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
Applicant’s election without traverse of Group 1 (claims 1-7, 13) in the reply filed on 04/02/2026 is acknowledged.
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 13 is rejected under 35 U.S.C. 101 because it set forth a computer- readable storage medium, which can encompass a signal which is non-statutory. The Examiner recommends adding the term "non-transitory" before the term "computer- readable storage medium".
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 1-7, 13 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, line 1 it is unclear as to what it means to acquire position information of a target tissue working area calibrated in an endoscopic image; what additional steps are being done other than taking an image in order for that image acquisition to be calibrated as claimed.
In claim 1 it is unclear as to what is a “standard” coordinate system; what would be the difference between a standard coordinate system and merely a coordinate system.
In claim 1 it is unclear as to what it means to “so as to obtain an ultrasound image in the standard coordinate system”; does it means to take an image from within the 2D slice image contour? This limitation is indefinite.
Finally, in claim 1 it is set forth “and the tissue cutting path planning is performed on the basis of the endoscopic image in the standard coordinate system and the ultrasound image in the standard coordinate system”; however, it is unclear since no step of performing a tissue cutting path planning is positively set forth; furthermore, the term “on the basis of the endoscopic image ….and the ultrasound image” is unclear what it means; would performing a tissue cutting path planning that include these two images as some point during the process be considered as “on the basis of”? the terminology is unclear.
Claim Rejections - 35 USC § 102
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) 1-7, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aljuri et al. (US 2017/0245878, hereinafter Aljuri).
With respect to claims 1, 13 Aljuri discloses A multi-image information fusion method for tissue cutting path planning, comprising:
acquiring position information of a target tissue working area calibrated in an endoscopic image photographed by an endoscopic apparatus (see para. 0404 “IG. 22C shows an endoscope 394 placed in the working channel of elongate element 310 with carrier 382 to image tissue. The endoscope 394 can be used to image the tissue profile as described herein. For example, a fluid stream can be used to illuminate the tissue with laser pointing with the fluid stream, for example columnar fluid stream 331. The known angle and axial location of the fluid stream can be used with the location of the image from the endoscope to determine the surface profile of the tissue”., and converting the position information of the target tissue working area into coordinate information in a standard coordinate system, so as to obtain an endoscopic image in the standard coordinate system (see para. 0017 “the images of the patient shown on the display can be aligned mapped to the treatment coordinate reference system, and the mapped treatment profile shown on the patient images. The images of the patient may comprise one or more structures of the probe inserted into the patient, and the structures of the probe in the image can be identified in order to align the image with the markers of the treatment plan shown on the display.”;
acquiring a three-dimensional ultrasound image of a target tissue (see para. 0016, “In many embodiments, a three dimensional data of the target tissue of the patient is obtained, and may be displayed to the user as a three dimensional representation. The three dimensional data may be shown in sagittal and axial cross sections, and the cross-sections may comprise segmentation of the targeted tissue. The three dimensional data can be obtained in one or more of many ways, and may comprise ultrasound data, magnetic resonance imaging data, positron emission tomography data, or computerized axial tomography data. In many embodiments, three dimensional data of the prostate are obtained, and segmented images along sagittal and transverse planes are displayed to the user.”;
and extracting two-dimensional slice image contour position information of the three- dimensional ultrasound image (see Fig. 21F below), and converting the two-dimensional slice image contour position information into coordinate information in the standard coordinate system, so as to obtain an ultrasound image in the standard coordinate system (see para. 0339 “In many embodiments, the user can identify a plurality of points of a treatment profile on the image of the tissue of the patient, and the plurality of points are mapped to the treatment coordinate reference, and shown on the display so that the user can verify that the treatment coordinates of the treatment profile shown on the display treat the targeted tissue as intended by the user.”), wherein the endoscopic apparatus comprises an endoscope and a position feedback apparatus (see para. 0281, 0282), and the tissue cutting path planning is performed on the basis of the endoscopic image in the standard coordinate system and the ultrasound image in the standard coordinate system (see steps, including imaging, resect tissue, Figs. 20A,B,C).
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With respect to claim 2 Aljuri discloses the multi-image information fusion method for tissue cutting path planning according to claim 1, characterized in that, further comprising the following steps: selecting a coordinate system where a fixed reference component is located as the standard coordinate system, and converting the acquired position information into the coordinate information in the standard coordinate system by a coordinate transformation matrix (see para. 0336).
With respect to claim 3 Aljuri discloses the multi-image information fusion method initial for tissue cutting path planning according to claim 2, characterized in that, the coordinate transformation matrix is obtained by relative calibration (see para. 0336).
With respect to claim 4 Aljuri discloses the multi-image information fusion method for tissue cutting path planning according to claim 1, characterized in that, the step of acquiring the position information of the target tissue working area calibrated by the endoscopic apparatus comprises: acquiring cutting starting position information and cutting ending position information of an ablation tool calibrated by the endoscopic apparatus (see para. 0319).
With respect to claim 5 Aljuri discloses the multi-image information fusion method for tissue cutting path planning according to claim 4, characterized in that, the step of acquiring the cutting starting position information of the ablation tool comprises: moving the endoscopic apparatus to a position where a urethral orifice is observed through a bladder neck, calibrating the position as the cutting starting position, and automatically acquiring, by the position feedback apparatus, the cutting starting position information (see Fig. 19, Fig. 20A,B,C).
With respect to claim 6 Aljuri discloses the multi-image information fusion method for tissue cutting path planning according to claim 4, characterized in that, the step of acquiring the cutting ending position information of the ablation tool comprises: moving the endoscopic apparatus to a seminal colliculus position, calibrating the position as the cutting ending position, and automatically acquiring, by the position feedback apparatus, the cutting ending position information (see Fig. 19, Fig. 20A,BC).
With respect to claim 7 Aljuri discloses the multi-image information fusion method for tissue cutting path planning according to claim 1, characterized in that, the step of extracting the two-dimensional slice image contour position information comprises: extracting ablation tool contour position information and target tissue contour position information (see para. 0013).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Aljuri (US 2009/0227998) which discloses Methods and systems for modifying tissue use a pressurized fluid stream carrying coherent light energy. The methods and systems may be used for resecting and debulking soft and hard biological tissues. The coherent light is focused within a stream of fluid to deliver energy to the tissue to be treated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
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, Anne M. Kozak can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M SANTOS RODRIGUEZ/Primary Examiner, Art Unit 3797
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