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
This communication is a non-Final office action in merits. Claims 1-15, as originally filed, are presently pending and have been elected and considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/23/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2023-0053140, filed on 4/24/2023.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because it recites a computer-readable medium. A computer-readable medium may be transitory medium that includes a signal per se and specification does not exclude signal. It is suggested to recite a non-transitory computer-readable recording medium to overcome 35 U.S.C. 101 rejection.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-6, 8-13, 15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0122150 A1, Bidne et al. (hereinafter Bidne).
As to claim 1, Bidne discloses a device for setting coordinates of each part of an organ of a human body, the device comprising:
a memory (Fig 6: 6:20-630, memory and storage device); and a processor (Fig 6: 610, processor) configured to receive organ information on the organ (Figs 3-4; pars 0004, 0006, 0010, 0018, obtain organ images), set a plurality of isolines connecting a first area corresponding to a first part constituting the organ and a second area corresponding to a second part constituting the organ (Figs 5A-5B; pars 0029, 0039, 0045-0046, 0097, 0130, 0141, lines connecting areas in an iso-surface of the organ being isolines or contours), and generate organ coordinate system information including points information representing the plurality of isolines and the organ information (Figs 4D-4E, 5A-5B; pars 0025, 0097, 0105-0108, coordinate system corresponding organ information). Although Bidne discloses the details in one or more embodiments. Consider Bidne’s teachings in more than one embodiments as a whole, it would have been obvious to one of skill in the art before the filing date of invention to incorporate Bidne’s teachings together to provide a computer implemented medical visualization method and device for organs with predicable results.
As to claim 2, Bidne discloses the device of claim 1, wherein the processor is configured to: set a plurality of first points on the first area (pars 0004-0005, 0007, 0013, 0025, 0048, 0059, 0071); and set a plurality of second points on the second area (Figs 4G-4I, 5A-5B; pars 0029, 0046, 0137), and wherein the plurality of isolines are set by connecting the first point and the second point positioned at the same order from staring points to end points of the first area and the second area (Figs 5A-5B; pars 0029, 0046, 0137).
As to claim 3, Bidne discloses the device of claim 2, wherein the processor is configured to: set the plurality of first points at equal intervals; and set the plurality of second points at equal intervals (Figs 5A-5B), and wherein a number is set to each of the plurality of isolines sequentially from an isoline formed by connecting the starting points to an isoline formed by connecting the end points (Figs 4G-4I, 5A-5B).
As to claim 4, Bidne discloses the device of claim 3, wherein the processor is configured to: calculate a distance spaced apart from the first point or the second point positioned at the same order on an isoline formed by connecting the first point and the second point positioned at the same order (pars 0007, 0024, 0072, 0124); acquire a third point positioned at the distance spaced apart from the first point or the second point positioned at the same order; and generate the organ coordinate system information further including point information representing the plurality of first points, the plurality of second points, and the third point (Figs 4G-4I, 5A-5B).
As to claim 5, Bidne discloses the device of claim 4, wherein the plurality of isolines are positioned on an inner circumferential surface corresponding to a periphery of the organ (Figs 4K; pars 0024, 0046, 0054, 0084-0085).
As to claim 6, Bidne discloses the device of claim 5, wherein the organ information includes an organ image representing the organ (pars 0004, 0013, 0023, image of human organ, e.g. heart).
As to claim 8, it is a method claim necessitated claim 1. Rejection of claim 1 is therefore incorporated herein.
As to claims 9-13, they are rejected with the same reason as set forth in claims 2-6, respectively.
As to claim 15, it recites a computer-readable medium storing program to execute functions of claim 8. It is rejected with the same reason as set forth in claim 8.
Claims 7, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bidne in view of US 2021/0225014 A1, Na et al. (hereinafter Na).
As to claim 7, Bidne discloses the device of claim 6, wherein the organ information includes a name of the organ (Fig 3G: 360-364, user input anatomical items of the patient image, e.g. name or the organ; pars 0040) and medical names of respective parts constituting the organ, wherein the first part corresponds to a first medical name, wherein the second part corresponds to a second medical name (Figs 3G-3J, indicating/identifying names and models of anatomical items, portions of anatomical item from imaging data, etc.) wherein the first medical name includes a lesser curvature, and wherein the second medical name includes a greater curvature (Figs 3G-3J, 4B, 4K, note given the shape/parts of the organ (e.g. heart), medical names can well include the shape of the anatomical items to differentiate themselves).
Bidne does not disclose the organ corresponds to a stomach. However, an ordinary skill in the art would appreciate and understand the computer implemented medical visualization method and device for organ such as heart may well be applied to stomach. Nevertheless, Na, in the same or similar field of endeavor, additionally teaches visualization technique and 3D imaging and modeling for patient’s organs including stomach (pars 0072, 0082). Therefore, consider Bidne and Na’s teachings as a whole, it would have been obvious to one of skill in the art before the filing date of invention to incorporate Na’s teachings in Bidne’s device to apply its visualization method and device for organs including stomach.
As to claim 14, it is rejected with the same reason as set forth in claim 7.
Examiner’s Note
Examiner has cited particular column, line number, paragraphs and/or figure(s) in the reference(s) as applied to the claims for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the reference(s) in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUN SHEN whose telephone number is (571)270-7927. The examiner can normally be reached on Mon-Fri 8:30-5:50 PT.
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/QUN SHEN/
Primary Examiner, Art Unit 2662