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 .
Status of the Claims
Claims 1-20 are currently pending in the present application, with claims 1, 8, and 15 being independent.
Response to Amendments / Arguments
Applicant's arguments, see Pg. 12, filed 06/23/2026, have been fully considered but they are not persuasive.
Applicant argues: Poltaretskyi fails to disclose performing a comparison of a virtually installed digital model to an implantation plan and updating the implantation plan based on the comparison, and further asserts Poltaretskyi is directed to a user modifying a surgical plan or a computing device modifying a surgical plan during surgery based on actual anatomical visualization.
Examiner replies: that Poltaretskyi expressly discloses using the virtual 3D bone and implant models to simulate ranges of motion before implementation of the surgical plan (Par. 0237-0242, Fig. 11A; “Planning” page launches a range-of-motion mode in which the user can test or confirm the selection, placement and/or positioning of the implant components 1010 by simulating various different motions of the anatomy with the prosthetic implant implanted according to the preoperative surgical plan for the patient…The impingement angles represent angles determined for a given virtual surgical plan, including implant components, along with component size, position and angle, specified by the virtual surgical plan). Poltaretskyi further states that the simulated ranges of motion are used to “confirm the surgical plan or may lead the surgeon to update or modify the preoperative surgical plan,” (Par. 0240-0242; Visualization of the simulated ranges of motion using MR system 212 can help the surgeon confirm the surgical plan or may lead the surgeon to update or modify the preoperative surgical plan…If a bony impingement (i.e., a collision) occurs at an angle within the normal range of motion for a patient, this may indicate to the surgeon that a change in certain parameters of the surgical plan (e.g., size, type, position or orientation of implant components) may be needed…). Thus, the simulated configuration of the virtually positioned implant is evaluated against the parameters specified by the virtual surgical plan, and the implantation plan is confirmed or updated based on the result of the evaluation. The claim does not require any particular comparison or require that the comparison be performed without user or computing device involvement. Accordingly, Poltaretskyi expressly discloses “after virtual installation of the digital model within the digital anatomical model, performing a comparison of the virtually installed digital model to the implantation plan, and updating the implantation plan based on the comparison…”.
Applicant’s arguments, see Pg. 12-13, filed 06/23/2026, with respect to claim(s) 1-20 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.
Regarding the remaining arguments: Applicant argues with respect to the amended claim language, which is fully addressed in the prior art rejections set forth below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-2, 4-9, 11-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poltaretskyi et al. (WO 2019245864), hereinafter referred to as “Poltaretskyi”, in view of Lang (WO 2019148154 A1).
Regarding claim 1, Poltaretskyi discloses an extended-reality (XR) computer-implemented method comprising:
generating an XR environment comprising a digital anatomical model representing anatomical features (Par. 0169; XR…Par. 0172; Visualization tools are available that utilize patient image data to generate three-dimensional models of bone contours…Par.0188; user can manipulate the user interface…to request and view details of the surgical plan for the particular patient, including a 3D virtual model of the anatomy of interest…and/or a 3D model of the prosthetic component selected to repair an anatomy of interest…Par. 0322; MR system 212 may present 3D virtual objects such that the objects appear to reside within a real environment, e.g., with real anatomy of a patient…virtual images of the surgical plan may include one or more of the 3D virtual model of the anatomy of interest, a 3D model of the prosthetic component selected to repair the anatomy of interest…), the XR environment configured to enable virtual positioning and assembly of digital models of surgical implants in the digital anatomical model (Par. 0163; A surgical plan, e.g., as generated by the BLUEPRINT™ system or another surgical planning platform, may include information defining a variety of features of a surgical procedure, such as features of particular surgical procedure steps to be performed on a patient by a surgeon according to the surgical plan including, for example, bone or tissue preparation steps and/or steps for selection, modification and/or placement of implant components. Such information may include, in various examples, dimensions, shapes, angles, surface contours, and/or orientations of implant components to be selected or modified by surgeons, dimensions, shapes, angles, surface contours and/or orientations to be defined in bone or tissue by the surgeon in bone or tissue preparation steps, and/or positions, axes, planes, angle and/or entry points defining placement of implant components by the surgeon relative to patient bone or tissue…Par. 0172; The surgeon can use the BLUEPRINT™ system to select, design or modify appropriate implant components, determine how best to position and orient the implant components and how to shape the surface of the bone to receive the components, and design, select or modify surgical guide tool(s) or instruments to carry out the surgical plan…Par. 0184; 3D virtual image of the prosthetic implant components selected for the surgical plan, 3D virtual images of entry points for positioning the prosthetic components, alignment axes and cutting planes for aligning cutting or reaming tools to shape the bone surfaces, or drilling tools to define one or more holes in the bone surfaces, in the surgical procedure to properly orient and position the prosthetic components, surgical guides and instruments and their placement on the damaged joint…Par. 0188; 3D virtual model of the anatomy of interest (e.g., a 3D virtual bone model of the anatomy of interest, such as a glenoid bone or a humeral bone) and/or a 3D model of the prosthetic component selected to repair an anatomy of interest…Par. 0235-236; 3D virtual bone model 1008 and the 3D model of the implant components 1010);
virtually positioning a digital model of a surgical implant including a first digital model component and a second digital model component in the digital anatomical model (Par. 0184; 3D virtual image of the prosthetic implant components selected for the surgical plan, 3D virtual images of entry points for positioning the prosthetic components, alignment axes and cutting planes for aligning cutting or reaming tools to shape the bone surfaces, or drilling tools to define one or more holes in the bone surfaces, in the surgical procedure to properly orient and position the prosthetic components, surgical guides and instruments and their placement on the damaged joint…Par. 0244; the computing system may also generate, based on a set of surgical parameters, a 3D virtual implant model for the joint (1110)…The set of surgical parameters may indicate sizes, shapes, positions, or other aspects of components of one or more components of an implant for the joint. Generating the 3D virtual implant model may comprise selecting and arranging virtual objects that correspond to components of the implant that have the sizes indicated by the set of surgical parameters. Par. 0188; 3D virtual model of the anatomy of interest (e.g., a 3D virtual bone model of the anatomy of interest, such as a glenoid bone or a humeral bone) and/or a 3D model of the prosthetic component selected to repair an anatomy of interest…Par. 0235-236; 3D virtual bone model 1008 and the 3D model of the implant components 1010. Par. 0243-0244; In an example where the joint is a shoulder joint, the 3D virtual implant model may include a ball component, a cup component, and a humeral stem component, as shown in FIG. 11 A. Virtual implant models for other joints or other surgeries on the shoulder joint may include different components);
generating an implantation plan for assembling the surgical implant within an anatomy of a patient, wherein the surgical implant includes a first surgical implant component corresponding to the first digital model component and a second surgical implant component corresponding to the second digital model component (Par. 0162-0163; mixed reality (MR) visualization system to assist with creation, implementation, verification, and/or modification of a surgical plan before and during a surgical procedure… A surgical plan, e.g., as generated by the BLUEPRINT™ system or another surgical planning platform, may include information defining a variety of features of a surgical procedure, such as features of particular surgical procedure steps to be performed on a patient by a surgeon according to the surgical plan including… for example, bone or tissue preparation steps and/or steps for selection, modification and/or placement of implant components. Such information may include, in various examples, dimensions, shapes, angles, surface contours, and/or orientations of implant components to be selected or modified by surgeons, dimensions, shapes, angles, surface contours and/or orientations to be defined in bone or tissue by the surgeon in bone or tissue preparation steps, and/or positions, axes, planes, angle and/or entry points defining placement of implant components by the surgeon relative to patient bone or tissue. Par. 0172; The surgeon can use the BLUEPRINT™ system to select, design or modify appropriate implant components, determine how best to position and orient the implant components and how to shape the surface of the bone to receive the components, and design, select or modify surgical guide tool(s) or instruments to carry out the surgical plan. The information generated by the BLUEPRINT™ system is compiled in a preoperative surgical plan for the patient that is stored in a database…including before and during the actual surgery. Par. 0184; Par. 0184; MR system 212 can be used by a surgeon before (e.g., preoperatively) or during the surgical procedure (e.g., intraoperatively) to create, review, verify, update, modify and/or implement a surgical plan…3D virtual image of the prosthetic implant components selected for the surgical plan, 3D virtual images of entry points for positioning the prosthetic components, alignment axes and cutting planes for aligning cutting or reaming tools to shape the bone surfaces, or drilling tools to define one or more holes in the bone surfaces, in the surgical procedure to properly orient and position the prosthetic components, surgical guides and instruments and their placement on the damaged joint, and any other information that may be useful to the surgeon to implement the surgical plan. MR system 212 can generate images of this information that are perceptible to the user of the visualization device 213 before and/or during the surgical procedure. Par. 0244; a 3D virtual implant model for the joint (1110). In an example where the joint is a shoulder joint, the 3D virtual implant model may include a ball component, a cup component, and a humeral stem component, as shown in FIG. 11 A. Virtual implant models for other joints or other surgeries on the shoulder joint may include different components…Par. 0322-0324; MR system 212 may output, for viewing by a user, virtual images of the virtual surgical plan projected within a real environment, where the virtual images of the virtual surgical plan including the 3D virtual model of the anatomy of interest. In this example, the virtual images of the surgical plan may include one or more of the 3D virtual model of the anatomy of interest, a 3D model of the prosthetic component selected to repair the anatomy of interest, and virtual images of a surgical workflow to repair the anatomy of interest…);
performing a virtual simulation for virtually installing the digital model in the digital anatomical model (Par. 0237-0240, and Fig. 11A; selection of range-of-motion icon 1102 on navigation bar 1012 of the "Planning" page launches a range-of-motion in which the user can test or confirm the selection, placement and/or positioning of the implant components 1010 by simulating various different motions of the anatomy with the prosthetic implant implanted…MR system 212 may present an animation of the humerus of 3D virtual model 1008 moving in each of the movement types listed in range-of-motion menu 1104…the impingement angles represent angles determined for a given virtual surgical plan, including implant components, along with component size, position and angle, specified by the virtual plan…Visualization of the simulated ranges of motion using MR system 212…Par. 0245; the computing system may determine the impingement angles by moving components of the 3D virtual bone model and 3D virtual implant model and detecting where collisions between virtual objects in the 3D virtual bone model and 3D virtual implant model occur. Par. 0322-0324; The steps of the virtual surgical plan projected on the real anatomy of interest include identification of an entry point for positioning a prosthetic implant to repair the real anatomical feature of interest…), wherein the virtual simulation includes:
(Par. 0244; a 3D virtual implant model for the joint (1110). In an example where the joint is a shoulder joint, the 3D virtual implant model may include a ball component, a cup component, and a humeral stem component, as shown in FIG. 11 A. Virtual implant models for other joints or other surgeries on the shoulder joint may include different components…Par. 0330; glenoid implant…humeral implant…Par. 0331; glenoid implant…screws. Par. 0332-0333; humerus implant…glenoid implant), wherein the assembling is performed using an XR device displaying an augmented-reality (AR) environment mapped to the anatomical features (Par. 0169; XR…Par. 0246; A MR visualization device, such as visualization device 213 (FIG. 2), may present a MR visualization that includes the 3D virtual bone model, the 3D virtual implant model, and visual elements indicating a plurality of impingement angles (1114));
after virtual installation of the digital model within the digital anatomical model, performing a comparison of the virtually installed digital model to the implantation plan (Par. 0237-0242, Fig. 11A; “Planning” page launches a range-of-motion mode in which the user can test or confirm the selection, placement and/or positioning of the implant components 1010 by simulating various different motions of the anatomy with the prosthetic implant implanted according to the preoperative surgical plan for the patient…The impingement angles represent angles determined for a given virtual surgical plan, including implant components, along with component size, position and angle, specified by the virtual surgical plan);
and updating the implantation plan based on the comparison (Par. 0240-0242; Visualization of the simulated ranges of motion using MR system 212 can help the surgeon confirm the surgical plan or may lead the surgeon to update or modify the preoperative surgical plan…If a bony impingement (i.e., a collision) occurs at an angle within the normal range of motion for a patient, this may indicate to the surgeon that a change in certain parameters of the surgical plan (e.g., size, type, position or orientation of implant components) may be needed…)
Poltaretskyi does not appear to explicitly disclose moving the first digital model component along a first virtual path into the digital anatomical model, after moving the first digital model component into the digital anatomical model, moving the second digital model component along a second virtual path into the digital anatomical model, and updating the implantation plan based on the comparison by updating at least one of a first path of the first surgical implant component, a second path of the second implant component, an implant component sequence, an implant component timing, or a tool path.
In the same art of orthopedic surgical planning using virtual anatomical representations in an AR environment, Lang discloses moving the first digital model component along a first virtual path into the digital anatomical model (Fig. 43-AB, Fig. 45A-E and Pg. 11, lines 6-23; user interface and the at least one computer is configured to move the first virtual implant component in relationship to the first anatomic structure, the second virtual implant component in relationship to the second anatomic structure or a combination thereof by the user interface…the first and/or second virtual implant component is a virtual trial implant. Pg. 17-18; performing a surgical step or surgical procedure with visual guidance using an optical head mounted display….virtual trial implant, virtual implant component, virtual implant or virtual device, a predetermined start point…predetermined intermediate point(s)….predetermined end point…predetermined path…Pg. 35, lines 4-7; Aspects of the invention relates to devices, systems and methods for positioning a virtual path, virtual plane, virtual tool, virtual surgical instrument or virtual implant component in a mixed reality environment using a head mounted display device…), after moving the first digital model component into the digital anatomical model (Pg. 23, lines 10-24; method comprises moving the three-dimensional graphical representation of the first prosthesis to align with…geometry, shape, or surface of one or more structures of the physical joint…visually evaluating the fit or alignment between the three-dimensional graphical representation of the first prosthesis and the one or more of…structures of the physical joint…repeating the steps of displaying, optionally moving and visually evaluating…of one or more additional prostheses, wherein the one or more additional physical prostheses have one or more of a different dimension…geometry shape or surface than the first and subsequently evaluated prosthesis…subsequently evaluated prosthesis…), moving the second digital model component along a second virtual path into the digital anatomical model (Fig. 43-AB, Fig. 45A-E and Pg. 11, lines 6-23; user interface and the at least one computer is configured to move the first virtual implant component in relationship to the first anatomic structure, the second virtual implant component in relationship to the second anatomic structure or a combination thereof by the user interface…the first and/or second virtual implant component is a virtual trial implant. Pg. 17-18; performing a surgical step or surgical procedure with visual guidance using an optical head mounted display….virtual trial implant, virtual implant component, virtual implant or virtual device, a predetermined start point…predetermined intermediate point(s)….predetermined end point…predetermined path…Pg. 35, lines 4-7; Aspects of the invention relates to devices, systems and methods for positioning a virtual path, virtual plane, virtual tool, virtual surgical instrument or virtual implant component in a mixed reality environment using a head mounted display device…),
and updating the implantation plan based on the comparison by updating at least one of a first path of the first surgical implant component, a second path of the second implant component, an implant component sequence, an implant component timing, or a tool path (Fig. 10-14, Fig. 45A-E and Pg. 3-6; modify the position and/or orientation of the display of the first virtual implant component relative to the first articular surface, the position and/or orientation of the display of the second virtual implant component relative to the second articular surface…facilitate moving the first virtual implant component in relationship to the first articular surface, the second virtual implant component in relationship to the second articular surface…Pg. 8-12; modify the position and/or orientation of the display of the first virtual implant component relative to the first anatomical structure of the physical join, the second virtual implant component relative to the second anatomic structure of the physical joint…configured to change the position or orientation of the display of the first and/or the second virtual implant components relative to the predetermined…move the first virtual implant component in relationship to the first anatomic structure, the second virtual implant component in relationship to the second anatomic structure…).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Poltaretskyi’s XR surgical planning simulation system with the virtual implant movement and virtual pathing of Lang. Both references use registered virtual implant representations in an XR/MR environment to assist surgical planning and implant positioning, and doing so would have allowed multiple virtual implant components to be moved along respective planned virtual paths within the digital anatomical model, yielding predictable results in improved visualization, control of component placement, improving clarity in surgical guidance, and facilitating accurate implementation of the implantation plan.
Regarding claim 2, Poltaretskyi in view of Lang discloses the method of claim 1, and Poltaretskyi further discloses comprising performing confidence-score AR mapping of the AR environment to the anatomical features to meet a confidence threshold for assembling the first and second surgical implant components (Par. 0309-0311; confidence distance).
Poltaretskyi and Lang are combined for the reasons set forth above with respect to claim 1.
Regarding claim 4, Poltaretskyi in view of Lang discloses the method of claim 1, and Poltaretskyi further discloses comprising repeatedly performing virtual simulations for virtually installing the digital model using different tool paths and insertion parameters until the virtual simulation meets approval criteria (Par. 0184; MR system 212 can be used by a surgeon before (e.g., preoperatively) or during the surgical procedure (e.g., intraoperatively) to create, review, verify, update, modify and/or implement a surgical plan…prosthetic implant components selected for the surgical plan, 3D virtual images of entry points for positioning the prosthetic components, alignment axes and cutting planes for aligning cutting or reaming tools to shape the bone surfaces, or drilling tools to define one or more holes in the bone surfaces, in the surgical procedure to properly orient and position the prosthetic components…Par. 0237-0240 and Fig. 11A; placement and/or positioning of the implant components 1010 by simulating various different motions of the anatomy with the prosthetic implant implanted according to the preoperative surgical plan for the patient).
Poltaretskyi and Lang are combined for the reasons set forth above with respect to claim 1.
Regarding claim 5, Poltaretskyi in view of Lang discloses the method of claim 1, and Poltaretskyi further discloses comprising performing a plurality of virtual simulations for virtually installing the digital model, wherein the implantation plan is generated based on the plurality of virtual simulations (Par. 0237-0245; Visualization of the simulated ranges of motion using MR system 212 can help the surgeon confirm the surgical plan or may lead the surgeon to update or modify the preoperative surgical plan).
Poltaretskyi and Lang are combined for the reasons set forth above with respect to claim 1.
Regarding claim 6, Poltaretskyi in view of Lang discloses the method of claim 1, and Poltaretskyi further discloses comprising mapping the AR environment to the anatomical features using a machine-learning platform (Par. 0211; the sensor data can be processed using a Simultaneous Localization and Mapping (SLAM) algorithm, or other known or future-developed algorithms for processing and mapping 2D and 3D image data and tracking the position of visualization device 213 in the 3D scene. In some examples, image tracking may be performed using sensor processing and tracking functionality provided by the Microsoft HOLOLENS™ system, e.g., by one or more sensors and processors 514 within a visualization device 213. Par. 0283; MR system 212 may use a machine learned model (i.e., use machine learning, such as a random forest algorithm) to process the image data and identify the location of the anatomy of interest), wherein the machine-learning platform comprises a plurality of surgery-type-specific machine learning modules to be applied to image data of the patient to provide anatomical surgery-type mapping (Par. 0196; changes made during the manual correction step may be used as training data to refine the machine learning techniques applied by virtual planning system 102 during the automatic processing step. Par. 0613-617; machine learning to learn and predict where a surgeon is within the given surgical procedure (e.g., which step) in order to predict the next step (by identifying the current step of a surgical plan) and to predict the next surgical item that is needed (based on the current step or the current surgical item being used)…By implementing a machine learning algorithm, processing device 8304 (or visualization device 213) may be configured to predict surgical items needed for a procedure following an interoperative change to that procedure…)
Poltaretskyi and Lang are combined for the reasons set forth above with respect to claim 1.
Regarding claim 7, Poltaretskyi in view of Lang discloses the method of claim 1, and Poltaretskyi further discloses retrieving modeling parameters for generating the digital anatomical model (Par. 0178; a storage system 206, and a network 208 that allows a user at healthcare facility 204 to access stored patient information, such as medical history, image data corresponding to the damaged joint or bone and various parameters corresponding to a surgical plan that has been created preoperatively (as examples)),
generating the digital anatomical model according to the modeling parameters (Par. 0243; a computing system, such as MR system 212 or preoperative surgical planning system 202 (FIG. 2) may generate, based on medical images of a patient, a 3-dimensional (3D) virtual model of a joint of the patient (1108). The joint may be various types of joints, such as the shoulder joint, ankle, knee, elbow, or wrist),
identifying the anatomical features within the digital anatomical model (Par. 0861; computing system 12202 may segment the medical images to identify internal structures of the current patient, such as soft tissue and bone. For instance, in one example, computing system 12202 may apply an artificial neural network trained to identify portions of medical images that correspond to bones or soft tissue);
and assigning anatomical characteristics to the identified anatomical features for display within the AR environment (FIG. 10-11A; example UI of a MR system. Par. 0184; MR system 212 may include a visualization device 213 that may be worn by the surgeon and (as will be explained in further detail below) is operable to display a variety of types of information, including a 3D virtual image of the patient’s diseased, damaged, or postsurgical joint and details of the surgical plan, such as a 3D virtual image of the prosthetic implant components selected for the surgical plan, 3D virtual images of entry points for positioning the prosthetic components, alignment axes and cutting planes for aligning cutting or reaming tools to shape the bone surfaces, or drilling tools to define one or more holes in the bone surfaces, in the surgical procedure to properly orient and position the prosthetic components, surgical guides and instruments and their placement on the damaged joint, and any other information that may be useful to the surgeon to implement the surgical plan. MR system 212 can generate images of this information that are perceptible to the user of the visualization device 213 before and/or during the surgical procedure).
Poltaretskyi and Lang are combined for the reasons set forth above with respect to claim 1.
Regarding claim 8, claim 8 is the system claim (Par. 0178-0183 and Fig. 2; Processing device(s) 210) of method claim 1, and is accordingly rejected using substantially similar rationale as to that which is set for with respect to claim 1.
Regarding claim 9, claim 9 has similar limitations as of claim 2, except it is a system claim (Par. 0178-0183 and Fig. 2; Processing device(s) 210), therefore it is rejected under the same rationale as claim 2.
Regarding claim 11, claim 11 has similar limitations as of claim 4, except it is a system claim (Par. 0178-0183 and Fig. 2; Processing device(s) 210), therefore it is rejected under the same rationale as claim 4.
Regarding claim 12, claim 12 has similar limitations as of claim 5, except it is a system claim (Par. 0178-0183 and Fig. 2; Processing device(s) 210), therefore it is rejected under the same rationale as claim 5.
Regarding claim 13, claim 13 has similar limitations as of claim 6, except it is a system claim (Par. 0178-0183 and Fig. 2; Processing device(s) 210), therefore it is rejected under the same rationale as claim 6.
Regarding claim 14, claim 14 has similar limitations as of claim 7, except it is a system claim (Par. 0178-0183 and Fig. 2; Processing device(s) 210), therefore it is rejected under the same rationale as claim 7.
Regarding claim 15, claim 15 is the CRM claim (Par. 0178-0183 and Fig. 2; Storage device(s) (M) 215 and storage system 206) of method claim 1, and is accordingly rejected using substantially similar rationale as to that which is set for with respect to claim 1.
Regarding claim 16, claim 16 has similar limitations as of claim 2, except it is a CRM claim (Par. 0178-0183 and Fig. 2; Storage device(s) (M) 215 and storage system 206), therefore it is rejected under the same rationale as claim 2.
Regarding claim 18, claim 18 has similar limitations as of claim 4, except it is a CRM claim (Par. 0178-0183 and Fig. 2; Storage device(s) (M) 215 and storage system 206), therefore it is rejected under the same rationale as claim 4.
Regarding claim 19, claim 19 has similar limitations as of claim 5, except it is a CRM claim (Par. 0178-0183 and Fig. 2; Storage device(s) (M) 215 and storage system 206), therefore it is rejected under the same rationale as claim 5.
Regarding claim 20, claim 20 has similar limitations as of claim 6, except it is a CRM claim (Par. 0178-0183 and Fig. 2; Storage device(s) (M) 215 and storage system 206), therefore it is rejected under the same rationale as claim 6.
Claim(s) 3, 10, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poltaretskyi in view Lang, and in view of Quiròs et al. (WO 2017175055), hereinafter referred to as “Quiròs”.
Regarding claim 3, Poltaretskyi in view of Lang discloses the method of claim 1, and Poltaretskyi further discloses segmenting image data of the patient to identify the anatomical features (Par. 0861; computing system 12202 may segment the medical images to identify internal structures of the current patient, such as soft tissue and bone. For instance, in one example, computing system 12202 may apply an artificial neural network trained to identify portions of medical images that correspond to bones or soft tissue), and
performing a virtual-reality (VR) simulation (Par. 0787; the orthopedic surgeon may use the VR visualization device to perform a simulation of the orthopedic surgery) with one or more anatomical identification prompts (Fig. 12 and Par. 0236; icons 1218 and 1220. Fig. 15A; menu 1510).
Poltaretskyi does not disclose to label the anatomical features.
In the same art of medical imaging systems, Quiròs discloses to label the anatomical features (Par. 00106 and Fig. 14B).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of the combined AR surgical system of Poltaretskyi and Lang with Quiròs labelling of anatomical features. The motivation lies in the advantage of providing users with clarity and accuracy of anatomical information, allowing users to not only identify the anatomical regions, but also to interactively label them in a virtual environment. This combination yields a predictable enhancement for improving visual comprehension and user experience in simulation-based training and planning tools.
Regarding claim 10, claim 10 has similar limitations as of claim 3, except it is a system claim (Poltaretskyi Par. 0178-0183 and Fig. 2; Processing device(s) 210), therefore it is rejected under the same rationale as claim 3.
Regarding claim 17, claim 17 has similar limitations as of claim 3, except it is a CRM claim (Poltaretskyi Par. 0178-0183 and Fig. 2; Storage device(s) (M) 215 and storage system 206), therefore it is rejected under the same rationale as claim 3.
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 JENNY NGAN TRAN whose telephone number is (571)272-6888. The examiner can normally be reached Mon-Thurs 8am-5pm.
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/JENNY N TRAN/Examiner, Art Unit 2615
/YANNA WU/Primary Examiner, Art Unit 2615
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