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 .
This application has been examined. Claims 15-32 are pending.
Notice to applicant
Claim 22, line 13, the phrase “procedural step based on a first spatial position”. It should be “procedural step based on a second spatial position”
Confirmation or correction is needed.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15-32, are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Blau (US 2021/0248779 A1).
As per claim 15, Blau discloses a method of autonomously performing a surgical procedure using a programmed processing unit for controlling a robotic device, the method comprising: determining a first spatial position and orientation of a portion on the robotic device (see at least the abstract disclose at the first object, a geometrical aspect like an axis or a line is determined; and para. [0019-0021] disclose the terms “localize” and “localization” mean a determination of the 3D orientation of an object and a determination of the 2D spatial position of the projection of that object onto the image plane); controlling a first movement of the robotic device based on the first spatial position and orientation of the portion of the robotic device using the programmed processing unit to perform a first surgical procedural step (see at least [0055] disclose control movement of a C-arm of an X-ray imaging device; and para. [0060] disclose all of the steps are performed by a robot); generating a projection image in response to a trigger information while the robotic device is stationary after the first surgical procedural step (see at least [0039-0042] disclose instructions to a user for adjustment of the C-arm for imaging on the basis of the known geometry of the imaging device and the possibilities of changing the position and orientation of the C-arm; and para. [0194] disclose in case the user moved the patient rather that the C-arm, this implies the robot device (C-arm) is stationary); processing the projection image in the programmed processing unit to determine a second spatial position and orientation of the portion of the robotic device based on the projection image (see at least [0065-0070] disclose instructions to change the orientation of the bone drill so that the tip is on an axis extending through the hole in the bone nail and the drill axis is close to the hole axis….while maintaining the position of the drill tip, a second X-ray image of the drill and the bone nail within the long bone may be generated); and controlling a second movement of the robotic device based on the second spatial position and orientation of the portion of the robotic device using the programmed processing unit so as to perform a second surgical procedural step (see at least [0181-0187] disclose instruction to adjust the C-arm).
As per claim 16, Blau discloses the trigger information is generated on the programmed processing unit based on data received from a trigger mechanism selected from the group consisting of a sensor for the robotic device, a navigation system, a tracking system, a camera, a previous projection image, an intraoperative 3D scan, a definition of a space of movement or a combination thereof (see at least [0039-0042] disclose instructions to a user for adjustment of the C-arm for imaging on the basis of the known geometry of the imaging device and the possibilities of changing the position and orientation of the C-arm; and para. [0065-0070] disclose instruction to change the orientation of the bone drill so that the tip is on an axis extending through the hole in the bone nail and the drill axis is close to the hole axis).
As per claim 17, Blau discloses determining a deviation of at least one of the first spatial position and orientation the first spatial position and orientation from an expected spatial position and orientation; and calculating calibration information based on the deviation on the programmed processing unit (see at least [0066-0069] disclose based on the second X-ray image, a deviation of the 3D position and 3D orientation of the drill axis from the axis through the hole in the bone nail may be determined).
As per claim 18, Blau discloses determining an imaging direction for a next projection image using the programmed processing unit (see at least [0065-0066] disclose the system may give instructions to change the orientation of the bone drill…a second X-ray image of the drill and the bone nail within the long bone may be generated).
As per claim 19, Blau discloses generating a projection image with an imaging device (see at least [0019-0021] disclose a projection image with an imaging device).
As per claim 20, Blau discloses controlling the imaging device using the programmed processing unit to move to a new position for generating a projection image from a different imaging direction (see at least [0038-0042] disclose instruction for adjustment of the C-arm; and para. [0065-0070] disclose generate a second X-ray image).
As per claim 21, Blau discloses controlling movement of the robotic device based on information from a data source selected from the group consisting of: image processing of a further projection image, information from a tracking system, information from a navigation system, information from a camera, information from a lidar, information from a pressure sensor, calibration information, or a combination thereof (see at least [0180-0185] disclose controlling the C-arm moved up and down, adjust the C-arm such that a target structure appears at the desired location in the X-ray projection image).
Claims 22-28, are system claims corresponding to method claims 15-21 above. Therefore, they are rejected for the same rationales set forth as above.
As per claim 29, Blau discloses a method of autonomously performing a surgical procedure with a robotic device, the method comprising: controlling a movement of the robotic device based on a first spatial position and orientation of a portion of the robotic device for performing a first surgical procedural step (see at least the abstract disclose at the first object, a geometrical aspect like an axis or a line is determined; and para. [0019-0021] disclose the terms “localize” and “localization” mean a determination of the 3D orientation of an object and a determination of the 2D spatial position of the projection of that object onto the image plane; and [0055] disclose control movement of a C-arm of an X-ray imaging device; and para. [0060] disclose all of the steps are performed by a robot); pausing the movement of the robotic device in response to a trigger information; receiving a projection image of the portion of the robotic device in a paused state (see at least [0039-0042] disclose instructions to a user for adjustment of the C-arm for imaging on the basis of the known geometry of the imaging device and the possibilities of changing the position and orientation of the C-arm; and para. [0194] disclose in case the user moved the patient rather that the C-arm, this implies the robot device (C-arm) is stationary); determining a second spatial position and orientation of the portion of the robotic device based on the projection image (see at least [0065-0070] disclose instructions to change the orientation of the bone drill so that the tip is on an axis extending through the hole in the bone nail and the drill axis is close to the hole axis….while maintaining the position of the drill tip, a second X-ray image of the drill and the bone nail within the long bone may be generated); and controlling the movement of the robotic device based on a second spatial position and orientation of the portion of the robotic device for performing a second surgical procedural step (see at least [0181-0187] disclose instruction to adjust the C-arm).
As per claim 30, Blau discloses generating the trigger information based on data received from a trigger mechanism selected from the group consisting of a sensor at the robotic device, a navigation system, a tracking system, a camera, a previous projection image, an intraoperative 3D scan, a predefined space of movement or a combination thereof (see at least [0039-0042] disclose instructions to a user for adjustment of the C-arm for imaging on the basis of the known geometry of the imaging device and the possibilities of changing the position and orientation of the C-arm; and para. [0065-0070] disclose instruction to change the orientation of the bone drill so that the tip is on an axis extending through the hole in the bone nail and the drill axis is close to the hole axis).
As per claim 31, Blau discloses controlling movement of the robotic device further comprises receiving information from a data source selected from the group consisting of: a navigation system, a tracking system, a camera, and a sensor (see at least [0180-0185] disclose controlling the C-arm moved up and down, adjust the C-arm such that a target structure appears at the desired location in the X-ray projection image).
As per claim 32, Blau discloses determination of the first or second spatial position and orientation further comprises receiving information from a data source selected from the group consisting of: a navigation system, a tracking system, a camera, and a sensor (see at least [0019-0021]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
. Crawford et al. (10531927)
. Chiou et al. (12211151)
. Roh et al. (US 2023/0270562 A1)
. Braido et al. (US 2023/0157757 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALENA TRAN whose telephone number is (571)272-6968. The examiner can normally be reached M-F 7AM-5PM.
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, ADAM MOTT can be reached at 571-270-5376. 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.
/DALENA TRAN/Primary Examiner, Art Unit 3657