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 Objections
Claims 1, 8, and 15 are objected to because of the following informalities:
The claims should be amended to recite --…to represent the tool in coaxial alignment--.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
While the claims recite “determining/determine when a threshold associated with the second parameter is satisfied”, which is interpreted as a mental step, the claims further recite responsive to determining/determine the threshold associated with the second parameter is satisfied, modifying a second aspect of the single aimer indicator to represent the tool is in coaxial alignment. Such step of modifying a second aspect of the single aimer indicator is deemed to lift the claims out of the mental step realm in that the modifying relates to a practical step of applying the results of the thresholding determining step into a user implemented step.
Further, the invention directs to a graphical user interface in surgical interventional applications and hence necessarily requires that the steps a performed on computer systems particular to such surgical interventional applications.
Hence, the claims are deemed subject matter eligible.
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.
Claims 1-4, 6-11, 13-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duindam, et al., US 20200054399 A1.
Regarding claim 1, Duindam teaches a method (abstract) comprising:
presenting, on a user interface ([0006] discloses a user interface), a single aimer indicator to identify when a first parameter of a tool is satisfied ([0006] discloses an indicator for an instrument),
wherein the first parameter pertains to a first axis associated with the tool [0040], [0063];
modifying a first aspect of the single aimer indicator to identify when a second parameter of the tool changes ([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter),
wherein the second parameter pertains to a second axis associated with the tool [0040], [0063];
determining when a threshold associated with the second parameter is satisfied [0081];
responsive to determining the threshold associated with the second parameter is satisfied, modifying a second aspect of the single aimer indicator to represent the tool is in coaxial alignment ([0086] disclose varying appearance of the indicator of a distal view of the catheter, such appearance being color ([0099], [0104]), to assist the clinician in identifying and aligning to the target location, including displaying semi-transparent passageway walls, a target indicator, an uncertainty zone, and/or a cross hair indicator).
Regarding claim 2, Duindam wherein the first aspect comprises a visual characteristic of the single aimer indicator ([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter).
Regarding claim 3, Duindam further teaches wherein the single aimer indicator comprises a cross-hair graphical element ([0116] discloses a reticle).
Regarding claim 4, Duindam further teaches wherein the single aimer indicator is represented in three-dimensions in real-time or near real-time [0077].
Regarding claim 6, Duindam further teaches wherein the first aspect comprises increasing or decreasing a thickness of a circle representing the single aimer indicator ([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter).
Regarding claim 7, Duindam further teaches wherein the second aspect comprises changing a color, flashing a color, or both of the single aimer indicator [0097].
Regarding claim 8, Duindam teaches a surgical controller (abstract) comprising:
a processor configured to couple to a display device (abstract);
a memory coupled to the processor, the memory storing instructions that, when executed by the processor [0048], cause the processor to:
present, on a user interface on the display device ([0006] discloses a user interface), a single aimer indicator to identify when a first parameter of a tool is satisfied ([0006] discloses an indicator for an instrument), wherein the first parameter pertains to a first axis associated with the tool [0040], [0063];
modify a first aspect of the single aimer indicator to identify when a second parameter of the tool changes([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter), wherein the second parameter pertains to a second axis associated with the tool [0040], [0063];
determine when a threshold associated with the second parameter is satisfied [0081];
responsive to determining the threshold associated with the second parameter is satisfied, modify a second aspect of the single aimer indicator to represent the tool is in coaxial alignment ([0086] disclose varying appearance of the indicator of a distal view of the catheter, such appearance being color ([0099], [0104]), to assist the clinician in identifying and aligning to the target location, including displaying semi-transparent passageway walls, a target indicator, an uncertainty zone, and/or a cross hair indicator).
Regarding claim 9, Duindam wherein the first aspect comprises a visual characteristic of the single aimer indicator ([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter).
Regarding claim 10, Duindam further teaches wherein the single aimer indicator comprises a cross-hair graphical element ([0116] discloses a reticle).
Regarding claim 11, Duindam further teaches wherein the single aimer indicator is represented in three-dimensions in real-time or near real-time [0077].
Regarding claim 13, Duindam further teaches wherein the first aspect comprises increasing or decreasing a thickness of a circle representing the single aimer indicator ([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter).
Regarding claim 14, Duindam further teaches wherein the second aspect comprises changing a color, flashing a color, or both of the single aimer indicator [0097].
Regarding claim 15, Duindam teaches a tangible, non-transitory computer-readable medium storing instructions [0048] that, when executed, cause a processing device to:
present, on a user interface on the display device ([0006] discloses a user interface), a single aimer indicator to identify when a first parameter of a tool is satisfied ([0006] discloses an indicator for an instrument), wherein the first parameter pertains to a first axis associated with the tool [0040], [0063];
modify a first aspect of the single aimer indicator to identify when a second parameter of the tool changes([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter), wherein the second parameter pertains to a second axis associated with the tool [0040], [0063];
determine when a threshold associated with the second parameter is satisfied [0081];
responsive to determining the threshold associated with the second parameter is satisfied, modify a second aspect of the single aimer indicator to represent the tool is in coaxial alignment ([0086] disclose varying appearance of the indicator of a distal view of the catheter, such appearance being color ([0099], [0104]), to assist the clinician in identifying and aligning to the target location, including displaying semi-transparent passageway walls, a target indicator, an uncertainty zone, and/or a cross hair indicator).
Regarding claim 16, Duindam wherein the first aspect comprises a visual characteristic of the single aimer indicator ([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter).
Regarding claim 17, Duindam further teaches wherein the single aimer indicator comprises a cross-hair graphical element ([0116] discloses a reticle).
Regarding claim 18, Duindam further teaches wherein the single aimer indicator is represented in three-dimensions in real-time or near real-time [0077].
Regarding claim 20, Duindam further teaches wherein the first aspect comprises increasing or decreasing a thickness of a circle representing the single aimer indicator ([0104] discloses that the bend indicator changes in radius to indicate bending of the catheter).
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, 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.
Claims 5, 12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Duindam, et al., US 20200054399 A1 in view of Van Vorhis, et al., US 20090209884 A1.
Regarding claim 5, Duindam teaches all the limitations of claim 1 above.
Duindam fails to teach providing, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone.
However, within the same field of endeavor, Van Vorhis teaches surgical computer systems, including computer program products, and methods for implant planning using corrected captured joint motion information (see abstract). Van Vorhis further teaches providing, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone, noting in [0101] and with respect to fig. 18, a live joint angle data display screen depicting a representation of the femur 732 and a representation of the tibia 734. The live joint angle data display screen 730 includes a flexion/extension indicator 736, a varus/valgus indicator 738, an internal/external rotation indicator 740, a capture pose button 742, and a capture screen button 744.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Duindam for providing, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone, as taught by Van Vorhis, as such modification would o generate a user interface that enables a user to select a pose at which the determined relationship is calculated, displayed, or both [0016], with a reasonable expectation of success, as Duindam also strives to provide a graphical user interface that supports intuitive control and management of medical instruments including flexible and/or steerable elongate devices, such as steerable catheters, that are suitable for use during minimally invasive medical techniques [0004].
Regarding claim 12, Duindam teaches all the limitations of claim 8 above.
Duindam fails to teach wherein the instructions further cause the processor to: provide, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone.
However, within the same field of endeavor, Van Vorhis teaches surgical computer systems, including computer program products, and methods for implant planning using corrected captured joint motion information (see abstract). Van Vorhis further teaches providing, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone, noting in [0101] and with respect to fig. 18, a live joint angle data display screen depicting a representation of the femur 732 and a representation of the tibia 734. The live joint angle data display screen 730 includes a flexion/extension indicator 736, a varus/valgus indicator 738, an internal/external rotation indicator 740, a capture pose button 742, and a capture screen button 744.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Duindam wherein the instructions further cause the processor to: provide, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone, as taught by Van Vorhis, as such modification would o generate a user interface that enables a user to select a pose at which the determined relationship is calculated, displayed, or both [0016], with a reasonable expectation of success, as Duindam also strives to provide a graphical user interface that supports intuitive control and management of medical instruments including flexible and/or steerable elongate devices, such as steerable catheters, that are suitable for use during minimally invasive medical techniques [0004].
Regarding claim 19, Duindam teaches all the limitations of claim 8 above.
Duindam fails to teach wherein the instructions further cause the processor to: provide, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone.
However, within the same field of endeavor, Van Vorhis teaches surgical computer systems, including computer program products, and methods for implant planning using corrected captured joint motion information (see abstract). Van Vorhis further teaches providing, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone, noting in [0101] and with respect to fig. 18, a live joint angle data display screen depicting a representation of the femur 732 and a representation of the tibia 734. The live joint angle data display screen 730 includes a flexion/extension indicator 736, a varus/valgus indicator 738, an internal/external rotation indicator 740, a capture pose button 742, and a capture screen button 744.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Duindam wherein the instructions further cause the processor to: provide, in the user interface, an overlay of one or more determined knee flexion angles as one or more lines on a portion of a bone, as taught by Van Vorhis, as such modification would o generate a user interface that enables a user to select a pose at which the determined relationship is calculated, displayed, or both [0016], with a reasonable expectation of success, as Duindam also strives to provide a graphical user interface that supports intuitive control and management of medical instruments including flexible and/or steerable elongate devices, such as steerable catheters, that are suitable for use during minimally invasive medical techniques [0004].
Conclusion
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
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