`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`14/387, 146
`
`
`
`
` FILING DATE
`
`09/22/2014
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Tomoaki Takemura
`
`2014-1256A
`
`9319
`
`WENDEROTH, LIND & PONACK LLP. ec
`WE ACKL.PoERAMINERTl
`
`
`1030 15th Street, N.W.
`KALAPODAS, DRAMOS
`Suite 400 East
`Washington, DC 20005-1503
`
`PAPER NUMBER
`
`2487
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/19/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`ddalecki @ wenderoth.com
`eoa@ wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Status
`1)X] Responsive to communication(s)filed on 09/22/2014.
`LJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__
`2a)L] This action is FINAL.
`2b) This action is non-final.
`3)L] Anelection was made bythe applicant in responsetoarestriction requirementset forth during the interview on
`
`
`; the restriction requirement and election have been incorporatedinto this action.
`4)[] Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)KX] Claim(s) 1-5 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-5 is/are rejected.
`8)L] Claim(s)____is/are objectedto.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`or send an inquiry to PPHieedback@uspto.qoy.
`
`Application Papers
`10)L] The specification is objected to by the Examiner.
`11)K] The drawing(s)filed on 9/22/2014 is/are: a)[X] accepted or b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)X] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)X] All
`)[_] Some** c)] None ofthe:
`1.x] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Applicant(s)
`Application No.
` 14/387,146 TAKEMURAETAL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`DRAMOS|. KALAPODAS Na 2487
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply betimely filed
`
`Attachment(s)
`3) CT] Interview Summary (PTO-413)
`1) X Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`:
`.
`4 Ol Other:
`2) X Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date x.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20161014
`
`

`

`Application/Control Number: 14/387,146
`Art Unit: 2487
`
`Page 2
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`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application is being examined underthe pre-AlA first to invent
`
`provisions.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statements (IDS) were submitted on 09/22/2014. The
`
`submissions are in compliance with the provisions of 37 CFR § 1.97. Accordingly, the
`
`information disclosure statements are being considered by the examiner.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that
`
`form the basis for the rejections underthis section madein this Office action:
`
`(a) the invention was knownor used byothers in this country, or patented or described in a
`printed publication in this or a foreign country, before the invention thereof by the applicant for
`a patent.
`
`4.
`
`Claims 1-3 and 5 are rejected under pre-AlA 35 U.S.C. 102(a) as being
`
`anticipated byIto et al., (hereinafter Ito) (US 8,102,416).
`
`Re Claim 1. (Original ite discloses, 4 surgery assisiance device configured to
`
`display a simulation image during surgery performed by inserting an endoscope into the
`
`interior of a surgical instrument, the surgery assistance device fan endescope
`
`equipped with camera for displaying surgery information, Abstract and Fig. 2)
`
`comprising:
`
`

`

`Application/Control Number: 14/387,146
`Art Unit: 2487
`
`Page 3
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`8 lomographic image information acquisition section configured to acquire
`
`tomographic image information (a tomographic imaging apparatus, CT Seanner 20
`
`in Fig. 2, ColS Lin.4-26
`
`|
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`
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`Ss Fig. 2 © Hak
`
`a memory that is corinected to the tomographic image information acquisition
`
`section and configured io store voxel information related to the tomographic image
`
`information (a storage memory unll stering 3D Le., voxel information, ¢.¢., unlit 13
`
`in Fig. 2, Col_8 Lin.4-26};
`
`a volume rendering computer that is connected to the memory fa volume
`
`rendering of a target 8G, Col 9 Lin.2-11} and configured to sample voxel information
`
`in. a direction perpendicular to the sighi line on the basis of the voxel information
`
`

`

`Application/Control Number: 14/387,146
`Art Unit: 2487
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`Page 4
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`isampling voxel information in a perpendicular direction to the line of sight,
`
`Coli Lin.33-47 and Figs. 144, 148
`
`FIG.1T44
`Posff[sxe
`
`5
`
`
`
`re
`y
`
`FIG.148
`VEGTORY
`at oo B
`
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`4
`
`A
`
`Figs. 144, 14B © ite} and
`
`4 digolay controler Ghe display centrolier 10 and image contral unit 11 in
`
`Figs. 2, 22, 27} conliqured to set a first display area acquired by the endoscape and
`
`produced by ihe volume rendering computer, and a secand display area in which
`
`display is restricted by the surgical instrument during aciual surgery, and display the first
`
`and the second display areas on a display section (a display unit 6 in Fig. 2,
`
`displaying beth images, first from sensor 19 as a VES image and secend from the
`
`graphical operations guide image per Col.6 Lin. 42-85 and in Fig. SB, Cal.? Lin.24-
`
`S52 or Figs.3 and Fig.4 below
`
`

`

`Application/Control Number: 14/387,146
`Art Unit: 2487
`
`Page 5
`
`COOOLEONEEPOLPEDEDELEDEPED
`
`PPLE
`
`|
`3
`.
`cnsnniennnen
`onccnseinnranneyueninnnmmsninn snientnbinceene
`3
`anansansasatensinsintisinsinnssinssinsislsasiansesaneenadasisaloRSSSSSSSSSSSNn
`
`ig o &
`
`He} ‘
`
`Re Claim 2. (Original) He discloses, the surgery assistance device accorcing to
`
`Claim 4,
`
`further comprising a dissiay section confiqured to display the first and second
`
`disolay areas (Figs. 3, 4, 24 and Colé Lin. 42-85},
`
`Re Claim 3. (Original) He discloses, the surgery assistance device accorcling to
`
`Claim 2,
`
`wherein the display controller detects and displays, as an insertion limit position, the position on
`
`the simulation image where the surgical instrument comes into contact with ine boundary of the
`
`surgical site in a state in which the surgical instrument has been inserted into the bacly(the
`
`

`

`Application/Control Number: 14/387,146
`Art Unit: 2487
`
`Page 6
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`display unit 6 in Figs. 2, 22 or 27 disniay in different window areas both images, first from
`
`video sensor 19 as a VBS image and second from the graphical operations quide image
`
`representing the CT images in Fig. §8, Cal? Lin.24-52 or Figs.d, 4 display real image
`
`areas 6F and VES image 6D Col.8 Lin.42-54)}.
`
`Re Claim 5. (Original) He discloses, a surgery assistance program configured to
`
`display a simulation image during surgery performed by inserting an encloscope inte the
`
`interior of a surgical instrument, wherein the surgery assistance orogram is used by @
`
`computer to execute a surgery assistance method comprising:
`
`an acquisition sieo configured to acquire tomoaraphic image informatian
`
`facquiring and storing in unit 13 the CT scanned images, Figs. 2, 22, or 27 and
`
`CoLS Lin.4-26}.
`
`a volume rendering step configured to sample voxel information (rendering the
`
`volume of the target, 9G, Col. 9 Lin.2-11) in a direction perpencicular to the sight line
`
`on the basis of voxel infarmation related to the tomographic image information
`
`{sampling voxel information in & perpendicular direction to the line of sight,
`
`ColLiO Lin.g3-47 and Figs. 144, 148): and
`
`a display step configured to set a first display area acquired by the endoscone
`
`and produced in ihe volume rerkiering sep, and a second display area in which display
`
`is restricted by the surgical instrument during actual surgery, and display the first and
`
`the second display areas on a disnlay section (a display unit 6 displaying as a VBS
`
`imaging, in Figs. 2, 22 or 27, displaying both images, first fram video sensor 19
`
`and a second from the graphical operations guide image in Fig. 5B, Cal.7 Lin 24-
`
`52 or Figs.3 and Fig.4 where the display unit 6 displays in different window areas
`
`

`

`Application/Control Number: 14/387,146
`Art Unit: 2487
`
`Page 7
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`both images, first from video sensor 19 as a VBS image and second from the
`
`graphical operations quide image representing the CT images in Col.6 Lin. 42-88,
`
`or Fig. 5B, Col? Lin.24-52 or Figs.3, 4 display real image areas SF and VBS image
`
`6D Col.6 Lin.42-51).
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousnessrejections setforth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as setforth in
`section 102 of this title, if the differences between the subject matter sought to be patented andthe prior art are
`such that the subject matter as a whole would have been obviousat the time the invention was made to a
`person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived
`by the manner in which the invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under 35 U.S.C. 103 are summarizedas follows:
`
`1. Determining the scope and contentsof the prior art.
`2. Ascertaining the differences betweenthe prior art and the claims atissue.
`3. Resolving the level of ordinary skill in the pertinent art.
`4. Considering objective evidence presentin the application indicating
`obviousness or nonobviousness.
`
`6.
`
`Claim 4 is rejected under 35 U.S.C. 103(a) as being unpatentable overIto etal.,
`
`(hereinafter Ito) (US 8,102,416) in view of Terada (US 3,835,841).
`
`Re Claim 4. (Currently Amended) Hie discloses, the surgery assisiance device
`
`according to arm-erne-o-Ghaims Cigim 146-8,
`
`

`

`Application/Control Number: 14/387,146
`Art Unit: 2487
`
`Page 8
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`However He does nal expressly teach about, wherein the endoscope is an
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`oblique-viewing encoscope.
`
`The art to Terada teaches about obtaining such view, wherein the endoscope is
`
`an obllaue-viewing endoscope (Figs. 1,2 and Abstract, Col.1 Lin.4-6, }.
`
`The ordinary skilled in the art would have found obvious to cambine the art to He
`
`describing an endoscope capturing images al various angles (Abstract and Col. 6Lin. 16-
`
`2c} with the suggested oblique imaging in the art to Terada (Figs.7 and 2} where such
`
`modification is adopting topical endoscope designs extensively used among which the
`
`oblique type allowing for a skie view of the surgery instrumentalion and performing
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`similarly alone or in the combination suggested, with high degree of preciictability.
`
`Conclusion
`
`7.
`
`The prior art made of record and not relied upon, is considered pertinent to applicant's
`
`disclosure. See PTO-892 form.
`
`Applicant is required under 37 C.F.R. 1.111(c) to consider these references when responding
`
`to this action.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DRAMOS|. KALAPODASwhosetelephone numberis
`
`(571)272-4622. The examiner can normally be reached on 7:30 AM to 5:00 PM EST Monday-
`
`Friday.
`
`

`

`Application/Control Number: 14/387,146
`Art Unit: 2487
`
`Page 9
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`8.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, David Czekaj can be reached on 571-272-7327. The fax phone numberfor the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be
`
`obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you
`
`would like assistance from a USPTO Customer Service Representative or access to the
`
`automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/DRAMOS | KALAPODAS/
`
`Examiner, Art Unit 2487
`
`