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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 3/31/2026 has been entered.
Claim Rejections - 35 USC § 102
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) 11 and 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Razzaque et al. (US 2016/0166336).
With respect to claims 11, 21, and 23, Razzaque et al. discloses a computer ([0023-0024]); at least one electronic data storage device ([0160]); and a medical imaging device ([0023]) for a computer-implemented method of determining a consensus plane usable for imaging an anatomical body part with a medical imaging device, the method comprising: acquiring patient image data that describes an anatomical body part of a patient’s body (110; 114; 150; [0026-0029]; 204; [0046]; [0057]); acquiring a planned trajectory data that describes an orientation of a longitudinal axis of an elongate medical device and a position of the elongate medical device relative to the anatomical body part (202; 208; [0057]; 306; 308; [0077]; [0115]); determining initial imaging plane data of a medical imaging device based on the planned trajectory data, wherein the initial plane data describes a relative orientation between the orientation of the longitudinal axis of the elongate medical device an imaging plane of the medical imaging device usable for simultaneously imaging the elongate medical device and the anatomical bod part (first set of imaging data; [0026]); acquiring imaging device constraint data that describes a plurality of possible relative orientations between the imaging plane of the medical imaging device and an orientation of the longitudinal axis of the elongate medical device or the anatomical body part ([0063]; [0086]; [0105-0109]); acquiring orientation condition data that describes a predetermined condition to be met by the relative orientation between the orientation of the longitudinal axis of the elongate medical device and the imaging plane of the medical imaging device ([0105-0109]); determining consensus plane data based on the imaging device constraint data and the initial imaging plane data and the orientation data, wherein the consensus plane data describes a relative orientation between the imaging plane of the medical imaging device and the orientation of the longitudinal axis of the elongate medical device, which orientation is to be applied for imaging the anatomical body part and the elongate medical device with the medical imaging device ([0105-0109]); and determining control data based on the consensus plane data, wherein the control data comprises information for controlling the medical imaging device ([0020]; [0024]).
With respect to claims 22 and 24, Razzaque et al. discloses generating a control signal for controlling the medical imaging device ([0023]; [0026]; [0140]).
Allowable Subject Matter
Claims 1-5, 9-10, 12-17, and 19-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to disclose or render obvious the claimed combination of subject matter particularly acquiring avoidance region position data that describes a position of an avoidance region which shall at least substantially not be intersected by imaging radiation during the imaging and determining the consensus plane data further based on the avoidance region position data.
Response to Arguments
Applicant’s arguments with respect to claim(s) 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pelissier et al. (US 2010/0298705) discloses a medical imaging system for controlling the position and orientation of an elongate medical device and plane of the medical imaging device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER LUONG whose telephone number is (571)270-1609. The examiner can normally be reached M-F 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan T Nguyen can be reached at (571)272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER LUONG/Primary Examiner, Art Unit 3797
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