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 with traverse of Group I in the reply filed on 13 Mat 2026 is acknowledged. The traversal is on the ground(s) that Group III is directed to a medical purpose. This is not found persuasive because Applicant’s arguments do not relate to anything claimed, but argues in broad terms about Figure 1 in the present application. But this isn’t claimed in Group III. But nothing in the claim language of Group III is related to what Applicant is arguing (Applicant’s arguments for Group III don’t refer to anything claimed).
Arguments against restriction of Group II are unclear, as Applicant simply acknowledges that Group II “aims to determine a region of interest (ROI) in a medical image, generate a 3D image, and generate an augmented reality image by projecting the ROI from the medical image onto the 3D image”. This is a non-obvious and distinct invention from Group I, which recites positioning of a table based on a current and target position of a table, determined based on a contour profile of the table, and what else is recited in claim 14.
Therefore, Applicant elected Group I, and argued that Group III is related to medical purposes (even though its not claimed in Group III) by making general arguments about Figure 1 of Applicant’s specification; and simply restates Group II claim features, which do not overlap in scope with Group I and is not an obvious variant.
The requirement is still deemed proper and is therefore made FINAL.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 14-19, 21, 22, 24-25, 28 and 30-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-7, 10-12, 17 of U.S. Patent No. 12,080,001 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims are broader than claims of the issued patent and/or substantially identical, per table below.
U.S. App. No. 18/822,442
U.S. Patent No. 12,080,001
14. A method implemented on a computing device including a storage device and at least one processor for positioning an object positioned on a table, the method comprising:
obtaining a plan image, the plan image including a contour profile of the table determined in a treatment plan;
determining a target position of the table based on the contour profile of the table;
obtaining, by one or more capture devices, a 3-dimensional (3D) image, the 3D image including a first set of elements corresponding to the object and a second set of elements corresponding to the table;
determining a current position of the table based on the 3D image; and
causing the table to move based on the current position of the table and the target position of the table.
1. A method implemented on a computing device including a storage device and at least one processor for positioning an object positioned on a table, the method comprising:
obtaining a plan image, the plan image illustrating a virtual surface of the object and a virtual surface of the table;
determining a target position of the table based on the virtual surface of the table;
obtaining, by one or more capture devices, a 3-dimensional (3D) image, the 3D image including a first set of elements corresponding to the object and a second set of elements corresponding to the table;
generating an augmented reality image by projecting the virtual surface of the table onto the 3D image;
displaying the augmented reality image on a display device;
determining a current position of the table based on the 3D image; and
causing the table to move based on the current position and the target position of the table.
15. The method of claim 14, wherein the causing the table to move comprises:
determining a first offset between the current position of the table and the target position of the table; and
determining whether the table needs to be moved based on the first offset;
in response to a determination that the table needs to be moved, causing the table to move to the target position of the table based on the first offset.
9. The method of claim 1, wherein the causing the table to move comprises:
determining a first offset between the current position of the table and the target position of the table;
determining whether the table needs to be moved based on the first offset; and
in response to a determination that the table needs to be moved, causing the table to move to the target position of the table based on the first offset.
Claim 16
Claim 1
17. The method of claim 14, wherein the causing the table to move comprises:
providing the first offset to an operator;
receiving, from the operator, one or more instructions for moving the table; and
causing the table to move to the target position of the table according to the one or more instructions.
10. The method of claim 9, wherein the causing the table to move comprises:
providing the first offset to an operator;
receiving, from the operator, one or more instructions for moving the table; and
causing the table to move to the target position of the table according to the one or more instructions.
Claim 18
Claim 11
Claim 19
Claim 3
Claim 21
Claim 11
Claim 22
Claim 12
Claim 24
Claim 17
Claim 25
Claim 17
Claim 28
Claim 4
Claim 30
Claim 6
Claim 31
Claim 7
Allowable Subject Matter
Claim 26 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20170079722A1
Methods and systems for registering a manipulator assembly and independently positionable surgical table are provided herein.
CN108287969A
The invention discloses a kind of special-shaped table top generation methods based on three-dimensional Home Fashion ＆ Design Shanghai software
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Sarah Lhymn
Primary Examiner
Art Unit 2613
/Sarah Lhymn/Primary Examiner, Art Unit 2613
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