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 .
Election/Restrictions
Applicant's election with traverse of Species 1 (figures 2-4), in the reply filed on 7/30/2026 is acknowledged.
The traversal is on the ground(s) that:
The species of the present application are merely obvious variants of the same invention rather than patentably distinct inventions. Regardless of whether the target
component is planar, cylindrical, or annular, the inventive concept can utilize the light penetrating body itself as an optical transmission path, and the thickness of the light penetrating body can serve as a reflective path of the illumination beam, thereby enabling the optical detection module to operate in direct contact with, or at an extremely short working distance from, the target component. Also, the embodiments of the present application substantially overlap with the technical field and the search scope, so that the applicant respectfully submits that the search and examination of claims readable upon all species would not impose a serious burden.
This is not found persuasive because:
While the broad concept of tracking a moving target component is similar in the species, the structure of the target component and the positioning of the optical detection module is very different, as seen in the figures as annular and cylindrical, with reflective markings on different surfaces. The optical detection module is oriented at different facing positions in regard to the surface of the target component. The search would involve finding the concept, and finding the different shapes and position orientations of the optical detection module.
The requirement is still deemed proper and is therefore made FINAL.
Claim 8-12 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/30/2026.
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 1-7 rejected under 35 U.S.C. 103 as being unpatentable over US Hong et al (US 20160287341).
With respect to claim 1 Hong Discloses:
An optical tracking device, comprising: See Fig. 1
an optical detection module (Ref.120 [0089] The image forming unit 120 receives the parallel light of the pattern portion 111) comprising an optical receiver (Fig 1 Ref. 122 [0089] “the image forming unit 120 may be a camera receiving the parallel light of the pattern portion 111 which is provided by the marker unit 110 and forming the enlarged image of the pattern portion 111 on an image sensor 122.”) and
a target component ([0084] The marker unit 110 attached on a target) comprising a light penetrating body (light passed thru all of 110) with at least one mark (111) and movably disposed adjacent to the optical detection module (See positions 7a-7d), the target component allowing an illumination beam (Fig. 1 Ref 112 . [0087] “As described above, when the light source 112 is arranged in the rear of the pattern portion 111, the light emitted from the light source 112 passes through the pattern portion 111”) penetrating into the light penetrating body, so that the optical detection module acquires a detection image containing a pattern corresponding to the mark….Ref.120 [0089] The image forming unit 120 receives the parallel light of the pattern portion 111)
With respect to the phrase “for tracking a relative movement between the target component and the optical detection module," this could be interpreted as intended use as there is no positive recitation of movement of the target component being tracked only that the target is movable. However, even under a strictly conservative claim interpretation that this phrase is limiting, tracking movement of the target component would be an obvious capability of the optical tracking device of Hong. Hong discloses calculating spatial position (angle and direction) of multiple images in different positions/locations (Fig 7a-7d) but fails to explicitly state tracking relative movement. However, one skilled in the art would recognize that Hong provides the ability to compare the different spatial positions of the target marker unit (target component) from multiple imagines captured at different points in time would allow the device to track the relative movement of the target component (marker unit) relative to the detection module, in particular see Fig. 7a and 7b and [0112] showing distances of the target component (marker unit) locations as D1 and D2 as different. It would have been obvious to one of ordinary skill in the art at the time of filing to utilize the captured images of Hong’s optical tracking device to track the relative movement of an object/target component. One skilled in the art would have been motivated by the teachings of Hong [0001-0003] which describes the optical tracking device being used with surgical instrument, one would recognize knowing the movement of a target component would be critical to successfully perform an endoscopic surgery.
In regards to claim 2, Hong discloses the optical tracking device of claim 1, wherein the light penetrating body has a specific thickness used to provide a reflective path of a light spot formed by the mark whereon the illumination beam is projected (as seen in Fig. 1 thickness of ref. 110), and the optical receiver faces the target component and captures the detection image containing the pattern corresponding to the light spot (Fig. 1 ref. 122).
In regards to claim 3, Hong discloses the optical tracking device of claim 1, wherein the light penetrating body has a specific thickness used to absorb the illumination beam for being a passive illumination body (as seen in Fig. 1 thickness of ref. 110), and the optical receiver faces the target component and captures the detection image containing the pattern corresponding to a dark spot formed by the mark (Fig. 1 ref. 122 faces ref. 110).
In regards to claim 4, Hong discloses the optical tracking device of claim 1, wherein the target component comprises a first surface and a second surface opposite to each other (as seen at least in Fig. 1 of Hong for ref. 110), the first surface faces toward the optical detection module, and the mark is disposed on the second surface (as seen at least in Fig. 1 of Hong for ref. 111).
In regards to claim 5, Hong discloses the optical tracking device of claim 4, wherein the second surface is processed by non-mirror treatment (as suggested in Fig. 1 ref. 111 surface does not reflect light from 112), and texture on the second surface is used as the mark (as suggested in Fig. 1 surface texture or marks may be reflected by light ref. 112, reflected marks seen at least in Fig., 2 ref. 11a).
In regards to claim 6, Hong discloses the optical tracking device of claim 4, wherein the optical tracking device further comprises a reflection component disposed on the second surface and used as the mark (Hong in Fig. 2 ref. 111a pattern which is reflected onto ref. 122).
In regards to claim 7, Hong discloses the optical tracking device of claim 4, but does not expressly disclose: wherein the mark is further disposed on the first surface and the second surface. However, it would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to provide the means for the mark to be further disposed on the first surface and the second surface in order to allow for first surface to contain a pattern/marks for better observation of the part or alignment purposes, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Hong further discloses: the illumination beam is absorbed by the light penetrating body and sheltered by the mark so as to provide the detection image containing the pattern corresponding to a dark spot (as suggested in Fig. 2 of Hong, the patten which makes up the detection image comprises dark spots in between lines, not referenced in figure).
Claim 13, 14 rejected under 35 U.S.C. 103 as being unpatentable over Hong in view of Kok et al (US 20170061226).
In regards to claim 13, Hong discloses the optical tracking device of claim 1, but does not expressly disclose: wherein the optical detection module further comprises an optical emitter corresponding to a surface of the target component facing the optical receiver.
Kok teaches an optical measurement/tracking device comprising an emitter and a receiver sensor (Fig. 1 ref. 10, Fig. 5 ref. 10, optical emitter ref. 101, optical receiver ref. 1020).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hong with Kok by providing the means for the optical detection module to comprise comprises an optical emitter system of Kok which is oriented corresponding to a surface of the target component facing the optical receiver in order to allow the system to determine an accurate distance from the optical detection module to the target component which is placed on a lesion or surgical instrument.
In regards to claim 14, Hong discloses the optical tracking device of claim 1, but does not expressly disclose: wherein the optical detection module further comprises an optical emitter corresponding to a surface of the target component not facing the optical receiver.
Kok teaches an optical measurement/tracking device comprising an emitter and a receiver sensor (Fig. 1 ref. 10, Fig. 5 ref. 10, optical emitter ref. 101, optical receiver ref. 1020), the emitter not facing the optical receiver (as seen at least in Figs. 1 and 10 of Kok, the emitter emitting away from the receiver).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hong with Kok by providing the means for the optical detection module to comprises an optical emitter system of Kok corresponding to a surface of the target component, where the emitter is not facing the optical receiver in order to allow the system to determine an accurate distance from the optical detection module to the target component which is placed on a lesion or surgical instrument
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICENTE RODRIGUEZ whose telephone number is (571)272-4798. The examiner can normally be reached M-TH 7-5.
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, JOSHUA HUSON can be reached at 571-270-5301. 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.
/V.R./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights