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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 30 September 2024 is being considered by the examiner.
Specification
The attempt to incorporate subject matter into this application by reference to websites throughout the specification, and to Non-Patent Documents 1-3 (See paragraph [0004] of the specification.) is ineffective because 37 CFR 1.57(e) recites “An incorporation by reference by hyperlink or other form of browser executable code is not permitted” and further because the root words "incorporate" and "reference" have been omitted, see 37 CFR 1.57(c)(1). Also, 37 C.F.R. 1.57 states: (d) "Essential material" may be incorporated by reference, but only by way of an incorporation by reference to a U.S. patent or U.S. patent application publication, which patent or patent application publication does not itself incorporate such essential material by reference. "Essential material" is material that is necessary to…(3) Describe the structure, material, or acts that correspond to a claimed means or step for performing a specified function as required by 35 U.S.C. 112(f)
The incorporation by reference will not be effective until correction is made to comply with 37 CFR 1.57(c), (d), or (e). If the incorporated material is relied upon to meet any outstanding objection, rejection, or other requirement imposed by the Office, the correction must be made within any time period set by the Office for responding to the objection, rejection, or other requirement for the incorporation to be effective. Compliance will not be held in abeyance with respect to responding to the objection, rejection, or other requirement for the incorporation to be effective. In no case may the correction be made later than the close of prosecution as defined in 37 CFR 1.114(b), or abandonment of the application, whichever occurs earlier.
Any correction inserting material by amendment that was previously incorporated by reference must be accompanied by a statement that the material being inserted is the material incorporated by reference and the amendment contains no new matter. 37 CFR 1.57(g).
Claim Interpretation
Claim 1 recites “the training data set generation unit generates the three-dimensional structure of the abdominal surface for training from any of an abdominal computed tomography (CT) image, an abdominal magnetic resonance imaging (MRI) image, and an abdominal magnetic resonance angiography (MRA) image of a person different from a patient who is a discrimination target of the aortic segment by the blood vessel segment discrimination device…and generates the training data set showing a correspondence relationship between each pixel in the depth image for training and any of a first blood vessel segment corresponding to a Zone 1 of an aorta, a second blood vessel segment corresponding to a Zone 2 of the aorta, a third blood vessel segment corresponding to a Zone 3 of the aorta, and another segment, based on any of the abdominal CT image, the abdominal MRI image, and the abdominal MRA image.”
Claim 3 recites “an estimation unit configured to estimate whether each pixel in the depth image of the abdomen of the patient generated by the depth image generation unit corresponds to any of the first blood vessel segment, the second blood vessel segment, the third blood vessel segment, and another segment, using the trained deep learning model, and the training unit performs the training of the deep learning model such that an estimation accuracy of the second blood vessel segment using the trained deep learning model is equal to or higher than a predetermined threshold value.”
Claim 4 recites “wherein the three-dimensional structure recognition device has a function of generating the three-dimensional structure of the abdomen of the patient from any of the abdominal CT image, the abdominal MRI image, and the abdominal MRA image of the patient.”
Claim 7 recites “wherein the training data set generation unit generates the three-dimensional structure of the abdominal surface for training from any of an abdominal CT image, an abdominal MRI image, and an abdominal MRA image of a person different from a patient who is a discrimination target of an aortic segment by the blood vessel segment discrimination device... generates the training data set showing a correspondence relationship between each pixel in the depth image for training and any of a first blood vessel segment corresponding to a Zone 1 of an aorta, a second blood vessel segment corresponding to a Zone 2 of the aorta, a third blood vessel segment corresponding to a Zone 3 of the aorta, and another segment, based on any of the abdominal CT image, the abdominal MRI image, and the abdominal MRA image”
Claim 8 recites “the training data set generation unit generates the three-dimensional structure of the abdominal surface for training from any of an abdominal CT image, an abdominal MRI image, and an abdominal MRA image of a person different from a patient who is a discrimination target of the aortic segment by the blood vessel segment discrimination device... generates the training data set showing a correspondence relationship between each point on the three-dimensional structure of the abdominal surface for training and any of a first blood vessel segment corresponding to a Zone 1 of an aorta, a second blood vessel segment corresponding to a Zone 2 of the aorta, a third blood vessel segment corresponding to a Zone 3 of the aorta, and another segment, based on any of the abdominal CT image, the abdominal MRI image, and the abdominal MRA image”
Claim 10 recites “an estimation unit configured to estimate whether each point on the three-dimensional structure of the abdomen of the patient recognized by the three-dimensional structure recognition device corresponds to any of the first blood vessel segment, the second blood vessel segment, the third blood vessel segment, and another segment, using the trained deep learning model, and the training unit performs the training of the deep learning model such that an estimation accuracy of the second blood vessel segment using the trained deep learning model is equal to or higher than a predetermined threshold value.”
Claim 11 recites “wherein the three-dimensional structure recognition device has a function of generating the three-dimensional structure of the abdomen of the patient from any of the abdominal CT image, the abdominal MRI image, and the abdominal MRA image of the patient.”
Claim 14 recites “wherein the training data set generation unit generates the three-dimensional structure of the abdominal surface for training from any of an abdominal CT image, an abdominal MRI image, and an abdominal MRA image of a person different from a patient who is a discrimination target of an aortic segment by the blood vessel segment discrimination device… generates the training data set showing a correspondence relationship between each point on the three-dimensional structure of the abdominal surface for training and any of a first blood vessel segment corresponding to a Zone 1 of an aorta, a second blood vessel segment corresponding to a Zone 2 of the aorta, a third blood vessel segment corresponding to a Zone 3 of the aorta, and another segment, based on any of the abdominal CT image, the abdominal MRI image, and the abdominal MRA image.”
Superguide Corp. v. DirecTV Enterprises, Inc., 69 USPQ2d 1865 (Fed. Cir. 2004) stated that:
A common treatise on grammar teaches that "an article of a preposition applying to all the members of the series must either be used only before the first term or else be repeated before each term." William Strunk, Jr. & E.B.White, The Elements of Style 27 (4th ed. 2000). Thus, "[i]n spring, summer, or winter" means "in spring, in summer, or in winter." Id. Applying this grammatical principle here, the phrase "at least one of" modifies each member of the list, i.e., each category in the list.
Thus, the plain meaning of the phrase “any of x, y, and z”, is “any of x, and any of y, and any of z”. The claimed limitations mentioned above will be examiner under this interpretation.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a three-dimensional structure recognition device configured to…” in claims 1, 7, 8, and 14 (Figure 1, element 11 is a mere block. Paragraphs [0016]-[0020] are improper incorporation by reference since 37 C.F.R. 1.57 states: (d) "Essential material" may be incorporated by reference, but only by way of an incorporation by reference to a U.S. patent or U.S. patent application publication, which patent or patent application publication does not itself incorporate such essential material by reference. "Essential material" is material that is necessary to…(3) Describe the structure, material, or acts that correspond to a claimed means or step for performing a specified function as required by 35 U.S.C. 112(f). Thus, the specification does not provide adequate structural support for the claimed “three-dimensional structure recognition device.”);
“a depth image generation unit configured to” in claims 1 and 7 (Figure 1, 12 is a mere block. There is no detailed disclosure of any specific structure.);
“a blood vessel segment discrimination device configured to” in claim 1 and 8 (Figure 1, 14 is a mere block which contains 14A, 141 and 142. 14A is described in paragraphs [0023] and [0024] of the specification, which are improper incorporation by reference since 37 C.F.R. 1.57 states: (d) "Essential material" may be incorporated by reference, but only by way of an incorporation by reference to a U.S. patent or U.S. patent application publication, which patent or patent application publication does not itself incorporate such essential material by reference. "Essential material" is material that is necessary to…(3) Describe the structure, material, or acts that correspond to a claimed means or step for performing a specified function as required by 35 U.S.C. 112(f). There is no detailed disclosure for 141 or 142.);
“a training data set generation unit configured to…” in claims 1, 7, 8 and 14 (Figure 1, 13 is a mere block. There is no detailed disclosure of any specific structure.);
“a visualization device configured to…” in claims 2 and 9 (Figure 1, 15 is a mere block. Paragraphs [0028]-[0030], for example, are improper incorporation by reference since 37 C.F.R. 1.57 states: (d) "Essential material" may be incorporated by reference, but only by way of an incorporation by reference to a U.S. patent or U.S. patent application publication, which patent or patent application publication does not itself incorporate such essential material by reference. "Essential material" is material that is necessary to…(3) Describe the structure, material, or acts that correspond to a claimed means or step for performing a specified function as required by 35 U.S.C. 112(f).);
“a training unit configured to…” in claim 3 and 10 (Figure 1, 141. As mentioned above, there is no detailed disclosure for the specific structure of 141.); and
“an estimation unit configured to…” in claim 3 and 10 (Figure 1, 142. As mentioned above, there is no detailed disclosure for the specific structure of 142.).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5, 7-12 and 14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1-5, 7-12 and 14 recite “a three-dimensional structure recognition device configured to…” in claims 1, 7, 8, and 14, “a depth image generation unit configured to” in claims 1 and 7, “a blood vessel segment discrimination device configured to” in claim 1 and 8, “a training data set generation unit configured to…” in claims 1, 7, 8 and 14, “a visualization device configured to…” in claims 2 and 9, “a training unit configured to…” in claim 3 and 10, and “an estimation unit configured to…” in claim 3 and 10, which invoke 112(f), and thus the claims are interpreted to cover the corresponding structure described in the specification that achieves the claimed function. Figure 1, for example, does not show any specific structure for the claimed elements, and there isn't any structure described in the specification with respect to the claimed devices and units. Further, the applicant attempts to provide the missing structure through incorporation by reference, however, the incorporation by reference is improper since the claimed subject matter is essential, and 37 C.F.R. 1.57 states: (d) "Essential material" may be incorporated by reference, but only by way of an incorporation by reference to a U.S. patent or U.S. patent application publication, which patent or patent application publication does not itself incorporate such essential material by reference. "Essential material" is material that is necessary to…(3) Describe the structure, material, or acts that correspond to a claimed means or step for performing a specified function as required by 35 U.S.C. 112(f).).
Thus, the claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 4-5 and 11-12 are rejected due to their dependency from independent claims 1 and 8, respectively.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5, 7-12 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitations “a three-dimensional structure recognition device configured to…” in claims 1, 7, 8, and 14, “a depth image generation unit configured to” in claims 1 and 7, “a blood vessel segment discrimination device configured to” in claim 1 and 8, “a training data set generation unit configured to…” in claims 1, 7, 8 and 14, “a visualization device configured to…” in claims 2 and 9, “a training unit configured to…” in claim 3 and 10, and “an estimation unit configured to…” in claim 3 and 10 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the functions in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 4-5 and 11-12 are rejected due to their dependency from independent claims 1 and 8, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Reiter et al. (US 2014/0336461) disclose a surgical structured light system for a chest or abdomen.
Krieger et al. (US 2020/0194117) disclose a system for remote trauma assessment using depth data (See Figure 7).
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/STEPHEN G SHERMAN/Primary Examiner, Art Unit 2621
29 June 2026
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