DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 9,510,914. This is a statutory double patenting rejection.
18/941,283
9,510,914
1. A surgical guidance system comprising:
a storage medium for storing pre-operative image data associated with a patient;
a surface topology imaging and optical position measurement system comprising:
an optical projection device configured to project optical radiation onto an exposed surface of the patient, such that backscattered optical radiation is suitable for optical surface topology detection;
an optical source having a wavelength selected to illuminate a set of fiducial markers provided on a movable instrument;
two or more cameras, wherein at least one of said two or more cameras is configured for imaging the backscattered optical radiation, and wherein at least two of said two or more cameras are configured for imaging said set of fiducial markers when illuminated; and
a surgical guidance controller operatively connected to said surface topology imaging and optical position measurement system and said storage medium, wherein said surgical guidance controller includes a processor configured to:
control said optical projection device to illuminate the exposed surface and
obtain, based on one or more images from said at least one camera, topological image data associated with the exposed surface; and
control said optical source to illuminate said set of fiducial markers and obtain, from said two or more cameras, positional image data associated with said set of fiducial markers;
determine a position and an orientation of said movable instrument relative to the exposed surface; and
register said topological image data, and said position and orientation of the movable instrument to said pre-operative image data;
wherein said surgical guidance controller is configured to control said optical projection device and said optical source such that operation of said optical projection device and said optical source are temporally interleaved, and such that the backscattered optical radiation is imaged during operation of said optical projection device, and said set of fiducial markers are imaged during operation of said optical source.
1. A surgical guidance system comprising:
a storage medium for storing pre-operative image data associated with a patient;
a surface topology imaging and optical position measurement system comprising:
an optical projection device configured to project optical radiation onto an exposed surface of the patient, such that backscattered optical radiation is suitable for optical surface topology detection;
an optical source having a wavelength selected to illuminate a set of fiducial markers provided on a movable instrument;
two or more cameras, wherein at least one of said two or more cameras is configured for imaging the backscattered optical radiation, and wherein at least two of said two or more cameras are configured for imaging said set of fiducial markers when illuminated; and
a surgical guidance controller operatively connected to said surface topology imaging and optical position measurement system and said storage medium, wherein said surgical guidance controller includes a processor configured to:
control said optical projection device to illuminate the exposed surface and
obtain, based on one or more images from said at least one camera, topological image data associated with the exposed surface; and
control said optical source to illuminate said set of fiducial markers and obtain, from said two or more cameras, positional image data associated with said set of fiducial markers;
determine a position and an orientation of said movable instrument relative to the exposed surface; and
register said topological image data, and said position and orientation of the movable instrument to said pre-operative image data;
wherein said surgical guidance controller is configured to control said optical projection device and said optical source such that operation of said optical projection device and said optical source are temporally interleaved, and such that the backscattered optical radiation is imaged during operation of said optical projection device, and said set of fiducial markers are imaged during operation of said optical source.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure include 12,137,985; 10,980,601; and 9,901,409 all related to the instant application. These patents should be considered when filing any claim language for a potential continuation application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL M. LAMPRECHT whose telephone number is (571)272-3250. The examiner can normally be reached Mon - Fri 9:00-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOEL LAMPRECHT/Primary Examiner, Art Unit 3798