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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 4th 2025 has been entered.
Response to Amendment
The amendment filed December 4th 2025has been entered. Claims 1-20 remain pending in the application. Applicant’s amendments to the claims have overcome the 35 USC 102(a)(1) rejections previously set forth in the final office action mailed September 4th 2025.
Claim Objections
Claims 1 and 20 objected to because of the following informalities: "head mound device". Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 20 recite the limitation "the at one marker" in lines 14-16 of claim 1 and lines 13-15 of claim 20. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-13, 15-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2017/0202633 A1) in view of Ben-Tzvi (US 2018/0081027 A1) and Foruntapour (US 2015/0145887 A1).
Regarding claim 1, Liu teaches a medical imaging system comprising:
a head mount display device through which a user can view a patient or an image of the patient; (paragraph [0057], figure 1)
a first tracking system configured to determine a position and orientation of a medical device; (paragraphs [0017], [0018], [0036], [0080], [0082])
a second tracking system configured to determine a position and orientation of the head mount display device; (paragraphs [0017], [0018], [0036], [0080], , [0082], [0087])
at least one marker whose position and orientation is detectable by the second tracking system and that has a known or determinable position and orientation relative to a frame of reference of the first tracking system, or whose position and orientation is detectable by the first tracking system and that has a known or determinable position and orientation relative to the head mount display device; (paragraphs [0080], [0082], [0087]-[0089]) and
processing circuitry configured to:
register the frame of reference of the first tracking system and a frame of reference of the head mount display device using the position and orientation of the at least one marker (paragraph [0080], [0099]); and
display at least one of:
a representation of the medical device using the head mount display device (paragraph [0057]), wherein the representation of the medical device is aligned relative to a view or image of the patient based on the registration; (paragraphs [0080], [0087]) and
a medical image and a representation of the medical device using the head mount display device, wherein the medical image and the representation of the medical device are aligned based on the registration (paragraph [0080], [0087]).
Liu describes determining the position of the wearable display device relative to the patient imaging and determining position and orientation of the patient imaging space relative to the display device.
Liu fails to teach determine at least one of a position and orientation of the at one marker relative to the frame of reference of first tracking system and determine the position and orientation of the at one marker relative to a frame of reference of the head mount display device
However Ben-Tzvi teaches determine at least one of a position and orientation of the at one marker relative to the frame of reference of first tracking system (paragraph [0025], claim 6). Ben-Tzvi describes a system for tracking motion, this system specifically utilizes a marker to track orientation of the marker relative to a frame of reference of a tracker module. Ben-Tzvi is considered analogous to the claimed invention as it is in the same field of tracking systems and computer graphics. Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date, to combine the teachings of Ben-Tzvi with the teachings of Liu in order to improve tracking the medical devices of Liu in relation to other system components.
Liu in view of Ben-Tzvi fails to teach and determine the position and orientation of the at one marker relative to a frame of reference of the head mount display device.
However, Forutanpour teaches and determine the position and orientation of the at one marker relative to a frame of reference of the head mount display device (paragraph [0003]). Forutanpour describes determining the marker’s location relative to the location and orientation of the head mounted display. Forutanpour is considered analogous to the claimed invention as it is in the same field of head mounted displays. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to combine the teachings of Forutanpour with Liu in view of Ben-Tzvi to implement the determination of relative marker location or orientation with the head-mounted display and improve the presentation of images on the head mounted display.
Additionally it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Forutanpour and Ben-Tzvi with Liu with respect to registering the frame of reference using the at least one marker, and to do so with the position or orientation of the marker relative to the frame of reference of the tracking system and head mounted display for the same motivations previously described.
Method claim 20 is drawn to the method of using the corresponding apparatus claimed in claim 1. Therefore, the method claim 20 corresponds to apparatus claim 1 and is rejected for the same reasons of obviousness as used above.
Regarding claim 2, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the medical image and the representation of the medical device are overlaid on a view or image of the patient (paragraphs [0058], [0080], Figure 4).
Regarding claim 3, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the second tracking system comprises an optical tracking system using visible light or infrared light or other non-visible light (paragraph [0082]).
Regarding claim 4, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the head mount display device comprises at least one camera configured to determine a position and/or orientation of the patient (paragraphs [0061], [0080], Figure 1 #120A-B, Figure 5 #606, 614).
Regarding claim 5, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 4. Liu further teaches wherein the determined patient position and/or orientation are stored with image data obtained by the system (paragraphs [0064],[0074], [0080]-[0082]).
Regarding claim 6, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 4. Liu further teaches wherein the processing circuitry is further configured to use the head mount display device to display an image from a prior scan aligned with the view or image of the patient (paragraph [0087]). The pre-operative tomography images described in [0087] are a type of prior scan aligned with the image of the patient.
Regarding claim 7, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 4. Liu further teaches wherein the processing circuitry is further configured to use the head mount display device to display guides (paragraph [0087]) to guide the positioning of a measurement apparatus of the system relative to the patient to align the measurement apparatus of the system with a position of the measurement apparatus used to obtain a prior scan (paragraph [0087], [0088], figure 5 #622).
Regarding claim 8, Liu in view of Ben-Tzvi and Forutanpour teach A system according to claim 1. Liu further teaches wherein the first tracking system is configured to determine a position and orientation of a measurement apparatus of the system (paragraph [0080], [0082]) and the processing circuitry is configured display a representation of the measurement apparatus using the head mount display device (paragraph [0057]), wherein at least one of:
the medical image, the representation of the medical device and the representation of the measurement apparatus are aligned based on the registration; and
the representation of the medical device and the representation of the measurement apparatus are aligned relative to the view or image of the patient based on the registration (paragraphs [0080], [0087], [0099]).
Regarding claim 9, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 7. Liu further teaches wherein the system comprises an ultrasound imaging system and the measurement apparatus comprises a measurement probe (paragraph [0089]).
Regarding claim 10, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the head mount display device comprises an augmented reality (AR) or virtual reality (VR) headset or other wearable head set (paragraph [0057]).
Regarding claim 11, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the first tracking system comprises a magnetic tracking system configured to generate a magnetic field and to determine the position and orientation of the medical device using the magnetic field (paragraph [0080], [0082], [0086]).
Regarding claim 12, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the first tracking system comprises acoustic tracking; (paragraph [0092], Figure 2)
Regarding claim 13, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches, wherein the medical imaging system comprises a screen configured to display the medical image (paragraph [0139]) and the processing circuitry is configured to display a representation of the screen using the head mount display device (paragraphs [0008], [0057], Figure 1).
Regarding claim 15, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the first tracking system comprises a first position sensor, the first position sensor being part of or comprised in the medical device (Paragraph [0087], [0089], Figure 5 #622). Liu describes markers attached to the imaging peripheral, which in multiple embodiments is a medical device, and has its position tracked via these markers. These markers can therefore be considered position sensors and they are attached to the device, therefore part of the device.
Regarding claim 16, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 9. Liu further teaches wherein the first tracking system comprises a second position sensor, the second position sensor being part of or comprised in the measurement apparatus (Paragraph [0087], [0089], Figure 2 #350, Figure 5 #616). Liu describes markers attached to the imaging peripheral, which in multiple embodiments is a measurement apparatus such as a vital sign module, GPS module or tracking module. The peripherals have their position tracked via these markers, which are attached, or a part of, the apparatus.
Regarding claim 17, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the system comprises a position detector configured to detect movement of a part of first tracking system relative to the at least one marker (Paragraphs [0018], [0089], Figure 5 #606).
Regarding claim 18, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 17. Liu further teaches wherein when movement of the part of the first tracking system relative to the at least one marker has been detected, the processing circuitry is configured to update the registration based on a new position of the part of the first tracking system (Figure 5 #606, paragraph [0018]).
Regarding claim 19 Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the medical device comprises at least one of: a catheter; an endoscopic device; (paragraph [0145]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Kozak (DE 202012100230 U1).
Regarding claim 14, Liu in view of Ben-Tzvi and Forutanpour teach a system according to claim 1. Liu further teaches wherein the processing circuitry is configured to display at least one of the medical image and the representation of the medical device using the head mount display device (paragraph [0057]).
Liu in view of Ben-Tzvi and Forutanpour fails to teach said displaying when the user faces the medical device.
However, Kozak teaches to display at least one of the medical image and the representation of the medical device using the display device when the user faces the medical device (Description, Paragraph [0009], “For example, a user-oriented representation of the ultrasound image can thereby be achieved, which is stationary relative to the operator when the orientation of the display device changes in space.”). Kozak is considered analogous to the claimed invention as it is in the same field of medical device display methods.
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing data, to incorporate the user-oriented represented of a medical imaging device with the head mounted system of Liu.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DAON (US 2022/0265387 Al).
Doughty, M., Ghugre, N. R., & Wright, G. A. (2022). Augmenting Performance: A Systematic Review of Optical See-Through Head-Mounted Displays in Surgery. Journal of imaging, 8(7), 203. https://doi.org/10.3390/jimaging8070203
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aidan W McCoy whose telephone number is (571)272-5935. The examiner can normally be reached 8:00 AM-5:00 PM EST.
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, Tammy Goddard can be reached at (571)272-7773. 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.
/AIDAN W MCCOY/Examiner, Art Unit 2611
/TAMMY PAIGE GODDARD/Supervisory Patent Examiner, Art Unit 2611