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 .
Drawings
The drawings are objected to because they fail to label the element boxes in Figures 3 and 5-6. Without some indication as to the content of the boxes (or preferably symbols of the actual elements) it is not clear as to what the elements are and they are not explanatory to a reader as a quick method of determining the general background of the invention. See MPEP 608.02 and 37 CFR 1.84 (o) -- Legends --
Suitable descriptive legends may be used, or may be required by the Examiner, where necessary for understanding of the drawing, subject to approval by the Office. They should contain as few words as possible.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
PNG
media_image1.png
607
450
media_image1.png
Greyscale
Claims 8-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hendriks et al. (US 2010/0331782 A1).
PNG
media_image2.png
762
253
media_image2.png
Greyscale
With respect to claim 8, Hendriks discloses a method for determining positioning information for an invasive medical instrument, the method being computer-implemented and comprising: receiving a tomographic image by a computer unit; detecting at least one instrument in the tomographic image (see Figure 2 showing the processing/computing unit #620 to process the image of tomographic imaging device #500 for producing an image as a guide/detection of a location of a needle as the claimed instrument discussed in paragraph 0036); determining a spatial position of the at least one instrument in the tomographic image; receiving an X-ray image data set comprising the spatial position of the at least one instrument (see paragraphs 0036-0038, 0045-0046), which is based on at least two X-ray images that were produced with X-radiation with a different energy spectrum in each case (see paragraph 0047-0049); determining at least one parameter value from the X-ray image data set for the spatial position of the at least one instrument (paragraphs 0036 and 0048 calculating distance between needle and the target), wherein the at least one parameter value depends on different absorption properties (see paragraphs 0061-0064 and 0070-0071) of the at least one instrument or of an X-ray marker area of the at least one instrument for X-radiation with different energy spectra (see paragraphs 0047-0049); determining positioning information assigned to the respective parameter value (paragraphs 0035-0036); and outputting the positioning information or information derived from the positioning information via an output device (see monitor #610 to display all data including needle position as seen on Figures 4A-C).
With respect to claims 9 and 14, Hendriks discloses determining the positioning information comprises obtaining the positioning information from a database, and wherein the positioning information is related to the spatial position of a respective X- ray marker area on the at least one instrument (paragraphs 0035-0046).
With respect to claims 10 and 15, Hendriks discloses determining the at least one parameter value comprises determining at least two parameter values for different points on the spatial position of the at least one instrument (paragraphs 0035-0046 providing the needle with respect to a tumor or a tissue), wherein the at least two parameter values depend on the different absorption properties (see paragraphs 0061-0064 and 0070-0071) of a respective X-ray marker area of the at least one instrument for X-radiation with different energy spectra (see paragraphs 0047-0049), wherein determining the positioning information comprises determining the positioning information using the at least two parameter values, and wherein the positioning information is related to the spatial position of the respective X-ray marker areas of the at least one instrument with regard to each other (paragraphs 0035-0046).
With respect to claims 11 and 16, Hendriks discloses determining, in addition to the parameter value or values of the at least one instrument or of the respective X-ray marker areas of the at least one instrument (paragraphs 0035-0046 providing the needle with respect to a tumor or a tissue), at least one parameter value for an X-ray marking, wherein the at least one parameter value depends on different absorption properties (see paragraphs 0061-0064 and 0070-0071) of the X-ray marking for X-radiation with different energy spectra (see paragraphs 0047-0049), and wherein identification information assigned to the parameter value is determined, which is related to identification of the at least one instrument (paragraphs 0035-0046).
With respect to claim 12, Hendriks discloses an X-ray device comprising (see X ray system #500 in Figure 2): a computer unit comprising a processor configured to determine positioning information for an invasive medical instrument, the determination of the positioning information for the invasive medical instrument comprising (see Figure 2 showing the processing/computing unit #620 to process the image of tomographic imaging device #500 for producing an image as a guide/detection of a location of a needle as the claimed instrument discussed in paragraph 0036): receipt of a tomographic image by a computer unit; detection of at least one instrument in the tomographic image; determination of a spatial position of the at least one instrument in the tomographic image; receipt of an X-ray image data set comprising the spatial position of the at least one instrument (see paragraphs 0036-0038, 0045-0046), which is based on at least two X-ray images that were produced with X- radiation with a different energy spectrum in each case (see paragraph 0047-0049); determination of at least one parameter value from the X-ray image data set for the spatial position of the at least one instrument (paragraphs 0035-0039 and 0048 calculating distance between needle and the target), wherein the at least one parameter value depends on different absorption properties (see paragraphs 0061-0064 and 0070-0071) of the at least one instrument or of an X-ray marker area of the at least one instrument for X-radiation with different energy spectra (see paragraphs 0047-0049); determination of positioning information assigned to the respective parameter value; and output of the positioning information or information derived from the positioning information via an output device (see monitor #610 to display all data including needle position as seen on Figures 4A-C).
With respect to claim 13, Hendriks discloses in a non-transitory computer-readable storage medium that stores instructions executable by one or more processors to determine positioning information for an invasive medical instrument, the instructions comprising: receiving a tomographic image by a computer unit; detecting at least one instrument in the tomographic image; determining a spatial position of the at least one instrument in the tomographic image (see Figure 2 showing the processing/computing unit #620 to process the image of tomographic imaging device #500 for producing an image as a guide/detection of a location of a needle as the claimed instrument discussed in paragraph 0036); receiving an X-ray image data set comprising the spatial position of the at least one instrument (see paragraphs 0036-0038, 0045-0046), which is based on at least two X-ray images that were produced with X-radiation with a different energy spectrum in each case (see paragraph 0047-0049); determining at least one parameter value from the X-ray image data set for the spatial position of the at least one instrument (see paragraphs 0035-0039 and 0048 calculating distance between needle and the target), wherein the at least one parameter value depends on different absorption properties (see paragraphs 0061-0064 and 0070-0071) of the at least one instrument or of an X-ray marker area of the at least one instrument for X-radiation with different energy spectra (see paragraphs 0047-0049); determining positioning information assigned to the respective parameter value; and outputting the positioning information or information derived from the positioning information via an output device (see monitor #610 to display all data including needle position as seen on Figures 4A-C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art cited in the PTO 892 not relied upon discloses ultrasound means to track a needle during a surgery or imaging process.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIXOMARA VARGAS whose telephone number is (571)272-2252. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Raymond Keith can be reached at 571-270-1790. 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.
/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798
Prosecution Insights