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
Claims 19-20 and 26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 13, 2026.
Applicant’s election without traverse of Invention I, claims 1-5 and 7-18 in the reply filed on July 13, 2026 is acknowledged.
Claim Objections
Claim 2-3, 10 and 16 are objected to because of the following informalities:
In claim 2, in line 2, “a target” should be replaced with --- the target --.
In claim 3, in line 2, --- the --- should be inserted before “soft”.
In claim 10, in line 4, “a dangerous” should be replaced with --- the dangerous --.
In claim 16, in line 1, “a path” should be replaced with – the path --.
In claim 16, in line 2, “a first preset” should be replace with --- the first preset ---.
Appropriate correction is required.
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.
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.
Claim(s) 1-3, 13-14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (CN 113516623). Note that the rejection refers to the English translation of Wang et al.
With regards to claim 1, Wang et al. disclose a system for puncture path planning, comprising: obtaining a target structure mask by performing a segmentation on a target structure in the target image and determining positioning information of the target structure mask based on
at least one storage medium including a set of instructions; and one or more processors in communication with the at least one storage medium (pg. 4, 3rd to last paragraph-last paragraph, referring to the computer device comprising a memory and a processor, the memory storing a computer program which the processor executes to realize the method), wherein when executing the instructions, the one or more processors are configured to:
determine a target point based on a target image (pg. 6, second to last paragraph-last paragraph, referring to determining the puncture target; pg. 7, 2nd-4th paragraphs, referring to the puncture target point being the focus position on the target medical image);
determine one or more candidate paths (i.e. “reference path”) based on the target point and at least two constraints (i.e. puncture path satisfying a preset condition, such as 1) a preset length threshold value and 2) a preset angle threshold value, 3) reference point is in the human skin interface, 4) puncture target is at the focus position, 5) if the target medical image is without focus position, then judging whether the puncture target is in the subcutaneous tissue of the human body, etc.), wherein a path planning condition (i.e. “reference point” position) is adaptively adjusted based on a first preset condition (i.e. check result of the puncture path not being passed, i.e. “that is, the puncture path does not meet the clinical requirement of the puncture path planning”) during determining the one or more candidate paths (pg. 3, 9th paragraph- pg. 4, 4th to last paragraph, referring to checking the puncture path comprising judging whether the puncture path contains the interference feature and whether the puncture parameter of the puncture path satisfies the preset condition, wherein the preset condition comprises a preset length threshold value and a preset angle threshold value, etc.); pg. 7, 3rd paragraph-pg. 8, 6th paragraph, referring to determining the puncture path according to the determined puncture target (i.e. “outputting the puncture path based on the puncture target point…”; further referring to determining if the puncture target is at the focus position, etc.; pg. 8, 7th paragraph- pg. 9, 3rd to last paragraph, referring to a reference path (i.e. line formed from puncture target point T and reference point E1) being displayed, wherein “if the reference point is in the human skin interface, then the target medical image will display the parameter path extends to the human skin interface to form the puncture path (formed by T and F1 line); if the reference point is outside the human skin interface, then displaying the intersection point of the reference path and the human skin interface on the target medical image; the puncture path is the line section formed by the puncture target point T and the intersection point. checking the puncture path (T and F1 formed by the line section) of the computer device, determining that the puncture path does not pass the check, the user on the target medical image for the third operation, the target medical image will display the new reference point E2, and will display the new reference path (T and E2 formed line section)…”, and thus the reference point (i.e. a path planning condition) is adaptively adjusted (i.e. via adjustment of the reference point position to obtain the “new reference point”) based on a first present condition (i.e. condition that the reference point is outside the human skin interface) during determining the one or more reference paths (i.e. one or more candidate paths)); and
determine a target path (i.e. “puncture path”) based on the one or more candidate paths (pg. 8, 4th to last paragraph-pg. 9, 3rd to last paragraph, referring to generating a puncture path by processing the reference path according to the entry point calculation algorithm and/or “if the reference point is in the human skin interface, then the target medical image will display the parameter path extends to the human skin interface to form the puncture path (formed by T and F1 line)”).
With regards to claim 2, Wang et al. disclose that determining the target point based on a target image includes: obtaining a target structure mask by performing rough segmentation on a target structure in the target image (pg. 6, last paragraph, referring to performing a “segmentation pre-processing”); determining positioning information of the target structure mask based on soft connected domain analysis (pg. 6, last paragraph, referring to performing “maximum connection domain analysis on the initial medical image” and “only keeping the area where the maximum connection domain is located”, which corresponds to a “soft connected domain analysis” as it analyzes a count of connected domains in the target structure mask (i.e. via the “maximum” connection domain which requires a count of connected domains in order to determine the “maximum”) and areas corresponding to the connected domains (i.e. via only keeping the area where the maximum connection domain is located) [Note that this is consistent with Applicant’s interpretation of a “soft connected domain analysis” (see paragraph [0121] of Applicant’s PG-Pub 2025/0000588) which they disclose as referring to “analyzing and calculating a count of connected domains in the target structure mask and areas corresponding to the connected domains”]; obtaining a segmentation result by performing precise segmentation on the target structure based on the positioning information of the target structure mask (pg. 6, last paragraph-pg. 7, first paragraph, referring to filling the hole of the area where the maximum connection domain is located to obtain subcutaneous tissue of human body, extracting the boundary of the subcutaneous issue, thus resulting in a finer segmentation); and determining the target point based on the segmentation result (pg. 7, first-2nd paragraphs, referring to distinguishing the organ and focus on the target medical image, wherein the puncture target point is the focus position on the target medical image).
With regards to claim 3, Wang et al. disclose that the determining positioning information of the target structure mask based on soft connected domain analysis includes: determining a count of connected domains in the target structure mask; and determining the positioning information of the target structure mask based on the count of the connected domains (pg. 6, last paragraph, referring to performing “maximum connection domain analysis on the initial medical image” and “only keeping the area where the maximum connection domain is located” and thus analyzing a count of connected domains in the target structure mask (i.e. via the “maximum” connection domain which requires a count of connected domains in order to determine the “maximum”) and areas corresponding to the connected domains (i.e. via only keeping the area where the maximum connection domain is located).
With regards to claim 13, Wang et al. disclose that the at least two constraints include: a distance between a path and a dangerous region being greater than a preset distance threshold, the path being located in a slice layer adjacent to a slice layer where a target region is located, excluding a needle entry point on a body contour that contacts a bed board, a puncture depth of the path being less than a preset depth threshold, or an angle between the path and a vertical line of a flat surface of a flat lesion being within a preset range (pg. 14, 2nd line-pg. 16, 2nd paragraph, referring to the puncture angle satisfying a preset angle condition and/or puncture length being less than the preset length threshold).
With regards to claim 14, Wang et al. disclose that the determining one or more candidate paths based on the target point and at least two constraints includes determining initial paths (i.e. reference paths) based on the target point and a first constraint; determining the one or more candidate paths from the initial paths based on a second constraint; wherein the first constraint includes that: the path is located in a slice layer adjacent to a slice layer where a target region is located, a needle entry point on a body contour that contacts a bed board is excluded, a puncture depth of the path is less than a preset depth threshold, or an angle between the path and a vertical line of a flat surface of a flat lesion is within a preset range; and the second constraint includes that a distance between the path and a dangerous region is greater than a preset distance threshold (pg. 3, 9th paragraph- pg. 4, 4th to last paragraph, referring to checking the puncture path comprising judging whether the puncture path contains the interference feature (i.e. “dangerous region”) and whether the puncture parameter of the puncture path satisfies the preset condition, wherein the preset condition comprises a preset length threshold value and a preset angle threshold value, etc.); pg. 7, 3rd paragraph-pg. 8, 6th paragraph, referring to determining the puncture path according to the determined puncture target (i.e. “outputting the puncture path based on the puncture target point…”; further referring to determining if the puncture target is at the focus position, etc.; pg. 8, 7th paragraph- pg. 9, 3rd to last paragraph, referring to a reference path (i.e. line formed from puncture target point T and reference point E1) being displayed, wherein “if the reference point is in the human skin interface, then the target medical image will display the parameter path extends to the human skin interface to form the puncture path (formed by T and F1 line); if the reference point is outside the human skin interface, then displaying the intersection point of the reference path and the human skin interface on the target medical image; the puncture path is the line section formed by the puncture target point T and the intersection point. checking the puncture path (T and F1 formed by the line section) of the computer device, determining that the puncture path does not pass the check, the user on the target medical image for the third operation, the target medical image will display the new reference point E2, and will display the new reference path (T and E2 formed line section)…”, and thus the reference point (i.e. a path planning condition) is adaptively adjusted (i.e. via adjustment of the reference point position to obtain the “new reference point”) based on a first present condition (i.e. condition that the reference point is outside the human skin interface) during determining the one or more reference paths (i.e. one or more initial paths; pg. 3, 11th to last paragraph, referring to the determination of the puncture path comprising an interference feature (i.e. “dangerous region”), wherein the determination comprises checking a preset distance is equal to a preset threshold value and if it is not, then it follows that the distance is not equal, such as the case when the distance is greater than the preset distance)).
With regards to claim 16, Wang et al. disclose that the adaptively adjusting a path planning condition based on a first preset condition includes: when no candidate path meets the path planning condition, resetting puncture parameters, the puncture parameters including at least one of a length or a diameter of a puncture needle (pg. 4, 3rd paragraph; pg. 13, 5th paragraph; pg. 9, 4th-7th paragraphs, referring to determining the puncture path of the check result is not passed , then the reference path can be updated so as to update the puncture path, wherein updating the puncture path includes updating/resetting the puncture length, which defines the needle length as the needle would have to achieve such length in order to reach the target).
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. as applied to claim 1 above, and further in view of Hao et al. (CN 111899244). Note that the below rejection refers to the English translation of Hao et al.
With regards to claim 2, as discussed above, Wang et al. meet the limitations of claim 1. Further, Wang et al. disclose that the one or more processors are further configured to obtain a first segmentation result of the target image based on a first segmentation model (pg. 6, last paragraph, referring to the segmentation) and determining a dangerous region based on the segmentation result (pg. 17, 2nd to last paragraph, referring to determining the puncture path comprises an interference feature , i.e. “dangerous region”).
Hao et al. do not specifically disclose that the one or more processors are further configured to obtain a first duct skeleton set by performing skeletonization processing on the first segmentation result, wherein the first duct skeleton set includes at least one first duct skeleton of a determined type; obtain a second segmentation result of the target image based on a second segmentation model, wherein the second segmentation result includes at least one duct of an undetermined type; and obtain a fusion result by fusing the first segmentation result and the second segmentation result.
Hao et al. disclose an image segmentation method and device, wherein the image segmentation comprises obtaining the first segmentation result of the artery (i.e. duct of a determined type, wherein such a segmentation of the artery would comprise of performing a skeletonization processing as arteries are formed of skeleton/narrow structures) and the background, obtaining a second segmentation result of the vein (i.e. duct of an undetermined type) and the background according to the image to be segmented, obtaining the segmentation result of the background, the artery, and the vein according to the first segmentation result and the second segmentation, thus improving the segmentation accuracy and segmentation efficiency of the artery and vein (Abstract; pg. 7, 3rd to last paragraph-pg. 8, 4th paragraph).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have the one or more processors of Wang et al. be further configured to obtain a first duct skeleton set by performing skeletonization processing on the first segmentation result, wherein the first duct skeleton set includes at least one first duct skeleton of a determined type; obtain a second segmentation result of the target image based on a second segmentation model, wherein the second segmentation result includes at least one duct of an undetermined type; and obtain a fusion result by fusing the first segmentation result and the second segmentation result, as taught by Hao et al., in order to improve the segmentation accuracy and segmentation efficiency of arteries and veins (Abstract).
Allowable Subject Matter
Claims 4-5, 7-8, 10-12, 15 and 17-18 areobjected 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach or suggest the limitations of claims 4, 7, 10, 15 and/or 17, in combination with the other claimed elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE L FERNANDEZ whose telephone number is (571)272-1957. The examiner can normally be reached Monday-Friday 9:00 AM - 5:30 PM (ET).
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/KATHERINE L FERNANDEZ/Primary Examiner, Art Unit 3798
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