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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/16/2026 has been entered.
Response to Arguments
Applicant’s arguments, see Applicant’s responses filed 03/16/2026, with respect to the rejections of claims 21 and 34 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of newly found prior art, Liu, Y., US 20180270474 A1, which discloses an optical imaging system that utilizes a three-dimensional (3D) light scanner to capture topography information, color reflectance information, and fluorescence information of a target object being imaged, such as a surgical patient (see abstract).
Therefore, the claims stand rejected.
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.
Claims 21-24 and 26-38 are rejected under 35 U.S.C. 103 as being unpatentable over Hunter, et al., US 20190223689 A1 in view of Liu, Y., US 20180270474 A1.
Regarding claim 21, Hunter teaches a system (see fig. 1 and [0050]), comprising:
an emitter to emit waveforms of electromagnetic radiation (EMR); an image sensor to detect reflected waveforms of EMR ([0006], [0039], [0041], and [0081] disclose that the imaging device is optical coherence tomography, which inherently includes emitting EMR, receiving reflected EMR and processing received reflected EMR to form an image, evidenced by Reisman1);
a control circuit (processor 30 of [0030]) to:
receive preoperative imaging data indicative of an anatomical structure and an embedded structure within the anatomical structure ([0032] states “A processor, such as a computer, is configured to receive image data associated with the dynamic body taken during a pre-surgical or pre-procedural first time interval”, the dynamic body being a lung according to [0073], for which vessels [0106] and pre-cancerous tissue [0041] is displayed);
receive, from the image sensor, intraoperative imaging data indicative of the anatomical structure ([0034] states that “An image from the pre-procedural image data taken during the first time interval can then be selected where the distance between the pair of selected markers in that image corresponds with or closely approximates the same distance determined using the localization elements at a given instant in time during the second time interval. This process can be done continuously during the medical procedure, producing simulated real-time, intra-procedural images illustrating the orientation and shape of the targeted anatomy as a catheter, sheath, needle, forceps, guidewire, fiducial delivery devices, therapy device (ablation modeling, drug diffusion modeling, etc.) or similar structure(s) is/are navigated to the targeted anatomy.”);
generate a real-time digital representation of the anatomical structure from the intraoperative imaging data ([0037] states that “One aspect is directed to recording 3D location and bronchoscopic video to construct a 3D model of the patient's airway. This 3D video can be recorded over multiple sessions (e.g., weeks between recording) and color, size, and shape analysis/change can be determined and/or compared for diagnostic purposes. Not only can airway lumen size and/or shape be compared, but a deformation or vector field can also be compared for the multiple sessions.”),
wherein the real-time digital representation of the anatomical structure defines a series of different geometries based on the intraoperative imaging data ([0034] states that “An image from the pre-procedural image data taken during the first time interval can then be selected where the distance between the pair of selected markers in that image corresponds with or closely approximates the same distance determined using the localization elements at a given instant in time during the second time interval. This process can be done continuously during the medical procedure, producing simulated real-time, intra-procedural images illustrating the orientation and shape of the targeted anatomy as a catheter, sheath, needle, forceps, guidewire, fiducial delivery devices, therapy device (ablation modeling, drug diffusion modeling, etc.) or similar structure(s) is/are navigated to the targeted anatomy.” And [0037] states that “One aspect is directed to recording 3D location and bronchoscopic video to construct a 3D model of the patient's airway. This 3D video can be recorded over multiple sessions (e.g., weeks between recording) and color, size, and shape analysis/change can be determined and/or compared for diagnostic purposes. Not only can airway lumen size and/or shape be compared, but a deformation or vector field can also be compared for the multiple sessions.”), and
wherein the series of different geometries comprises a first geometry and a second geometry (see reproduced fig. 6 below and [0073] showing the deformations of the localization elements 224, indicative of changes in lung volume and shape during inspiration and expiration);
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align the preoperative imaging data with the real-time digital representation of the anatomical structure in the first geometry ([0071] states that “One method of selecting the appropriate image from the pre-procedural images is to execute an algorithm that can sum all of the distances a1 through a6 and then search for and match this sum to an image containing a sum of all of the distances d1 through d6 obtained pre-procedurally from the image data that is equal to the sum of the distances a1 through a6. When the difference between these sums is equal to zero, the relative position and orientation of the anatomy or dynamic body D during the medical procedure will substantially match the position and orientation of the anatomy in the particular image. The image associated with distances d1 through d6 that match or closely approximate the distances a1 through a6 can then be selected and displayed.”);
register the embedded structure from the preoperative imaging data to the real- time digital representation of the anatomical structure in the first geometry of the real-time digital representation of the anatomical structure ([0036] states that “a real-time pathway registration is applied to a pre-acquired dataset that does not contain the PTD. It will be understood that the pre-acquired dataset can be at only one cycle of a patient's respiratory, heartbeat, or other path of motion. In order to optimize the registration of a pre-acquired dataset that does not contain the PTD, a PTD can be subsequently applied to the patient, and the PTD signal can be used to collect registration information throughout full range or path of motion but only that information that is captured at a similar PTD orientation, shape, or point along the PTD cycle of motion is used. This method enhances the registration accuracy by ensuring that the registration points being used to register are at the same point during the initial dataset acquisition”. This applies to the lung model according [0107]);
determine a position of the embedded structure relative to the real-time digital representation of the anatomical structure in the first geometry of the real-time digital representation of the anatomical structure ([0041] states that “a high-speed three-dimensional imaging device, such as an optical coherence tomography (OCT) device, can be tracked. In accordance with conventional methods, such a device can only view 1-2 mm below the surface. With an EM sensor attached in accordance with the systems and methods described herein, multiple 3D volumes of data can be collected and a larger 3D volume of collected data can be constructed. Knowing the 3D location and orientation of the multiple 3D volumes will allow the user to view a more robust image of, for example, pre-cancerous changes in the esophagus or colon.”); and
update, in real time, the position of the embedded structure relative to the real-time digital representation of the anatomical structure in the second geometry of the real-time digital representation of the anatomical structure ([0079] states that “When an image is found that provides the sum of distances for the selected pairs of markers that is substantially the same as the sum of the distances between the localization elements during the second time interval, then that image is selected at step 68. The selected image can then be displayed at step 70. The physician can then observe the image during the medical procedure on a targeted portion of the dynamic body. Thus, during the medical procedure, the above process can be continuously executed such that multiple images are displayed and images corresponding to real-time positions of the dynamic body can be viewed”. Of note, these continuously executed processes apply to the anatomical models according to [0107] which states that “The surgical instrument navigation system of the present invention may also incorporate atlas maps. It is envisioned that three-dimensional or four-dimensional atlas maps may be registered with patient specific scan data or generic anatomical models. Atlas maps may contain kinematic information (e.g., heart and lung models) that can be synchronized with four-dimensional image data, thereby supplementing the real-time information. In addition, the kinematic information may be combined with localization information from several instruments to provide a complete four-dimensional model of organ motion. The atlas maps may also be used to localize bones or soft tissue which can assist in determining placement and location of implants”. This statement in [0107] supports claim 8 which recitation of forming a three-dimensional navigation model representative of the patient's lung anatomy from CT data; (v) navigating the endoscope to a location in the anatomy; (vi) conforming the three-dimensional navigation model to the shape of the airway or the vessel of the patient at the location within the model, which is continuously updated in real-time according to [0079]).
Hunter fails to teach wherein the position is determined via triangulation between the emitter, a sensor, and the embedded structure.
However, within the same field of endeavor, Liu teaches an optical imaging system utilizes a three-dimensional (3D) light scanner to capture topography information, color reflectance information, and fluorescence information of a target object being imaged, such as a surgical patient (see abstract), wherein the position is determined via triangulation between the emitter, a sensor, and the embedded structure (fig. 8C, [0137]-[0138] disclose a triangulation for determining geometric relationship between a target object, a light emitter and an image detector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Hunter, wherein the position is determined via triangulation between the emitter, a sensor, and the embedded structure, as taught by Liu, to improve the accuracy of the detection of the geometric relationship ([0134], [0149]).
Regarding claim 22, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches wherein the anatomical structure comprises a surface illuminated by visible light, and wherein the embedded structure is not illuminated by visible light ([0041] states that “a high-speed three-dimensional imaging device, such as an optical coherence tomography (OCT) device, can be tracked. In accordance with conventional methods, such a device can only view 1-2 mm below the surface. With an EM sensor attached in accordance with the systems and methods described herein, multiple 3D volumes of data can be collected and a larger 3D volume of collected data can be constructed.”).
Regarding claim 23, Hunter in view of Liu teaches all the limitations of claim 22 above.
Hunter further teaches wherein the surface comprises a first side and a second side, wherein the image sensor and the emitter are positioned on a first side of the surface, and wherein the embedded structure is positioned on a second side of the surface (see figs. 8 and 10 and [0090] and [0093] that describe positioning imaging device externally to the patient).
Regarding claim 24, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches wherein the anatomical structure is located within a patient, and wherein the emitter is positioned on a tool inserted into a cavity within the patient (abstract states “The surgical instrument navigation system includes: a surgical instrument; an imaging device which is operable to capture scan data representative of an internal region of interest within a given patient;”, and [0091] states that “The surgical instrument 12 is preferably a relatively inexpensive, flexible and/or steerable catheter that may be of a disposable type. The surgical instrument 12 is modified to include one or more tracking sensors that are detectable by the tracking subsystem 20. It is readily understood that other types of surgical instruments (e.g., a guide wire, a needle, a forcep, a pointer probe, a stent, a seed, an implant, an endoscope, an energy delivery device, a therapy delivery device, etc.) are also within the scope of the present invention.”).
Regarding claim 26, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches wherein the real-time digital representation of the anatomical structure comprises a three-dimensional model ([0037] states that “One aspect is directed to recording 3D location and bronchoscopic video to construct a 3D model of the patient's airway. This 3D video can be recorded over multiple sessions (e.g., weeks between recording) and color, size, and shape analysis/change can be determined and/or compared for diagnostic purposes).
Regarding claim 27, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches wherein the first geometry comprises an inflated geometry, and wherein the second geometry comprises a deflated geometry(figs. 6 and [0073] describe the changes in lung volume with respect to inhalation (inspiration) and exhalation (expiration) used to reconstruct the virtual volumetric scene within the body of the patient, such as an internal body cavity, from a point of view of a surgical instrument 12 residing in the cavity of a patient 13 according to [0090]. That is, the 3D model of the patient ([0037] depicts the size and shapes of the lung when the lung is inflated (during inhalation) and deflated (during exhalation)).
Regarding claim 28, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches wherein the anatomical structure comprises a lung ([0032] states that “The apparatus is configured to be coupled to a dynamic body, such as selected dynamic anatomy of a patient. Dynamic anatomy can be, for example, any anatomy that moves during its normal function (e.g., the heart, lungs, kidneys, liver and blood vessels).”).
Regarding claim 29, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches wherein the embedded structure comprises a structure selected from a group consisting of a vessel, a nerve, a duct, and a tumor ([0106] states that “To enhance visualization and refine accuracy of the displayed image data, the surgical navigation system can use prior knowledge such as the segmented vessel or airway structure to compensate for error in the tracking subsystem or for inaccuracies caused by an anatomical shift occurring since acquisition of scan data. For instance, it is known that the surgical instrument 12 being localized is located within a given vessel or airway and, therefore should be displayed within the vessel or airway. Statistical methods can be used to determine the most likely location; within the vessel or airway with respect to the reported location and then compensate so the display accurately represents the instrument 12 within the center of the vessel or airway” and [0041] states that “With an EM sensor attached in accordance with the systems and methods described herein, multiple 3D volumes of data can be collected and a larger 3D volume of collected data can be constructed. Knowing the 3D location and orientation of the multiple 3D volumes will allow the user to view a more robust image of, for example, pre-cancerous changes in the esophagus or colon.”).
Regarding claim 30, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches wherein the preoperative imaging data comprises data selected from a group consisting of ultrasound imaging data, magnetic resonance imaging data and computerized tomography imaging data ([0041] states that “Knowing the 3D location and orientation of the multiple 3D volumes will allow the user to view a more robust image of, for example, pre-cancerous changes in the esophagus or colon. This data can also be correlated to pre-acquired or intra-procedurally acquired CT, fluoroscopic, ultrasound, or 3D fluoroscopic images to provide additional information”).
Regarding claim 31, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further discloses a monitor communicably coupled to the control circuit ([0085] states “Image guidance computing platform 30 can take the form of a computer, and may include a monitor on which a representation of one or more instruments used during the IGI can be displayed over an image of the anatomy of interest”. [0090] also discloses a display 18), wherein the monitor is to convey motion of the anatomical structure between the first geometry and the second geometry (the monitor and display perform the intended purpose of conveying motion of the anatomical structure between the first geometry and the second geometry, according [0104]-[0106]).
Regarding claim 32, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches a monitor communicably coupled to the control circuit ([0085] states “Image guidance computing platform 30 can take the form of a computer, and may include a monitor on which a representation of one or more instruments used during the IGI can be displayed over an image of the anatomy of interest”. [0090] also discloses a display 18), wherein the monitor is to convey the updated position of the embedded structure relative to the real-time digital representation of the anatomical structure (the monitor and display perform the intended purpose of conveying the updated position of the embedded structure relative to the real-time digital representation of the anatomical structure, according [0104]-[0106]).
Regarding claim 33, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter further teaches wherein the anatomical structure comprises a lung ([0032] states that “The apparatus is configured to be coupled to a dynamic body, such as selected dynamic anatomy of a patient. Dynamic anatomy can be, for example, any anatomy that moves during its normal function (e.g., the heart, lungs, kidneys, liver and blood vessels).”), wherein the embedded structure comprises a tumor ([0041] states that “With an EM sensor attached in accordance with the systems and methods described herein, multiple 3D volumes of data can be collected and a larger 3D volume of collected data can be constructed. Knowing the 3D location and orientation of the multiple 3D volumes will allow the user to view a more robust image of, for example, pre-cancerous changes in the esophagus or colon.”), wherein the first geometry comprises an inflated geometry of the lung, and wherein the second geometry comprises a deflated geometry of the lung (figs. 6 and [0073] describe the changes in lung volume with respect to inhalation (inspiration) and exhalation (expiration) used to reconstruct the virtual volumetric scene within the body of the patient, such as an internal body cavity, from a point of view of a surgical instrument 12 residing in the cavity of a patient 13 according to [0090]. That is, the 3D model of the patient ([0037] depicts the size and shapes of the lung when the lung is inflated (during inhalation) and deflated (during exhalation)).
Regarding claim 34, Hunter teaches a system (see fig. 1 and [0050]), comprising:
an emitter to emit waveforms of electromagnetic radiation (EMR); an image sensor to detect reflected waveforms of EMR ([0006], [0039], [0041], and [0081] disclose that the imaging device is optical coherence tomography, which inherently includes emitting EMR, receiving reflected EMR and processing received reflected EMR to form an image, evidenced by Reisman2);
a control circuit (processor 30 of [0030]) to:
receive preoperative imaging data indicative of an anatomical structure and an embedded structure within the anatomical structure in a first geometry of the anatomical structure ([0032] states “A processor, such as a computer, is configured to receive image data associated with the dynamic body taken during a pre-surgical or pre-procedural first time interval”, the dynamic body being a lung according to [0073], for which vessels [0106] and pre-cancerous tissue [0041] is displayed);
receive, from the image sensor, intraoperative imaging data indicative of the anatomical structure ([0034] states that “An image from the pre-procedural image data taken during the first time interval can then be selected where the distance between the pair of selected markers in that image corresponds with or closely approximates the same distance determined using the localization elements at a given instant in time during the second time interval. This process can be done continuously during the medical procedure, producing simulated real-time, intra-procedural images illustrating the orientation and shape of the targeted anatomy as a catheter, sheath, needle, forceps, guidewire, fiducial delivery devices, therapy device (ablation modeling, drug diffusion modeling, etc.) or similar structure(s) is/are navigated to the targeted anatomy.”);
generate a real-time digital representation of the anatomical structure from the intraoperative imaging data ([0037] states that “One aspect is directed to recording 3D location and bronchoscopic video to construct a 3D model of the patient's airway. This 3D video can be recorded over multiple sessions (e.g., weeks between recording) and color, size, and shape analysis/change can be determined and/or compared for diagnostic purposes. Not only can airway lumen size and/or shape be compared, but a deformation or vector field can also be compared for the multiple sessions.”),
wherein the real-time digital representation of the anatomical structure defines a series of different geometries based on the intraoperative imaging data ([0034] states that “An image from the pre-procedural image data taken during the first time interval can then be selected where the distance between the pair of selected markers in that image corresponds with or closely approximates the same distance determined using the localization elements at a given instant in time during the second time interval. This process can be done continuously during the medical procedure, producing simulated real-time, intra-procedural images illustrating the orientation and shape of the targeted anatomy as a catheter, sheath, needle, forceps, guidewire, fiducial delivery devices, therapy device (ablation modeling, drug diffusion modeling, etc.) or similar structure(s) is/are navigated to the targeted anatomy.” And [0037] states that “One aspect is directed to recording 3D location and bronchoscopic video to construct a 3D model of the patient's airway. This 3D video can be recorded over multiple sessions (e.g., weeks between recording) and color, size, and shape analysis/change can be determined and/or compared for diagnostic purposes. Not only can airway lumen size and/or shape be compared, but a deformation or vector field can also be compared for the multiple sessions.”), and
wherein the series of different geometries comprises a first geometry and a second geometry (see reproduced fig. 6 below and [0073] showing the deformations of the localization elements 224, indicative of changes in lung volume and shape during inspiration and expiration);
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align the preoperative imaging data with the real-time digital representation of the anatomical structure in the first geometry ([0071] states that “One method of selecting the appropriate image from the pre-procedural images is to execute an algorithm that can sum all of the distances a1 through a6 and then search for and match this sum to an image containing a sum of all of the distances d1 through d6 obtained pre-procedurally from the image data that is equal to the sum of the distances a1 through a6. When the difference between these sums is equal to zero, the relative position and orientation of the anatomy or dynamic body D during the medical procedure will substantially match the position and orientation of the anatomy in the particular image. The image associated with distances d1 through d6 that match or closely approximate the distances a1 through a6 can then be selected and displayed.”);
register the embedded structure from the preoperative imaging data to the real- time digital representation of the anatomical structure in the first geometry of the real-time digital representation of the anatomical structure ([0036] states that “a real-time pathway registration is applied to a pre-acquired dataset that does not contain the PTD. It will be understood that the pre-acquired dataset can be at only one cycle of a patient's respiratory, heartbeat, or other path of motion. In order to optimize the registration of a pre-acquired dataset that does not contain the PTD, a PTD can be subsequently applied to the patient, and the PTD signal can be used to collect registration information throughout full range or path of motion but only that information that is captured at a similar PTD orientation, shape, or point along the PTD cycle of motion is used. This method enhances the registration accuracy by ensuring that the registration points being used to register are at the same point during the initial dataset acquisition”. This applies to the lung model according [0107]);
determine a position of the embedded structure relative to the real-time digital representation of the anatomical structure in the first geometry of the real-time digital representation of the anatomical structure ([0041] states that “a high-speed three-dimensional imaging device, such as an optical coherence tomography (OCT) device, can be tracked. In accordance with conventional methods, such a device can only view 1-2 mm below the surface. With an EM sensor attached in accordance with the systems and methods described herein, multiple 3D volumes of data can be collected and a larger 3D volume of collected data can be constructed. Knowing the 3D location and orientation of the multiple 3D volumes will allow the user to view a more robust image of, for example, pre-cancerous changes in the esophagus or colon.”); and
update, in real time, the position of the embedded structure relative to the real- time digital representation of the anatomical structure in the second geometry of the real-time digital representation of the anatomical structure ([0079] states that “When an image is found that provides the sum of distances for the selected pairs of markers that is substantially the same as the sum of the distances between the localization elements during the second time interval, then that image is selected at step 68. The selected image can then be displayed at step 70. The physician can then observe the image during the medical procedure on a targeted portion of the dynamic body. Thus, during the medical procedure, the above process can be continuously executed such that multiple images are displayed and images corresponding to real-time positions of the dynamic body can be viewed”. Of note, these continuously executed processes apply to the anatomical models according to [0107] which states that “The surgical instrument navigation system of the present invention may also incorporate atlas maps. It is envisioned that three-dimensional or four-dimensional atlas maps may be registered with patient specific scan data or generic anatomical models. Atlas maps may contain kinematic information (e.g., heart and lung models) that can be synchronized with four-dimensional image data, thereby supplementing the real-time information. In addition, the kinematic information may be combined with localization information from several instruments to provide a complete four-dimensional model of organ motion. The atlas maps may also be used to localize bones or soft tissue which can assist in determining placement and location of implants”. This statement in [0107] supports claim 8 which recitation of forming a three-dimensional navigation model representative of the patient's lung anatomy from CT data; (v) navigating the endoscope to a location in the anatomy; (vi) conforming the three-dimensional navigation model to the shape of the airway or the vessel of the patient at the location within the model, which is continuously updated in real-time according to [0079]).
Hunter fails to teach wherein the position is determined via triangulation between the emitter, a sensor, and the embedded structure.
However, within the same field of endeavor, Liu teaches an optical imaging system utilizes a three-dimensional (3D) light scanner to capture topography information, color reflectance information, and fluorescence information of a target object being imaged, such as a surgical patient (see abstract), wherein the position is determined via triangulation between the emitter, a sensor, and the embedded structure (fig. 8C, [0137]-[0138] disclose a triangulation for determining geometric relationship between a target object, a light emitter and an image detector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Hunter, wherein the position is determined via triangulation between the emitter, a sensor, and the embedded structure, as taught by Liu, to improve the accuracy of the detection of the geometric relationship ([0134], [0149]).
Regarding claim 35, Hunter in view of Liu teaches all the limitations of claim 34 above.
Hunter further teaches a monitor ([0085] states “Image guidance computing platform 30 can take the form of a computer, and may include a monitor on which a representation of one or more instruments used during the IGI can be displayed over an image of the anatomy of interest”. [0090] also discloses a display 18), to depict, in real time, the position the embedded structure relative to the real-time digital representation of the anatomical structure (the monitor and display perform the intended purpose of depict, in real time, the position the embedded structure relative to the real-time digital representation of the anatomical structure, according [0104]-[0106]).
Regarding claim 36, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter fails to teach wherein the sensor is the image sensor or is a distance sensor.
However, Liu further teaches wherein the sensor is the image sensor or is a distance sensor ([0181]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Hunter, wherein the sensor is the image sensor or is a distance sensor, as taught by Liu, to improve the accuracy of the detection of the geometric relationship ([0134], [0149]).
Regarding claim 37, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter fails to teach wherein the triangulation employs a time-of-flight emitter that is a structured light emitter.
However, Liu further teaches wherein the triangulation employs a time-of-flight emitter that is a structured light emitter ([0181]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Hunter, wherein the triangulation employs a time-of-flight emitter that is a structured light emitter, as taught by Liu, to improve the accuracy of the detection of the geometric relationship ([0134], [0149]).
Regarding claim 38, Hunter in view of Liu teaches all the limitations of claim 21 above.
Hunter fails to teach wherein the triangulation employs a time-of-flight emitter that is separate from a structured light emitter.
However, Liu further teaches wherein the triangulation employs a time-of-flight emitter that is separate from a structured light emitter (see fig. 16A and [0182]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Hunter, wherein the triangulation employs a time-of-flight emitter that is separate from a structured light emitter, as taught by Liu, to improve the accuracy of the detection of the geometric relationship ([0134], [0149]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Hunter in view of Liu, as applied to claim 21 above, and further in view of Kanemitsu, S., US 20030164935 A1.
Regarding claim 25, Hunter in view of Liu teaches all the limitations of claim 21.
Hunter in view of Liu fails to teach wherein the image sensor comprises two optical waveform sensors positioned to obtain simultaneous left-side and right-side images.
However, Kanemitsu teaches a phase difference detection apparatus for detecting a phase difference between images formed on a pair of optical sensor arrays in which the possibility of unproductive compensation is reduced by use of a compensation effectiveness judgment unit that judges whether or not compensation of a pair of image data rows would be effective (see abstract), [0014] stating that an “effective compensation can be carried out when the output waveform of one of the pair of optical sensor arrays is shifted in parallel to the output waveform of the other optical sensor array” and [0035]-[0037] describing a difference between the left and right images captured by the pair of optical waveform sensors and hence teaching wherein the image sensor comprises two optical waveform sensors positioned to obtain simultaneous left-side and right-side images.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to configure Hunter as modified by Liu, wherein the image sensor comprises two optical waveform sensors positioned to obtain simultaneous left-side and right-side images, as taught by Kanemitsu, to reduce the impact to unwanted signals such as noise from the acquired images ([0009]-[0010]).
Conclusion
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
1 Reisman, et al., US 20140152957 A1 discloses general OCT components and method of operation in [0065] comprising a light source for emitting light to the region of interest and sensing reflected light with a detector.
2 Reisman, et al., US 20140152957 A1 discloses general OCT components and method of operation in [0065] comprising a light source for emitting light to the region of interest and sensing reflected light with a detector.
Prosecution Insights