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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/16/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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.
Claims 1-6, 10-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Navve et al. US PG-Pub(US 20150366571 A1) in view of Shelton et al. US PG-Pub(US 20230115488 A1).
Regarding Claim 1, Navve teaches a medical system(Fig. 1) comprising: a medical device including a handle and a shaft defining a working channel having a distal opening at a distal end of the shaft, the distal end also including an imager (¶[0039] “Energy produced by a lithotripsy module 13 to a laser optical probe 57, which is projected through the working channel 15 of the endoscope 12, the laser optical probe comprising fiberoptics and an optical lens (not shown) for transmitting laser energy from a generator 42 to calculus 24. The endoscope 12 includes a lens system and semi-conducting imaging array at distal end 16 for returning reflected light to an image acquisition unit 18. A light source 14 may emit light at one or more wavelengths for illumination of the calculus 24 and the body lumen. The optics are described below in further detail in the discussion of FIG. 3.”, ¶[0039] discloses an endoscope with a lens system that has a shaft with a working channel at the distal opening of the endoscope.); a processor(¶[0042] discloses “the image acquisition unit 18 provides image data to a processor 32”; and an instrument movable along the working channel to contact a target distal to the distal end of the shaft (¶[0044], “Returning light from an object illuminated by the illumination lens 54 is focused by a lens system 56 onto a semiconducting imaging array 58, which is also controlled by the image acquisition unit 18, and which enables capture of an image of the illuminated object. The laser optical probe 57 traverses working channel 60 and is configured to be able to transmit a laser beam produced by generator 42 in the lithotripsy module 13 through the optical fiber 46 and along a path 62 extending from distal end 64 to decrease the size of the calculus 24…. During laser lithotripsy, a fiber tip at distal end 64 is placed in contact with the stone's surface or at in close proximity to the stone, typically within 1 mm. By calculating the relation between the size of the tip in the image with the size of the stone or stone fragment in the image, based on the absolute size of the tip, the size of the stone or stone fragment can be calculated. ”, discloses that the instrument is movable along the working channel and is placed in close proximity of the target/kidney stone.)wherein the processor is configured to determine a depth of the target based on pixel characteristics of the target and the instrument in at least one image generated by the imager (¶[0048], “The image processing routines 34 (FIG. 1) measures the size of urinary vessel lumen 44 (Y) by comparing the number of y pixels with the number of x pixels, (x and y can be calculated as reference X has a known size). In case the calculus 24 is placed in the image (not shown in FIG. 5), the image processing routines 34 (FIG. 1) measure the size of the target stone 24 in the same way. In the course of the introduction of the endoscope, other frames may be acquired, which in general show different segments of the urinary vessel lumen 44. Such frames may be analyzed individually. The image processing routines 34 detects the maximum target stone size and the minimum lumen size, then the image processing routines 34 determine that the maximum target stone size is less than the minimum lumen size.”
[0049] “As noted above, many algorithms are known for determining the size of an object through an endoscope.”, discloses determining pixel characteristics of the target captured by the imager in order to determine the size of the object through the endoscope.)
Navve does not explicitly teach determine a depth of the target based on pixel characteristics of the instrument in at least one image generated by the imager, and based on a proximity of the instrument to the target in the at least one image.
Shelton teaches determine a depth of the target based on pixel characteristics of the target and the instrument in at least one image generated by the imager, and based on a proximity of the instrument to the target in the at least one image. (¶[0068], “Operation 702 to determine a distance from the target. Additionally or alternatively, Operation 706 can include determining a target characteristic, for example, a size of the target such as the height or width of the target. For example, the pixel size can be computed by dividing the diameter of the laser aiming beam by its corresponding total number of pixels on the endoscopic image; based on the computed pixel size and the total number of pixels corresponding to the target height/width on the endoscopic image, the height/width of the target can be estimated. In an example, once the calibration process is complete, the aiming beam can be projected from the fiber tip onto the surface of a target, and that projection will adhere to the calibrated parameters. Therefore, the user can know how many pixels are visible based on the amount of the fiber tip that can be seen in the endoscopic image, and thus can know how far from the target that the tip of the fiber and/or the tip of the scope is located. Similarly, the user can know the number of pixels corresponding to the dimension of the aiming beam on the surface of the target and can determine the height and/or the width of the target in pixels, which can be used to determine an estimated size of the target.”, discloses determining the depth based on pixel data from the endoscopic image and the proximity of the instrument around the target.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the claimed invention as taught by Navve with Shelton in order to determine depth and the dimensions of the target using pixel data and the proximity data of the instrument. One skilled in the art would have been motivated to modify Navve in this manner in order to determining characteristics of a target during laser procedures. (Shelton, ¶[0002])
Regarding Claim 2, the combination of Navve and Shelton teach the medical system of claim 1, where Navve further teaches wherein the handle of the medical device includes the processor. (¶[0042] discloses the endoscope is coupled to a processor)
Regarding Claim 3, the combination of Navve and Shelton teach the medical system of claim 1, where Navve further teaches wherein the instrument has a known diameter and the processor is configured to determine the depth of the target further based on the known diameter of the instrument and contact between the instrument and the target. (¶0044], “During laser lithotripsy, a fiber tip at distal end 64 is placed in contact with the stone's surface or at in close proximity to the stone, typically within 1 mm. By calculating the relation between the size of the tip in the image with the size of the stone or stone fragment in the image, based on the absolute size of the tip, the size of the stone or stone fragment can be calculated.”, discloses using the absolute size of the fiber tip when close to the stone and ¶[0045] discloses a beam diameter is deterred from the known fiber size.)
Regarding Claim 4, the combination of Navve and Shelton teach the medical system of claim 1, where Navve further teaches wherein the processor is configured to determine the depth of the target based on a comparison of the pixel characteristics of the instrument to the pixel characteristics of the target in the at least one image. (¶[0044] discloses determining a relationship between fiber tip size in the image and stone size in the image and ¶[0048] discloses comparing target pixels with known reference pixels used to determine the depth of the object.)
Regarding Claim 5, the combination of Navve and Shelton teach the medical system of claim 1, where Navve further teaches wherein a distal end of the instrument abuts the target in the at least one image. (¶[0044] discloses fiber tip at distal 64 is placed in contact with the kidney stones surface.)
Regarding Claim 6, the combination of Navve and Shelton teach the medical system of claim 1, where Navve further teaches wherein the instrument includes a laser fiber configured to fragment the target. (¶[0039], “Energy produced by a lithotripsy module 13 to a laser optical probe 57, which is projected through the working channel 15 of the endoscope 12, the laser optical probe comprising fiberoptics and an optical lens (not shown) for transmitting laser energy from a generator 42 to calculus 24. The endoscope 12 includes a lens system and semi-conducting imaging array at distal end 16 for returning reflected light to an image acquisition unit 18. A light source 14 may emit light at one or more wavelengths for illumination of the calculus 24 and the body lumen. The optics are described below in further detail in the discussion of FIG. 3.”, discloses the laser optical probe comprises fiber optics.)
Regarding Claim 10, the combination of Navve and Shelton teach the medical system of claim 1, where Shelton further teaches wherein the processor is further configured to determine a length and/or a width of the target based on the pixel characteristics of the target and the instrument in the at least one image and based on the proximity of the instrument to the target in the at least one image. ([0068] “FIG. 7 illustrates an example method of determining target characteristics in accordance herewith. Operation 701 can include measuring a number of pixels associated with (i) a beam dimension (e.g., a laser beam diameter footprint, a cross-sectional area of a laser beam, a laser beam radius, or an arc length of a footprint of a laser beam) and/or (ii) an object dimension (e.g., a diameter, a cross-sectional area, a perimeter, a radius, or an arc length of a laser fiber tip) on an endoscopic image in a laser procedure”, ¶[0068] discloses determining a length of the target using pixel data associated with the endoscopic image.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the claimed invention as taught by Navve with Shelton in order to determine depth and the dimensions of the target using pixel data and the proximity data of the instrument. One skilled in the art would have been motivated to modify Navve in this manner in order to determining characteristics of a target during laser procedures. (Shelton, ¶[0002])
Regarding Claim 11, Navve teaches a method of analyzing a target in a body of a subject(Fig. 7), the method comprising: introducing a shaft of a medical device into a lumen of the body that includes the target(¶[0039] “Energy produced by a lithotripsy module 13 to a laser optical probe 57, which is projected through the working channel 15 of the endoscope 12, the laser optical probe comprising fiberoptics and an optical lens (not shown) for transmitting laser energy from a generator 42 to calculus 24. The endoscope 12 includes a lens system and semi-conducting imaging array at distal end 16 for returning reflected light to an image acquisition unit 18. A light source 14 may emit light at one or more wavelengths for illumination of the calculus 24 and the body lumen. The optics are described below in further detail in the discussion of FIG. 3.”, ¶[0039] discloses an endoscope with a lens system that has a shaft with a working channel at the distal opening of the endoscope.); positioning a distal end of the shaft proximate the target([0044] Reference is now made to FIG. 3, which is a schematic diagram illustrating the distal end 16 of endoscope 12 (FIG. 1), in accordance with an embodiment of the invention. The distal end 16 is assumed to be lie within a body lumen or urinary vessel lumen 53 in proximity to calculus 24. ), the distal end comprising an imager(¶[0044], “An illumination lens 54 is able to radiate visible light, typically white light, under control of the image acquisition unit 18 (FIG. 1). Returning light from an object illuminated by the illumination lens 54 is focused by a lens system 56 onto a semiconducting imaging array 58, which is also controlled by the image acquisition unit 18, and which enables capture of an image of the illuminated object. “, discloses imager is coupled to the distal end of the endoscope.); extending an instrument through a working channel of the medical device to a position proximate the target(¶[0044], “Returning light from an object illuminated by the illumination lens 54 is focused by a lens system 56 onto a semiconducting imaging array 58, which is also controlled by the image acquisition unit 18, and which enables capture of an image of the illuminated object. The laser optical probe 57 traverses working channel 60 and is configured to be able to transmit a laser beam produced by generator 42 in the lithotripsy module 13 through the optical fiber 46 and along a path 62 extending from distal end 64 to decrease the size of the calculus 24…. During laser lithotripsy, a fiber tip at distal end 64 is placed in contact with the stone's surface or at in close proximity to the stone, typically within 1 mm. By calculating the relation between the size of the tip in the image with the size of the stone or stone fragment in the image, based on the absolute size of the tip, the size of the stone or stone fragment can be calculated. ”, discloses that the instrument is movable along the working channel and is placed in close proximity of the target/kidney stone.); generating, via the imager, a plurality of images of the target and the instrument([0057] Next, at a step 86 a series of images of the vessel is captured and the lumen size is measured as the endoscope is advanced toward the target stone.); and determining, via a processor, pixel characteristics of the target and the instrument in the plurality of images. (¶[0048], “The image processing routines 34 (FIG. 1) measures the size of urinary vessel lumen 44 (Y) by comparing the number of y pixels with the number of x pixels, (x and y can be calculated as reference X has a known size). In case the calculus 24 is placed in the image (not shown in FIG. 5), the image processing routines 34 (FIG. 1) measure the size of the target stone 24 in the same way. In the course of the introduction of the endoscope, other frames may be acquired, which in general show different segments of the urinary vessel lumen 44. Such frames may be analyzed individually. The image processing routines 34 detects the maximum target stone size and the minimum lumen size, then the image processing routines 34 determine that the maximum target stone size is less than the minimum lumen size.”
[0049] “As noted above, many algorithms are known for determining the size of an object through an endoscope.”, discloses determining pixel characteristics of the target captured by the imager in order to determine the size of the object through the endoscope.)
Navve does not explicitly teach and determining, via a processor, a depth of the target based on pixel characteristics of the target and the instrument in the plurality of images.
Shelton teaches and determining, via a processor, a depth of the target based on pixel characteristics of the target and the instrument in the plurality of images. (¶[0068], “Operation 702 to determine a distance from the target. Additionally or alternatively, Operation 706 can include determining a target characteristic, for example, a size of the target such as the height or width of the target. For example, the pixel size can be computed by dividing the diameter of the laser aiming beam by its corresponding total number of pixels on the endoscopic image; based on the computed pixel size and the total number of pixels corresponding to the target height/width on the endoscopic image, the height/width of the target can be estimated. In an example, once the calibration process is complete, the aiming beam can be projected from the fiber tip onto the surface of a target, and that projection will adhere to the calibrated parameters. Therefore, the user can know how many pixels are visible based on the amount of the fiber tip that can be seen in the endoscopic image, and thus can know how far from the target that the tip of the fiber and/or the tip of the scope is located. Similarly, the user can know the number of pixels corresponding to the dimension of the aiming beam on the surface of the target and can determine the height and/or the width of the target in pixels, which can be used to determine an estimated size of the target.”, discloses determining the depth based on pixel data from the endoscopic image and the proximity of the instrument around the target.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the claimed invention as taught by Navve with Shelton in order to determine depth and the dimensions of the target using pixel data and the proximity data of the instrument. One skilled in the art would have been motivated to modify Navve in this manner in order to determining characteristics of a target during laser procedures. (Shelton, ¶[0002])
Regarding Claim 12, the combination of Navve and Shelton teach The method of claim 11, where Navve further teaches wherein extending the instrument to the position includes contacting the target(¶[0051] discloses a probe can be extended through the working channel to detect the target.), and the method comprises comparing the pixel characteristics of the target to the pixel characteristics of the instrument. (¶[0044] discloses determining a relationship between fiber tip size in the image and stone size in the image and ¶[0048] discloses comparing target pixels with known reference pixels used to determine the depth of the object.)
Regarding Claim 13, the combination of Navve and Shelton teach the method of claim 12, where Shelton further teaches wherein determining the depth of the target includes calculating a distance between the target and the instrument. ([0008] “The calibration process can entail operations or steps such as detecting a laser aiming beam circle/footprint or the fiber tip at a first location/distance proximate to a target, measuring a diameter, cross-sectional area or other related parameters (e.g., a perimeter, a radius or an arc length) of the laser aiming beam footprint or fiber tip in pixels on a video image at the first location/distance (first pixel count), measuring a first distance or a first amount of the laser fiber extending from the scope/video sensor, moving at least a portion of the endoscope to a second location/distance relative to the first location/distance with respect to the target”, discloses measuring the distance between the target and instrument.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the claimed invention as taught by Navve with Shelton in order to determine distance and proximity data between the target and instrument. One skilled in the art would have been motivated to modify Navve in this manner in order to determining characteristics of a target during laser procedures. (Shelton, ¶[0002])
Regarding Claim 14, the combination of Navve and Shelton teach the method of claim 11, where Navve further teaches wherein the instrument includes a fiber. (¶[0039], “Energy produced by a lithotripsy module 13 to a laser optical probe 57, which is projected through the working channel 15 of the endoscope 12, the laser optical probe comprising fiberoptics and an optical lens (not shown) for transmitting laser energy from a generator 42 to calculus 24. The endoscope 12 includes a lens system and semi-conducting imaging array at distal end 16 for returning reflected light to an image acquisition unit 18. A light source 14 may emit light at one or more wavelengths for illumination of the calculus 24 and the body lumen. The optics are described below in further detail in the discussion of FIG. 3.”, discloses the laser optical probe comprises fiber optics.)
Regarding Claim 15, the combination of Navve and Shelton teach the method of claim 11, where Navve further teaches wherein the target is a kidney stone(¶[0059] discloses endoscope is placed into contact with kidney stone).
Regarding Claim 16, the combination of Navve and Shelton teach the method of claim 15, where Navve further teaches wherein the instrument includes a laser fiber and the method further comprises fragmenting the target with the laser fiber. (¶[0039], “Energy produced by a lithotripsy module 13 to a laser optical probe 57, which is projected through the working channel 15 of the endoscope 12, the laser optical probe comprising fiberoptics and an optical lens (not shown) for transmitting laser energy from a generator 42 to calculus 24. The endoscope 12 includes a lens system and semi-conducting imaging array at distal end 16 for returning reflected light to an image acquisition unit 18. A light source 14 may emit light at one or more wavelengths for illumination of the calculus 24 and the body lumen. The optics are described below in further detail in the discussion of FIG. 3.”, discloses the laser optical probe comprises fiber optics.)
Regarding Claim 18, Navve teaches a method of analyzing a target in a body of a subject(Fig. 7), the method comprising: positioning a distal end of a shaft of a medical device proximate the target (¶[0059] At step 90, the endoscope is placed into contact with or in proximity with a target stone in a vessel or body lumen.); wherein the distal end of the shaft includes an imager; (¶[0044], “An illumination lens 54 is able to radiate visible light, typically white light, under control of the image acquisition unit 18 (FIG. 1). Returning light from an object illuminated by the illumination lens 54 is focused by a lens system 56 onto a semiconducting imaging array 58, which is also controlled by the image acquisition unit 18, and which enables capture of an image of the illuminated object. “, discloses imager is coupled to the distal end of the endoscope.); extending an instrument through a working channel of the medical device to a position proximate the target (¶[0044], “Returning light from an object illuminated by the illumination lens 54 is focused by a lens system 56 onto a semiconducting imaging array 58, which is also controlled by the image acquisition unit 18, and which enables capture of an image of the illuminated object. The laser optical probe 57 traverses working channel 60 and is configured to be able to transmit a laser beam produced by generator 42 in the lithotripsy module 13 through the optical fiber 46 and along a path 62 extending from distal end 64 to decrease the size of the calculus 24…. During laser lithotripsy, a fiber tip at distal end 64 is placed in contact with the stone's surface or at in close proximity to the stone, typically within 1 mm. By calculating the relation between the size of the tip in the image with the size of the stone or stone fragment in the image, based on the absolute size of the tip, the size of the stone or stone fragment can be calculated. ”, discloses that the instrument is movable along the working channel and is placed in close proximity of the target/kidney stone.);wherein the instrument includes a laser fiber(¶[0039], discloses the laser optical probe comprises fiber optics.)
generating, via the imager, at least one image of the target and the instrument;([0057] Next, at a step 86 a series of images of the vessel is captured and the lumen size is measured as the endoscope is advanced toward the target stone.); determining, via a processor of the medical device, pixel characteristics of the target and the instrument in the at least one image; (¶[0048], “The image processing routines 34 (FIG. 1) measures the size of urinary vessel lumen 44 (Y) by comparing the number of y pixels with the number of x pixels, (x and y can be calculated as reference X has a known size). In case the calculus 24 is placed in the image (not shown in FIG. 5), the image processing routines 34 (FIG. 1) measure the size of the target stone 24 in the same way. In the course of the introduction of the endoscope, other frames may be acquired, which in general show different segments of the urinary vessel lumen 44. Such frames may be analyzed individually. The image processing routines 34 detects the maximum target stone size and the minimum lumen size, then the image processing routines 34 determine that the maximum target stone size is less than the minimum lumen size.”
[0049] “As noted above, many algorithms are known for determining the size of an object through an endoscope.”, discloses determining pixel characteristics of the target captured by the imager in order to determine the size of the object through the endoscope.)
Navve does not explicitly teach and determining, via the processor, a depth of the target based on the pixel characteristics of the target and the instrument.
Shelton teaches and determining, via a processor, a depth of the target based on pixel characteristics of the target and the instrument in the plurality of images. (¶[0068], “Operation 702 to determine a distance from the target. Additionally or alternatively, Operation 706 can include determining a target characteristic, for example, a size of the target such as the height or width of the target. For example, the pixel size can be computed by dividing the diameter of the laser aiming beam by its corresponding total number of pixels on the endoscopic image; based on the computed pixel size and the total number of pixels corresponding to the target height/width on the endoscopic image, the height/width of the target can be estimated. In an example, once the calibration process is complete, the aiming beam can be projected from the fiber tip onto the surface of a target, and that projection will adhere to the calibrated parameters. Therefore, the user can know how many pixels are visible based on the amount of the fiber tip that can be seen in the endoscopic image, and thus can know how far from the target that the tip of the fiber and/or the tip of the scope is located. Similarly, the user can know the number of pixels corresponding to the dimension of the aiming beam on the surface of the target and can determine the height and/or the width of the target in pixels, which can be used to determine an estimated size of the target.”, discloses determining the depth based on pixel data from the endoscopic image and the proximity of the instrument around the target.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the claimed invention as taught by Navve with Shelton in order to determine depth and the dimensions of the target using pixel data and the proximity data of the instrument. One skilled in the art would have been motivated to modify Navve in this manner in order to determining characteristics of a target during laser procedures. (Shelton, ¶[0002])
Claims 7 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Navve et al. US PG-Pub(US 20150366571 A1) in view of Shelton et al. US PG-Pub(US 20230115488 A1) in view of Graetzel et al. US PG-Pub(US 20240127399 A1).
Regarding Claim 7, while the combination of Navve and Shelton teach the medical system of claim 1, they do not explicitly teach wherein the at least one image includes a plurality of images, and in each image of the plurality of images, the target has a different orientation relative to the instrument.
Graetzel teaches wherein the at least one image includes a plurality of images, and in each image of the plurality of images, the target has a different orientation relative to the instrument. (¶[0054], “The control system 150 can also rotate the image data 156 180 degrees to present the same horizon within the image data 156, as shown in the updated user interface 156(B). That is, the control system 150 can adjust the orientation of the image data 156 within the user interface 156 so that the frame of reference within the patient 120 is maintained (e.g., the kidney stone 192 appears on the left both before and after rolling the scope 130). By adjusting the image representation 154 and/or the working channel indicator 158 in such a manner a frame of reference within the patient 120 can be maintained.”, ¶[0054] discloses that the image data can be rotated such that the orientation of the target/kidney stone is different in a second image.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the claimed invention as taught by Navve and Shelton with Graetzel in order to have different images with different orientations. One skilled in the art would have been motivated to modify Navve and Shelton in this manner in order to provide image data, indicators, and/or other data associated with a medical instrument with the appropriate orientation to assist a user in performing a procedure. (Graetzel, Abstract)
Regarding Claim 19, it is substantially similar to claim 7 respectively, and is rejected in the same manner, the same art, and reasoning applying.
Regarding Claim 20. The method of claim 19, further comprising rotating the target between generating a first image and generating a second image of the plurality of images. (¶0018] discloses “rotating the image representation within the user interface, and based at least in part on the amount that the scope has rolled, rotating the working channel indicator within the user interface from a first orientation to a second orientation. The scope includes a working channel. The working channel indicator indicates an angle of rotation of the working channel.”)
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Navve et al. US PG-Pub(US 20150366571 A1) in view of Shelton et al. US PG-Pub(US 20230115488 A1) in view of Pereira et al. US PG-Pub(US 20180192982 A1).
Regarding Claim 8, while the combination of Navve and Shelton teach the medical system of claim 1, they do not explicitly teach further comprising a display configured to show the depth of the target determined by the processor with the at least one image.
Pereira teaches further comprising a display configured to show the depth of the target determined by the processor with the at least one image. (¶[0007], “Generating the visual representation may comprise transmitting at least a portion of the image data to an interface device. For example, the interface device may be a touchscreen display. Establishing the scale may comprise: positioning a reference element adjacent the stone object; comparing one or more markers on the reference element to the stone object to determine a reference measurement; and defining the scale based on the reference measurement”, ¶[0007] discloses displaying the image data with the depth of the stone object to the user.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the claimed invention as taught by Navve and Shelton with Pereira in order to display kidney stone data to the user. One skilled in the art would have been motivated to modify Navve and Shelton in this manner in order to identify stones in the image and decide to remove them or not. (Pereira, Abstract)
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Navve et al. US PG-Pub(US 20150366571 A1) in view of Shelton et al. US PG-Pub(US 20230115488 A1) in view of Pelissier et al. US PG-Pub(US 20220327691 A1).
Regarding Claim 9, while the combination of Navve and Shelton teach the medical system of claim 1, they do not explicitly teach wherein the processor is further configured to perform segmentation on the at least one image.
Pelissier teaches wherein the processor is further configured to perform segmentation on the at least one image. (¶[0105], “the machine learning model may be trained to segment the presence of a particular image feature (e.g., kidney stones, tumors, gallstones, etc.), and/or detect the absence of such an image feature.”, ¶[0105] discloses performing image segmentation using a machine learning model to detect kidney stones.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the claimed invention as taught by Navve and Shelton with Pelissier in order to perform image segmentation on target objects in the image. One skilled in the art would have been motivated to modify Navve and Shelton in this manner in order to assess medical images for suitability in clinical interpretation. (Pelissier, Abstract)
Regarding claim 17, it is substantially similar to claim 9 respectively, and is rejected in the same manner, the same art, and reasoning applying.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAN D HOANG whose telephone number is (571)272-4344. The examiner can normally be reached Monday-Friday 8-5.
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/HAN HOANG/Primary Examiner, Art Unit 2661
