Prosecution Insights
Last updated: August 15, 2026
Application No. 18/565,330

ORIENTING AN X-RAY DEVICE BASED ON AN ULTRASOUND IMAGE

Non-Final OA §112
Filed
Nov 29, 2023
Priority
Jun 10, 2021 — EU PCT/EP2021/065630 +1 more
Examiner
TANINGCO, MARCUS H
Art Unit
2884
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Brainlab AG
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
927 granted / 1146 resolved
+12.9% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
29 currently pending
Career history
1173
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
12.4%
-27.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1146 resolved cases

Office Action

§112
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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 6 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. Claim 6 recites the limitation "which has been trained for example by executing the method according to the preceding claim" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claims 1-5, 9, and 12-16 are allowed. Claims 6 and 7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: US 10074037 B2 teaches a method and system for determining optimal operating parameters for medical imaging comprising determining optimal operating parameters for medical imaging using a learned model, training the model using training images together with operating parameters, learning a mapping between operating parameters and an image quality measure, using regression to learn the mapping, and determining optimized operating parameters using the trained model. US 8705829 B2 teaches a method and apparatus for performing 2D to 3D registration comprising: associating a first orientation information with a body relative to a first imaging device, determining a second orientation information relative to a second imaging device and generating a DRR having an orientation corresponding to a second image based on the first and second orientation information. However, none of the prior art teach a method for controlling a medical imaging device comprising: tracking a first and a second medical imaging device in a navigation reference system, defining a relationship between the first device orientation and a control parameter of the second device and determining a control parameter that controls the second imaging device based on the two tracked device orientations and/or determining the second imaging device control parameter by inputting the first imaging device operating parameter data and imaging signal data into a trained algorithm configured to establish a relationship between the operating parameter and the control parameter and determining a resulting loss function. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS H TANINGCO whose telephone number is (571)272-1848. The examiner can normally be reached Monday-Friday 9am-6pm EST. 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, Uzma Alam can be reached on 571-272-3995. 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. /MARCUS H TANINGCO/Primary Examiner, Art Unit 2884
Read full office action

Prosecution Timeline

Nov 29, 2023
Application Filed
Aug 06, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
88%
With Interview (+6.6%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1146 resolved cases by this examiner. Grant probability derived from career allowance rate.

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