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 .
Election/Restrictions
Claims 14-19 and 24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/2025.
An action addressing pending claims 1-13 and newly added claims 25-28 follows.
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.
Claim(s) 1-5, 8, 13, 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abhari et al (US 2019/0015163). Regarding claims 1 and 25, Abhari et al discloses and teaches a method for accessing medical image data via computer (0033,0034, Fig 17, 0044-0048) wherein the medical data is acquired from a subject in real-time with imaging and depicts an anatomical target, generating with virtual reality (and an augmented reality system (with respect to instant claim 25) 0059, 0107) a guide which depicts distance from a reference point/location and an anatomical target in an overlaid fashion on the anatomical image data (0087, 0127, Fig 17-18, 0059, 0132, Fig 6a-b, 0087, 0097-0100, 0107, distance space via coordinate data). Additionally, the display of data while image data is acquired and the indication of alignment (Fig 6a-b, 0059, 0097, 0098, 0107, 0044, 0145, 0149).
Regarding claims 2-5, Abhari et al disclose and teach the guide including separation distance between the reference location and anatomical target in a first dimension and a second dimension showing the same in a second guide (orthogonally, 0087, 0099, Fig 6a-c, 0085, 0097-0098, 0107), the guide includes a third dimension showing a third separation distance (Fig 6c, in the depth/z direction (0087, 0099, Fig 6a-c), and the guide includes a linear display element (0096, fig 6b) which includes color differences/changes (0035, Fig 6).
Regarding claims 8 and 13, Abhari et al disclose and teach the use of an MRI system for imaging (0079 and the reference location including a medical device (0091) tracked with an RF coil (0054). The tip of the device is tracked (0056).
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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Abhari et la (US 2019/0015163) in view of Lang (US 2021/0192759). Regarding claims 6 and 7, Abhari et al discloses what is listed above, and additionally that the colors can be set by an operator or changed as desired for the display (0035, 0046-0048), but doesn’t teach that the threshold separation distance is set to a threshold and that threshold (above or below) changes the color of the linear display element, like .5cm or 1cm as in claim 7.
Attention is hereby directed to the teaching reference to Lang which expressly discloses and teaches that minimum distance thresholds are set to different colors (1731-1739, 0479 for setting) including at least two thresholds for distance from/to target. Lang additionally discloses .5cm and 1cm distances as intervals for measurement/indication (1686, 1942). It would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the visual guidance and incremental choice of Lang with those methods of Abhari et al to provide guidance to a surgeon in a surgical space (Lang, abs.
Claim(s) 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Abhari et la (US 2019/0015163) in view of Wang (US 2020/0256939). Abhari et al discloses what is listed above, but fails to disclose or teach a pulse sequence including a tracking sequence block, steady-state preparation block, and imaging sequence block in each TR, the imaging being either of a bSSFP or FSPGR acquisition.
Attention is hereby directed to the teaching reference to Wang which expressly discloses and teaches the use of a tracking sequence block (0098, 0028), steady state preparation block (0106) and imaging sequence block (0131) in each TR and also discloses the use of both bSSFP and FSPGR acquisitions (0116 and 0054 respectively). It would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the teachings of Wang with those of abhari et al for the purpose of providing high quality images for guidance (Wang, abs).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Abhari et la (US 2019/0015163) in view of Yang (US 2020/0030637). Abhari et al discloses what is listed above, but fails to disclose the reference location as a treatment isocenter for radiation therapy.
Attention is briefly directed to the teaching reference to Yang which expressly discloses and teaches the reference location corresponding to a treatment isocenter of a radiation therapy (0037, 0071). It would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the teachings of Yang for calibrating a treatment device during a surgical procedure (0035-0036, Yang).
Claim(s) 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Abhari et la (US 2019/0015163). Abhari et al discloses what is listed above, but does not disclose the stereoscopic interrogation of surface data for treatment assessments. Abhari et al does disclose the inclusion of the acquired data into therapeutic procedures, including (0042-0044) treatments of the body, but not for radiation therapy specifically.
Attention is hereby directed to the teaching reference to Lang which expressly denotes stereoscopic tracking of surface data (0670-0695 with a focus on 0680, 0689), the inclusion into cancer treatments and therapies (0676, 0684-00687), as well as the inclusion with MR imaging data and other diagnostic data for surgical planning (0676, 0697). It would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized a stereoscopic imaging system with that of Lang with the methods of Abhari et al to provide imaging diagnostic data which is accurate and assists with surgical procedures (Abs, 0676, Lang).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL M. LAMPRECHT whose telephone number is (571)272-3250. The examiner can normally be reached Mon - Fri 9:00-5:30.
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/JOEL LAMPRECHT/Primary Examiner, Art Unit 3798