, orientation, force, or some other parameter. In some instances, two sensors may be part of the robotic arm assembly and can be utilized to determine unintended movements. These sensors can be internal encoders which may be located one or more joints of the robotic arm and may be an inertial measurement unit (IMU) 822. An IMU is an electronic sensor device that measures and reports one or more parameters, such as a force, an angular rate, and/or the orientation of the sensor, and may use a combination of accelerometers, gyroscopes, and/or magnetometers”, and “Clause 225” of [0503] stating “wherein one or more of the probe or the distal potion of the robotic arm comprises an inertial measurement unit (“IMU”) to detect movement of the probe and optionally wherein the processor is configured to receive output from the IMU to determine the position and orientation of the probe”. Also see [0093] which states that “the probe comprises one or more fiducial targets and the robotic arm comprises corresponding sensors of sufficient resolution and positioning to identify the relative position of the probe in 3D space”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Whitin, such the longitudinal element includes an inertial measurement units (IMU) sensor at the distal tip and a processor configured to receive data from the IMU sensor and the linear encoder to determine an angular orientation of the distal tip of the longitudinal element from data received from the IMU sensor; determine a linear displacement of the longitudinal element relative to the exterior member from data received from the linear encoder; and determine a three-dimensional location of the distal tip based on the linear displacement and the angular orientation for each detected stripe, as taught by Mantri, to provide a more ideal method of navigating the probe into the patient ([0007]) and improve the accuracy of the treatment procedure ([0006] and [0009]).
Whitin in view of Mantri fails to teach that the determining a linear displacement before determining angular orientation and that the determining of the three-dimensional location of the distal tip is also a previously determined three-dimensional location of the distal tip for each detected stripe.
However, within the same field of endeavor, Gloeggler teaches a simulation system for training in endoscopic operations includes an endoscope apparatus, including at least one input for inserting an endoscopic working instrument, a sensor arrangement to detect a movement of the endoscopic working instrument, a control device to generate a virtual image of an endoscopic operation scene depending on a movement of the endoscopic working instrument, transmission means to transmit measured values supplied by the sensor arrangement to the control device for use in generating the virtual image and a display device to display the virtual image, where the sensor arrangement includes at least one optic sensor that interacts with a surface of a shaft of the endoscopic working instrument to detect the movement of the endoscopic working instrument (see abstract), determining a linear displacement before determining angular orientation ([0023] describes using optical imaging sensor for determining linear, translational movement of a shaft of the working instrument and determining rotary movement of the shaft based on a movement component perpendicular to the axial movement and a known diameter of the shaft to ascertain a rotary displacement of the shaft. Also note that the linear, translational movement and the rotary movements are determined based on reference marks ([0041]-[0046]); determining of the three-dimensional location of the distal tip is also a previously determined three-dimensional location of the distal tip for each detected stripe ([0023], [0026] describe determining the movement of the shaft in two movement directions, that is axial/translational motion and rotary motion (tantamount to the claimed three-dimensional location), using previous data. [0027] also discloses the detection of the incremental axial/translation and rotary movements in the recorded images).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Whitin as modified by Mantri, for determining a linear displacement before determining angular orientation and that the determining of the three-dimensional location of the distal tip is also a previously determined three-dimensional location of the distal tip for each detected stripe, as taught by Gloeggler, to precisely and securely detect or measure the movement of the working instrument ([0047]).
Claims 21 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Whitin, et al., US 20040176683 A1 in view of Mantri, et al., US 20200360100 A1 and Gloeggler, et al, US 20110212426 A1, as applied to claim 16 and 26, respectively above, and further in view of Kay, et al., US 20240366238 A1.
With respect to claims 21 and 28, Whitin in view of Mantri and Gloeggler teaches all the limitations of claims 16 and 26, respectively.
Whitin in view of Mantri and Gloeggler fails to teach wherein the angular orientation of the distal tip is determined via a sensor fusing technology.
However, within the same field of endeavor, Kay teaches using forward kinematic equations calculated on a microcomputer to provide a real-time display of the 3-linear position and 2-angular orientation of a hand-held medical instrument which is linked by a draw wire or a virtual draw wire to a gimbal so as to measure the angle and distance of the instrument from a fixed point (abstract and fig. 1) wherein the angular orientation of the distal tip is determined via a sensor fusing technology ([0061] states that the drill bit, that is the hand-held medical instrument also has a k-wire/drill bit position sensor 17′ which provides a measurement of the extension of the drill bit relative to the tool handle. The drill bit position sensor 17′ uses a rotating wheel attached to a rotary shaft encoder that tracks the linear position of the drill bit as it is extended or retracted. [0060] further includes that the hand-held medical instrument includes IMU 19 and then states that “The draw-wire encoder 40 also is fitted with an IMU #242 to provide the azimuth and elevation angles that are transmitted to the MCU #243 via wires and then to a PC controller 46 which performs calculations in software to fuse the data generated by the OTOF sensors, the two IMUs, and the draw-wire sensor into a real-time display of the positional information for the surgeon to use as feedback of the tool tip 18 position.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Whitin as modified by Mantri and Gloeggler, wherein the angular orientation of the distal tip is determined via a sensor fusing technology, as taught by Kay, to provide an accurate real-time positional determination in three dimensions of a surgical instrument workpiece relative to the end point or pathway within the patient body (i.e., the “optimal course” or “work path” of the instrument workpiece) in the operating room, for procedures including, among other things, drilling, cutting, boring, planning, sculpting, milling, debridement, where the accurate positioning of the tool workpiece during use minimizes errors by providing real time positional feedback information during surgery and, in particular, to the surgeon performing the procedure ([0013]).
Claims 22 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Whitin, et al., US 20040176683 A1 in view of Mantri, et al., US 20200360100 A1 and Gloeggler, et al, US 20110212426 A1, as applied to claim 16 and 26, respectively above, and further in view of Incesu, et al., US 20140198852 A1.
With respect to claims 22 and 29, Whitin in view of Mantri and Gloeggler teaches all the limitations of claim 16, and 26, respectively.
Whitin in view of Mantri and Gloeggler fails to teach wherein the location of the distal tip is determined by performing a motion decomposition of the angular orientation and calculating an integral of the decomposed motion; and wherein the processor determines the location of the distal tip by performing a motion decomposition of the angular orientation and calculating an integral of the decomposed motion.
However, Incesu teaches a method for stabilizing a first sequence of digital image frames is provided including determining a dominant motion vector of a dominant motion layer of said sequence (abstract), wherein the location of the distal tip is determined by performing a motion decomposition of the angular orientation and calculating an integral of the decomposed motion; and wherein the processor determines the location of the distal tip by performing a motion decomposition of the angular orientation and calculating an integral of the decomposed motion ([0086] states that “The output of a local motion estimator (LME) 1002 is used by a dominant motion estimation (DME) unit 1004 to estimate inter-frame motion. Motion decomposition is performed by a motion decomposition (MD) unit 1010. To correct for rolling shutter wobble a motion interpolation (MI) unit 1006 is used integrated with dominant motion estimation and to adapt the frame renderer (FR) 208 to align each scan-lines.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Whitin as modified by Mantri and Gloeggler, wherein the location of the distal tip is determined by performing a motion decomposition of the angular orientation and calculating an integral of the decomposed motion; and wherein the processor determines the location of the distal tip by performing a motion decomposition of the angular orientation and calculating an integral of the decomposed motion, as taught by Incesu, to for provide an improved method for stabilizing images ([0006]-[0007]).
Conclusion
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
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