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 .
Response to Amendment
This office action is in response to the amendment filed October 23, 2025. As directed by the amendment, claim 1 has been amended and claims 4-20 were previously withdrawn. As such, claims 1-3 remain under consideration in the instant application.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lang (US 2017/0258526).
Regarding claim 1, Lang discloses a head-mounted display (OHMD) for use with a surgical navigation system including a patient tracker and a surgical instrument tracker (¶1561), the surgical navigation system configured to plan a target trajectory axis based on patient data and for the alignment of an instrument axis that is at least partially defined by a tip of a surgical instrument with the target trajectory axis (¶1561), said head-mounted display comprising: a lens (¶102); and wherein the head-mounted display is further configured to display an augmented reality angular alignment visualization comprising a deviation angle which represent the angle between a first angular vector representative of the instrument axis and a second angular vector representative of the target trajectory axis (¶1561).
Regarding claim 2, Lang discloses the system of claim 1, wherein the deviation angle is configured to be scaled to allow the user to see small deviations in the angle between the first angular vector and the second angular vector (¶646).
Regarding claim 3, Lang discloses the system of claim 1, wherein the augmented reality angular alignment visualization comprises a decomposition of the angle between a first angular vector representative of the instrument axis and a second angular vector representative of the target trajectory axis of the angle into two deviation angles (¶1561).
Response to Arguments
In response to Applicant's argument that Lang fails to teach “wherein the head-mounted display is further configured to display an augmented reality angular alignment visualization comprising a deviation angle which represent the angle between a first angular vector representative of the instrument axis and a second angular vector representative of the target trajectory axis”, Examiner respectfully disagrees. The claim requires the head-mounted display to display a “visualization comprising a deviation angle”. The deviation angle is inherently present between the target trajectory axis and the instrument axis, which can be viewed by the operator. The claim does not require the head-mounted display to display, for example, a numerical figure as the angle. Therefore, the invention of Lang meets the claim.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 OLIVIA C CHANG whose telephone number is (571) 270-5017. The examiner can normally be reached Monday-Friday, 7:30AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, KEVIN TRUONG, at (571) 272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300.
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/OLIVIA C CHANG/Primary Examiner, Art Unit 3775