DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
The claims claim priority to provisional application 61/604,932 with an effective filling date of 02/29/2012.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the last paragraph, set forth “a processor, wherein the processor can extract two dimensional slice”; which is unclear as to whether the processor performs such extraction or merely can do it, but is not required by the claim. For examination purposes it will be interpreted that the processor performs such step.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 11 is rejected under 35 U.S.C. 101 because it set forth a computer-readable storage medium, which can encompass a signal which is non-statutory. The Examiner recommends adding the term “non-transitory” before the term “computer-readable storage medium”
Allowable Subject Matter
The closest prior Hasser et al. (US 2007/0021738, hereinafter Hasser) and Quaid (US 7,831,292).
With respect to the claims, Hasser discloses a multi-image information fusion system for tissue cutting path planning, comprising: a motion control apparatus, wherein the motion control apparatus comprises a fixed reference component, and a first motion control component and a second motion control component that are connected to the fixed reference component (see para. 0048, “The Processor 102 performs various functions in the System 100. One important function that it performs is to translate and transfer the mechanical motion of Master Input Devices 107 and 108 to their associated Slave Arms 121 and 122 through control signals over Bus 110 so that the Surgeon can effectively manipulate their respective Tools 138 and 139. Another important function is to implement the various methods described herein providing a robotic assisted LUS capability.”, see control component, Fig. 1, 1st and 2nd arms 122) ;
a three-dimensional ultrasound imaging module, wherein the three-dimensional ultrasound module comprises an ultrasonic probe, the ultrasonic probe can be used for acquiring three- dimensional ultrasound image information of a target tissue, and the ultrasonic probe is connected to the second motion control component “A Stereoscopic Endoscope 140 (also referred to as a "Laparoscope") provides right and left camera views to the Processor 102 so that it may process the information according to programmed instructions and cause it to be displayed on the Master Display 104. A Laparoscopic Ultrasound ("LUS") Probe 150 provides two-dimensional ("2D") ultrasound image slices of an anatomic structure to the Processor 102 so that the Processor 102 may generate a 3D ultrasound computer model of the anatomic structure and cause the 3D computer model (or alternatively, 2D "cuts" of it) to be displayed on the Master Display 104 as an overlay to the endoscope derived 3D images or within a Picture-in-Picture ("PIP") in either 2D or 3D and from various angles and/or perspectives according to Surgeon or stored program instructions.Each of the Tools 138 and 139, as well as the Endoscope 140 and LUS Probe 150, is preferably inserted through a cannula or trocar (not shown) or other tool guide into the Patient so as to extend down to the surgical site through a corresponding minimally invasive incision such as Incision 166. Each of the Slave Arms 121-124 is conventionally formed of linkages which are coupled together and manipulated through motor controlled joints (also referred to as "active joints"). Setup Arms (not shown) comprising linkages and setup joints are used to position the Slave Arms 121-124 vertically and horizontally so that their respective surgical related instruments may be coupled for insertion into the cannulae.;
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However, Hasser fails to teach an ablation tool module, wherein the ablation tool module comprises an ablation tool and an endoscope with a position feedback apparatus, the ablation tool module can acquire position information of a target tissue working area, and both the endoscope and the ablation tool are connected to the first motion control component;
a processor, wherein the processor can extract two-dimensional slice image contour position information of the three-dimensional ultrasound image, and fuse the acquired position information of the target tissue working area and the two-dimensional slice image contour position information of the target tissue into the same standard coordinate system.
Also, the prior art of Quaid (US 7,831,292) discloses to define objects with respect to images of an anatomy displayed using an image guided surgery system. For non-trivial objects, or those with complicated two or three dimensional forms, it may be difficult to present information in a manner that is simple for a user to understand. The local distance to a surface of interest, such as the surface of the defined object, or to a desired position, the local penetration distance of the surface of interest, or haptic repulsion force, often provides the most useful information for augmenting the interaction of the user with the image guided surgery system. The scalar value of the local distance may be conveyed to the user by visual, audio, tactile, haptic, or other means.
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But also fails to teach an ablation tool module, wherein the ablation tool module comprises an ablation tool and an endoscope with a position feedback apparatus, the ablation tool module can acquire position information of a target tissue working area, and both the endoscope and the ablation tool are connected to the first motion control component;
a processor, wherein the processor can extract two-dimensional slice image contour position information of the three-dimensional ultrasound image, and fuse the acquired position information of the target tissue working area and the two-dimensional slice image contour position information of the target tissue into the same standard coordinate system.
Claims 1-3 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 4-10 allowed.
It should be noted that claim 11, although depending from claim 8; is not part of the allowable subject matter since it is rejected under 35 USC 101 as set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M. Kozak can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M SANTOS RODRIGUEZ/ Primary Examiner, Art Unit 3797