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 .
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.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herrmann (US 2017/0119281 A1).
With respect to claim 1, Herrmann discloses a method for assisting orthopedic surgery to a spinal column, the method performed with a data processing device, the data processing device including a display device and an image capturing device, the method comprising the steps of: capturing a sequence of images with the image capturing device such that a field of view of the image capturing device captures images of a plurality of screw extenders (see paragraph 0070
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describing the image taken from the spine with pedicle screws), each screw extender holding a pedicle screw (paragraph 0072), the plurality of screw extenders arranged at a surgical incision of a body of a living being undergoing orthopedic surgery (see paragraphs 0065 and 0072; see Figure 18 showing inside the incision and having pedicle screw extenders #300-#304 respectively coupled to pedicle screws #292, #294, and #296); providing for a live video feed on the display device by either displaying at least some of images of the captured images or by a direct view with a transparent display device (see paragraphs 0202 and 0232); detecting the plurality of screw extenders with the data processing device based on the captured sequence of images; first calculating an orientation and position of
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the detected plurality of screw extenders; second calculating a three-dimensional (3D) position of a screw head of each pedicle screw based on the orientation and the position of the first calculating (see paragraphs 00232-0234); and projecting and displaying each calculated 3D position of the plurality of screw heads with a graphical element with a graphical user interface on the display device at a location that corresponds to the location of the screw head projected to a currently provided image of the live video feed (see paragraphs 0106, 0144-0146, 0151,and 0231-0234).
With respect to claim 2, Herrmann discloses displaying a plurality of fixation rod templates as graphical elements on the graphical user interface of the display device, the plurality of fixation rods having different shapes (see paragraph 0112-0113).
With respect to claim 3, Herrmann discloses fitting a curve to points represented by the plurality of 3D positions of the screw heads; and displaying a template of a fixation rod as a graphical element on the display device, the fixation rod being shaped to at least partially match the fitted curve (see paragraph 0195).
With respect to claim 4, Herrmann discloses graphically selecting one of the plurality of fixation rod templates; placing a graphical element that represents the selected one of the plurality of fixation rod templates at a location of one of the 3D positions of the screw head (see paragraph 0112-0113).
With respect to claim 5, Herrmann discloses visually highlighting the detected plurality of screw extenders; and permitting selection or deselection of at least one of the plurality of screw extender with a graphical user interface of the data processing device (see paragraphs 0144-0145).
With respect to claim 6, Herrmann discloses a distance measurement sensor, the method further comprising the step of: capturing distance information with the distance measurement sensor, wherein the step of first calculating is further based on the distance information (see paragraphs 0062, and 0179).
With respect to claim 7, Herrmann discloses the distance measurement sensor includes a direct time of flight (dToF) , LiDAR sensor, or a structure light sensor such as FaceID (see paragraph discussing a light sensor).
With respect to claim 8, Herrmann discloses third calculating pose data information for at least two vertebra (see paragraphs 0063-0064) based on the orientation and the position of at least one of the detected plurality of screw extenders that are attached to the vertebrae from the step of first calculating (see paragraphs 0072 and 0232-0234); and projecting and displaying a graphical primitive representing the vertebrae with the graphical user interface on the display device, the graphical primitive being displayed at a location that corresponds to the location of the vertebra projected to a currently provided image of the live video feed (see paragraphs 0106, 0144-0146, 0151,and 0231-0234).
With respect to claim 9, Herrmann discloses the steps of: fourth calculating spine curvature data of the spinal column based on the orientation and the position of the detected plurality of screw extenders that are attached to the vertebrae from the step of first calculating (see paragraph 0195); and fifth calculating spinal parameters of the spinal column (see paragraphs 0063-0064) based on the orientation and the position of the detected plurality of screw extenders that are attached to the vertebrae from the step of first calculating (see paragraphs 0072 and 0232-0234), projecting and displaying a graphical primitive representing a curvature of the spinal column with the graphical user interface on the display device, the graphical primitive being displayed at a location that corresponds to the location of the spinal column projected to a currently provided image of the live video feed see paragraphs 0106, 0144-0146, 0151,and 0231-0234).
With respect to claim 10, Herrmann discloses a data processing device configured to assist an orthopedic surgery to a spinal column, the data processing device including a display device, a data processor, and an image capturing device, the data processor configured to (see processor #20 with display devices #22 and #26 as seen on Figure 1): instruct a capturing of a sequence of images with the image capturing device such that a field of view of the image capturing device captures images of a plurality of screw extenders, each screw extender holding a pedicle screw (see paragraph 0070 describing the image taken from the spine with pedicle screws), the plurality of screw extenders arranged at a surgical incision of a body of a living being undergoing orthopedic surgery (see paragraphs 0065 and 0072; see Figure 18 showing inside the incision and having pedicle screw extenders #300-#304 respectively coupled to pedicle screws #292, #294, and #296); instruct a displaying at least some of images of the captured images to provide for a live video feed on the display device (see paragraphs 0202 and 0232); perform a detection algorithm to detect the plurality of screw extenders with the data processing device based on the captured sequence of images; first calculate an orientation and position of the detected plurality of screw extenders; second calculate a three-dimensional (3D) position of a screw head of each pedicle screw based on the orientation and the position of the first calculating (see paragraphs 00232-0234); and project and display each calculated 3D position of the plurality of screw heads with a graphical element with a graphical user interface on the display device at a location that corresponds to the location of the screw head projected to a currently displayed image of the live video feed (see paragraphs 0106, 0144-0146, 0151,and 0231-0234).
With respect to claim 11, Herrmann discloses a non-transitory computer readable medium, the computer readable medium having computer instruction code recorded thereon, the computer instruction code configured to perform a method for computer-assisting an orthopedic surgery to a spinal column when the computer instructions are executed on a data processing device that is in operative connection to a display device and an image capturing device, the method comprising the steps of: capturing a sequence of images with the image capturing device such that a field of view of the image capturing device captures images of a plurality of screw extenders (see paragraph 0070 describing the image taken from the spine with pedicle screws), each screw extender holding a pedicle screw, the plurality of screw extenders arranged at a surgical incision of a body of a living being undergoing orthopedic surgery (see paragraphs 0065 and 0072; see Figure 18 showing inside the incision and having pedicle screw extenders #300-#304 respectively coupled to pedicle screws #292, #294, and #296); providing for a live video feed on the display device by either displaying at least some of images of the captured images or by a direct view with a transparent device (see paragraphs 0202 and 0232); detecting the plurality of screw extenders with the data processing device based on the captured sequence of images; first calculating an orientation and position of the detected plurality of screw extenders; second calculating a three-dimensional (3D) position of a screw head of each pedicle screw based on the orientation and the position of the first calculating (see paragraphs 00232-0234); and projecting and displaying each calculated 3D position of the plurality of screw heads with a graphical element with a graphical user interface on the display device at a location that corresponds to the location of the screw head projected to a currently provided image of the live video feed (see paragraphs 0106, 0144-0146, 0151,and 0231-0234).
With respect to claim 12, Herrmann discloses a method for assisting orthopedic surgery to determine a correction of a spinal column based on a fixation rod, the method performed with a data processing device, the method comprising the steps of: scanning a fixation rod with an image capturing device to obtained scanned data of the fixation rod, the spinal correction rod having been bend for a spinal correction (see paragraph 0112-0113); first calculating a curvature data of the fixation rod based on the scanned data; receiving data of locations of attachment points for the fixation rod to the spinal column (see paragraph 0195), the locations of the attachment points having been determined based on positional data of screw heads of pedicle screws that are attached to at least two vertebrae of the spinal column; second calculating data of corrected locations of the attachment points, the corrected locations of the attachment points being based on a correction that is imparted to the locations of the attachment points when the fixation rod were to be attached to the attachment points of a corrected spinal column (see paragraphs 0064 and 0094), by taking account the curvature data of the fixation rod from the step of first calculating (see paragraph 0188); third calculating a spinal parameter of the corrected spinal column based on the data of the corrected locations of the attachment points of the corrected spinal column; and displaying the spinal parameter of the corrected spinal column on a display device (see paragraphs 0197 and 0200-0201; See Figures 29-30).
With respect to claim 13, Herrmann discloses calculating pose data information for vertebrae of the corrected spinal column based on the data of the corrected locations of the attachment points of the corrected spinal column (see paragraphs 0064 and 0094).
With respect to claim 14, Herrmann discloses displaying a graphical primitive representing the vertebrae with the graphical user interface on the display device, the graphical primitive being displayed at a location that corresponds to the location of the vertebrae.
With respect to claim 15, Herrmann discloses a method for assisting orthopedic surgery to a spinal column, the method performed with a data processing device, the data processing device including a display device and an image capturing device, the method comprising the steps of (see processor #20 with display devices #22 and #26 as seen on Figure 1): capturing a sequence of images with the image capturing device such that a field of view of the image capturing device captures images of at least one of a plurality of pedicle markers placed on a plurality of guide wires (see paragraphs 0069- 0070 describing the image taken from the spine with pedicle screws and wires), respectively, or a plurality of guide wires, the plurality of pedicle markers or the plurality of guide wires arranged at a surgical incision of a body of a living being undergoing orthopedic surgery (see paragraphs 0065 and 0072; see Figure 18 showing inside the incision and having pedicle screw extenders #300-#304 respectively coupled to pedicle screws #292, #294, and #296); providing for a live video feed on the display device by either displaying at least some of images of the captured images or by a direct view with a transparent display device (see paragraphs 0202 and 0232); detecting the plurality of pedicle markers or the plurality of guide wires with the data processing device based on the captured sequence of images (see paragraph 0188); first calculating an orientation and position of the detected plurality of pedicle markers or the detected plurality of guide wires (see paragraphs 00232-0234); and second calculating pose data information for at least two vertebrae based on the orientation and the position of at least one of the detected plurality of pedicle markers or the detected plurality of guide wires that are attached to the vertebra from the step of first calculating (see paragraphs 0063-0064).
With respect to claim 16, Herrmann discloses calculating parameters that characterize the spinal column from the pose data information from the step of second calculating; and displaying the parameters that characterize the spinal column on the display device (see paragraphs 0112-0113 and 0195).
With respect to claim 17, Herrmann discloses calculating a virtual three-dimensional (3D) position of a position of a screw head of each pedicle screw based on the orientation and the position of the first calculating; and projecting and displaying each calculated virtual 3D position of the plurality of screw heads with a graphical element with a graphical user interface on the display device at a location that corresponds to the location of the screw head projected to a currently provided image of the live video feed (see paragraphs 0106, 0144-0146, 0151,and 0231-0234).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIXOMARA VARGAS whose telephone number is (571)272-2252. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Raymond Keith can be reached at 571-270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798
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