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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/10/26 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-3, 6-13, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Powell et al (US Pub 2023/0015060 -cited by applicant).
Re claims 1, 12, 13: Powell discloses a surgical intraoperative measuring system for up-to-date intraoperative measurement and representation of geometric line segment lengths or dimensions or distances in a surgical navigation, comprising:
a surgical visualization unit adapted to produce an intracorporeal capturing of an intervention region of a patient in a capturing plane (figure 2A, 3; see unit 100 and intracorporeal image);
a medical instrument with a longitudinal axis comprising an instrument tip, the medical instrument being usable for an intervention in the intervention region so as to define a zero point for a measurement from the instrument tip [0057, 0059, 0063, figure 4A; see the tip 343 of instrument 301 with longitudinal axix and see a zero point/depth of 0 mm for measurement];
a navigation system adapted to track, via a tracking system, at least the instrument tip of the medical instrument (figure 1; see trackers 113a, 113b, 113n);
a visual display device for visually outputting a representation with at least the intracorporeal capturing (figure 1, 2A; see display 104 or 226); and
a control unit (figure 1; see unit 102) adapted to:
sense, by means of the navigation system, at least one position of the instrument tip of the medical instrument [0063; high precision navigation of the tracked instrument],
produce a digital overlay representation with at least the intracorporeal capturing [0062, figure 4A; see ruler 444 on the representation],
insert, in the digital overlay representation, a virtual measuring device that extends within and parallel to the capturing plane and being inserted with an orientation that is dependent on the capturing plane and independent of the orientation of the longitudinal axis of the instrument , and having at least one distance marking and/or distance number which corresponds to a real distance in the capturing plane with a zero point that forms the instrument tip [0057, 0061, 0062, 0072, figure 4A; see ruler 444 as the virtual measuring device with distance markings/numbers that is overlaid onto the representation image (2D or 3D) which is shown as a captured plane, thereby being arranged within and parallel to the captured plane; also see that the ruler is alternatively inserted independent of the orientation of the instrument as the axis 445 of the ruler 444 is positioned on the plane “without using the instrument 301”; further, the position of the slicing plane can be determined “independently of the position of the tool”], and
output the digital overlay representation with at least the virtual measuring device by means of the display device (figure 4A; see the output representation),
the virtual measuring device being configured to indicate a distance measurement in the capturing plane (figure 4A; see the ruler 444 with dash marks that is overlaid onto the representation image which is shown as a captured plane).
Further, Powell discloses a computer-implemented surgical intraoperative measuring method including steps of producing the capturing, sensing the tip position, producing the overlay, and outputting the representation as set forth in the corresponding citations above. Powell also discloses a computer readable storage medium and computer program to perform the measuring method [0040, 0041; see the memory storage devices and the program instructions to perform the measuring method].
Re claim 2: The medical instrument comprises, in a region of the instrument tip, a predefined optical pattern and/or a predefined geometric shape stored in a storage unit for comparison, and wherein the control unit is adapted to track, based on the predefined optical pattern and/or the predefined geometric shape, the position of the instrument tip by means of the intracorporeal capturing of the visualisation unit and by means of machine vision [0033, 0041; see the storage devices used in the processing; and see the instrument with markers that have a pattern/shape when tracked].
Re claim 3: The instrument comprises a navigation pointer and/or a suction tube and/or a surgical instrument (figure 1; see that instrument is a pointer).
Re claim 6: The measuring system is integrated in or on one single mobile cart so as to provide a complete measuring system on the single mobile cart (figure 2A; see the cart 100).
Re claim 7: A side-by-side representation of the intracorporeal capturing and a navigation view is produced in the digital overlay representation, and wherein the virtual measuring device is shown in the intracorporeal capturing and additionally in a correct pose in the navigation view so as to provide a user with two viewing modalities with the virtual measuring device (figure 3; see the 3D view 332 and 2D view 338a,b,c).
Re claim 8: The system includes an external navigation camera (see the cameras 112 in figure 2B).
Re claim 9: The system includes an input unit, wherein the control device is adapted, by means of a user input of the input unit to: set a distance dimensioning of the virtual measuring device, and/or set a geometric structure of the virtual measuring device (figure 3, 5C; 0065; see concentric circles and see the user interface 330 that can change the perspective/orientation of the view in response to user input; and see icon 342c to edit trajectory).
Re claim 10: The control unit is adapted to calculate a numerical distance between the zero point and the end point and insert the numerical distance as a distance number (figure 4A; see the distance numbers that are determined).
Re claim 11: The control unit is further adapted to insert, in the digital overlay representation, a second virtual ruler in extension of a longitudinal axis of the medical instrument, apart from the virtual measuring device (figure 5D; see the ruler with digits 8-3 and the second ruler with digits 30-80).
Re claims 15, 16: The virtual measuring device comprises a ruler or concentric distance circles (Figures 4A, 5D, 0058, 0090; see the indicators 447, 1392 that can be concentric circles in 2D or 3D).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Powell, as applied to claim 1, in view of Nixon et al (US Pub 2009/0171371 -cited by applicant).
Re claims 4, 5: Powell discloses all features except that the visualization unit comprises a surgical microscope and/or a surgical exoscope and/or a surgical endoscope or that the system includes a surgical robot having a robot arm, wherein the surgical visualization unit is connected to the robot arm in a navigated manner and controllable by the control unit. However, Nixon teaches of a system to determine distance for a surgical procedure including a visualization unit that comprises a surgical microscope and/or a surgical exoscope and/or a surgical endoscope and a surgical robot having a robot arm, wherein the surgical visualization unit is connected to the robot arm in a navigated manner and controllable by the control unit [0078, claim 1; see the endoscope 140 that is used for visualization and which is connected to a robot arm for manipulation]. It would have been obvious to the skilled artisan to modify Powell, as taught by Nixon, in order to visualize a procedure more accurately via the robotic control.
Response to Arguments
Applicant's arguments filed 6/10/26 have been fully considered but they are not persuasive. Applicant argues that Powell does not disclose a measuring device with an orientation dependent on the capturing plane or independent of the orientation of the medical instrument, as the instrument in Powell’s Figs. 4A-4C extends from the instrument tip. Respectfully, the Examiner disagrees and maintains the rejection. In regard to the measuring device being dependent on the capturing plane, such is supported by the instant specification which describes the measuring device as being parallel to the capturing plane. As previously set forth and now maintained. Powell’s virtual ruler (the ‘virtual measuring device’) is overlaid on the displayed 2D or 3D representation. Since it is overlaid on the displayed plane, it is within and parallel to the captured/displayed plane. The limitation of the measuring device being independent to the orientation of the instrument is also found in Powell. While Applicant correctly points out that Powell discloses the ruler extends from the instrument tip thereby being dependent of the instrument, it is further described that the ruler 444 can alternatively be inserted independent of the instrument. For example, this allows the user to view the ruler as part of a planning procedure as noted in previously-cited [0062]. Even if the ruler orientation eventually aligns with the instrument once it is inserted, the limitation is still met as it is selected without using the instrument.
The prior 112f interpretation is maintained from the prior Office action, but not included in the current action.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 MICHAEL T ROZANSKI whose telephone number is (571)272-1648. The examiner can normally be reached Mon - Fri 8:00-4:00.
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/MICHAEL T ROZANSKI/Primary Examiner, Art Unit 3797
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