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 Objections
Claims 11 and 16 are objected to because of the following informalities:
Regarding claim 11, the “>d) …” paragraph appears to be nested into the “>c)” paragraph.
Regarding claim 16, “according to any previous claim 11”, there appears to only be one instance of claim 11.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 11, it is noted that the amended in language used (“wherein a result of said comparison is used to dynamically…on the display device”) it not mirrored from the specification or disclosure as argued by the applicant. The explicit support in the specification should be denoted as, “dynamically”, “select” (with regard to an augmented reality), or “modify” are not in the specification.
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 11-20 are 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.
Claim 11 recites the limitation "said detection sensor" in lines 8 and 10-11. There is insufficient antecedent basis for this limitation in the claim. This issue exists in claims 13-14, and 19. It is unclear which of the two of the “at least two detection sensors” are being referred to in these instances.
Claim 11 recites the limitation "said position" in line 18. There is insufficient antecedent basis for this limitation in the claim. It is unclear if “said position” refers to “the first position”.
The term “dynamically” in claim 11 is a relative term which renders the claim indefinite. The term “dynamically” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. There does not appear to be any disclosure of dynamically in the specification and as a result, the metes and bounds of how “dynamic” the system is would be in question when addressing the claim.
Regarding claim 12, the system further comprises “at least two detection sensors…” it is unclear whether this is a new set of detection sensors or should refer back to the claim 11 “at least two detection sensors”. Clarification is requested.
Response to Arguments
Applicant’s arguments with respect to claim(s) 11-20 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.
It is noted that some of the 112 issues that were previously presented still remain along with additional issues.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Poltaretskyi (2019/0380792), Freeman (2018/0249151), Kopper (WO2018/148379), and Atarot (WO2016/005988) all teach augmented reality surgical/medical systems with different sensors for receiving movement feedback.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX M VALVIS whose telephone number is (571)272-4233. The examiner can normally be reached 9:00-5:00 M-F.
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ALEX M. VALVIS
Supervisory Patent Examiner
Art Unit 3791
/ALEX M VALVIS/ Supervisory Patent Examiner, Art Unit 3791