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
Applicant’s arguments with respect to amended claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 4-5 and subsequently claim 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for indicating Allowable Subject Matter
The following is an examiner’s statement of reasons for indicating allowable subject matter:
The following prior art previously made of record is considered pertinent to the reasons for indicating allowable subject matter:
Sasaki (US 2022/0151707) teaches using endoscope image to view transducer head and the puncture needle to determine position of the needle and the transducers.
Fronk (US2013/0267838) teaches using optical markers to instrument (needle), ultrasound probe and view from camera to determine all the positional relationship between anatomy, needle and ultrasound transducers.
However, the prior art previously and currently made of record fails to disclose or make obvious the limitation regarding using both an external camera and rigid endoscope in addition to existing needle and ultrasound probe with either extracorporeal or intracorporeal markers for determining position of the needle and the ultrasound in combination with the rest of the limitations of independent claim(s) 1 and claims 4-5. There is no reason absent hindsight to have combined and modified teachings of the cited references before the effective filing date of the claimed invention for a user to combine and/or modify in order to produce the claimed invention. Furthermore, such a configuration allows identification of the positional relationship between the puncture needle and the ultrasound probe ([0007]), advantages claimed by present invention.
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.
Claims 1, 3, 8, 11, 14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over “Sasaki et al.,” US 2022/0151707 (hereinafter Sasaki) and “Fronk et al.,” US 2013/0267838 (hereinafter Fronk) and “Petrinec et al.,” US 2020/0242972 (hereinafter Petrinec).
Regarding to claim 1, Sasaki teaches a puncture support apparatus comprising:
a processor (processing circuitry [0030])
wherein the processor is configured to:
acquire a first image acquired by an imaging apparatus that images a puncture needle or an ultrasound probe (the endoscope images the head of the ultrasound probe and the puncture needle [0027]);
acquire distal end coordinate of the puncture needle (needle tip of the puncture needle [0094]);
acquire distal end coordinates of the ultrasound probe (position sensor detects the position of the puncture grove in the head of the probe [0026]);
acquire coordinates of a target region in an ultrasound image acquired by the ultrasound probe (ultrasonic image of internal organ of the patient [0018]);
generate support information for supporting a puncture operation of the puncture needle, by using at least any one of the distal end coordinates of the puncture needle, the distal end coordinates of the ultrasound probe, or the coordinates of the target region (acquires information on the needle tip position and puncture angle, deviation function generates a puncture guideline on the basis of the affected area position and the position of the puncture groove [0051]-[0052]) ; and
display the support information on a display by superimposing the support information on the first image (a guide path of the puncture needle along a puncture guideline may be displayed [0074]).
Sasaki does not explicitly teach the coordinate of the puncture needle and the ultrasonic probe are acquired on the basis of the first image.
However, in the analogous field of endeavor in navigating a medical procedure, Fronk teaches optically detectable markers attached to the tool ([0036]), namely position of the needle tip ([0041]), marker affixed to the ultrasound transducer, and marker affixed to the patient ([0019]).
Fronk further teaches coordinates of the position and orientation of each marker ([0036]), and the position of each marker is used in combination with each other and merged to generate information of tracking the tool ([0036] and [0041]) and graphical indication of tracking can be superimposed on the display ([0020] and [0025]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify position sensors of tool and ultrasound probe as taught by Sasaki to incorporate teaching of Fronk, since optically tracking the tool and ultrasound probe using optical markers was well known in the art as taught by Fronk. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using its endoscope to image the optical markers added and replace position sensors of the needle tip and the ultrasound probe, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide an improved system to help position a tool proximate to a structure of interest using optical markers ([0010]), and there was reasonable expectation of success.
Sasaki further teaches wherein the first image is a rigid endoscope image captured by endoscope that is the imaging apparatus (endoscope [0027]).
Fronk teaches needle and transducer markers to be viewed in the camera, and the distal end coordinates of the puncture needle are calculated on the basis of the puncture needle marker included in the rigid endoscope image, and the distal end coordinates of the ultrasound probe are calculated on the basis of the probe marker included in the image (Fig. 8A, the position of the needle tip from the marker position [0040]-[0041], P3 and P’3; transducer marker relative to the bottom of the transducer [0041] Fig. 5A P2 and P’2).
Sasaki and Fonk do not teach the marker is an intracorporeal marker.
However, in the analogous field of endeavor in ultrasound procedure monitoring, Petrinec teaches optical camera (endoscope) tracking distal end of the ultrasound probe which inserted into the patient’s body, with markers affixed at the tip of the probe ([0020] and [0042]).
Thus, Sasaki and Fonk can modify its marker to be positioned at the distal tip of the ultrasound transducer, for monitoring transducer inside the body.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify position sensors of tool and ultrasound probe as taught by Sasaki and Fonk to incorporate teaching of Petrinec, since optically tracking the tool and ultrasound probe using internal optical markers was well known in the art as taught by Petrinec. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using its endoscope to image the distal tip of the ultrasound probe by moving marker to distal tip of the ultrasound probe, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide monitoring transvaginal/transrectal probe tip ([0042]), and there was reasonable expectation of success.
Regarding to claim 3, Sasaki, Fronk, and Petrinec together teach all limitations of claim 1 as set forth above.
Fronk further teaches following limitations:
Of claim 3, wherein the first image is a camera image acquired by a camera that is installed outside a body and is the imaging apparatus (camera 104),
an extracorporeal puncture needle marker is attached to a portion of the puncture needle, which is positioned outside the body (marker M3 attached to the needle [0036]),
an extracorporeal probe marker is attached to a portion of the ultrasound probe, which is positioned outside the body (M2 marker attached to the transducer [0027]),
the distal end coordinates of the puncture needle are calculated on the basis of the extracorporeal puncture needle marker included in the camera image (Fig. 8A, the position of the needle tip from the marker position [0040]-[0041], P3 and P’3), and
the distal end coordinates of the ultrasound probe are calculated on the basis of the extracorporeal probe marker included in the camera image (transducer marker relative to the bottom of the transducer [0041] Fig. 5A P2 and P’2)
Regarding to claims 8, 11, and 14, Sasaki, Fronk, and Petrinec together teach all limitations of claim 1 as set forth above.
Sasaki further teaches following limitations:
Of claim 8, wherein the processor is configured to generate an extension line extending from a distal end of the puncture needle, as the support information, on the basis of the distal end coordinates of the puncture needle (puncture guideline on the basis of the affected area position and the position of the puncture groove [0051], amount of x in the X direction is amount of deviation, length between the needle tip position and the body surface puncture position in XY plane [0054]-[0055]).
Of claim 11, wherein the processor is configured to generate a puncture needle guide for guiding the puncture needle, in accordance with a position of a needle insertion hole of the ultrasound probe, as the support information, on the basis of the distal end coordinates of the ultrasound probe, and display the puncture needle guide on the first image in a superimposed manner (puncture groove guiding position of the puncture needle [0020] and [0026], endoscope image ultrasound probe head with hole and the puncture needle [0027]).
Of claim 14, wherein the processor is configured to generate a puncture point that is a target insertion position of the puncture needle, as the support information, on the basis of the coordinates of the target region (display error between the guide position and the body surface puncture position [0073])
Regarding to claim 16, Sasaki, Fronk, and Petrinec together teach all limitations of claim 1 as set forth above.
Sasaki further teaches 3D image mapping of a puncture position ([0074]), and Fronk further discloses 3D models of the vessel and the tool visible through the camera and visually see the positional relationship of the tip of the needle proximate to the vessel ([0021]).
Thus, Sasaki can incorporate teaching of 3D model and 3D relationship between needle and the target taught by Fronk to provide three-dimensional positional relationship between the needle tip and the 3D model of the vessel ([0021]).
Regarding to claim 17, Sasaki teaches an operation method of a puncture apparatus including a processor (processing circuitry [0030]), the operation method comprising: via the processor (processing circuitry [0030]),
acquiring a first image acquired by an imaging apparatus that images a puncture needle or an ultrasound probe (the endoscope images the head of the ultrasound probe and the puncture needle [0027]);
acquiring distal end coordinate of the puncture needle (needle tip of the puncture needle [0094]);
acquiring distal end coordinates of the ultrasound probe (position sensor detects the position of the puncture grove in the head of the probe [0026]);
acquiring coordinates of a target region in an ultrasound image acquired by the ultrasound probe (ultrasonic image of internal organ of the patient [0018]);
generating support information for supporting a puncture operation of the puncture needle, by using at least any one of the distal end coordinates of the puncture needle, the distal end coordinates of the ultrasound probe, or the coordinates of the target region (acquires information on the needle tip position and puncture angle, deviation function generates a puncture guideline on the basis of the affected area position and the position of the puncture groove [0051]-[0052]) ; and
displaying the support information on a display by superimposing the support information on the first image (a guide path of the puncture needle along a puncture guideline may be displayed [0073]- [0074]).
Sasaki does not explicitly teach the coordinate of the puncture needle and the ultrasonic probe are acquired on the basis of the first image.
However, in the analogous field of endeavor in navigating method of a medical procedure, Fronk teaches optically detectable markers attached to the tool ([0036]), namely position of the needle tip ([0041]), marker affixed to the ultrasound transducer, and marker affixed to the patient ([0019]).
Fronk further teaches coordinates of the position and orientation of each marker ([0036]), and the position of each marker is used in combination with each other and merged to generate information of tracking the tool ([0036] and [0041]) and graphical indication of tracking can be superimposed on the display ([0020] and [0025]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify position sensors of tool and ultrasound probe as taught by Sasaki to incorporate teaching of Fronk, since optically tracking the tool and ultrasound probe using optical markers was well known in the art as taught by Fronk. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using its endoscope to image the optical markers added and replace position sensors of the needle tip and the ultrasound probe, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide an improved system to help position a tool proximate to a structure of interest using optical markers ([0010]), and there was reasonable expectation of success.
Sasaki further teaches wherein the first image is a rigid endoscope image captured by endoscope that is the imaging apparatus (endoscope [0027]).
Fronk teaches needle and transducer markers to be viewed in the camera, and the distal end coordinates of the puncture needle are calculated on the basis of the puncture needle marker included in the rigid endoscope image, and the distal end coordinates of the ultrasound probe are calculated on the basis of the probe marker included in the image (Fig. 8A, the position of the needle tip from the marker position [0040]-[0041], P3 and P’3; transducer marker relative to the bottom of the transducer [0041] Fig. 5A P2 and P’2).
Sasaki and Fonk do not teach the marker is an intracorporeal marker.
However, in the analogous field of endeavor in ultrasound procedure monitoring, Petrinec teaches optical camera (endoscope) tracking distal end of the ultrasound probe which inserted into the patient’s body, with markers affixed at the tip of the probe ([0020] and [0042]).
Thus, Sasaki and Fonk can modify its marker to be positioned at the distal tip of the ultrasound transducer, for monitoring transducer inside the body.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify position sensors of tool and ultrasound probe as taught by Sasaki and Fonk to incorporate teaching of Petrinec, since optically tracking the tool and ultrasound probe using internal optical markers was well known in the art as taught by Petrinec. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using its endoscope to image the distal tip of the ultrasound probe by moving marker to distal tip of the ultrasound probe, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide monitoring transvaginal/transrectal probe tip ([0042]), and there was reasonable expectation of success.
Regarding to claim 18, Sasaki teaches a non-transitory computer readable medium for storing a computer-executable program (storage medium [0015], processor executing programs [0030]), the computer executable program causing a processor to execute (processing circuitry [0030]):
A function of acquiring a first image acquired by an imaging apparatus that images a puncture needle or an ultrasound probe (the endoscope images the head of the ultrasound probe and the puncture needle [0027]);
A function of acquiring distal end coordinate of the puncture needle (needle tip of the puncture needle [0094]);
A function of acquiring distal end coordinates of the ultrasound probe (position sensor detects the position of the puncture grove in the head of the probe [0026]);
A function of acquiring coordinates of a target region in an ultrasound image acquired by the ultrasound probe (ultrasonic image of internal organ of the patient [0018]);
A function of generating support information for supporting a puncture operation of the puncture needle, by using at least any one of the distal end coordinates of the puncture needle, the distal end coordinates of the ultrasound probe, or the coordinates of the target region (acquires information on the needle tip position and puncture angle, deviation function generates a puncture guideline on the basis of the affected area position and the position of the puncture groove [0051]-[0052]) ; and
A function of displaying the support information on a display by superimposing the support information on the first image (a guide path of the puncture needle along a puncture guideline may be displayed [0074]).
Sasaki does not explicitly teach the coordinate of the puncture needle and the ultrasonic probe are acquired on the basis of the first image.
However, in the analogous field of endeavor in navigating a medical procedure, Fronk teaches optically detectable markers attached to the tool ([0036]), namely position of the needle tip ([0041]), marker affixed to the ultrasound transducer, and marker affixed to the patient ([0019]).
Fronk further teaches coordinates of the position and orientation of each marker ([0036]), and the position of each marker is used in combination with each other and merged to generate information of tracking the tool ([0036] and [0041]) and graphical indication of tracking can be superimposed on the display ([0020] and [0025]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify position sensors of tool and ultrasound probe as taught by Sasaki to incorporate teaching of Fronk, since optically tracking the tool and ultrasound probe using optical markers was well known in the art as taught by Fronk. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using its endoscope to image the optical markers added and replace position sensors of the needle tip and the ultrasound probe, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide an improved system to help position a tool proximate to a structure of interest using optical markers ([0010]), and there was reasonable expectation of success.
Sasaki further teaches wherein the first image is a rigid endoscope image captured by endoscope that is the imaging apparatus (endoscope [0027]).
Fronk teaches needle and transducer markers to be viewed in the camera, and the distal end coordinates of the puncture needle are calculated on the basis of the puncture needle marker included in the rigid endoscope image, and the distal end coordinates of the ultrasound probe are calculated on the basis of the probe marker included in the image (Fig. 8A, the position of the needle tip from the marker position [0040]-[0041], P3 and P’3; transducer marker relative to the bottom of the transducer [0041] Fig. 5A P2 and P’2).
Sasaki and Fonk do not teach the marker is an intracorporeal marker.
However, in the analogous field of endeavor in ultrasound procedure monitoring, Petrinec teaches optical camera (endoscope) tracking distal end of the ultrasound probe which inserted into the patient’s body, with markers affixed at the tip of the probe ([0020] and [0042]).
Thus, Sasaki and Fonk can modify its marker to be positioned at the distal tip of the ultrasound transducer, for monitoring transducer inside the body.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify position sensors of tool and ultrasound probe as taught by Sasaki and Fonk to incorporate teaching of Petrinec, since optically tracking the tool and ultrasound probe using internal optical markers was well known in the art as taught by Petrinec. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using its endoscope to image the distal tip of the ultrasound probe by moving marker to distal tip of the ultrasound probe, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide monitoring transvaginal/transrectal probe tip ([0042]), and there was reasonable expectation of success.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sasaki, Fronk, and Petrinec as applied to claim 1 above, and further in view of “FOUTS et al.,” US 2023/0329805 (hereinafter FOUTS) and “Shelton et al.,” US 2022/0028078 (hereinafter Shelton).
Regarding to claim 2, Sasaki, Fronk, and Petrinec together teach all limitations of claim 1 as set forth above.
Sasaki further teaches wherein the first image is a rigid endoscope image captured by endoscope that is the imaging apparatus (endoscope [0027]).
Fronk teaches needle and transducer markers to be viewed in the camera, and the distal end coordinates of the puncture needle are calculated on the basis of the puncture needle marker included in the rigid endoscope image, and the distal end coordinates of the ultrasound probe are calculated on the basis of the probe marker included in the image (Fig. 8A, the position of the needle tip from the marker position [0040]-[0041], P3 and P’3; transducer marker relative to the bottom of the transducer [0041] Fig. 5A P2 and P’2).
Sasaki, Fronk, and Petrinec do not explicitly teach that the endoscope is rigid endoscope, the markers are intracorporeal markers that are inserted into the body and rigid endoscope image.
However, in the analogous field of endeavor in endoscopic surgical procedures, Fouts teaches an intracorporeal markers that are viewed by camera of the endoscope (Fig. 1 shows marker is within the body of the patient [0078], [0086], [0092]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify position sensors of tool and ultrasound probe as taught by Sasaki to incorporate teaching of Fronk and Fouts, since optically tracking the tool and ultrasound probe using optical markers was well known in the art as taught by Fronk and the intracorporeal markers to be visible by endoscope images within the patient’s body was well known in the art as disclosed by Fouts. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using its endoscope to image the optical markers added and replace position sensors of the needle tip and the ultrasound probe, and the markers are intracorporeal markers to be viewed by endoscope images, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide view the tool in the internal portion of the patient during a procedure ([0086]) and there was reasonable expectation of success.
Sasaki, Fronk, Petrinec, and Fouts do not teach that the endoscope is a rigid endoscope.
However, in the analogous field of endeavor in medical navigation apparatus, Shelton teaches endoscopic surgery using rigid or flexible endoscope ([0063] and [0068]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify endoscope as taught by Sasaki to incorporate teaching of Shelton, since using rigid or flexible endoscope was well known in the art as taught by Shelton. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using rigid endoscope, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide appropriate endoscopes for the procedures ([0068]), and there was reasonable expectation of success.
Claims 7, 9-10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki, Fronk, and Petrinec as applied to claim 1 above, and further in view of “Yao et al.,” US 2015/0320391 (hereinafter Yao).
Regarding to claims 7 and 9-10, Sasaki, Fronk, and Petrinec together teach all limitations of claim 1 as set forth above.
Sasaki and Fronk further teaches generate an extension line extending from a distal end of the puncture needle, as the support information, on the basis of the distal end coordinates of the puncture needle puncture (guideline on the basis of the affected area position and the position of the puncture groove [0051], amount of x in the X direction is amount of deviation, length between the needle tip position and the body surface puncture position in XY plane [0054]-[0055]), but does not further disclose following limitations:
wherein the processor is configured to: generate a cross section guide that displays a position of an ultrasound cross section, as the support information, on the basis of the distal end coordinates of the ultrasound probe and
make a display aspect of the extension line different, between a case where the extension line is on a front side of at least any one of the cross section guide, the ultrasound probe, or a cross section of the ultrasound image, and a case where the extension line overlaps or is on a back side of at least any one of the cross section guide, the ultrasound probe, or the cross section of the ultrasound image.
However, in the analogous field of endeavor in needle guidance using ultrasound imaging system, Yao teaches
generate a cross section guide that displays a position of an ultrasound cross section, as the support information, on the basis of the distal end coordinates of the ultrasound probe (position and orientation of the ultrasonic probe and needle obtained by the image generation unit and projects position of the needle on the scanning plane to generate image data for displaying the puncture guideline [0081]); and
make a display aspect of the extension line different, between a case where the extension line is on a front side of at least any one of the cross section guide, the ultrasound probe, or a cross section of the ultrasound image, and a case where the extension line overlaps or is on a back side of at least any one of the cross section guide, the ultrasound probe, or the cross section of the ultrasound image (Figures 14A-B show puncture guide line of the needle, puncture guideline is superimposed on the scanning range of the ultrasonic image, so that puncture guideline in front of scanning plane is indicated by a solid line while the puncture guideline at the back is indicated by a dashed line [0081] and [0016]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify puncture needle guide line as taught by Sasaki to incorporate teaching of Yao, since visually differentiating needle puncture line in front and back of the scanning plane of ultrasound image was well known in the art as taught by Yao. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using different visual line for needle position with respect to the scanning plane of ultrasound image, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to visually indicate a guideline position in front or back of the scanning plane ([0081]), and there was reasonable expectation of success.
Regarding to claim 13, Sasaki, Fronk, Petrinec, and Yao together teach all limitations of claim 10 as set forth above.
Yao further teaches wherein the first image is a camera image acquired by a camera that is installed outside a body and is the imaging apparatus (Camera 104 Figure 2 [0023]-[0024]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sasaki, Fronk, Petrinec, and Yao as applied to claim 10 above, and further in view of “Yao et al.,” US 2015/0320391 (hereinafter Yao).
Regarding to claim 12, Sasaki, Fronk, Petrinec, and Yao together teach all limitations of claim 10 as set forth above.
Sasaki, Fronk, Petrinec, and Yao do not teach that the endoscope is a rigid endoscope.
However, in the analogous field of endeavor in medical navigation apparatus, Shelton teaches endoscopic surgery using rigid or flexible endoscope ([0063] and [0068]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify endoscope as taught by Sasaki to incorporate teaching of Shelton, since using rigid or flexible endoscope was well known in the art as taught by Shelton. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using rigid endoscope, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide appropriate endoscopes for the procedures ([0068]), and there was reasonable expectation of success.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Sasaki, Fronk, and Petrinec as applied to claim 1 above, and further in view of “Boctor et al.,” US 2013/0218024 (hereinafter Boctor).
Regarding to claim 15, Sasaki, Fronk, and Petrinec together teach all limitations of claim 1 as set forth above.
Sasaki further teaches wherein the processor is configured to:
generate an extension line extending from a distal end of the puncture needle, as the support information, on the basis of the distal end coordinates of the puncture needle (puncture guideline on the basis of the affected area position and the position of the puncture groove [0051], amount of x in the X direction is amount of deviation, length between the needle tip position and the body surface puncture position in XY plane [0054]-[0055]);
generate a puncture point that is a target insertion position of the puncture needle, as
the support information, on the basis of the coordinates of the target region (puncture guideline on the basis of the affected area position and the position of the puncture groove [0051], amount of x in the X direction is amount of deviation, length between the needle tip position and the body surface puncture position in XY plane [0054]-[0055]).; and
Sasaki does not further teach generate a distance from the distal end of the puncture needle to the target region, as the support information in a case where the extension line overlaps the puncture point.
However, in the analogous field of endeavor in guiding puncture needle using ultrasound and camera imaging system, Boctor teaches displaying guiding information of the needle includes distance from the needle to the target location ([0187]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify puncture needle guideline as taught by Sasaki to incorporate teaching of Boctor, since providing distance information from the needle to the target was well known in the art as taught by Boctor. One of ordinary skill in the art could have combined the elements as claimed by Sasaki with no change in their respective functions, using its positional information of the needle with respect to the target, determine a distance between two points, and the combination would have yielded nothing more than predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. The motivation would have been to provide and allow correct orientation towards the target ([0187]), and there was reasonable expectation of success.
Conclusion
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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/PATRICIA J PARK/Primary Examiner, Art Unit 3798
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