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 .
Response to Arguments
Double Patenting
Applicant’s arguments, see Remarks and Terminal Disclaimer, filed 12/16/2025, with respect to the rejections of claims 1-20 on the grounds of non-statutory double patenting have been fully considered and are persuasive. The rejection of claims 1-20 has been withdrawn.
Claim Rejections 103
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
Applicant argues that Soper in further view of Averbuch does not teach the alleged claim features recited in at least independent claim 1, lines 18-23.
As detailed in the Non-Final Rejection, Soper discloses that the MCF of modeled segmented bronchi is registered to the ACF, thereby, generating a transform that aligns the model and position sensor positions in the same combined ACF coordinate frame. There appears to be some confusion from the Applicant regarding what re-registering as taught by Soper is in reference to. To clarify, re-registering refers to generating a new registration transform using a model position and a position sensor position as the instrument is navigated to additional positions within the airway, i.e., adaptive registration. The newly acquired transform from the re-registration is used to snap/adjust the position sensor data to the model centerline. Outside the model, beyond the open termination, a corresponding model position is not available so instead the model centerline is extended using back-registration to the last available model position, the open termination. The extended centerline outside the model uses the position sensor position outside the model and the most recent registration/transform from the adaptive registration at the open termination (the most recent re-registering) to snap/adjust the position sensor position outside the model to the centerline to extend the model centerline at the open termination. This results in a centerline that extends outside the model.
However, Soper does not appear to explictly disclose that the registration/transform is based on the difference between the model position and the position sensor positions. Averbuch is only relied upon to teach the registration transform is determined using the difference between a corresponding model position and a position sensor position.
Therefore, as Soper in further view of Averbuch teaches the alleged claim features, Applicant’s arguments are not persuasive.
Newly introduced claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Soper in further view of Averbuch in further view of Zhao.
Newly introduced claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Soper in further view of Averbuch in further view of Zhao.
Additionally, Applicant is suggested that parent application 16/221,020 (corresponding to Patent No. 11,160,615) and the Notice of Allowance mailed 7/12/2021 may be informative.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Soper et al. (U.S. Pub. No. 2005/0182295), hereinafter “Soper,” in further view of Averbuch et al. (U.S. Pub. No. 2008/0118135), hereinafter “Averbuch.”
Regarding claim 1, Soper discloses a non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors of a device, cause the device to perform operations (a processor and appropriate software to carry out the processing for implementing the steps of the navigation scheme, [0068]) comprising:
receiving, from a position sensor, first position sensor data corresponding to an instrument positioned at a first point in a first portion of a luminal network (absolute coordinate frame (ACF) from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the modeled segmented bronchi, [0082], [0088], [0102], Figs. 5A and 8A) that is mapped by a preoperative model (3-D model derived from a CT or MRI scan, [0013]; model coordinate frame (MCF) from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0082], [0088], [0102], Figs. 5A and 8A);
determining a first estimated instrument position estimate based on the first position sensor data (ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the modeled segmented bronchi, [0082], [0088], [0102], Figs. 5A and 8A);
determining a second estimated instrument position based on the first position sensor data from the position sensor and data not received from the position sensor (MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0082], [0088], [0102], Figs. 5A and 8A);
determining a location transform based on the first estimated instrument position and the second estimated instrument position (MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F);
receiving, from the position sensor, a second position sensor data corresponding to the instrument positioned at a second point in a second portion of the luminal network that is not mapped by the preoperative model (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C);
determining a third estimated instrument position based on the second position sensor data (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the bronchi, [0082], [0088], [0102], Figs. 5A and 8A; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated beyond the open termination of the model is backprojected to the combined ACF/MCF coordinate frame generated by the registration between the ACF of the position sensor and the MCF of the model before the open termination to extend the model, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0117]);
adjusting the third estimated instrument position using the location transform (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C; Paragraphs [0116]-[0117] and Fig. 8B describe snapping of the EM sensor positions to the centerline of the model wherein snapping involves applying the registration transform to the EM sensor position to align the EM sensor position to the model centerline is adding or subtracting the difference/transform from the EM position, i.e. applying the translation and/or rotation); and
outputting the adjusted instrument position (display of the model extension, [0094]-[0095], [0117], Fig. 5D).
However, while Soper discloses determining a position of the EM sensor within the bronchi, determining a model position matched with the position of the EM sensor within the bronchi, determining a transform from registering the position of the EM sensor and the matched model position within the bronchi, determining a position of the EM sensor outside the bronchi termination, and adjusting the position of the EM sensor outside the bronchi by the transform to back-project the position of the EM sensor outside the bronchi to the model position within the bronchi, as detailed above, and continually updating the graphical user interface to display the co-registered position of the catheter tip EM sensor (ACF) and the 3-D model (MCF) (See [0078]), Soper does not appear to disclose the transform is based on a difference between the EM sensor and the matched model position.
However, in the same field of endeavor of electromagnetic tracking and guidance of an instrument within a luminal passage, Averbuch teaches a non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors of a device, cause the device to perform operations (software and computer for implementing image processing and display, [0004], [0014], [0017], [0070]-[0071], [0097], Claim 8) comprising:
receiving, from a position sensor, first position sensor data corresponding to an instrument positioned at a first point in a first portion of a luminal network that is mapped by a preoperative model (record locatable guide positions in the bronchial airway, [0089], [0092], [0097], [0100], [0102], [0112], [0115], [0131]-[0132], see also Fig. 1 showing LG positions), the first portion being represented by a preoperative model (map of the bronchial tree from CT scan, [0089], [0092], [0097], [0112], see also Fig. 1 showing LG in airway mapped by CT scan BT skeleton);
determining a first estimated instrument position based on the first position sensor data (record locatable guide positions in the bronchial airway, [0089], [0092], [0097], [0100], [0102], [0112], [0115], [0131]-[0132], see also Fig. 1 showing LG positions; coordinate system of locatable guide (LG) path positions from position sensor of locatable guide while the locatable guide is navigated within the modeled bronchial tree, [0096]-[0112]);
determining a second estimated instrument position based on the first position data and data not received from the position sensor (identify model positions best matching the locatable guide positions, [0089], [0092], [0100], [0102], [0105], [0112], [0118]-[0121], see also Fig. 1 showing matched BT skeleton points matched with each LG position; coordinate system from bronchial tree (BT) skeleton positions from preoperative model registered to coordinate system of LG path positions from position sensor of locatable guide such that the position in the model corresponds to the tracked position of the locatable guide within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined coordinate system upon registration, [0096]-[0112]);
determining a location transform based on a difference between the first estimated instrument position and the second estimated instrument position (registration to generate a transform 3D vector (distance and orientation) between the bronchial tree (BT) skeleton and the locatable guide (LG) path at each and every position of the locatable guide representing the transform/difference between the points in the model and the position of the position sensor, [0092], [0097], [0102], [0112]-[0121], [0127]-[0133]; Paragraph [0112] and Fig. 1 demonstrate that the transform lines between each LG position and each BT skeleton position are the difference between the two points, Figure 1 shows that the centerline skeleton of the bronchial tree is registered to the locatable guide path at each position of the locatable guide based to generate a 3D vector denoted by dashed lines representing the transform/difference between the points in the model and the position of the position sensor; coordinate system from bronchial tree (BT) skeleton positions from preoperative model registered to coordinate system of LG path positions from position sensor of locatable guide such that the position in the model corresponds to the tracked position of the locatable guide within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined coordinate system upon registration, by finding the transform/difference between the points in the model and the position of the position sensor, [0096]-[0112]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Averbuch’s known technique of matching EM sensor points and CT centerline model points to generate transforms such that the display of the EM sensor points can be adjusted such that the EM sensor points are along the centerline of the model to Soper’s known process of matching EM sensor points and CT centerline model points to generate transforms to achieve the predictable result of providing a continuous and adaptive registration that improves the accuracy of the registration between the patient model and the navigated location sensor by mapping each position of the position sensor to the model as the position sensor on the instrument is navigated within the bronchial tubes. See, e.g., Averbuch, [0089] and [0099].
Regarding claim 2, Soper discloses the operations further comprise:
determining the location transform at a transition point between the first portion of the luminal network and the second portion of the luminal network (MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F) between the first portion of the luminal network and the second portion of the luminal network (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C).
Regarding claim 3, Soper discloses the operations further comprise:
outputting the second estimated instrument position when the instrument is in the first portion of the luminal network (display registered position of the instrument on the model based on the combined ACF/MCF coordinate frame registration between the ACF from the position sensor and the MCF from the model, Abstract, [0009], [0078], [0115]-[0116], Figs. 4B).
Regarding claim 4, Soper discloses the operations further comprise:
obtaining the preoperative model (3-D model of bronchial passages from CT or MRI scan, [0013], [0032], [0077]-[0082], Figs. 2A-2D, 3A, 8A); and
determining the transition point based on the preoperative model (open termination of model, [0036], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D, 8A and 8C).
Regarding claim 6, Soper discloses the operations further comprise:
determining the location transform based on a plurality of position estimates of the instrument positioned at a plurality of points in the first portion of the luminal network preceding a transition point between the first portion of the luminal network and the second portion of the luminal network (MCF from modeled segmented bronchi registered to ACF at a plurality of positions such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions before the termination of the model, [0011], [0046]-[0048], [0078]-[0082], [0085], [0088], [0113]-[0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F).
Regarding claim 7, while Soper discloses the location transform (model coordinate frame (MCF) from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F), Soper does not appear to disclose that the location transform is an offset.
However, in the same field of endeavor of electromagnetic tracking and guidance of an instrument within a luminal passage, Averbuch teaches the location transform is an offset (adjust the LG positions according to the computed transform to match the LG positions to appear along the BT skeleton, [0089], [0092], [0097], [0100], [0112], [0122]; Paragraph [0112] and Fig. 1 demonstrate that the transform lines between each LG position and each BT skeleton position are the difference between the two points, Figure 1 shows that the centerline skeleton of the bronchial tree is registered to the locatable guide path at each position of the locatable guide based to generate a 3D vector denoted by dashed lines representing the transform/difference between the points in the model and the position of the position sensor; coordinate system from bronchial tree (BT) skeleton positions from preoperative model registered to coordinate system of LG path positions from position sensor of locatable guide such that the position in the model corresponds to the tracked position of the locatable guide within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined coordinate system upon registration, by finding the transform/difference between the points in the model and the position of the position sensor, [0096]-[0112]; applying the transform to the LG position to align the LG position to the BT skeleton is adding or subtracting the difference/transform from the LG position, i.e. applying the translation and/or rotation; see also position distance in paragraph, [0105]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Averbuch’s known technique of matching EM sensor points and CT centerline model points to generate transforms such that the display of the EM sensor points can be adjusted such that the EM sensor points are along the centerline of the model to Soper’s known process of matching EM sensor points and CT centerline model points to generate transforms to achieve the predictable result of providing a continuous and adaptive registration that improves the accuracy of the registration between the patient model and the navigated location sensor by mapping each position of the position sensor to the model as the position sensor on the instrument is navigated within the bronchial tubes. See, e.g., Averbuch, [0089] and [0099].
Regarding claim 8, Soper discloses the operations further comprise:
displaying a visual indicia of the fourth adjusted instrument position on a display (display of the model extension beyond the open termination of the model while the position sensor is beyond the model, [0094]-[0095], [0117], Fig. 5D; MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F; visual display continually updated, showing the past and present position and orientation of the catheter tip in a 3-D graphical airway model, Abstract, [0009], [0078], [0115]-[0116], Figs. 4B; this continuous updating includes adding the display of the model extension to the display of the past and present position of the catheter tip, [0094]-[0095], [0117], Fig. 5D).
Regarding claim 10, Soper discloses the first point is in a first lumen of the luminal network (absolute coordinate frame (ACF) from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the modeled segmented bronchi, [0082], [0088], [0102], Figs. 5A and 8A; extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations at bifurcations/branching points by appending the position sensor information from beyond the open termination to the termination of the model by back-projection/back-registration of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated beyond the open termination of the model at a bifurcation is back-projected/back-registered to the combined ACF/MCF coordinate frame generated by the registration between the ACF of the position sensor and the MCF of the model before the open termination at a bifurcation to extend the model, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0117]; MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F); and
the second point is in a second lumen of the luminal network (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations at bifurcations/branching points by appending the position sensor information from beyond the open termination to the termination of the model by back-projection/back-registration of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the bronchi, [0082], [0088], [0102], Figs. 5A and 8A; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated beyond the open termination of the model at a bifurcation is back-projected/back-registered to the combined ACF/MCF coordinate frame generated by the registration between the ACF of the position sensor and the MCF of the model before the open termination at a bifurcation to extend the model, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0117]; MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F; visual display continually updated, showing the past and present position and orientation of the catheter tip in a 3-D graphical airway model, Abstract, [0009], [0078], [0115]-[0116], Figs. 4B; this continuous updating includes adding the display of the model extension to the display of the past and present position of the catheter tip, [0094]-[0095], [0117], Fig. 5D).
Claims 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Soper in further view of Averbuch.
Regarding claim 11, Soper discloses a method for navigating an instrument in a luminal network of a body (method for guiding a flexible endoscope through linked passages in a patient’s body, [0017]), the method comprising:
receiving, from a position sensor, first position sensor data corresponding to an instrument positioned at a first point in a first portion of a luminal network (absolute coordinate frame (ACF) from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the modeled segmented bronchi, [0082], [0088], [0102], Figs. 5A and 8A) that is mapped by a preoperative model (3-D model derived from a CT or MRI scan, [0013]; model coordinate frame (MCF) from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0082], [0088], [0102], Figs. 5A and 8A);
determining a first estimated instrument position based on the first position sensor data (ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the modeled segmented bronchi, [0082], [0088], [0102], Figs. 5A and 8A);
determining a second estimated instrument position based on the first position sensor data from the position sensor and data not received from the position sensor (MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0082], [0088], [0102], Figs. 5A and 8A);
determining a location transform based on the first estimated instrument position and the second estimated instrument position (MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F);
receiving, from the position sensor, a second position sensor data corresponding to the instrument positioned at a second point in a second portion of the luminal network that is not mapped by the preoperative model (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C);
determining a third estimated instrument position using the second position sensor data (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the bronchi, [0082], [0088], [0102], Figs. 5A and 8A; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated beyond the open termination of the model is backprojected to the combined ACF/MCF coordinate frame generated by the registration between the ACF of the position sensor and the MCF of the model before the open termination to extend the model, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0117]);
adjusting the third estimated instrument position using the location transform (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C; Paragraphs [0116]-[0117] and Fig. 8B describe snapping of the EM sensor positions to the centerline of the model wherein snapping involves applying the registration transform to the EM sensor position to align the EM sensor position to the model centerline is adding or subtracting the difference/transform from the EM position, i.e. applying the translation and/or rotation); and
outputting the adjusted instrument position (display of the model extension, [0094]-[0095], [0117], Fig. 5D).
However, while Soper discloses determining a position of the EM sensor within the bronchi, determining a model position matched with the position of the EM sensor within the bronchi, determining a transform from registering the position of the EM sensor and the matched model position within the bronchi, determining a position of the EM sensor outside the bronchi termination, and adjusting the position of the EM sensor outside the bronchi by the transform to back-project the position of the EM sensor outside the bronchi to the model position within the bronchi, as detailed above, and continually updating the graphical user interface to display the co-registered position of the catheter tip EM sensor (ACF) and the 3-D model (MCF) (See [0078]), Soper does not appear to disclose the transform is based on a difference between the EM sensor and the matched model position.
However, in the same field of endeavor of electromagnetic tracking and guidance of an instrument within a luminal passage, Averbuch teaches a method of navigating an instrument within a luminal network of a body (“A method for using an assembled three-dimensional image to construct a three-dimensional model for determining a path through a lumen network to a target,” Abstract):
receiving, from a position sensor, first position sensor data corresponding to an instrument positioned at a first point in a first portion of a luminal network that is mapped by a preoperative model (record locatable guide positions in the bronchial airway, [0089], [0092], [0097], [0100], [0102], [0112], [0115], [0131]-[0132], see also Fig. 1 showing LG positions), the first portion being represented by a preoperative model (map of the bronchial tree from CT scan, [0089], [0092], [0097], [0112], see also Fig. 1 showing LG in airway mapped by CT scan BT skeleton);
determining a first estimated instrument position based on the first position sensor data (record locatable guide positions in the bronchial airway, [0089], [0092], [0097], [0100], [0102], [0112], [0115], [0131]-[0132], see also Fig. 1 showing LG positions; coordinate system of locatable guide (LG) path positions from position sensor of locatable guide while the locatable guide is navigated within the modeled bronchial tree, [0096]-[0112]);
determining a second estimated instrument position based on the first position sensor data and a data not received from the position sensor (identify model positions best matching the locatable guide positions, [0089], [0092], [0100], [0102], [0105], [0112], [0118]-[0121], see also Fig. 1 showing matched BT skeleton points matched with each LG position; coordinate system from bronchial tree (BT) skeleton positions from preoperative model registered to coordinate system of LG path positions from position sensor of locatable guide such that the position in the model corresponds to the tracked position of the locatable guide within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined coordinate system upon registration, [0096]-[0112]);
determining a location transform based on a difference between the first estimated instrument position and the second estimated instrument position (registration to generate a transform 3D vector (distance and orientation) between the bronchial tree (BT) skeleton and the locatable guide (LG) path at each and every position of the locatable guide representing the transform/difference between the points in the model and the position of the position sensor, [0092], [0097], [0102], [0112]-[0121], [0127]-[0133]; Paragraph [0112] and Fig. 1 demonstrate that the transform lines between each LG position and each BT skeleton position are the difference between the two points, Figure 1 shows that the centerline skeleton of the bronchial tree is registered to the locatable guide path at each position of the locatable guide based to generate a 3D vector denoted by dashed lines representing the transform/difference between the points in the model and the position of the position sensor; coordinate system from bronchial tree (BT) skeleton positions from preoperative model registered to coordinate system of LG path positions from position sensor of locatable guide such that the position in the model corresponds to the tracked position of the locatable guide within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined coordinate system upon registration, by finding the transform/difference between the points in the model and the position of the position sensor, [0096]-[0112]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Averbuch’s known technique of matching EM sensor points and CT centerline model points to generate transforms such that the display of the EM sensor points can be adjusted such that the EM sensor points are along the centerline of the model to Soper’s known process of matching EM sensor points and CT centerline model points to generate transforms to achieve the predictable result of providing a continuous and adaptive registration that improves the accuracy of the registration between the patient model and the navigated location sensor by mapping each position of the position sensor to the model as the position sensor on the instrument is navigated within the bronchial tubes. See, e.g., Averbuch, [0089] and [0099].
Regarding claim 12, Soper discloses determining the location transform at a transition point between the first portion of the luminal network and the second portion of the luminal network (MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F) between the first portion of the luminal network and the second portion of the luminal network (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C).
Regarding claim 13, Soper discloses outputting the second estimated instrument position when the instrument is in the first portion of the luminal network (display registered position of the instrument on the model based on the combined ACF/MCF coordinate frame registration between the ACF from the position sensor and the MCF from the model, Abstract, [0009], [0078], [0115]-[0116], Figs. 4B).
Regarding claim 14, Soper discloses obtaining the preoperative model (3-D model of bronchial passages from CT or MRI scan, [0013], [0032], [0077]-[0082], Figs. 2A-2D, 3A, 8A); and
determining the transition point based on the preoperative model (open termination of model, [0036], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D, 8A and 8C).
Regarding claim 15, Soper discloses the transition point is determined to be at one of:
a threshold length of a last segment of the preoperative model; or a distal end of a last segment of the preoperative model (open termination of model, [0036], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D, 8A and 8C).
Regarding claim 16, Soper discloses determining the location transform based on a plurality of position estimates of the instrument positioned at a plurality of points in the first portion of the luminal network preceding a transition point between the first portion of the luminal network and the second portion of the luminal network (MCF from modeled segmented bronchi registered to ACF at a plurality of positions such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions before the termination of the model, [0011], [0046]-[0048], [0078]-[0082], [0085], [0088], [0113]-[0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F).
Regarding claim 17, while Soper discloses the location transform (model coordinate frame (MCF) from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F), Soper does not appear to disclose that the location transform is an offset.
However, in the same field of endeavor of electromagnetic tracking and guidance of an instrument within a luminal passage, Averbuch teaches the location transform is an offset (adjust the LG positions according to the computed transform to match the LG positions to appear along the BT skeleton, [0089], [0092], [0097], [0100], [0112], [0122]; Paragraph [0112] and Fig. 1 demonstrate that the transform lines between each LG position and each BT skeleton position are the difference between the two points, Figure 1 shows that the centerline skeleton of the bronchial tree is registered to the locatable guide path at each position of the locatable guide based to generate a 3D vector denoted by dashed lines representing the transform/difference between the points in the model and the position of the position sensor; coordinate system from bronchial tree (BT) skeleton positions from preoperative model registered to coordinate system of LG path positions from position sensor of locatable guide such that the position in the model corresponds to the tracked position of the locatable guide within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined coordinate system upon registration, by finding the transform/difference between the points in the model and the position of the position sensor, [0096]-[0112]; applying the transform to the LG position to align the LG position to the BT skeleton is adding or subtracting the difference/transform from the LG position, i.e. applying the translation and/or rotation; see also position distance in paragraph, [0105]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Averbuch’s known technique of matching EM sensor points and CT centerline model points to generate transforms such that the display of the EM sensor points can be adjusted such that the EM sensor points are along the centerline of the model to Soper’s known process of matching EM sensor points and CT centerline model points to generate transforms to achieve the predictable result of providing a continuous and adaptive registration that improves the accuracy of the registration between the patient model and the navigated location sensor by mapping each position of the position sensor to the model as the position sensor on the instrument is navigated within the bronchial tubes. See, e.g., Averbuch, [0089] and [0099].
Regarding claim 18, Soper discloses displaying a visual indicia of the fourth adjusted instrument position on a display (display of the model extension beyond the open termination of the model while the position sensor is beyond the model, [0094]-[0095], [0117], Fig. 5D; MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F; visual display continually updated, showing the past and present position and orientation of the catheter tip in a 3-D graphical airway model, Abstract, [0009], [0078], [0115]-[0116], Figs. 4B; this continuous updating includes adding the display of the model extension to the display of the past and present position of the catheter tip, [0094]-[0095], [0117], Fig. 5D).
Regarding claim 19, Soper discloses determining a pointing direction of the instrument based on the adjusted instrument position (determine position, orientation, and direction of the instrument, Abstract, [0002], [0014], [0030], [0065], [0068]-[0069], [0082], [0090]-[0091], [0095], [0102]-[0103], [0105], [0111], [0115]-[0116], [0117], [0118]); and
displaying the pointing direction of the instrument on the display (determine and display position, orientation, and direction of the instrument, Abstract, [0002], [0014], [0030], [0065], [0068]-[0069], [0082], [0090]-[0091], [0095], [0102]-[0103], [0105], [0111], [0115]-[0116], [0117], [0118]; display of the model extension beyond the open termination of the model while the position sensor is beyond the model, [0094]-[0095], [0117], Fig. 5D; MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F; visual display continually updated, showing the past and present position and orientation of the catheter tip in a 3-D graphical airway model, Abstract, [0009], [0078], [0115]-[0116], Figs. 4B; this continuous updating includes adding the display of the model extension to the display of the past and present position of the catheter tip, [0094]-[0095], [0117], Fig. 5D).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Soper in further view of Averbuch.
Regarding claim 20, Soper discloses a robotic system (integration into robotic surgery, [0130]; rotational and longitudinal controls, [0063] and Fig. 1), comprising:
an instrument having an elongate body (flexible endoscope, Abstract, [0002], [0009], Fig. 1) and a position sensor disposed on the elongate body (position sensor on the flexible endoscope, Abstract, [0009], Fig. 1);
an instrument positioning device attached to the instrument and configured to move the instrument (rotational and longitudinal controls to rotate and move the flexible endoscope, [0063] and Fig. 1);
one or more processors (a processor and appropriate software to carry out the processing for implementing the steps of the navigation scheme, [0068]); and
one or more computer-readable memories storing instructions that, when executed by the one or more processors, cause the robotic system to perform operations (a processor and appropriate software to carry out the processing for implementing the steps of the navigation scheme, [0068]) comprising:
receiving, from a position sensor, first position sensor data corresponding to an instrument positioned at a first point in a first portion of a luminal network (absolute coordinate frame (ACF) from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the modeled segmented bronchi, [0082], [0088], [0102], Figs. 5A and 8A), that is mapped by a preoperative model (3-D model derived from a CT or MRI scan, [0013]; model coordinate frame (MCF) from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0082], [0088], [0102], Figs. 5A and 8A);
determining a first estimated instrument based on the first position sensor data (ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the modeled segmented bronchi, [0082], [0088], [0102], Figs. 5A and 8A);
determining a second estimated instrument position based on the first position sensor data and data not received from the position sensor (MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0082], [0088], [0102], Figs. 5A and 8A);
determining a location transform based on the first estimated instrument position and the second estimated instrument position (MCF from modeled segmented bronchi registered to ACF such that the position in the model corresponds to the tracked position of the endoscope within the modeled segmented bronchi from the position sensor by registering the model and the position sensor positions including recalibration at the termination of bronchi branches, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0011], [0046]-[0048], [0078]-[0082], [0088], [0113], [0116], [0118], [0123]-[0124], Figs. 5A and 8A-8B and 8E-8F);
receiving, from the position sensor, a second position sensor data corresponding to the instrument positioned at a second point in a second portion of the luminal network, wherein the second portion of the luminal network that is not mapped by the preoperative model (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C);
determining a third estimated instrument position based on the second position sensor data (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated within the bronchi, [0082], [0088], [0102], Figs. 5A and 8A; ACF from the position sensor on the distal end of the flexible endoscope while the endoscope is navigated beyond the open termination of the model is backprojected to the combined ACF/MCF coordinate frame generated by the registration between the ACF of the position sensor and the MCF of the model before the open termination to extend the model, i.e., the model and position sensor positions are in the same combined ACF coordinate frame upon registration, [0117]);
adjusting the third estimated instrument position using the location transform (extension of the model by mapping a position of the flexible endoscope to the model coordinates at open terminations by appending the position sensor information from beyond the open termination to the termination of the model by back-projection of the position sensor information to the model information prior to the termination, [0036], [0060], [0092]-[0093], [0094]-[0095], [0117], Figs. 5D and 8A and 8C; Paragraphs [0116]-[0117] and Fig. 8B describe snapping of the EM sensor positions to the centerline of the model wherein snapping involves applying the registration transform to the EM sensor position to align the EM sensor position to the model centerline is adding or subtracting the difference/transform from the EM position, i.e. applying the translation and/or rotation); and
outputting the adjusted instrument position (display of the model extension, [0094]-[0095], [0117], Fig. 5D).
However, while Soper discloses determining a position of the EM sensor within the bronchi, determining a model position matched with the position of the EM sensor within the bronchi, determining a transform from registering the position of the EM sensor and the matched model position within the bronchi, determining a position of the EM sensor outside the bronchi termination, and adjusting the position of the EM sensor outside the bronchi by the transform to back-project the position of the EM sensor outside the bronchi to the model position within the bronchi, as detailed above, and continually updating the graphical user interface to display the co-registered position of the catheter tip EM sensor (ACF) and the 3-D model (MCF) (See [0078]), Soper does not appear to disclose the transform is based on a difference between the EM sensor and the matched model position.
However, in the same field of endeavor of electromagnetic tracking and guidance of an instrument within a luminal passage, Averbuch teaches an instrument having an elongate body (catheter, bronchoscope, extended working channel, locatable guide, title, [0002], [0085]) and a position sensor disposed on the elongate body (position sensor disposed on catheter, bronchoscope, extended working channel, and/or locatable guide, [0085]; see also Fig. 1 showing tracking of distal tip position using position sensor of locatable guide);
one or more processors (software and computer for implementing image processing and display, [0004], [0014], [0017], [0070]-[0071], [0097], Claim 8); and
one or more computer-readable memories storing instructions that, when executed by the one or more processors, cause to perform operations (software and computer for implementing image processing and display, [0004], [0014], [0017], [0070]-[0071], [0097], Claim 8) comprising:
receiving, from a position sensor, first position sensor data corresponding to an instrument positioned at a first point in a first portion of a luminal network that is mapped by a preoperative model (record locatable guide positions in the bronchial airway, [0089], [0092], [0097], [0100], [0102], [0112], [0115], [0131]-[0132], see also Fig. 1 showing LG positions), the first portion being represented by a preoperative model (map of the bronchial tree from CT scan, [0089], [0092], [0097], [0112], see also Fig. 1 showing LG in airway mapped by CT scan BT skeleton);
determining a first position estimate of the instrument at the first point in the first portion of the luminal network based on the first position sensor data (record locatable guide positions in the bronchial airway, [0089], [0092], [0097], [0100], [0102], [0112], [0115], [0131]-[0132], see also Fig. 1 showing LG positions; coordinate system of locatable guide (LG) path positions from position sensor of locatable guide while the locatable guide is navigated within the modeled bronchial tree, [0096]-[0112]);
determining a second estimated instrument position based on the first position sensor data from the position sensor and data not received from the position sensor (identify model positions best matching the locatable guide positions, [0089], [0092], [0100], [0102], [0105], [0112], [0118]-[0121], see also Fig. 1 showing matched BT skeleton points matched with each LG position; coordinate system from bronchial tree (BT) skeleton positions from preoperative model registered to coordinate system of LG path positions from position sensor of locatable guide such that the position in the model corresponds to the tracked position of the locatable guide within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined coordinate system upon registration, [0096]-[0112]);
determining a location transform based on a difference between the first estimated instrument position and the second estimated instrument position (registration to generate a transform 3D vector (distance and orientation) between the bronchial tree (BT) skeleton and the locatable guide (LG) path at each and every position of the locatable guide representing the transform/difference between the points in the model and the position of the position sensor, [0092], [0097], [0102], [0112]-[0121], [0127]-[0133]; Paragraph [0112] and Fig. 1 demonstrate that the transform lines between each LG position and each BT skeleton position are the difference between the two points, Figure 1 shows that the centerline skeleton of the bronchial tree is registered to the locatable guide path at each position of the locatable guide based to generate a 3D vector denoted by dashed lines representing the transform/difference between the points in the model and the position of the position sensor; coordinate system from bronchial tree (BT) skeleton positions from preoperative model registered to coordinate system of LG path positions from position sensor of locatable guide such that the position in the model corresponds to the tracked position of the locatable guide within the modeled segmented bronchi from the position sensor, i.e., the model and position sensor positions are in the same combined coordinate system upon registration, by finding the transform/difference between the points in the model and the position of the position sensor, [0096]-[0112]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Averbuch’s known technique of matching EM sensor points and CT centerline model points to generate transforms such that the display of the EM sensor points can be adjusted such that the EM sensor points are along the centerline of the model to Soper’s known apparatus for matching EM sensor points and CT centerline model points to generate transforms to achieve the predictable result of providing a continuous and adaptive registration that improves the accuracy of the registration between the patient model and the navigated location sensor by mapping each position of the position sensor to the model as the position sensor on the instrument is navigated within the bronchial tubes. See, e.g., Averbuch, [0089] and [0099].
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Soper in further view of Averbuch as in claim 11 above, and further in view of Zhao et al. (U.S. Pub. No. 2019/0365199), hereinafter “Zhao.”
Regarding claim 21, Soper in view of Averbuch does not appear to teach receiving the data not received from the position sensor from a robotic system controlling the instrument, wherein the data received from the robotic system comprises robotic command and kinematics data associated with the robotic system.
However, in the same field of endeavor of electromagnetic tracking and guidance of an instrument within a luminal passage, Zhao teaches a method for navigating an instrument in a luminal network of a body (a method for traversing an anatomical passageway using an elongate device, [0005]), the method comprising:
receiving, from a position sensor, first position sensor data corresponding to an instrument positioned at a first point in a first portion of a luminal network that is mapped by a preoperative model (EM position sensor provides position data corresponding to the device at a first point in a first portion of the anatomical passageway that is mapped by the preoperative model, [0036], [0046], [0050], [0061], [0068], [0072], [0076], [0092]);
determining an estimated instrument position based on the first position sensor data and data not received from the position sensor (estimate of the device position based on a combination of the EM position sensor data and command and position data from a teleoperative/automated system, [0023]-[0035], [0044], [0046], [0049], [0070]-[0071], [0075]-[0077], [0101]-[0103], [0107]);
receiving the data not received from the position sensor from a robotic system controlling the instrument, wherein the data received from the robotic system comprises robotic command and kinematics data associated with the robotic system (command and position data from a teleoperative/automated system for controlling the device, [0023]-[0035], [0044], [0046], [0049], [0070]-[0071], [0075]-[0077], [0101]-[0103], [0107]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Zhao’s known technique comprising forming a combined estimate of the device position using EM position sensor data and command and position data from a teleoperative/automated system for controlling the device to Soper in view of Averbuch’s known process comprising determining a combined estimate of the device position using EM position sensor data and model position data to achieve the predictable result that using a combination of data from different sensors to estimate the position of the device reduces errors in the positional data by allowing for data aggregation between different types of sensor data. See, e.g., Zhao, [0117]-[0121].
Regarding claim 22, Soper in further view of Averbuch does not appear to teach receiving the data not received from the position sensor from a shape sensing fiber, an accelerometer, or a gyroscope.
However, in the same field of endeavor of electromagnetic tracking and guidance of an instrument within a luminal passage, Zhao teaches a method for navigating an instrument in a luminal network of a body (a method for traversing an anatomical passageway using an elongate device, [0005]), the method comprising:
receiving, from a position sensor, first position sensor data corresponding to an instrument positioned at a first point in a first portion of a luminal network that is mapped by a preoperative model (EM position sensor provides position data corresponding to the device at a first point in a first portion of the anatomical passageway that is mapped by the preoperative model, [0036], [0046], [0050], [0061], [0068], [0072], [0076], [0092]);
determining an estimated instrument position based on the first position sensor data and data not received from the position sensor (estimate of the device position based on a combination of the EM position sensor data and fiber shape sensor data, [0036], [0046], [0049]-[0050], [0072], [0075]-[0077], [0081], [0092], [0102], [0107]);
receiving the data not received from the position sensor from a shape sensing fiber, an accelerometer, or a gyroscope (fiber shape sensor data, [0036], [0046], [0049]-[0050], [0072], [0075]-[0077], [0081], [0092], [0102], [0107]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied Zhao’s known technique comprising forming a combined estimate of the device position using EM position sensor data and fiber shape sensor data for controlling the device to Soper in view of Averbuch’s known process comprising determining a combined estimate of the device position using EM position sensor data and model position data to achieve the predictable result that using a combination of data from different sensors to estimate the position of the device reduces errors in the positional data by allowing for data aggregation between different types of sensor data. See, e.g., Zhao, [0117]-[0121].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Donhowe et al. (U.S. Pub. No. 2018/0235709) and Donhowe (U.S. Pub. No. 2018/0240237) each disclose a non-transitory CRM, method, and robotic teleoperation system utilizing one or more processors to determine a first position estimate of the distal end of an elongate catheter inserted into an airway at a position proximal to an airway branch, that is mapped using a segmented pre-operative model, using an EM sensor, determining a second position estimate of the distal end of a catheter inserted into an airway at a position proximal to an airway branch using intra-operative imaging, determining a location transform based on a difference between the first position estimate and the second position estimate, receiving, from the position sensor, a third position data positioned at an unsegmented portion of the pre-operative model beyond the terminal point of the model using the EM sensor, adjusting the third position using the location transform, and outputting the fourth position estimate of the catheter.
Zhao et al. (U.S. Pub. No. 2013/0303892) (e.g., Figs. 5-9) and Duindam et al. (U.S. Pub. No. 2018/0153621) (e.g., Figs. 9-10) disclose a non-transitory CRM and a processor for recording EM sensor position from the tip of a catheter within a bronchial airway, determining CT/MRI model position from a centerline of a model of the bronchial airway, determining a location transform between the EM sensor and CT/MRI model position, adjusting the EM sensor position according to the location transform to place the EM sensor position on the CT/MRI model centerline, and displaying the adjusted EM sensor position.
Kariv et al. (U.S. Pub. No. 2016/0239963) discloses a model generated from CT information of a tubular organ, EM tracking of the distal tip of an instrument navigated through the lumen of the tubular organ, determining a position transform between the model and the tracked distal tip, and extending the model of the tubular organ beyond the transition points of the model using the position transform and additional EM tracking positions outside of the model for display.
Wang & Zhao (U.S. Pub. No. 2019/0350659) discloses a model generated from CT information of the bronchial tubes and determining a position transform between the model and user specified navigation points from a virtual instrument with a tracked distal tip, and extending the model of the bronchial tubes using the position transform and the additional navigation points outside of the model for display.
Holsing & Hunter (U.S. Pub. No. 2012/0059248) discloses a model generated from CT information of the bronchial tubes, EM tracking of the distal tip of an instrument navigated through the lumen of the tubular organ, determining a position transform between the model and the tracked distal tip, and extending the model of the bronchial tubes beyond the transition points of the model using the position transform and additional EM tracking positions outside of the model for display.
Holsing & Hunter (U.S. Pub. No. 2013/0223702) discloses a model generated from CT information of the bronchial tubes, EM tracking of the distal tip of an instrument navigated through the lumen of the tubular organ, determining a position transform between the model and the tracked distal tip, and extending the model of the bronchial tubes beyond the transition points of the model using additional EM tracking positions outside of the model for display.
Holsing et al. (U.S. Pub. No. 2013/0225943) discloses a model generated from CT information of the bronchial tubes, EM tracking of the distal tip of an instrument navigated through the lumen of the tubular organ, determining a position transform between the model and the tracked distal tip, and extending the model of the bronchial tubes beyond the transition points of the model using additional EM tracking positions outside of the model for display.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.M./Examiner, Art Unit 3798
/KEITH M RAYMOND/Supervisory Patent Examiner, Art Unit 3798