DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 25-44 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a deformable model comprising a plurality of model passageway links connected at connection points without significantly more.
The claim(s) recite(s):
non-transitory machine-readable media storing instructions that, when run by one or more processors to;
modify the deformable model by modifying relative orientations of one or more model passageway links of the plurality of model passageway links;
wherein the modifying is based on one or more modeling parameters that affect a shape of the plurality of model passageway links;
This judicial exception is not integrated into a practical application because the processor is recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing data. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component.
Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. This modifying step, as drafted, is a process that under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components (one or more processors and computer storage memory)
That is, other than reciting "by a processor", nothing in the claim element precludes the step from practically being performed in the human mind. Additionally, the mere nominal recitation of a generic processor does not take the claim limitation out of the mental processes grouping. Thus, the claim recites a mental process. The additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component which cannot integrate a judicial exception into a practical application. The claim does not provide an inventive concept (significantly more than the abstract idea). The claim is ineligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 25-44 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Tawai et al (Pub. No.: US 2011/0093243)
Regarding claims 25, 35, Tawai et al disclose a non-transitory machine-readable media storing instructions that, when run by one or more processors [see claims 23], cause the one or more processors to:
store a deformable model of anatomic passageways of a patient anatomy [see 0054, 0089]
the deformable model comprising a plurality of model passageway links connected at connection points (nodal points/bifurcations) [see 0049, 0061];
wherein each of the model passageway links includes a centerline [see 0031, 0059, 0122, 0126, 0136];
wherein at each respective connection point (bifurcation) the corresponding passageway links include an orientation [see claims 1, 23, 0049, 0061] by disclosing divergent passageway orientations [see 0049];
modify (via adjustment, emphasis added) the deformable model by modifying relative orientations of one or more model passageway links of the plurality of model passageway links [see 0019, 0090-0091, 0095, 0100, 0128-0129];
wherein the modifying is based on one or more modeling parameters that affect a shape of the plurality of model passageway links [see 0090, 0099] by disclosing coordinates of the nodal points on the model mesh and the derivatives or orientations of lines between nodes are then adjusted, for example moved toward a position at which the surfaces defined by the mesh intersect the observed point locations [see 0019, 0090-0091, 0095, 0100, 0128-0129].
Regarding claims 26, 36, Tawai et al disclose the relative orientations of the one or more model passageway links are modified without modifying lengths of the one or more model passageway links [see 0019, 0090-0091, 0095, 0100, 0128-0129].
Regarding claims 27, 37, Tawai et al disclose wherein modifying the relative orientations of the one or more model passageway links comprises:
modifying relative orientations of a first set of model passageway links connected at a first connection point to generate a first set of modified model passageway links [see 0019, 0082, 0090-0091, 0095, 0100, 0128-0129];
modifying (by adjusting) relative orientations of a second set of model passageway links connected at a second connection point (nodal points/bifurcations) to generate a second set of modified model passageway links [see 0019, 0090-0091, 0095, 0100, 0128-0129] by disclosing coordinates of the nodal points on the model mesh and the derivatives or orientations of lines between nodes are then adjusted, for example moved toward a position at which the surfaces defined by the mesh intersect the observed point locations [see 0090];
wherein the second set of model passageway links is located distal of the first set of model passageway links [see 0019, 0090-0091, 0095, 0100, 0128-0129, claim 1] by disclosing some passageways that are disposed along a flow path between more and less proximal positions in the branching biological structure [see claim 1].
Regarding claims 28, 38, Tawai et al disclose wherein the one or more modeling parameters comprise an amount of bending (surface curvature) along a length of the one or more model passageway links [see 0059, 0063, 0081, 0159].
Regarding claims 29, 39, Tawai et al disclose the one or more modeling parameters comprise a rigidity of one or more of the anatomic passageways of the patient anatomy [see 0099].
Regarding claims 30, 40, Tawai et al disclose wherein the one or more modeling parameters comprise a rigidity of tissue surrounding one or more of the anatomic passageways of the patient anatomy [see 0099, 0159]
Regarding claims 31, 41, Tawai et al disclose wherein the deformable model of the anatomic passageways of the patient anatomy is generated based on CT image data of the patient anatomy [see 0016, 0031].
Regarding claims 32, 42, Tawai et al disclose wherein one or more of the connection points comprise a bifurcation [see 0086-0088]
Regarding claims 33, 43, Tawai et al disclose wherein the modifying comprises modifying (by adjusting) the relative orientations of the one or more model passageway links based on changes in anatomic passageway position due to inspiration or expiration [see 0019, 0090, 0100, 0127-0128]
Regarding claims 34, 44, Tawai et al disclose display a representation of the deformable model of the anatomic passageways of the patient anatomy [see 0089, claim 1].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne 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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/JOEL F BRUTUS/Primary Examiner, Art Unit 3797
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