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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-19, 21-22, and 24 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stolka et al. (US 2017/0116729; hereinafter Stolka).
Stolka shows a computer implemented system and method (abstract) comprising executing by a processor steps comprising: a) receiving optical information from a camera, the optical information comprising pose data for a tracker coupled in a fixed positional relationship with a patient anatomy, wherein each of the tracker and a three dimensional ("3D") medical image is registered to the patient anatomy ([0080]); b) determining a pose of the camera in relation to the patient anatomy using the pose data of the tracker and the registration of the tracker ([0080]); c) displaying one or more two dimensional ("2D") cross-sections of the 3D medical image, each of the one or more 2D cross-sections selected from the 3D medical image based on a camera coordinate frame, and the pose of the camera ([0080]).
Stolka also shows wherein each 2D cross-section of the one or more 2D cross- sections is selected to comprise a respective view of the 3D medical image corresponding to an orthogonal camera-based reference plane defined by the camera coordinate frame (Figs. 1 and 8); wherein the 3D medical image comprises a segmented image ([0034], [0058]); prior to step c):displaying the one or more 2D cross-sections based on an anatomical coordinate frame ([0058], [0066], [0078]); receiving user input to change a basis of the one or more 2D cross-sections to be based on the camera coordinate frame ([0066], [0110]); and performing step c) in response to receiving the user input ([0058], [0066], [0080], [0110]); wherein each 2D cross-section of the one or more 2D cross- sections based on the anatomical coordinate frame is selected to comprise a respective view of the 3D image based on a coronal plane, a sagittal plane, or a transverse plane of the patient anatomy (Figs. 1 and 8); where in the user input is received by way of a user interface of the camera ([0110]); following step c): d) receiving user input to change a basis of at least some of the 2D cross-sections to be based on an anatomical coordinate frame ([0058], [0066], [0080], [0110]); and e) updating the displaying of the at least some of the 2D cross-sections to be based on the anatomical coordinate frame in response to the user input ([0058], [0066], [0080], [0110]); wherein each of the one or more 2D cross-sections is further selected based on a distance measured from a location of the camera along an optical axis in a field of view, wherein the distance defines an origin for determining the one or more 2D cross-sections from the 3D medical image ([0078]); registering the tracker to the patient anatomy and registering the 3D medical image to the patient anatomy ([0080]); providing an interface to receive input selecting a camera coordinate frame basis or an anatomical coordinate frame basis for displaying the 2D cross-sections of the 3D medical image ([0058], [0110]); updating the displaying of the 2D cross-sections in response to an updated pose of the camera determined from updated pose data of the tracker ([0058], [0073], [0080]); wherein the camera comprises a hand-held camera ([0080]).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 20 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stolka et al. (US 2017/0116729; hereinafter Stolka) in view of Mihailescu et al. (US 2016/0242744; hereinafter Mihailescu).
Stolka shows the invention substantially as described in the 102 rejection above.
Stolka fails to show a projector coupled with the camera, the projector configured to project a visible pattern to visualize one or more camera reference planes on an outer surface of the patient anatomy.
Mihailescu discloses methods and systems for tracking and guiding medical instruments. Mihailescu teaches a projector coupled with the camera, the projector configured to project a visible pattern to visualize one or more camera reference planes on an outer surface of the patient anatomy ([0085]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Stolka to utilize a projected pattern as taught by Mihailescu, as this will improve the accuracy of the system by allowing for the viewpoint of the camera to be visualized on the surface of the patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Arata (US 2008/0004633) describes a surgical tracking camera system including tracking pose data ([0086], [0110]);
Agusanto (US 2007/0236514) describes a surgical tracking camera system including tracking pose data ([0039]);
Fichtinger (US 2016/0242855) describes a surgical tracking camera system including tracking pose data ([0039]-[0040]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN CWERN whose telephone number is (571)270-1560. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN CWERN/Primary Examiner, Art Unit 3797
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