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The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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Information Disclosure Statement
The information disclosure statement filed 08/08/2025 -items 29-30 (lined through) fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claims 1-3, 6,8,11-15, 18 of Instant Application No.19/027975 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,3-6, 16 of U.S. Patent No.12236547. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are broader in every aspect than the patent claims and are therefore an obvious variant therefof.
A chart showing the similar between Instant Application No. 19/027975 and U.S. Patent No.12236547
Application No. 19/027975
U.S. Patent No.12236547
Claim 1
A registration system for aligning a model to a surgical site to obtain an annotated video of the surgical site, the registration system comprising:
memory storing one or more instructions; and
a processor configured to execute the one or more instructions stored in the memory, wherein executing the instructions causes the registration system to
retrieve a first model of the surgical site, wherein the first model defines a first plurality of points on a first surface and first differential characteristics of the first surface at the first plurality of points,
using the video of the surgical site, generate a second model of the surgical site defining a second plurality of points on a second surface and second differential characteristics of the second surface at the second plurality of points, wherein the second surface corresponds to the first surface,
align the second model of the surgical site to the first model of the surgical site by relating the second differential characteristics to the first differential characteristics, and
generate and output, based on the alignment of the second model to the first model, the annotated video of the surgical site.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claim 3
The method of claim 1, wherein overlaying the information on the video at the location based on the 3D position of the point and/or based on the one or more local differential characteristics of the surface including the point comprises overlaying the information at a location determined using the first 3D model of the surgical site.
Claim 4
The method of claim 3, wherein: the method further comprises generating the first 3D model based on analysis of video data of the surgical site; and overlaying the information comprises aligning the second 3D model of the surgical site with the first 3D model of the surgical site.
Claim 2
The registration system of claim 1, wherein (i) the first differential characteristics include a first plurality of vectors indicating first curvature characteristics of the first surface at the first plurality of points and (ii) the second differential characteristics include a second plurality of vectors indicating second curvature characteristics of the second surface at the second plurality of points.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claim 3
The method of claim 1, wherein overlaying the information on the video at the location based on the 3D position of the point and/or based on the one or more local differential characteristics of the surface including the point comprises overlaying the information at a location determined using the first 3D model of the surgical site.
Claim 3
The registration system of claim 2, wherein the first plurality of vectors includes normals to the first plurality of points and the second plurality of vectors includes normals to the second plurality of points.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claim 6
The registration system of claim 1, wherein the outputting the annotated video includes overlaying information on the video of the surgical site.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claim 8
The registration system of claim 7, wherein the video data includes a depth image.
Claim 16. The method of claim 3, further comprising: capturing a depth image of the surgical site using an RGB-D camera to capture structural light; and generating the first 3D model based on the depth image.
Claim 11
The registration system of claim 1, wherein the first model corresponds to a pre- operative model of the surgical site.
Claim 5. The method of claim 4, wherein the second 3D model of the surgical site is a pre-operative model of anatomy of the surgical site.
Claim 6. The method of claim 5, wherein the pre-operative model comprises a pre-operative plan of surgery to be performed at the surgical site.
Claim 12
The registration system of claim 1, wherein the second differential characteristics are calculated by analysing the second plurality of points.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claim 13
A method of aligning a model to a surgical site to obtain an annotated video of the surgical site, the method comprising:retrieving a first model of the surgical site, wherein the first model defines a first plurality of points on a first surface and first differential characteristics of the first surface at the first plurality of points; using the video of the surgical site, generating a second model of the surgical site defining a second plurality of points on a second surface and second differential characteristics of the second surface at the second plurality of points, wherein the second surface corresponds to the first surface; aligning the second model of the surgical site to the first model of the surgical site by relating the second differential characteristics to the first differential characteristics; and generating and outputting, based on the alignment of the second model to the first model, the annotated video of the surgical site.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claim 3
The method of claim 1, wherein overlaying the information on the video at the location based on the 3D position of the point and/or based on the one or more local differential characteristics of the surface including the point comprises overlaying the information at a location determined using the first 3D model of the surgical site.
Claim 4
The method of claim 3, wherein: the method further comprises generating the first 3D model based on analysis of video data of the surgical site; and overlaying the information comprises aligning the second 3D model of the surgical site with the first 3D model of the surgical site.
Claim 14
The method of claim 13, wherein (i) the first differential characteristics include a first plurality of vectors indicating first curvature characteristics of the first surface at the first plurality of points and (ii) the second differential characteristics include a second plurality of vectors indicating second curvature characteristics of the second surface at the second plurality of points.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claim 3
The method of claim 1, wherein overlaying the information on the video at the location based on the 3D position of the point and/or based on the one or more local differential characteristics of the surface including the point comprises overlaying the information at a location determined using the first 3D model of the surgical site.
Claim 15
The method of claim 14, wherein the first plurality of vectors includes normals to the first plurality of points and the second plurality of vectors includes normals to the second plurality of points.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claim 18
The method of claim 13, wherein the outputting the annotated video includes overlaying information on the video of the surgical site.
Claim 1.
A method comprising: outputting for presentation to a user an annotated video of a surgical site, the annotated video comprising information overlayed on video of the surgical site, wherein the outputting comprises: identifying, in the video of the surgical site, a three-dimensional (3D) position of a point depicted in the video of the surgical site, wherein identifying the three-dimensional position of the point comprises applying passive reconstruction to one or more frames of the video of the surgical site; overlaying information on the video of the surgical site to yield the annotated video, wherein overlaying the information on the video of the surgical site comprises aligning a 3D model of the surgical site on the video of the surgical site at a location based on the 3D position of the point determined by applying the passive reconstruction to the one or more frames of the video of the surgical site and/or based on one or more local differential characteristics of a surface including the point at the 3D position of the point; and outputting the annotated video of the surgical site for presentation, wherein the 3D model of the surgical site is a second 3D model of the surgical site, and wherein aligning the 3D model of the surgical site comprises aligning the second 3D model to a first 3D model by: defining a plurality of first points and first vectors in the first 3D model, wherein the first points correspond to points on a surface in the first 3D model and the first vectors correspond to normals to the first points; identifying at least one second point and second vector in the second 3D model, wherein the at least one second point corresponds to a point on a surface of the second 3D model and the second vector corresponds to a normal to the at least one second point; and aligning the second vector in the second 3D model to one of the first vectors in the first 3D model.
Claims 2-12, 14-20 are rejected based on rejection of independent claims 1 and 13.
It is noted that no prior art was found applicable to the independent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Viswanathan, U.S Patent Application Publication No.20070137656 –
A method is provided for establishing contact of a medical device against a three-dimensional surface geometry within a subject body, the method comprising obtaining a three-dimensional tissue surface geometry of an anatomical region within the subject body, obtaining a target location on the surface for the device to contact, determining local surface geometry information in a neighborhood of the target location, and using this information to determine a change of at least one control variable for effecting an over-torque of the medical device to enhance contact of the device with the target surface.
Viswanathan, U.S Patent Application Publication No.20070021742
A method is provided for establishing contact of a medical device against a tissue surface within a subject body, the method comprising determination of the geometrical configuration of the distal portion of the medical device, and using this together with known control variable information to determine and control the contact force of the distal tip of the medical device against the tissue surface.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH LE whose telephone number is (571)270-7842. The examiner can normally be reached Monday: 8AM-4:30PM EST, Tuesday: 8 AM-3:30PM EST, Wednesday: 8AM-2:30PM EST, Thursday and Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kent Chang can be reached at (571) 272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH LE/Primary Examiner, Art Unit 2614
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