DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
2. This communication is in response to the communication filed 2/11/2025. Claim 1 is cancelled. Claims 2-24 are new. Claims 2-24 are currently pending.
Claim Rejections - 35 USC § 103
3. 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.
3.1. Claims 2-11, 13, 17-19, and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Tristan et al. (NPL: “Clinical Accuracy of Holographic Navigation Using Point-Based Registration on Augmented-Reality Glasses”; hereinafter Tristan).
CLAIM 2
Tristan teaches a method for registering a virtual representation of a patient anatomy with a coordinate system of a physical patient anatomy (Tristan: abstract), comprising:
displaying first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto the physical patient anatomy a first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy (Tristan: pgs. 589-591 Holograms are superimposed on the patient’s body.; FIGS. 1A-4);
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap between the virtual representation and the physical patient anatomy (Tristan: pgs. 589-591; FIGS. 1A-4); and
displaying second overlap data in the head-mounted device, wherein the second overlap data describes from a second perspective onto the physical patient anatomy a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy (Tristan: pgs. 589-591 The hologram overlaps with the patient (i.e., first overlap) to the perspective of the user (i.e., second overlap).; FIGS. 1A-4).
Tristan does not appear to explicitly teach an overlap having at least a minimum degree of alignment per se. However, Applicant teaches a minimum degree of alignment to be “a correct alignment for the user and/or the system automatically identifying said features, between the virtual representation and the physical patient anatomy.” Moreover, it is implicit that the fiducial matching in Tristan is correct when the skin fiducial markers on the patient are aligned with the corresponding fiducial markers on the hologram. It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Tristan to include overlaps having at least a minimum degree of alignment with the motivation of providing an accurate visual representation.
CLAIM 3
Tristan teaches the method of claim 2 further comprising determining that the identified first area in the first visual overlap and/or anatomical feature of the patient anatomy, has a correct alignment (Tristan: pgs. 589-591 Applicant teaches a minimum degree of alignment to be a correct alignment for the user and/or the system automatically identifying said features, between the virtual representation and the physical patient anatomy. Moreover, it is implicit that the fiducial matching in Tristan is correct when the skin fiducial markers on the patient are aligned with the corresponding fiducial markers on the hologram; FIGS. 1A-4).
CLAIM 4
Tristan teaches the method of claim 3 wherein the determining the correct alignment includes the minimum degree of alignment between the virtual representation and the physical patient anatomy (Tristan: pgs. 589-591 Applicant teaches a minimum degree of alignment to be a correct alignment for the user and/or the system automatically identifying said features, between the virtual representation and the physical patient anatomy. Moreover, it is implicit that the fiducial matching in Tristan is correct when the skin fiducial markers on the patient are aligned with the corresponding fiducial markers on the hologram; FIGS. 1A-4).
CLAIM 5
Tristan teaches the method of claim 4 wherein the minimum degree of alignment are made visible as virtual information (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 6
Tristan teaches the method of claim 5 wherein the real and virtual information when performing the displaying include the real and virtual areas/features identified from the first perspective are both displayed when viewing from the second perspective (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 7
Tristan teaches the method according to claim 2, wherein the first area and/or anatomical feature of the first overlap data and second overlap data is used for registering the virtual presentation of the patient anatomy with a coordinate system of the physical patient anatomy (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 8
Tristan teaches the method according to claim 2, wherein the alignment of first visual overlap constrains an alignment of the second visual overlap (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 9
Tristan teaches the method according to claim 2, the method further comprising: receiving a user input signal describing a movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by a user of the head-mounted device in the second perspective; calculating a change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy caused by the movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by the user in the second perspective, and using the calculated change of the degree of alignment of the identified first area and/or of the first anatomical feature of the patient anatomy for the displaying of the second overlap data (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 10
Tristan teaches the method according to claim 2, further comprising: calculating the second overlap data, and minimizing, during the calculation of the second overlap data, the change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 11
Tristan teaches the method according to claim 10 wherein the change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy is caused by a movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by the user of the head- mounted device in the second perspective (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 13
Tristan teaches the method according to claim 2, wherein the identified first area and/or the identified first anatomical feature of the patient anatomy are kept static during a realignment of the virtual representation of the patient anatomy and the physical patient anatomy by the user from the second perspective (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 17
Tristan teaches the method according to claim 2, further comprising automatically detecting that the user has moved from the first perspective into the second perspective (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 18
Tristan teaches the method according to claim 17, wherein the automatic detection is carried out by tracking the head-mounted device relative to its surrounding (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIM 19
Tristan teaches the method according to claim 2, further comprising: providing sensor image data of at least one sensor within the head-mounted device, wherein the sensor image data depict from the first perspective the first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy; wherein the identification of the first area and/or the first anatomical feature of the patient anatomy having the at least minimum degree of alignment between the virtual representation and the physical patient anatomy comprises: comparing the provided sensor image data with the virtual representation of the patient anatomy identifying the first area and/or the first anatomical feature of the patient anatomy having the at least the minimum degree of alignment between the virtual representation and the physical patient anatomy (Tristan: pgs. 589-591; FIGS. 1A-4).
CLAIMS 22-24
Claims 22-24 repeat substantially the same limitations as those in claim 2. As such, claims 22-24 are rejected for substantially the same reasons given for claim 2 and are incorporated herein.
Double Patenting
4. 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).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
4.1. Claims 2-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-11, 15-20, 23, 26-27, and 29-31 of U.S. Patent No. 12,266,443. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 12-24 of instant pending patent application 19/050,592 correspond to limitations recited in claims 1, 6-11, 15-20, 23, 26-27, and 29-31 of U.S. Patent 11,404,164. Any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (19/050592)
US PATENT 12,266,443
CLAIM 2
A method for registering a virtual representation of a patient anatomy with a coordinate system of a physical patient anatomy, comprising:
displaying first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto the physical patient anatomy a first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy;
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy; and
displaying second overlap data in the head-mounted device, wherein the second overlap data describes from a second perspective onto the physical patient anatomy a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy.
CLAIM 1
A method for registering a virtual representation of a patient anatomy with a coordinate system of a physical patient anatomy, comprising:
displaying first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto the physical patient anatomy a first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy,
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy,
displaying second overlap data in the head-mounted device, wherein the second overlap data describe from a second perspective onto the physical patient anatomy a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy, and
taking into account, during the displaying of the second overlap data, the alignment of the identified first area and/or anatomical feature of the patient anatomy that was identified in the first visual overlap as having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy.
CLAIM 3
The method of claim 2 further comprising determining that the identified first area in the first visual overlap and/or anatomical feature of the patient anatomy, has a correct alignment.
CLAIM 1
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy
CLAIM 4:
The method of claim 3 wherein the determining the correct alignment includes the minimum degree of alignment between the virtual representation and the physical patient anatomy.
CLAIM 1
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy
CLAIM 5
The method of claim 4 wherein the minimum degree of alignment are made visible as virtual information.
CLAIM 1
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy
taking into account, during the displaying of the second overlap data, the alignment of the identified first area and/or anatomical feature of
the patient anatomy that was identified in the first visual overlap as having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy.
CLAIM 6
The method of claim 5 wherein the real and virtual information when performing the displaying include the real and virtual areas/features identified from the first perspective are both displayed when viewing from the second perspective.
CLAIM 26
Method according to claim 1, further comprising:
recording, from the first perspective, an image and/or video of the displayed first overlap data, and
displaying the recorded image and/or video in the head-mounted device while the user is in the second perspective and while the second overlap data are displayed to the user in the head-mounted device.
CLAIM 7
The method according to claim 2, wherein the first area and/or anatomical feature of the first overlap data and second overlap data is used for registering the virtual presentation of the patient anatomy with a coordinate system of the physical patient anatomy.
CLAIM 20
Method according to claim 1, further comprising: changing coordinates of the virtual representation of the patient anatomy within the coordinate system of the physical patient anatomy by moving the displayed virtual representation relative to the physical patient anatomy by a user of the head-mounted device.
CLAIM 8
The method according to claim 2, wherein the alignment of first visual overlap constrains an alignment of the second visual overlap.
CLAIM 6
Method according to claim 1, wherein the alignment of the identified first area and/or anatomical feature of the patient anatomy that
was identified in the first visual overlap constrains an alignment of the identified first area and/or anatomical feature of the patient anatomy in the second visual overlap.
CLAIM 9
The method according to claim 2, the method further comprising:
receiving a user input signal describing a movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by a user of the head-mounted device in the second perspective;
calculating a change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy caused by the movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by the user in the second perspective, and
using the calculated change of the degree of alignment of the identified first area and/or of the first anatomical feature of the patient anatomy for the displaying of the second overlap data.
CLAIM 7
Method according to claim 1, the method further comprising:
receiving a user input signal describing a movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by a user of the head-mounted device in the second perspective,
calculating a change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy caused by the movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by the user in the second perspective, and
using the calculated change of the degree of alignment of the identified first area and/or of the first anatomical feature of the patient anatomy for the displaying of the second overlap data.
CLAIM 10
The method according to claim 2, further comprising:
calculating the second overlap data, and minimizing, during the calculation of the second overlap data, the change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy.
CLAIM 8
Method according to claim 1, further comprising:
calculating the second overlap data, and minimizing, during the calculation of the second overlap data, the change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy.
CLAIM 11
The method according to claim 10 wherein the change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy is caused by a movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by the user of the head-mounted device in the second perspective.
CLAIM 9
Method according to claim 8, wherein the change of the degree of the alignment of the identified first area and/or of the first anatomical feature of the patient anatomy is caused by a movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by the user of the head-mounted device in the second perspective.
CLAIM 12
The method according to claim 2, further comprising:
generating a control signal for the head-mounted device, wherein the control signal is configured for ensuring that the second visual overlap is only displayed to the user in the second perspective in case the alignment between the virtual representation and the physical patient anatomy of the identified first area and/or identified first anatomical feature does not change more than a pre-defined threshold value.
CLAIM 10
Method according to claim 1, further comprising:
generating a control signal for the head-mounted device, wherein the control signal is configured for ensuring that the second visual overlap is only displayed to the user in the second perspective in case the alignment between the virtual representation and the physical patient anatomy of the identified first area and/or identified first anatomical feature does not change more than a pre-defined threshold value.
CLAIM 13
The method according to claim 2, wherein the identified first area and/or the identified first anatomical feature of the patient anatomy are kept static during a realignment of the virtual representation of the patient anatomy and the physical patient anatomy by the user from the second perspective.
CLAIM 11
Method according to claim 1, wherein the identified first area and/or the identified first anatomical feature of the patient anatomy are kept static during a realignment of the virtual representation of the patient anatomy and the physical patient anatomy by the user from the second perspective.
CLAIM 14
The method according to claim 2, further comprising:
determining a constraint of a movability of the virtual representation of the patient anatomy relative to the physical patient anatomy based on the identified first area and/or of the identified first anatomical feature of the patient anatomy,
using the determined constraint for generating a control signal for the head-mounted device, and
restricting the movability of the virtual representation of the patient anatomy displayed to the user in the head-mounted device based on the determined constraint.
CLAIM 15
Method according to claim 1, further comprising:
determining a constraint of a movability of the virtual representation of the patient anatomy relative to the physical patient anatomy based on the identified first area and/or of the identified first anatomical feature of the patient anatomy,
using the determined constraint for generating a control signal for the head-mounted device, and
restricting the movability of the virtual representation of the patient anatomy displayed to the user in the head-mounted device based on the determined constraint.
CLAIM 15
The method according to claim 14, wherein the constraint is a fixed point and/or a fixed axis.
CLAIM 16
Method according to claim 15, wherein the constraint is a fixed point and/or a fixed axis.
CLAIM 16
The method according to claim 2, wherein identifying the first area and/or the first anatomical feature of the patient anatomy having the at least minimum degree of alignment between the virtual representation and the physical patient anatomy comprises:
detecting a visual overlap of at least one corresponding edge of the virtual representation and of the physical patient anatomy, detecting a visual overlap of at least one corresponding contour of the virtual representation and of the physical patient anatomy, and/or detecting a visual overlap of at least one corresponding visual gradient of the virtual representation and of the physical patient anatomy.
CLAIM 17
Method according to claim 1, wherein identifying the first area and/or the first anatomical feature of the patient anatomy having the at least minimum degree of alignment between the virtual representation and the physical patient anatomy comprises:
Detecting a visual overlap of at least one corresponding edge of the virtual representation and of the physical patient anatomy, detecting a visual overlap of at least one corresponding contour of the virtual representation and of the physical patient anatomy, and/or detecting a visual overlap of at least one corresponding visual gradient of the virtual representation and of the physical patient anatomy.
CLAIM 17
The method according to claim 2, further comprising automatically detecting that the user has moved from the first perspective into the second perspective.
CLAIM 18
Method according to claim 1, further comprising: automatically detecting that the user has moved from the first perspective into the second perspective.
CLAIM 18
The method according to claim 17, wherein the automatic detection is carried out by tracking the head-mounted device relative to its surrounding.
CLAIM 19
Method according to claim 18, wherein the automatic detection is carried out by tracking, preferably optically tracking, the head-mounted device relative to its surrounding.
CLAIM 19
The method according to claim 2, further comprising:
providing sensor image data of at least one sensor within the head-mounted device, wherein the sensor image data depict from the first perspective the first visual overlap between the virtual representation of the patient anatomy
and the physical patient anatomy;
wherein the identification of the first area and/or the first anatomical feature of the patient anatomy having the at least minimum degree of alignment between the virtual representation and the physical patient anatomy comprises:
comparing the provided sensor image data with the virtual representation of the patient anatomy identifying the first area and/or the first anatomical feature of the patient anatomy having the at least the minimum degree of alignment between the virtual representation and the physical patient anatomy.
CLAIM 27
Method according to claim 1, further comprising:
providing sensor image data of at least one sensor within the head-mounted device, wherein the sensor image data depict from the first perspective the first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy,
wherein the identification of the first area and/or the first anatomical feature of the patient anatomy having the at least minimum degree of alignment between the virtual representation and the physical patient anatomy comprises:
comparing the provided sensor image data with the virtual representation of the patient anatomy thereby automatically identifying the first area and/or the first anatomical feature of the patient anatomy having the at least minimum degree of alignment between the virtual representation and the physical patient anatomy.
CLAIM 20
A method for registering a virtual representation of a patient anatomy with a coordinate system of a physical patient anatomy, comprising:
displaying first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto the physical patient anatomy a first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy;
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy; and
displaying second overlap data in the head-mounted device, wherein the second overlap data describes from a second perspective onto the physical patient anatomy
a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy;
defining that the identified alignment of the first area/anatomical feature is taken into account during the displaying of the second overlap data.
CLAIM 1
A method for registering a virtual representation of a patient anatomy with a coordinate system of a physical patient anatomy, comprising:
displaying first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto the physical patient anatomy a first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy,
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy,
displaying second overlap data in the head-mounted device, wherein the second overlap data describe from a second perspective onto the physical patient anatomy
a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy, and
taking into account, during the displaying of the second overlap data, the alignment of the identified first area and/or anatomical feature of the patient anatomy that was identified in the first visual overlap as having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy.
CLAIM 21
The method of claim 20 wherein the defining includes calculating an optimized movement of the virtual representation of the patient anatomy relative to the physical patient anatomy.
CLAIM 23
Method according to claim 1, further comprising:
receiving a user input signal describing a movement of the virtual representation of the patient anatomy relative to the physical patient anatomy initiated by a user of the head-mounted device in the second perspective,
identifying at least a second area in the second visual overlap and/or at least a second anatomical feature of the patient anatomy in the second visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy,
carrying out a numerical optimization, which calculates an optimized movement of the virtual representation of the patient anatomy relative to the physical patient anatomy, and
wherein the optimized movement minimizes a change of the degree of alignment of the first area and/or of the first feature from the first perspective while maintaining or maximizing the degree of alignment of the second area and/or of the second feature from the second perspective between the virtual representation of the patient anatomy and the physical patient anatomy.
CLAIM 22
A non-transient computer readable medium which, when running on a computer or when loaded onto a computer, causes the computer to perform the steps comprising:
displaying first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto the physical patient anatomy a first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy;
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy; and
displaying second overlap data in the head-mounted device, wherein the second overlap data describes from a second perspective onto the physical patient anatomy a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy.
CLAIM 29
A non-transient computer readable medium which, when running on a computer or when loaded onto a computer, causes the computer to perform the method steps comprising:
displaying first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto a physical patient anatomy a first visual overlap between a virtual representation of the patient anatomy and the physical patient anatomy;
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy;
displaying second overlap data in the head-mounted device, wherein the second overlap data describe from a second perspective onto the physical patient anatomy a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy; and
taking into account, during the displaying of the second overlap data, the alignment of the identified first area and/or anatomical feature of the patient anatomy that was identified in the first visual overlap as having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy.
CLAIM 23
A medical system for registering a virtual representation of a patient anatomy with a coordinate system of a physical patient anatomy, the medical system comprising a calculation unit, wherein the calculation unit is configured for:
displaying first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto the physical patient anatomy a first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy;
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy; and
displaying second overlap data in the head-mounted device, wherein the second overlap data describes from a second perspective onto the physical patient anatomy a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy.
CLAIM 30
A medical system for registering a virtual representation of a patient anatomy with a coordinate system of a physical patient anatomy, the medical system comprising a calculation unit, wherein the calculation unit is configured for causing a
displaying of first overlap data in a head-mounted device, wherein the first overlap data describe from a first perspective onto the physical patient anatomy a first visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy,
identifying at least a first area in the first visual overlap and/or at least a first anatomical feature of the patient anatomy in the first visual overlap having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy, and
displaying second overlap data in the head-mounted device, wherein the second overlap data describe from a second perspective onto the physical patient anatomy a second visual overlap between the virtual representation of the patient anatomy and the physical patient anatomy, and
taking into account, during the displaying of the second overlap data, the alignment of the identified first area and/or anatomical feature of the patient anatomy that was identified in the first visual overlap as having at least a minimum degree of alignment between the virtual representation and the physical patient anatomy.
CLAIM 24
The medical system according to claim 23, further comprising a head-mounted device for displaying the first and second overlap data to the user.
CLAIM 31
Medical system according to claim 30, further comprising a head-mounted device for displaying the first and second overlap data to the user.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter H Choi can be reached at (469) 295-9171. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681