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
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.
Claim(s) 55-59 and 62-74 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Panescu et al. (US 2014/0343416 A1, Nov. 20, 2014) (hereinafter “Panescu”).
Regarding claim 55: Panescu discloses a system comprising: one or more processors ([0027]); and a memory having computer readable instructions stored thereon, wherein the computer readable instructions ([0027]), when executed by the one or more processors, cause the system to: obtain preoperative image data of one or more anatomical passageways of a patient anatomy, wherein the preoperative image data includes an image of a target ([0024] - preoperative model/images including "image of target anatomy", [0046] - preoperative images, [0057] - preoperative CT model, [0062], [0082]); display the preoperative image data including the image of the target in a graphical user interface on a display system ([0024], [0051]); receive intraoperative image data from an external imaging system ([0024], [0053]-[0054], [0082]); identify a portion of the intraoperative image data corresponding to an instrument disposed in one or more of the one or more anatomical passageways of the patient anatomy ([0064], [0069], [0083]); identify a portion of the intraoperative image data corresponding to the target ([0064], [0069]-[0070], [0083]); and update the display of the preoperative image data including the target in the graphical user interface based on the intraoperative image data ([0051] - interoperative position data superimposed on preoperative data, [0057]-[0058], [0061], [0084]).
Regarding claim 56: Panescu discloses the system of claim 55, wherein updating the display is based on identifying the portion of the intraoperative image data corresponding to the instrument and identifying the portion of the intraoperative image data corresponding to the target ([0061]-[0070], [0083]).
Regarding claim 57: Panescu discloses the system of claim 55, wherein identifying the portion of the intraoperative image data corresponding to the instrument comprises identifying a portion of the intraoperative image data corresponding to a distal tip of the instrument ([0055], [0061], [0069]).
Regarding claim 58: Panescu discloses the system of claim 55, wherein the instrument comprises one or more fiducial features, and wherein identifying the portion of the intraoperative image data corresponding to the instrument comprises identifying the one or more fiducial features of the instrument ([0037]-[0038], [0055] - fiducial or other indicator at distal tip, [0064], [0068]).
Regarding claim 59: Panescu discloses the system of claim 55, wherein the computer readable instructions, when executed by the one or more processors, further cause the system to: register the intraoperative image data to the instrument, wherein updating the display of the preoperative image data including the target is based on the registering ([0086]-[0088]).
Regarding claim 62: Panescu discloses the system of claim 55, wherein updating the display of the preoperative image data including the target comprises updating a location of the target in the display of the preoperative image data based on the intraoperative image data ([0057]-[0058], [0083]-[0084]).
Regarding claim 63: Panescu discloses the system of claim 62, wherein updating the location of the target in the display of the preoperative image data comprises updating the location of the target in a virtual navigational image, wherein the virtual navigational image is from a perspective of a distal tip of the instrument ([0025], [0050] - "virtual in-situ images", fig. 2A).
Regarding claim 64: Panescu discloses the system of claim 62, wherein updating the location of the target in the display of the preoperative image data comprises updating the location of the target in a virtual visualization image generated at least in part from the preoperative image data ([0026]).
Regarding claim 65: Panescu discloses the system of claim 55, wherein the display of the preoperative image data comprises a display of a three-dimensional model of the one or more anatomical passageways of the patient anatomy and the target ([0018], [0022], [0024]).
Regarding claim 66: Panescu discloses the system of claim 55, wherein the external imaging system comprises a fluoroscopy imaging system or a cone-beam computed tomography imaging system ([0024], [0053]).
Regarding claim 67: Panescu discloses the system of claim 55, wherein the computer readable instructions, when executed by the one or more processors, further cause the system to: segment, from the intraoperative image data, the portion of the intraoperative image data corresponding to the target ([0063], [0069]).
Regarding claim 68: Panescu discloses the system of claim 55, wherein identifying the portion of the intraoperative image data corresponding to the instrument comprises segmenting, from the intraoperative image data, the portion of the intraoperative image data corresponding to the instrument ([0063]-[0064], [0067]).
Regarding claim 69: Panescu discloses a method comprising: obtaining preoperative image data of one or more anatomical passageways of a patient anatomy, wherein the preoperative image data includes an image of a target ([0024] - preoperative model/images including "image of target anatomy", [0046] - preoperative images, [0057] - preoperative CT model, [0062], [0082]); displaying the preoperative image data including the image of the target in a graphical user interface on a display system ([0024], [0051]); receiving intraoperative image data from an external imaging system ([0024], [0053]-[0054], [0082]); identifying a portion of the intraoperative image data corresponding to an instrument disposed in one or more of the one or more anatomical passageways of the patient anatomy ([0064], [0069], [0083]); identifying a portion of the intraoperative image data corresponding to the target ([0064], [0069]-[0070], [0083]); and updating the display of the preoperative image data including the target in the graphical user interface based on the intraoperative image data ([0051] - interoperative position data superimposed on preoperative data, [0057]-[0058], [0061], [0084]).
Regarding claim 70: Panescu discloses the method of claim 69, wherein updating the display is based on identifying the portion of the intraoperative image data corresponding to the instrument and identifying the portion of the intraoperative image data corresponding to the target ([0061]-[0070], [0083]).
Regarding claim 71: Panescu discloses the method of claim 69, wherein identifying the portion of the intraoperative image data corresponding to the instrument comprises identifying a portion of the intraoperative image data corresponding to a distal tip of the instrument ([0055], [0061], [0069]).
Regarding claim 72: Panescu discloses the method of claim 69, wherein the instrument comprises one or more fiducial features, and wherein identifying the portion of the intraoperative image data corresponding to the instrument comprises identifying the one or more fiducial features of the instrument ([0037]-[0038], [0055] - fiducial or other indicator at distal tip, [0064], [0068]).
Regarding claim 73: Panescu discloses the method of claim 69, further comprising: registering the intraoperative image data to the instrument, wherein updating the display of the preoperative image data including the target is based on the registering ([0086]-[0088]).
Regarding claim 74: Panescu the method of claim 69, wherein updating the display of the preoperative image data including the target comprises updating a location of the target in the display of the preoperative image data based on the intraoperative image data ([0057]-[0058], [0083]-[0084]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 60 and 61 is/are rejected under 35 U.S.C. 103 as being unpatentable over Panescu in view of Chopra et al. (US 2012/0289777 A1, Nov. 15, 2012) (hereinafter “Chopra”).
Regarding claim 60: Panescu discloses the system of claim 59. Panescu further incorporates by reference to Chopra as being one of several suitable approaches to provide accurate registration ([0052]). Chopra discloses a method of registration comprising translation which is based on the visible alignment of portions of the image data ([0056]).
It would have been prima facie obvious for one having ordinary skill in the art prior to the effective filing date of the claimed invention to perform the registration of Panescu using translation based on alignment between portions of the image data as taught by Chopra using the portion of the intraoperative image data corresponding to the instrument of Panescu in view of the incorporation by reference of Chopra and the explicit suggestion that Chopra discloses a suitable registration algorithm.
Regarding claim 6: Panescu discloses the system of claim 59. Panescu further incorporates by reference to Chopra as being one of several suitable approaches to provide accurate registration ([0052]). Chopra discloses a method of registration comprising translation and rotation, which is based on the visible alignment and orientation of portions of the image data ([0056]).
It would have been prima facie obvious for one having ordinary skill in the art prior to the effective filing date of the claimed invention to perform the registration of Panescu using translation and rotation based on alignment/orientation between portions of the image data as taught by Chopra using the portion of the intraoperative image data corresponding to the instrument of Panescu in view of the incorporation by reference of Chopra and the explicit suggestion that Chopra discloses a suitable registration algorithm.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLYN A PEHLKE whose telephone number is (571)270-3484. The examiner can normally be reached 9:00am - 5:00pm (Central Time), Monday - Friday.
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, Chris 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.
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.
/CAROLYN A PEHLKE/ Primary Examiner, Art Unit 3799
