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 .
Application Status
This office action is responsive to the amendments filed on 05/04/2026.
This action has been made FINAL.
Response to Arguments
Applicant's arguments filed 05/04/2026 have been fully considered but they are not persuasive.
The Applicant alleged the following: “Bojarski does not teach a cap on which the optical marker and a second optical marker are presented.” The examiner is not persuaded. The combination of Bojarski, Chopra and Goodwin discloses the Applicant’s claim language. More specifically, Goodwin’s teachings in Paragraphs 0021-0027 discloses the Applicant’s claim language of “a cap on which the optical marker and a second optical marker.” Accordingly, the examiner maintains the rejection.
The Applicant alleged the following: “However, the Bojarski reference fails to disclose a common connector that defines a fixed distance between the image visible marker and the optical marker.” The examiner is not persuaded. Bojarski’s teachings in Column 59, Lines 20-35 & Column 59, Lines 60-67 & Column 60, Lines 1-17 of “connected or linked to the marker, the base of the marker or a holding member connected to the marker” discloses the Applicant’s claim language of “a common connector.” MPEP § 2106 states Office personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed Cir. 1997). Accordingly, the examiner maintains the rejection.
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) 1-6 and 9-24 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Bojarski, US Patent No.:11,857,378 in view of Chopra, US20220008141 and in further view of Goodwin, US 20140243655.
Claim 1:
Bojarski discloses a device to enable alignment of an image data set with an anatomy of a person using an augmented reality (AR) headset (See Bojarski Abstract & Figure 1; Figures 4A-4C & Column 10, Lines 35-50) but failed to explicitly disclose the following:
“an image visible marker that is detectable by a medical imaging device” and “to define a fixed distance between the image visible marker”. Chopra discloses the Applicant’s claim language of “an image visible marker that is detectable by a medical imaging device” in Paragraph 0093. Moreover, Chopra discloses the Applicant’s claim language of “to define a fixed distance between the image visible marker” in Paragraph 0100. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Bojarski by the teachings of Chopra to produce visual image data set from a visual image sensor containing at least one visual marker, more effectively (See Chopra Summary of the Disclosure section). In addition, both references teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, incorporating augmented reality (AR) technology with medical devices.
Additionally, Bojarski and Chopra failed to explicitly disclose a cap on which the optical marker is presented and a second optical marker on a second portion of the cap. However, Goodwin discloses this feature in Paragraphs 0021-0027. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Bojarski and Chopra by the teachings of Goodwin to produce visual marker, more effectively (See Goodwin Abstract). In addition, both references teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, incorporating using imaging markers technology with medical devices.
As modified:
The combination of Bojarski, Chopra and Goodwin discloses the following:
an image visible marker that is detectable by a medical imaging device (See Chopra Paragraph 0093);
an optical marker (“one marker comprises at least one of an optical marker, a geometric pattern, a bar code, a QR code, an alphanumeric code, a radiofrequency marker, an infrared marker, a retroreflective marker, an active marker, and a passive marker.” See Bojarski Column 4, Lines 1-25);
a cap on which the optical marker is presented and a second optical marker on a second portion of the cap (See Goodwin Paragraphs 0021-0027);
and a common connector having a coupling (“connected or linked to the marker, the base of the marker or a holding member connected to the marker” See Bojarski Column 59, Lines 20-35 & Column 59, Lines 60-67 & Column 60, Lines 1-17) to removably join the image visible marker (See Chopra Paragraph 0093) to the optical marker (“connected or linked to the marker, the base of the marker or a holding member connected to the marker” See Bojarski Column 59, Lines 20-35 & Column 59, Lines 60-67 & Column 60, Lines 1-17) on the cap (See Goodwin Paragraphs 0021-0027) and to define a fixed distance between the image visible marker and the optical marker (“In addition to the coordinate position of the various P and E markers, there can be a fixed linear distance between various elements, such as the distance between the center of P.sub.1 and P.sub.0 284, the distance between P.sub.0 and the edge of the fiducial marker 286, or the distance between P.sub.2 and the edge of the fiducial marker 282. It can be appreciated that any distance between any two points can be used” See Chopra Paragraphs 0093 & 0100).
Claim 2:
The combination of Bojarski, Chopra and Goodwin discloses wherein the common connector (See Bojarski Column 59, Lines 20-35 & Column 59, Lines 60-67 & Column 60, Lines 1-17) defines a direction for the fixed distance between the optical marker (See Bojarski Column 23, Lines 5-20) and the image visible marker (See Chopra Paragraph 0093).
Claim 3:
The combination of Bojarski, Chopra and Goodwin discloses wherein the optical marker is at least one of an optical code, a shaded marker, a colored marker, or an infrared marker (“one marker comprises at least one of an optical marker, a geometric pattern, a bar code, a QR code, an alphanumeric code, a radiofrequency marker, an infrared marker, a retroreflective marker, an active marker, and a passive marker.” See Bojarski Column 4, Lines 1-25).
Claim 4:
The combination of Bojarski, Chopra and Goodwin discloses a base on which the image visible marker is attached (See Chopra Paragraph 0093).
Claim 5:
The combination of Bojarski, Chopra and Goodwin discloses an adhesive layer on a surface of the base to enable the base to be adhered to a person’s body (See Bojarski Column 43, Lines 5-15).
Claim 6:
The combination of Bojarski, Chopra and Goodwin discloses a projection formed on a surface of the base (See Bojarski Column 20, Lines 10-25), wherein the projection is associated with the image visible marker (See Chopra Paragraph 0093).
Claim 9:
The combination of Bojarski, Chopra and Goodwin discloses wherein the second optical marker is oriented at a 45-degree angle with respect to the optical marker (See Bojarski Column 16, Lines 45-60).
Claim 10:
The combination of Bojarski, Chopra and Goodwin discloses four additional optical markers with faces oriented at a 45-degree angle (See Bojarski Column 16, Lines 45-60) with respect the optical marker that is a first optical code (“one marker comprises at least one of an optical marker, a geometric pattern, a bar code, a QR code, an alphanumeric code, a radiofrequency marker, an infrared marker, a retroreflective marker, an active marker, and a passive marker.” See Bojarski Column 4, Lines 1-25).
Claim 11:
The combination of Bojarski, Chopra and Goodwin discloses wherein the four additional optical markers (“one marker comprises at least one of an optical marker, a geometric pattern, a bar code, a QR code, an alphanumeric code, a radiofrequency marker, an infrared marker, a retroreflective marker, an active marker, and a passive marker.” See Bojarski Column 4, Lines 1-25) are oriented radially at 90-degree angles with respect to one another around a center axis (See Bojarski Column 16, Lines 45-60) of the cap (See Goodwin Paragraphs 0021-0027).
Claim 12:
The combination of Bojarski, Chopra and Goodwin discloses wherein the common connector is configured to fit the cap (See Goodwin Paragraphs 0021-0027) to the base and is at least one of: a snap coupling, a press fit coupling, an adhesive coupling, a Velcro coupling, or a pin connected coupling (See Bojarski Column 59, Lines 60-67 & Column 60, Lines 1-5).
Claim 13:
The combination of Bojarski, Chopra and Goodwin discloses wherein the base includes an EKG (electrocardiogram) electrode (See Bojarski Column 29, Lines 50-67) as the image visible marker (See Chopra Paragraph 0093).
Claim 14:
The combination of Bojarski, Chopra and Goodwin discloses wherein the image visible marker is an MRI (magnetic resonance imaging) marker or a radiopaque marker (See Chopra Paragraph 0093).
Claim 15:
The combination of Bojarski, Chopra and Goodwin discloses wherein a projection contains the MRI marker or radiopaque marker (See Bojarski Column 35, Lines 1-25).
Claim 16:
The combination of Bojarski, Chopra and Goodwin discloses wherein the image visible marker is a metal marker in the shape of at least one of: a circle, square, rectangle, triangle, sphere, a 2D shape, or a 3D shape (“the marker may be square, between 50 and 80 mm on each side and between 5 to 10 mm thick” See Chopra Figure 2C & Paragraph 0093).
Claim 17:
Claim 17 is rejected on the same basis as claim 1.
Claim 18:
The combination of Bojarski, Chopra and Goodwin discloses an optical code on a top surface of a multi-faceted cap (See Goodwin Paragraphs 0021-0027) and optical codes (“one marker comprises at least one of an optical marker, a geometric pattern, a bar code, a QR code, an alphanumeric code, a radiofrequency marker, an infrared marker, a retroreflective marker, an active marker, and a passive marker.” See Bojarski Column 4, Lines 1-25) on angled surfaces of the multi-faceted cap (See Goodwin Paragraphs 0021-0027).
Claim 19:
The combination of Bojarski, Chopra and Goodwin discloses wherein optical codes (“one marker comprises at least one of an optical marker, a geometric pattern, a bar code, a QR code, an alphanumeric code, a radiofrequency marker, an infrared marker, a retroreflective marker, an active marker, and a passive marker.” See Bojarski Column 4, Lines 1-25) are on angled side surfaces and are at least a 25-degree angle with respect to the optical code (See Bojarski Column 55, Lines 1-15) on a top surface of the cap (See Goodwin Paragraphs 0021-0027).
Claim 20:
The combination of Bojarski, Chopra and Goodwin discloses wherein the optical codes (“one marker comprises at least one of an optical marker, a geometric pattern, a bar code, a QR code, an alphanumeric code, a radiofrequency marker, an infrared marker, a retroreflective marker, an active marker, and a passive marker.” See Bojarski Column 4, Lines 1-25) on side surfaces are at 90-degree angles radially with respect to one another and around a center axis (See Bojarski Column 16, Lines 45-60) of a multi-faceted cap (See Goodwin Paragraphs 0021-0027).
Claim 21:
The combination of Bojarski, Chopra and Goodwin discloses wherein the common connector is at least one of: a snap coupling, a press fit coupling, or an adhesive coupling (See Bojarski Column 59, Lines 60-67 & Column 60, Lines 1-5).
Claim 22:
The combination of Bojarski, Chopra and Goodwin discloses wherein the common connector is configured to receive the image visible marker that is at least one of: an MRI marker, a radiopaque marker, a metal marker, a titanium marker with on optical code formed in the titanium marker, or an ultrasound marker (See Chopra Paragraph 0093).
Claim 23:
Claim 23 is rejected on the same basis as claim 1.
Claim 24:
Claim 24 is rejected on the same basis as claim 5.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210186647 discloses an augmented reality system, and specifically to correct image projection when it is used in image guided surgery.
Conclusion
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEREE N BROWN whose telephone number is (571)272-4229. The examiner can normally be reached M-F 5:30-2:00 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, SAID BROOME can be reached on (571) 272-2931. 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.
/SHEREE N BROWN/Primary Examiner, Art Unit 2612 May 19, 2026
Prosecution Insights