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 .
DETAILED ACTION
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 1-23 and 25-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over KRAMER et al. (US 20140195988) in view of Nash et al. (US 20190038362 (IDS)).
Regarding claim 1, Kramer teaches a system, comprising:
a parent tracking system that defines a parent virtual space representative of a physical space, wherein the parent tracking system defines a parent tracking system position within the parent virtual space (p0072: the SOE employs a spatially conformed display mesh that aligns physical space and virtual space such that the visual, aural, and haptic displays of a system exist within a "real-world" expanse); a child tracking system that defines a child virtual space representative of the physical space, wherein an observed physical position of the child tracking system is observed by the parent tracking system and defines a child tracking system position within the parent virtual space (p0394:The Golgi class also encapsulates parent-child relationships, providing a mechanism for local protein exchange that does not use a pool); and a processor in communication with a memory, the parent tracking system, and the child tracking system, the memory including instructions encoded thereon, which, when executed, cause the processor to translate the child virtual space to the parent virtual space based on a first mapping between the child virtual space and the parent virtual space (p0143:The Spatial Mapping application (also referred to herein as "s-mapping" or "s-map") provides navigation and data visualization functions, allowing users to view, layer, and manipulate large data sets).
Kramer does not explicitly disclose a processor in communication with a memory, the parent tracking system, and the child tracking system, the memory including instructions encoded thereon, which, when executed, cause the processor to translate the child virtual space to the parent virtual space based on a first mapping between the child virtual space and the parent virtual space.
Nash teaches a processor in communication with a memory, the parent tracking system, and the child tracking system, the memory including instructions encoded thereon, which, when executed, cause the processor to translate the child virtual space to the parent virtual space based on a first mapping between the child virtual space and the parent virtual space (p0027: utilizing images from an AR headset camera, the AR headsets can be tracked within the surgical field through other cameras in the tracking system).
Kramer and Nash are combinable because they both deal with management servers with a printing apparatus. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Kramer with the teaching of Nash for purpose of for improving the reliability and usability of tracking technology in surgery.
Regarding claim 2, Kramer teaches the system of claim 1, wherein the memory includes instructions, which, when executed, further cause the processor to: generate the first mapping between the child virtual space and the parent virtual space based on a first positional relationship between the parent tracking system position and the child tracking system position within the parent virtual space (p073: it provides access to its coordinate notation. As the location of an object (whether physical or virtual) can be expressed in terms of geometry, so then the spatial relationship between objects (whether physical or virtual) can be expressed in terms of geometry).
Regarding claim 3, Kramer teaches the system of claim 1, wherein the parent tracking system is operable to record a first virtual space position representative of an observed physical position of a first tracked object in the physical space in terms of the parent virtual space and wherein the child tracking system is operable to record a second virtual space position representative of an observed physical position of the first tracked object in the physical space in terms of the child virtual space (p0075:sensors combined with the markerless tracking system, as described in detail herein, provides pose recognition within a pre-specified range (e.g., between one and three meters, etc.).
Regarding claim 4, Kramer teaches the system of claim 3, wherein the memory includes instructions, which, when executed, further cause the processor to: iteratively identify a positional error between the first virtual space position of the first tracked object as represented within the parent virtual space and the second virtual space position of the first tracked object as translated from the child virtual space to the parent virtual space (p0114:The only manual intervention was the removal of a small number of tracking errors…).
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Regarding claim 5, Kramer teaches the system of claim 4, wherein the memory includes instructions, which, when executed, further cause the processor to: update one or more positional estimation parameters of the child tracking system or the parent tracking system based on the positional error; and/or update the first mapping between the child virtual space and the parent virtual space based on the positional error (p0117: In order to run more meaningful experiments with valid estimates of cross-user error, a switch was made to instead use a leave-one-user-out approach. Under this evaluation scheme, each combination of a model and feature set was trained on data from 15 subjects and evaluated the resulting classifier on the unseen 16th subject).
Regarding claim 6, Kramer teaches the system of claim 4, wherein the memory includes instructions, which, when executed, further cause the processor to: iteratively update a virtual space position of the first tracked object within an object library based on a temporal difference between the first virtual space position or the second virtual space position of the first tracked object taken at a first timestamp and the first virtual space position or the second virtual space position of the first tracked object taken at a second timestamp (p0437:wherein the simultaneous control comprises automatically detecting a gesture of at least one object from gesture data received via the plurality of sensors, wherein the gesture data is absolute three-space location data of an instantaneous state of the at least one object at a point in time and space,…).
Regarding claim 7, Kramer teaches the system of claim 1, further comprising: a grandchild tracking system in communication with the processor, the grandchild tracking system defining a grandchild virtual space representative of the physical space, wherein an observed physical position of the grandchild tracking system is observable by the child tracking system and defines a grandchild tracking system position within the child virtual space (p0241: a user starting from a "central" position typically rotates 30 degrees in either direction)
Regarding claim 8, Kramer teaches the system of claim 7, wherein the grandchild tracking system is operable to record a third virtual space position representative of an observed physical position of a first tracked object in terms of the grandchild virtual space (p0106: the remaining unmatched blobs are compared to the tracks and added as secondary blobs if they are in close spatial proximity…).
Regarding claim 9, Kramer teaches the system of claim 8, wherein the memory includes instructions, which, when executed, further cause the processor to: translate the third virtual space position of the first tracked object from the grandchild virtual space to the child virtual space based on a second mapping between the grandchild virtual space and the child virtual space (fig. 14 and p0136:shown in FIGS. 14-16. The Spatial Mapping application includes gestures 1 through 5 above)
Regarding claim 10, Kramer teaches the system of claim 9, wherein the memory includes instructions, which, when executed, further cause the processor to: generate the second mapping between the grandchild virtual space and the child virtual space based on a second positional relationship between the grandchild tracking system position within the child virtual space and the child tracking system position (fig. 14 and p0136).
Regarding claim 11, Kramer teaches the system of claim 9, wherein the memory includes instructions, which, when executed, further cause the processor to: translate the third virtual space position of the first tracked object from the child virtual space to the parent virtual space based on the first mapping between the child virtual space and the parent virtual space (p0117).
Regarding claim 12, Kramer in view of teaches the system of claim 11, wherein the memory includes instructions, which, when executed, further cause the processor to: iteratively identify a positional error between at least two of: a first virtual space position of the first tracked object as represented within the parent virtual space (p0114); a second virtual space position of the first tracked object as translated from the child virtual space to the parent virtual space; and/or the third virtual space position of the first tracked object as translated from the grandchild virtual space to the parent virtual space (p0394: A process that participates in several pools generally inherits from an abstract Golgi class).
Regarding claim 13, Kramer teaches the system of claim 12, wherein the memory includes instructions, which, when executed, further cause the processor to: update one or more positional estimation parameters of the grandchild tracking system, the child tracking system or the parent tracking system based on the positional error; and/or update the first mapping between the child virtual space and the parent virtual space or the second mapping between the grandchild virtual space and the child virtual space based on the positional error (p0117:in order to run more meaningful experiments with valid estimates of cross-user error, a switch was made to instead use a leave-one-user-out approach).
Regarding claim 14, Kramer teaches the system of claim 12, wherein the memory includes instructions, which, when executed, further cause the processor to: iteratively update a virtual space position of the first tracked object within an object library based on a temporal difference based on a temporal error between the first virtual space position, the second virtual space position, or the third virtual space position of the first tracked object taken at a first timestamp and the first virtual space position, the second virtual space position, or the third virtual space position of the first tracked object taken at a second timestamp (p0437: wherein the simultaneous control comprises automatically detecting a gesture of at least one object from gesture data received via the plurality of sensors, wherein the gesture data is absolute three-space location data of an instantaneous state of the at least one object at a point in time and space..).
Regarding claim 15, Kramer teaches the system of claim 3, wherein the memory includes instructions, which, when executed, further cause the processor to: display, at a display device in communication with the processor, a first image representative of the first tracked object in terms of the parent virtual space (p0146: The Spatial Mapping application of an embodiment opens displaying its home image such as, in the example used throughout this description, a map of earth…).
Regarding claim 16, Kramer teaches the system of claim 15, wherein the memory includes instructions, which, when executed, further cause the processor to: display, at the display device, a second image representative of a second tracked object in terms of the parent virtual space superimposed over the first image of the first tracked object (p0281:In the present embodiment, the XYZ-hand is also used to provide navigational access to large panoramic display images, so that left-right and up-down motions of the operator's hand lead to the expected left-right or up-down `panning` about the image, but forward-back motion of the operator's hand maps to `zooming` control).
Regarding claim 17, Kramer teaches the system of claim 3, wherein the child tracking system is operable to record a fourth virtual space position representative of an observed physical position of a second tracked object in the physical space in terms of the child virtual space representative of the physical space (p0241).
Regarding claim 18, Kramer teaches the system of claim 17, wherein the memory includes instructions, which, when executed, further cause the processor to: translate the fourth virtual space position of the second tracked object from the child virtual space to the parent virtual space based on the first mapping between the child virtual space and the parent virtual space (p0117:since the training examples were extracted from videos…).
Regarding claim 19, Kramer teaches the system of claim 3, wherein the parent tracking system and the child tracking system are operable to record the first and second virtual space positions representative of the observed physical positions of the first tracked object in the physical space by at least one of: one or more image capture devices of the parent tracking system or the child tracking system that capture a plurality of captured images that include the tracked object; one or more electromagnetic position estimation devices of the parent tracking system or the child tracking system that capture electromagnetic data indicative of an estimated position of the first tracked object; and/or one or more sonic position estimation devices of the parent tracking system or the child tracking system that capture sonic data indicative of the first virtual space position of the first tracked object or the second virtual space position of the first tracked object (p314:Using a small number of discrete states for pose specification makes it possible to specify poses compactly as well as to ensure accurate pose recognition using a variety of underlying tracking technologies (for example, passive optical tracking using cameras, active optical tracking using lighted dots and cameras, electromagnetic field tracking, etc.)
Regarding claim 20, Kramer teaches the system of claim 19, wherein the parent tracking system and the child tracking system are operable to: estimate the first virtual space position of the first tracked object or the second virtual space position of the first tracked object with respect to the parent virtual space or the child virtual space using the plurality of captured images, the electromagnetic data, and/or the sonic data through application of a computer-vision technique (p0076 and fig. 1A).
Regarding claim 21, Kramer teaches the system of claim 1, wherein the memory includes instructions, which, when executed, further cause the processor to: receive, at the processor, a fifth virtual space position representative of an expected location of a landmark object relative to the parent virtual space, the child virtual space, and/or a grandchild virtual space; and display, at a display device in communication with the processor, an identifier representative of the landmark object based on the fifth virtual space position of the landmark object with respect to the parent virtual space, the child virtual space, and/or the grandchild virtual space (p0162:The user's movement along the depth dimension triggers a z-axis displacement of the data frame and its lateral neighbors (i.e., frames to the left and right)…).
Regarding claim 22, Kramer teaches he system of claim 21, wherein the memory includes instructions, which, when executed, further cause the processor to: record, by the parent tracking system, the child tracking system or a grandchild tracking system in communication with the processor, a sixth virtual space position representative of an observed physical position of the landmark object with respect to the parent virtual space, the child virtual space, and/or the grandchild virtual space (p0162: The user's movement along the depth dimension triggers a z-axis displacement of the data frame and its lateral neighbors (i.e., frames to the left and right)…); iteratively identify, by the processor, a positional error between the fifth virtual space position of the landmark object and the sixth virtual space position of the landmark object with respect to the parent virtual space, the child virtual space or the grandchild virtual space; and update, at the display device, the identifier representative of the landmark object based on the sixth virtual space position of the landmark object with respect to the parent virtual space, the child virtual space, and/or the grandchild virtual space (p0114:The only manual intervention was the removal of a small number of tracking errors that would otherwise contaminate the training set. For example, at the beginning of a few videos the system saved blobs corresponding to the user's head before locking on to their hand).
Regarding claim 23, Kramer teaches the system of claim 22, wherein the memory includes instructions, which, when executed, further cause the processor to: update one or more positional estimation parameters of the grandchild tracking system, the child tracking system and/or the parent tracking system based on the positional error (p0200:The image frame recedes from the display, as if pushed back into perspective. In the media browser the effect is the individual slide receding into the sequence of slides).
Regarding claim 25, Kramer teaches the system of claim 1, wherein the child tracking system is an operating microscope (p0175).
Regarding claim 26, claims 1 and 3 recites similar limitations, therefore it is rejected for the same reason as claims 1 and 3.
Regarding claim 27, claims 15 and 16 recites similar limitations, therefore it is rejected for the same reason as claims 15 and 16.
Regarding claim 28, claim 2 recites similar limitations, therefore it is rejected for the same reason as claim 2.
Regarding claim 29, claim 7 recites similar limitations, therefore it is rejected for the same reason as claim 7.
Regarding claim 30, Kramer teaches the system of claim 29, wherein the memory includes instructions, which, when executed, further cause the processor to: translate the seventh virtual space position of the third tracked object from the grandchild virtual space to the child virtual space based on a second mapping between the grandchild virtual space and the child virtual space (p0136 and fig. 14: These gestures are implemented as described in detail herein and as shown in FIGS. 14-16. The Spatial Mapping application includes gestures 1 through 5 above, and FIG. 14..) .
Regarding claim 31, claim 13 recites similar limitations, therefore it is rejected for the same reason as claim 13.
Regarding claim 32, claim 1 recites similar limitations as claim 32, therefore it is rejected for the same reason as claim 1.
Regarding claim 33, claim 11 recites similar limitations as claim 33, therefore it is rejected for the same reason as claim 33.
Regarding claim 34, The structural elements of apparatus claim 26 perform all of the steps of method claim 34. Thus, claim 34 is rejected for the same reasons discussed in the rejection of claim 26.
Regarding claim 35, The structural elements of apparatus claim 2 perform all of the steps of method claim 35. Thus, claim 35 is rejected for the same reasons discussed in the rejection of claim 2.
Regarding claim 36, The structural elements of apparatus claim 4 perform all of the steps of method claim 36. Thus, claim 36 is rejected for the same reasons discussed in the rejection of claim 4.
Regarding claim 37, The structural elements of apparatus claim 5 perform all of the steps of method claim 37. Thus, claim 37 is rejected for the same reasons discussed in the rejection of claim 5.
Regarding claim 38, The structural elements of apparatus claim 6 perform all of the steps of method claim 38. Thus, claim 38 is rejected for the same reasons discussed in the rejection of claim 6.
Regarding claim 39, The structural elements of apparatus claim 7 perform all of the steps of method claim 39. Thus, claim 39 is rejected for the same reasons discussed in the rejection of claim 7.
Regarding claim 40, The structural elements of apparatus claim 30 perform all of the steps of method claim 40. Thus, claim 40 is rejected for the same reasons discussed in the rejection of claim 30.
Regarding claim 41, The structural elements of apparatus claim 31 perform all of the steps of method claim 41. Thus, claim 41 is rejected for the same reasons discussed in the rejection of claim 31.
Regarding claim 42, The structural elements of apparatus claim 32 perform all of the steps of method claim 42. Thus, claim 42 is rejected for the same reasons discussed in the rejection of claim 32.
Regarding claim 43, The structural elements of apparatus claim 33 perform all of the steps of method claim 43. Thus, claim 43 is rejected for the same reasons discussed in the rejection of claim 33.
Regarding claim 44, The structural elements of apparatus claim 37 perform all of the steps of method claim 44. Thus, claim 44 is rejected for the same reasons discussed in the rejection of claim 37.
Regarding claim 45, The structural elements of apparatus claim 38 perform all of the steps of method claim 45. Thus, claim 45 is rejected for the same reasons discussed in the rejection of claim 38.
Regarding claim 46, The structural elements of apparatus claim 15 perform all of the steps of method claim 46. Thus, claim 46 is rejected for the same reasons discussed in the rejection of claim 15.
Regarding claim 47, The structural elements of apparatus claim 27 perform all of the steps of method claim 47. Thus, claim 47 is rejected for the same reasons discussed in the rejection of claim 27.
Regarding claim 48, The structural elements of apparatus claim 17 perform all of the steps of method claim 48. Thus, claim 48 is rejected for the same reasons discussed in the rejection of claim 17.
Regarding claim 49, The structural elements of apparatus claim 18 perform all of the steps of method claim 49. Thus, claim 49 is rejected for the same reasons discussed in the rejection of claim 18.
Regarding claim 50, The structural elements of apparatus claim 21 perform all of the steps of method claim 49. Thus, claim 50 is rejected for the same reasons discussed in the rejection of claim 21.
Regarding claim 51, The structural elements of apparatus claim 22 perform all of the steps of method claim 51. Thus, claim 51 is rejected for the same reasons discussed in the rejection of claim 22.
Regarding claim 52, The structural elements of apparatus claim 23 perform all of the steps of method claim 52. Thus, claim 52 is rejected for the same reasons discussed in the rejection of claim 23.
3. Claim 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kramer in view of Nash as applied to claim 1 above, and further in view of Iwamoto et al. (US 20150257718).
Regarding claim 24, Kramer in view of Nash does not teach the system of claim 1, wherein the parent tracking system is a stereotactic navigation system.
Iwamoto teaches the system of claim 1, wherein the parent tracking system is a stereotactic navigation system (p0094: a stereotactic navigation system (SNS) that combines a microscope with a tracking system).
Kramer in view of Nash and are combinable because they both deal with management servers with a printing apparatus. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to combine the teachings of Kramer in view of Nash with the teaching of Iwamoto for providing systems and therapeutics concerning radiotherapy of microscopic disease based on realtime imaging.
Conclusion
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HELEN ZONG
Primary Examiner
Art Unit 2681
/HELEN ZONG/Primary Examiner, Art Unit 2681