DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. 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.
Continued Examination Under 37 CFR 1.114
3. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2 January 2026 has been entered.
Response to Arguments
4. Applicant’s arguments, see Remarks, filed 2 January 2026, with respect to the rejections of claims 1-5 and 39-41 under 35 U.S.C. § 102(a)(1) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made in view of newly-applied prior art.
Claim Rejections - 35 USC § 102
5. 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.
(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.
6. Claims 1-5 and 39-41 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Gibby (US-2020/0159313 – cited in IDS of 7/12/2023).
Regarding claim 1: Gibby discloses a method, comprising: receiving 2D image data of patient anatomy from a medical imaging device (fig 1, fig 6, [0023]-[0025], and [0051] of Gibby – 2D image data captured for use by medical professional with AR headset); identifying a location of the 2D image data in a 3D coordinate system of an augmented reality (AR) headset (fig 1, fig 2, [0024]-[0027], and [0030] of Gibby – location of 2D image data in the 3D coordinate system is identified based on features, such as the optical code 200 and markers 206, so the medical professional can properly operate using the AR headset); receiving a graphical mark from a user for a point within the 2D image data (fig 2(200,206) and [0031]-[0032] of Gibby); and computing a 3D coordinate of the point in the 3D coordinate system using a location of the medical imaging device with respect to the AR headset to generate a 3D spatial mapping and target a structure in a person (fig 4, figs 6-7, [0047], [0051], and [0058]-[0062] of Gibby – location and orientation of medical imaging device used to reconstruct the 3D image data set for the AR display), wherein the medical imaging device captured the 2D image data (fig 6, fig 7, fig 8A, [0051], [0059], and [0068] of Gibby).
Regarding claim 2: Gibby discloses the method as in claim 1 (as rejected above), further comprising displaying 2D image data while viewing patient anatomy through an augmented reality (AR) headset (fig 1(114) and [0024]-[0025] of Gibby).
Regarding claim 3: Gibby discloses the method as in claim 1 (as rejected above), further comprising displaying a procedure guidance indicator for a medical tool or augmentation tag identified by the AR headset to the 3D coordinate of the point (fig 3, fig 4(400,402,404), [0040]-[0041], and [0046]-[0047] of Gibby).
Regarding claim 4: Gibby discloses the method as in claim 1 (as rejected above), wherein the 2D image data is an ultrasound image (fig 8B and [0071]-[0072] of Gibby).
Regarding claim 5: Gibby discloses the method as in claim 1 (as rejected above), wherein the medical imaging device has an optical marker on a surface of the medical imaging device to identify a placement of the medical imaging device and provide 3D coordinates of the 2D image data (figs 6-7(652,658), [0055], and [0059] of Gibby).
Regarding claim 39: Gibby discloses the method as in claim 1 (as rejected above), wherein the location of the medical imaging device further comprises a position and orientation of the medical imaging device (figs 6-7, [0055], and [0059]-[0060] of Gibby).
Regarding claim 40: Gibby discloses the method as in claim 1 (as rejected above), further comprising displaying 2D images from the medical imaging device while viewing patient anatomy using an augmented reality (AR) headset, in order to generate a 3D spatial mapping (fig 1 and [0027]-[0028] of Gibby).
Regarding claim 41: Gibby discloses the method as in claim 1 (as rejected above), further comprising providing a navigation path from a medical tool identified by the AR headset to the point (fig 4(404) and [0047] of Gibby).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James A Thompson whose telephone number is (571)272-7441. The examiner can normally be reached M-F 8am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Harrington can be reached at 571-272-2330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A THOMPSON/Primary Examiner, Art Unit 2615
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