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 .
Response to Amendment
This communication is filed in response to the action filed on 01/07/2026.
Claims 1-20 are currently pending.
Response to Arguments
Applicant’s arguments filed on 01/07/2026 on pages 1-4, under REMARKS with respect to 35
U.S.C. 102 and 103 claim rejections to claims 1-20 have been fully considered and are persuasive. The rejections to the claims have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2024/0420332 A1.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 9-10, 13, 15-20 are rejected under 35 § U.S.C. 102(a)(2) as being anticipated by US 2024/0420332 A1 to YANG et al. (hereinafter “YANG”).
As per claim 1, YANG discloses a computer-implemented method for medical imaging reconstruction of a subject’s anatomy (a computing system for performing a medical image processing method to compare difference(divergence) of two imaging modalities; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0089-0090], [0094], [0116]), comprising: monitoring first medical imaging data of the subject’s anatomy and second medical imaging data of the subject’s anatomy (the computing system as seen in figure 6A-C includes a first and second subsets of medical imaging data captured using two different modalities; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]), wherein: the first medical imaging data is captured from within the subject’s anatomy by at least one first medical imaging device (a first modality of x-ray capturing structures within the subjects anatomy; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]); the second medical imaging data is captured from outside of the subject’s anatomy by at least one second medical imaging device (the second imaging device is an optical imaging device adapted to capture outside of the body anatomical features as optical images of the ROIs; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]); and at least one of the first medical imaging device or the second medical imaging device is operable to selectively target different regions of the subject’s anatomy (the imaging devices are equipped to target a plurality of ROIs of the subjects anatomy and anatomical regions; fig 8; paragraphs [0139-0151]); and in response to detecting, based on the monitoring, a divergence in the first medical imaging data and the second medical imaging data above a predetermined threshold (the computing system is further adapted to measure loss between the imaging types by determining a difference compared to a threshold of image features in a region of interest and wherein feature values of points in the region may be greater or smaller than a threshold; paragraphs [0085], [0089], [0134-0136], [0154-0155]), updating a medical imaging reconstruction of the subject’s anatomy that is based on the first medical imaging data and the second medical imaging data (an overall medical model constructed from the medical images may be updated and have its parameters adjusted according to the difference calculated between the imaging types and may adjust the parameters accordingly to create a more accurate model representation; paragraphs [0092], [0133-0136]).
As per claim 2, YANG discloses the computer-implemented method of claim 1, wherein updating the medical imaging reconstruction of the subject’s anatomy includes: causing the at least one of the first medical imaging device or the second medical imaging device to acquire first or second medical imaging data (the optical sensor and the x-ray sensor are both adapted to upon command from the computer and corresponding computing interface operated by the user capture the medical images in the two separate modalities; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]), respectively, from at least one region of the subject’s anatomy such that the acquisition causes a reduction in the divergence (the loss functions and difference calculation is done in order to determine feature values and minimize the loss or difference produced by the imaging types; paragraphs [0054], [0087], [0092-0095]); and modifying the medical imaging reconstruction of the subject’s anatomy based on the acquired first or second medical imaging data (the resulting medical imaging model of the subject anatomy is adjusted based on the calculated difference and a related threshold feature value, wherein parameters of the model are easily changed or adjusted by the user; paragraphs [0092], [0133-0136]).
As per claim 3, YANG discloses the computer-implemented method of claim 2, wherein causing the at least one of the first medical imaging device or the second medical imaging device to reacquire first or second medical imaging data, respectively, includes operating an actuator configured to one or more of reposition or reorient the at least one of the first medical imaging device or the second medical imaging device so that the at least one of the first medical imaging device or the second medical imaging device is targeting the at least one region of the subject’s anatomy (the computers input/output peripherals would include a mouse and or actuation device which allows the user to control and position various components of the system over the provided user interface; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116], [0166]).
As per claim 4, YANG discloses the computer-implemented method of claim 3, wherein: the at least one region of the subject’s anatomy includes a plurality of regions (the system is adapted to image anatomy of the subject of multiple regions of interest ROIs; paragraphs [0092], [0133-0136], [0155], [0166]); and the actuator is operated so that the first or second medical imaging data is reacquired for the plurality of regions according to one or more of a random or pseudo-random pattern, a linear pattern, a tilt pattern, a rotational pattern, or an obstacle-avoidance protocol based on a signal from a force transducer associated with the actuator (the computers input/output peripherals would include a mouse and or actuation device which allows the user to control and position various components of the system over the provided user interface and would allow for actuation of the imaging devices in a random way as desired by movement of the input device such as a mouse; paragraphs [0092], [0133-0136], [0166]).
As per claim 6, YANG discloses the computer-implemented method of claim 1, wherein the divergence in the first medical imaging data and the second medical imaging data is based on a distance between one or more of: a first region of the subject’s anatomy targeted by the first medical imaging device and a second region of the subject’s anatomy targeted by the second medical imaging device (feature information which may be compared to a threshold to determine if the second scan should take place is able to include first feature information may include a shape, a length, a tortuosity, a proximal end, a distal end, a stenosis degree, etc., of a blood vessel of the target subject; paragraphs [0139-0154]); or a first location of the first medical imaging device and a second location of the second medical imaging device (positioning information of the ROI refers to information that can position the ROI in the target subject for example, the positioning information may include a location (e.g., coordinates), a contour, a shape, a height, a width, a thickness, an area, a volume, a ratio of height to width, or the like, or any combination thereof, of the ROI in the target subject; paragraph [0082]).
As per claim 9, YANG discloses the computer-implemented method of claim 1, wherein the divergence in the first medical imaging data and the second medical imaging data is based on an extent of time elapsed since (a) one or more of the first medical imaging data was captured by the first medical imaging device or (b) the second medical imaging data was captured by the second medical imaging device (the medical images are captured in time series which would allow for the images of either modality the first or second to be captured and have the extent of time tracked over standardized time series time periods; paragraphs [0050-0051], and [0057]).
As per claim 10, YANG discloses the computer-implemented method of claim 1, further comprising: generating the medical imaging reconstruction of the subject’s anatomy based on the first medical imaging data and the second medical imaging data (the reconstruction model is based on the captured first and second subset of images captured from the two imaging types; paragraphs [0092], [0133-0136], [0166]); and causing a display to output a visual depiction of at least a portion of the medical imaging reconstruction (the computing system is adapted to display via a display the medical image reconstruction/model; paragraphs [0079], [0092], [0133-0136], [0166]).
As per claim 13, YANG discloses the computer-implemented method of claim 10, further comprising: obtaining a prior medical imaging reconstruction of the subject’s anatomy based on third medical imaging data captured by a third medical imaging device (the reconstruction model is based on the captured first and second subset of images captured from the two imaging types; paragraphs [0092], [0133-0136], [0166]); determining a registration of the medical imaging reconstruction with the prior medical imaging reconstruction (feature information which may be compared to a threshold to determine if the second scan should take place is able to include first feature information may include a shape, a length, a tortuosity, a proximal end, a distal end, a stenosis degree, etc., of a blood vessel of the target subject and is applied to the reconstruction as a registration of the updated feature data determined during analysis; paragraphs [0139-0154]); and causing the display to output a visual depiction of the prior medical imaging reconstruction in conjunction with the at least portion of the medical imaging reconstruction based on the determined registration (the computing system is adapted to display via a display the medical image reconstruction/model; paragraphs [0079], [0092], [0133-0136], [0166]).
As per claim 15, YANG discloses the computer-implemented method of claim 1, wherein the at least one first medical imaging device includes one or more of an ultrasound transducer, a parallel or phased array transducer, an optical coherence tomography device, or an optical sensor (one of the two imaging types is an optical image captured via an optical image sensor/camera; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0089-0090], [0094], [0116]).
As per claim 16, YANG discloses the computer-implemented method of claim 1, wherein the at least one second medical imaging device includes one or more of an ultrasound transducer, an array of ultrasound transducers, an X-ray device, or a computed tomography device (the second imaging type is adapted to be performed via an x-ray imaging sensor; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0089-0090], [0094], [0116]).
As per claim 17, YANG discloses a system for medical imaging reconstruction of a subject’s anatomy (a computing system for performing a medical image processing method to compare difference(divergence) of two imaging modalities; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0089-0090], [0094], [0116]), comprising: a memory storing instructions (the computing system comprising a memory component to store data, programs, and instructions and be executed by a processing unit; fig 10; paragraph [0060-0065]); a first medical imaging device configured to capture first medical imaging data from within the subject’s anatomy (a first modality of x-ray capturing structures within the subjects anatomy; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]); a second medical imaging device configured to capture second medical imaging data from outside of the subject’s anatomy (the second imaging device is an optical imaging device adapted to capture outside of the body anatomical features as optical images of the ROIs; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]), wherein at least one of the first medical imaging device or the second medical imaging device is operable to selectively target different regions of the subject’s anatomy (the imaging devices are equipped to target a plurality of ROIs of the subjects anatomy and anatomical regions; fig 8; paragraphs [0139-0151]); and a processor that is operatively connected to the memory, the first medical imaging device, and the second medical imaging device, and that is configured to execute the instructions to perform operations (the computing system comprising a memory component to store data, programs, and instructions and be executed by a processing unit; fig 10; paragraph [0060-0065]), including: monitoring first medical imaging data of the subject’s anatomy and second medical imaging data of the subject’s anatomy (the computing system is adapted to monitor the regions of interest of the subject anatomy by capturing pictures using the two modalities described above; paragraphs [0085], [0089], [0134-0136], [0154-0155]); and in response to detecting, based on the monitoring, a divergence in the first medical imaging data and the second medical imaging data above a predetermined threshold (the computing system is further adapted to measure loss between the imaging types by determining a difference compared to a threshold of image features in a region of interest and wherein feature values of points in the region may be greater or smaller than a threshold; paragraphs [0085], [0089], [0134-0136], [0154-0155]), updating a medical imaging reconstruction of the subject’s anatomy that is based on the first medical imaging data and the second medical imaging data (an overall medical model constructed from the medical images may be updated and have its parameters adjusted according to the difference calculated between the imaging types and may adjust the parameters accordingly to create a more accurate model representation; paragraphs [0092], [0133-0136]).
As per claim 18, YANG discloses the system of claim 17, wherein updating the medical imaging reconstruction of the subject’s anatomy includes: causing the at least one of the first medical imaging device and the second medical imaging device to acquire first or second medical imaging data, respectively (the optical sensor and the x-ray sensor are both adapted to upon command from the computer and corresponding computing interface operated by the user capture the medical images in the two separate modalities; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]), from at least one region of the subject’s anatomy that causes a reduction in the divergence (the loss functions and difference calculation is done in order to determine feature values and minimize the loss or difference produced by the imaging types; paragraphs [0054], [0087], [0092-0095]); and modifying the medical imaging reconstruction of the subject’s anatomy based on the acquired first or second medical imaging data (the resulting medical imaging model of the subject anatomy is adjusted based on the calculated difference and a related threshold feature value, wherein parameters of the model are easily changed or adjusted by the user; paragraphs [0092], [0133-0136]).
As per claim 19, YANG discloses the system of claim 17, wherein the operations further include: generating the medical imaging reconstruction of the subject’s anatomy based on the first medical imaging data and the second medical imaging data (the reconstruction model is based on the captured first and second subset of images captured from the two imaging types; paragraphs [0092], [0133-0136], [0166]); and causing a display to output a visual depiction of at least a portion of the medical imaging reconstruction (the computing system is adapted to display via a display the medical image reconstruction/model; paragraphs [0079], [0092], [0133-0136], [0166]); wherein updating the medical imaging reconstruction of the subject’s anatomy includes modifying the visual depiction of the at least portion of the medical imaging reconstruction such that at least a portion of the medical imaging reconstruction has a visual appearance indicative of an extent of time elapsed since medical imaging data upon which the at least portion is based was captured (the medical images are captured in time series which would allow for the images of either modality the first or second to be captured and have the extent of time tracked over standardized time series time periods and would be displayable over the user interface; paragraphs [0050-0051], [0057], [0166]).
As per claim 20, YANG discloses a computer-implemented method for medical imaging reconstruction of a subject’s anatomy (a computing system for performing a medical image processing method to compare difference(divergence) of two imaging modalities; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0089-0090], [0094], [0116]), comprising: monitoring first medical imaging data of the subject’s anatomy and second medical imaging data of the subject’s anatomy (the computing system as seen in figure 6A-C includes a first and second subsets of medical imaging data captured using two different modalities; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]), wherein: the first medical imaging data is captured from within the subject’s anatomy by at least one first medical imaging device (a first modality of x-ray capturing structures within the subjects anatomy; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]); the second medical imaging data is captured from outside of the subject’s anatomy by at least one second medical imaging device (the second imaging device is an optical imaging device adapted to capture outside of the body anatomical features as optical images of the ROIs; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]); and at least one of the first medical imaging device or the second medical imaging device is operable to selectively target different regions of the subject’s anatomy (the imaging devices are equipped to target a plurality of ROIs of the subjects anatomy and anatomical regions; fig 8; paragraphs [0139-0151]); and in response to detecting, based on the monitoring, a divergence in the first medical imaging data and the second medical imaging data above a predetermined threshold (the computing system is further adapted to measure loss between the imaging types by determining a difference compared to a threshold of image features in a region of interest and wherein feature values of points in the region may be greater or smaller than a threshold; paragraphs [0085], [0089], [0134-0136], [0154-0155]), updating a medical imaging reconstruction of the subject’s anatomy that is based on the first medical imaging data and the second medical imaging data, wherein updating the medical imaging reconstruction of the subject’s anatomy includes (an overall medical model constructed from the medical images may be updated and have its parameters adjusted according to the difference calculated between the imaging types and may adjust the parameters accordingly to create a more accurate model representation; paragraphs [0092], [0133-0136]): causing the at least one of the first medical imaging device or the second medical imaging device to acquire first or second medical imaging data, respectively (the optical sensor and the x-ray sensor are both adapted to upon command from the computer and corresponding computing interface operated by the user capture the medical images in the two separate modalities; figs 1, 3, 6A-C; paragraphs [0050-0051], [0055-0057], [0094], [0116]), from at least one region of the subject’s anatomy such that the acquisition causes a reduction in the divergence (the loss functions and difference calculation is done in order to determine feature values and minimize the loss or difference produced by the imaging types; paragraphs [0054], [0087], [0092-0095]); modifying the medical imaging reconstruction of the subject’s anatomy based on the acquired first or second medical imaging data (the resulting medical imaging model of the subject anatomy is adjusted based on the calculated difference and a related threshold feature value, wherein parameters of the model are easily changed or adjusted by the user; paragraphs [0092], [0133-0136]); and modifying a visual depiction of at least a portion of the medical imaging reconstruction such that the at least portion of the medical imaging reconstruction has a visual appearance indicative of an extent of time elapsed since medical imaging data upon which the at least portion is based was captured (the medical images are captured in time series which would allow for the images of either modality the first or second to be captured and have the extent of time tracked over standardized time series time periods and would be displayable over the user interface; paragraphs [0050-0051], [0057], [0166]).
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.
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 non-obviousness.
Claims 5, 7, and 11-12 are rejected under 35 § U.S.C. 103 as being obvious over US 2024/0420332 A1 to YANG et al. (hereinafter “YANG”) in view of US 2024/0311956 A1 to HEBERT (hereinafter “HEBERT”).
As per claim 5, YANG discloses the computer-implemented method of claim 2. YANG fails to disclose wherein: the at least one of the first medical imaging device or the second medical imaging device that is operable to selectively target different regions of the subject’s anatomy includes a plurality of sensors or sensor arrays, each of the plurality of sensors or sensor arrays one or more of positions or oriented so as to target different regions of the subject’s anatomy; and causing the at least one of the first medical imaging device and the second medical imaging device to reacquire first or second medical imaging data, respectively, includes changing a targeting of the plurality of sensors or sensor arrays.
HEBERT discloses wherein: the at least one of the first medical imaging device or the second medical imaging device that is operable to selectively target different regions of the subject’s anatomy includes a plurality of sensors or sensor arrays, each of the plurality of sensors or sensor arrays one or more of positions or oriented so as to target different regions of the subject’s anatomy (the computing system is adapted to move the sensors and the arrays the sensors are displaced on in a plurality of orientations which would allow for multiple regions of imaging to occur at regions of interest; fig 10; paragraphs [0044], [0056], [0078], [0089], [0113]); and causing the at least one of the first medical imaging device and the second medical imaging device to reacquire first or second medical imaging data, respectively, includes changing a targeting of the plurality of sensors or sensor arrays (wherein the computing systems computer processor is adapted to move the gantry arm to orient the sensor arrays in any desired orientation and would do so in order to change the targeted region; fig 10; paragraphs [0044], [0056], [0078], [0089], [0113]).
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 YANG to have a plurality of sensors or sensor arrays, each of the plurality of sensors or sensor arrays one or more of positions or oriented so as to target different regions of the subject’s anatomy of HEBERT reference. The Suggestion/motivation for doing so would have been to provide the ability via the gantry arm to change the orientation and field of view of the sensors of the array as suggested by paragraph [0078] of HEBERT. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine HEBERT with YANG to obtain the invention as specified in claim 5.
As per claim 7, YANG discloses the computer-implemented method of claim 6. YANG fails to disclose wherein the divergence in the first medical imaging data and the second medical imaging data is based on a moving average of the distance.
HEBERT discloses wherein the divergence in the first medical imaging data and the second medical imaging data is based on a moving average of the distance (the images and the differences in the feature values are computed as a weighted average which may be adjusted as desired by the user in a sliding/moving scale to measure each feature; paragraphs [0071-0072]; claim 12).
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 YANG to have wherein the divergence in the first medical imaging data and the second medical imaging data is based on a moving average of the distance of HEBERT reference. The Suggestion/motivation for doing so would have been to provide the ability to use adjustable weights when finding motion feature averages for image-to-image predictions to be made as suggested by paragraphs [0071] of HEBERT. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine HEBERT with YANG to obtain the invention as specified in claim 7.
As per claim 11, YANG discloses the computer-implemented method of claim 10. YANG fails to disclose , wherein updating the medical imaging reconstruction of the subject’s anatomy includes modifying the visual depiction of the at least portion of the medical imaging reconstruction such that at least a portion of the medical imaging reconstruction has a visual appearance indicative of an extent of time elapsed since medical imaging data upon which the at least portion is based was captured.
HEBERT discloses, wherein updating the medical imaging reconstruction of the subject’s anatomy includes modifying the visual depiction of the at least portion of the medical imaging reconstruction such that at least a portion of the medical imaging reconstruction has a visual appearance indicative of an extent of time elapsed since medical imaging data upon which the at least portion is based was captured (the computing system includes a user interface and this further includes a iteration index that can correspond to a number of times that the parameters of the DCNN have been updated and would be overlaid onto the graphic interface; paragraphs [0036], [0050], [0056], [0062-0063], [0097]).
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 YANG to have updating the medical imaging reconstruction of the subject’s anatomy includes modifying the visual depiction of the at least portion of the medical imaging reconstruction such that at least a portion of the medical imaging reconstruction has a visual appearance indicative of an extent of time elapsed of HEBERT reference. The Suggestion/motivation for doing so would have been to provide timing data and stop/start times via the user interface as suggested by paragraphs [0062] of HEBERT. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine HEBERT with YANG to obtain the invention as specified in claim 11.
As per claim 12, YANG in view of HEBERT discloses the computer-implemented method of claim 11. YANG fails to disclose wherein the visual appearance indicative of an extent of time elapsed since medical imaging data upon which the at least portion is based was captured includes one or more of: a reduction in opacity, contrast, saturation, sharpness, resolution, brightness, or combinations thereof, in which a magnitude of the reduction increases with an increase in the extent of time elapsed; a shift in color, in which a magnitude of the shift increases with an increase in the extent of time elapsed; a flashing effect; or a bounding region or selection indicating the at least portion of the medical imaging reconstruction.
HEBERT discloses wherein the visual appearance indicative of an extent of time elapsed since medical imaging data upon which the at least portion is based was captured includes one or more of: a reduction in opacity, contrast, saturation, sharpness, resolution, brightness, or combinations thereof, in which a magnitude of the reduction increases with an increase in the extent of time elapsed; a shift in color, in which a magnitude of the shift increases with an increase in the extent of time elapsed; a flashing effect; or a bounding region or selection indicating the at least portion of the medical imaging reconstruction (the computing system includes at least one of a boundary detector configured to determine shapes and boundaries of anatomical object of the region of interest and bound them; paragraphs [0043]).
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 YANG to have a bounding region or selection indicating the at least portion of the medical imaging reconstruction of HEBERT reference. The Suggestion/motivation for doing so would have been to provide bounding boxes within the region of interest for specific anatomical objects/body parts as suggested by paragraph [0043] of HEBERT. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine HEBERT with YANG to obtain the invention as specified in claim 12.
Claims 8 and 14 are rejected under 35 § U.S.C. 103 as being obvious over US 2024/0420332 A1 to YANG et al. (hereinafter “YANG”) in view of US 2022/0215539 A1 to PROKSCH et al. (hereinafter “PROKSCH”).
As per claim 8, YANG discloses the computer-implemented method of claim 6. YANG fails to disclose further comprising one or more of: determining one or more of the first location of the first medical imaging device or the first region of the subject’s anatomy targeted by the first medical imaging device based on one or more of electromagnetic position tracking, fiber optic shape sensing, location tracking via the second medical imaging device, or impedance-based tracking: or determining one or more of the second location of the second medical imaging device or the first region of the subject’s anatomy targeted by the second medical imaging device based on one or more of electromagnetic position tracking, optical tracking, or internal position tracking of the second medical imaging device.
PROKSCH discloses further comprising one or more of: determining one or more of the first location of the first medical imaging device or the first region of the subject’s anatomy targeted by the first medical imaging device based on one or more of electromagnetic position tracking, fiber optic shape sensing, location tracking via the second medical imaging device, or impedance-based tracking: or determining one or more of the second location of the second medical imaging device or the first region of the subject’s anatomy targeted by the second medical imaging device based on one or more of electromagnetic position tracking, optical tracking, or internal position tracking of the second medical imaging device (the poses (the positions and/or orientations) of surgical instruments 304 in surgical area 300 may be tracked by a computer-assisted surgical system adapted for optical tracking for instance, surgical instruments 304 may include one or more sensors (e.g., displacement transducers, orientational sensors, positional sensors, etc.) used to generate kinematics information; paragraph [0043]).
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 YANG to have optical position tracking of PROKSCH reference. The Suggestion/motivation for doing so would have been to provide kinematics information for objects in motion such as surgical tools as suggested by paragraph [0043] of PROKSCH. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine PROKSCH with YANG to obtain the invention as specified in claim 8.
As per claim 14, YANG discloses the computer-implemented method of claim 13. YANG fails to disclose further comprising: receiving a user selection for a relative visibility of the prior medical imaging reconstruction and the at least portion of the medical imaging reconstruction in the visual depiction; and selectively increasing or decreasing a visibility of the prior medical imaging reconstruction and a visibility of the at least portion of the medical imaging reconstruction in the visual depiction, respectively, based on the user selection.
PROKSCH discloses further comprising: receiving a user selection for a relative visibility of the prior medical imaging reconstruction and the at least portion of the medical imaging reconstruction in the visual depiction (system 100 may adjust slope image S to be more visible in augmentation region 502; figs 5-6; paragraph [0067]); and selectively increasing or decreasing a visibility of the prior medical imaging reconstruction and a visibility of the at least portion of the medical imaging reconstruction in the visual depiction, respectively, based on the user selection (system 100 may adjust one or more parameters of an image filter for slope image S, slope image S is derived from endoscopic image E, increasing the visibility of slope image S will increase the visibility of the view of surgical area 300 as captured by the imaging device, system 100 adjusts composite image C to decrease an extent of the occlusion of the view of surgical area 300 by augmentation region 502; figs 5-6; paragraph [0067]).
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 YANG to have receiving a user selection for a relative visibility of PROKSCH reference. The Suggestion/motivation for doing so would have been to provide the ability to increase or decrease occlusion/visibility parameters as suggested by paragraph [0067] of PROKSCH. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine PROKSCH with YANG to obtain the invention as specified in claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. These prior arts include the following:
US 2006/0002615 A1
US 2019/0172570 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN JACOB DHOOGE whose telephone number is (571) 270-0999. The examiner can normally be reached 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Bee can be reached on (571) 270-5183. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800- 786-9199 (IN USA OR CANADA) or 571-272-1000.
/Devin Dhooge/
USPTO Patent Examiner
Art Unit 2677
/Jonathan S Lee/Primary Examiner, Art Unit 2677
Prosecution Insights