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 Arguments
Applicant's arguments filed March 9, 2026 have been fully considered but they are not persuasive.
Applicant cannot rely upon the certified copy of the foreign priority application CN202110185546.9 to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Claim Rejections - 35 USC § 103
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.
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) 1-2, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016150812 to Zollorsch in view of JP 2001104335 to Shioda further in view US 6088154 to Morita.
Regarding claim 1, Zollorsch discloses a surgical microscope diagnosis and treatment system (paragraph 25, 29; root canal diagnosis and treatment based on superimposed image; paragraph 26; microscope 11 for surgical purpose); comprising a microscopic observation module (paragraph 25-26; microscope includes lens 16 and two eyepieces 17 (microscopic observation module)), and
an enhanced information image injection module (paragraph 27, 31; projectors 20 (enhanced information image injection module) inject virtual images), wherein the microscopic observation module is configured to observe a target object to be observed (paragraph 25-26, 28; dentist observes the tooth object via the eyepiece and lens 16) and
the enhanced information image injection module is configured to project the digital image into an observation field of the microscopic observation module in a manner of an optical image (paragraph 27; projector 20 projects virtual image (digital image) and superimposes it on the real image (optical image) via combiner 19 in the observation field of the lens 16 (microscopic observation module)),
so as to be superimposed on an optical image under a microscope in the observation field of the microscopic observation module to form a superimposed optical image (paragraph 27; projected image 14 is superimposed on the real image 13 (optical image) under microscope via combiner 19 in observation field shown in Fig. 1 having arrow B; superimposed image 13/14 goes to eyepiece);
wherein the microscopic observation module comprises a surgical microscope (paragraph 26; microscope 11 for surgical purpose); the enhanced information image injection module comprises a projection apparatus (paragraph 27, 31; projectors 20 (enhanced information image injection module) inject virtual images).
However Zollorsch does not disclose a storage module; the storage module stores a radiatively imaged three-dimensional structure digital Image of the target object; and
project the radiatively imaged three-dimensional structure digital image into an observation field of the microscopic observation module in a manner of an optical image.
Shioda discloses a storage module; the storage module stores a radiatively imaged three-dimensional structure digital Image of the target object (paragraph 46; three-dimensional constructed image of surgical site (target) is read from memory (storage); paragraph 49; “radial scan type” generates radiatively image); and
project the radiatively imaged three-dimensional structure digital image into an observation field of the microscopic observation module in a manner of an optical image (paragraph 34-35; monitor 14 (projector) projects and superimpose the 3D image on the observation field having observation image (optical image)).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Zollorsch as taught by Shioda to provide 3D image projections for the microscope.
The motivation to combine the references is to provide three-dimensional image projection with markers superimposed in association with the actual location of the surgical procedure to assist the surgeon visualize in 3D space (paragraph 44, 46).
However Zollorsch does not disclose the projection apparatus is to project an additional information beam; and the additional information beam and one or two incident beams in the surgical microscope are superimposed and then enter a binocular tube of the surgical microscope to form the superimposed optical image.
Morita discloses the projection apparatus is to project an additional information beam; and the additional information beam and one or two incident beams in the surgical microscope are superimposed and then enter a binocular tube of the surgical microscope to form the superimposed optical image (column 1, line 67; column 2, lines 1-2; surgical microscope; column 7, lines 14-38; column 8, lines 10-31; projection system 9 projects parallel ray from collimation system 10 (additional information beam); the parallel ray is superimposed as image 35 on the image surface 8 from the optical microscope as directed by prism 1 and incident beam 33; Fig. 1 shows the binocular tube above the image surface 8 where superimposed image enters).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Zollorsch as taught by Morita to project additional beam for superimposition with incident beams.
The motivation to combine the references is to provide reception of beam from the projection system in constant set of conditions regardless of movement about the axis by aligning the optical axis to the parallel beams generated by the collimating lens (column 11, lines 37-45).
Regarding claim 2, Shioda discloses the surgical microscope diagnosis and treatment system according to claim 1, wherein the radiatively imaged three-dimensional structure digital image is controllable to be on or off, so that an operator chooses to view a layered two-dimensional image or a 3D image according to needs (paragraph 29-35; if image on/off is off only the observation image (2d image) is viewed; if image on/off is ON then the 3D image is superimposed (layered) on observation image for viewing).
Regarding claim 13, Morita discloses the surgical microscope diagnosis and treatment system according to claim 1, wherein the projection apparatus comprises projection display unit and an imaging lens set, the projection display unit being capable of projecting an additional optical image, and the additional optical image being converted into parallel beams by the imaging lens set to form the additional information beam (column 7, lines 14-25; projection system includes LCD display; collimation optical system 10 (imaging lens set); LCD displays electronic image (additional optical image) which is then converted by collimation lens 10 into parallel ray as additional information beam).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016150812 to Zollorsch in view of JP 2001104335 to Shioda further in view US 6088154 to Morita further in view JP 2004154255 to Shioda.
Regarding claim 3, Zollorsch in view of Shioda does not disclose the surgical microscope diagnosis and treatment system according to claim 2, further comprising a 3D imaging module and an image recognition and processing module, wherein the 3D imaging module is configured to collect the optical image under the microscope in the observation field of the microscopic observation module in real time and convert the optical image under the microscope into a three-dimensional digital image; and the image recognition and processing module is configured to recognize biological characteristics in the three-dimensional digital image, perform comparison of biological characteristics and transmit the radiatively imaged three-dimensional structure digital image matched with the three-dimensional digital image to the enhanced information image injection module, and then the radiatively imaged three-dimensional structure digital image is projected info a set area in the observation field of the microscopic observation module.
Shioda discloses further comprising a 3D imaging module and an image recognition and processing module (page 4, lines 36-42; page 5, lines 23-31; pair of cameras L, R form 3D images; image comparison means 38 (image recognition and processing module)), wherein the 3D imaging module is configured to collect the optical image under the microscope in the observation field of the microscopic observation module in real time and convert the optical image under the microscope into a three-dimensional digital image (page 4, lines 14-18, 33-38; page 5, lines 23-31; pair of digital cameras L, R (3D imaging module) form 3D digital images (stereoscopic images of L/R) (3D conversion of captured image) based on image reflected from splitter 30R/L and formed by the lens 31L/R and sensor 33 in the observation of microscope); and the image recognition and processing module is configured to recognize biological characteristics in the three-dimensional digital image, perform comparison of biological characteristics (page 5, lines 23-31; image comparison means 38 recognizes blood vessels characteristics (biological) in captured 3D image and compares this for the 3D reconstructed image with captured 3D image of camera) and transmit the radiatively imaged three-dimensional structure digital image matched with the three-dimensional digital image to the enhanced information image injection module (page 3, lines 1-3; page 5, lines 30-44; the preoperative image data (radiatively imaged three-dimensional structure digital image) is corrected for displacement to match the captured 3D image and sent to monitors 24 L/R (image injection module) that project images to observation field), and then the radiatively imaged three-dimensional structure digital image is projected info a set area in the observation field of the microscopic observation module (page 3, lines 1-3; page 5, lines 30-44; corrected preoperative image data (radiatively imaged three-dimensional structure digital image) is projected on area of observation field of microscope).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Zollorsch as taught by Shioda to provide 3D image projection that is matched with captured 3D image.
The motivation to combine the references is to provide image correction due to displacement of the biological characteristics such that the image adjustment is performed prior to projection so as to provide accuracy in the display (page 5, lines 29-40; page 6, lines 8-12).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016150812 to Zollorsch in view of JP 2001104335 to Shioda further in view US 6088154 to Morita further in view JP 2004154255 to Shioda further in view of CN 215219313 to Du.
Regarding claim 4, Zollorsch does not disclose the surgical microscope diagnosis and treatment system according to claim 3, further comprising a detection module, wherein a zoom large objective lens and a zoom system are arranged in the microscopic observation module; the detection module is configured to respectively detect a focusing position of the zoom large objective lens and a magnification of the zoom system; the image recognition and processing module determines a depth position of the radiatively imaged three-dimensional structure digital image according to the focusing position of the zoom large objective lens detected by the detection module; and the image recognition and processing module determines a depth range of a current layer area displayed by the radiatively imaged three-dimensional structure digital image according to the magnification of the zoom system detected by the detection module.
Du disclose further comprising a detection module (paragraph n0069; detection module), wherein a zoom large objective lens and a zoom system are arranged in the microscopic observation module (paragraph n0069; large object lens group for zooming system); the detection module is configured to respectively detect a focusing position of the zoom large objective lens and a magnification of the zoom system (paragraph n0069; focus position and magnification detected); the image recognition and processing module determines a depth position of the radiatively imaged three-dimensional structure digital image according to the focusing position of the zoom large objective lens detected by the detection module (paragraph n0065, n0069; depth position (position) determined for CBCT image (three-dimensional structure digital image) based on focus position detected ); and the image recognition and processing module determines a depth range of a current layer area displayed by the radiatively imaged three-dimensional structure digital image according to the magnification of the zoom system detected by the detection module (paragraph n0069; depth range determined of current layer of CBCT image based on magnification detected).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Zollorsch as taught by Du to provide depth determination of the image based on the detection of focus information of the lens.
The motivation to combine the references is to provide registration of the depth information together with layer depth to provide automatic image display based on information of the current layer (paragraph n0069).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016150812 to Zollorsch in view of JP 2001104335 to Shioda further in view US 6088154 to Morita further in view JP 2004154255 to Shioda further in view of US 20150173846 to Schneider.
Regarding claim 5, Shioda (‘335) discloses the surgical microscope diagnosis and treatment system according to claim 3, wherein the radiatively imaged three-dimensional structure digital image is projected to an edge of the observation field of the microscopic observation module, or the radiatively imaged three-dimensional structure digital image is displayed in superposition with the optical image under the microscope in the observation field of the microscopic observation module (paragraph 34-35; monitor 14 (projector) projects and superimpose the 3D image on the observation field having observation image (optical image)).
Shioda discloses radiatively imaged three-dimensional structure digital image. However Zollorsch in view of Shioda ‘335 does not disclose a transparency of the digital image is adjustable.
Schneider discloses a transparency of the digital image is adjustable (paragraph 119, 123, 126; “see-through opacity” (transparency) is adjustable for the projected video/image).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Zollorsch as taught by Schneider to provide adjustable transparency of the image.
The motivation to combine the references is to provide automatic transparency adjustment based on orientation information that affects ambient light of the camera device (paragraph 123).
Claim(s) 6, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016150812 to Zollorsch in view of JP 2001104335 to Shioda further in view US 6088154 to Morita further in view JP 2004154255 to Shioda further in view of US 20150173846 to Schneider further in view of CN 215219313 to Du.
Regarding claim 6, Zollorsch does not disclose the surgical microscope diagnosis and treatment system according to claim 5, further comprising a positioning and navigation-based detection module, wherein the positioning and navigation-based detection module is mounted on a surgical instrument; the positioning and navigation-based detection module is configured for real-time detection of depth and spatial position data of the surgical instrument; and the image recognition and processing module compares the depth and spatial position data collected by the positioning and navigation-based detection module with the biological characteristics in the three-dimensional digital image to obtain real-time relative position data between the surgical instrument and the target object, and transmits the real-time relative position data s to the enhanced information image injection module, and then the real-time relative position data is projected to a set position of the observation field of the microscopic observation module.
Du discloses further comprising a positioning and navigation-based detection module, wherein the positioning and navigation-based detection module is mounted on a surgical instrument; the positioning and navigation-based detection module is configured for real-time detection of depth and spatial position data of the surgical instrument (paragraph n0072; positioning and navigation detection module is installed for detection depth/spatial data); and the image recognition and processing module compares the depth and spatial position data collected by the positioning and navigation-based detection module with the biological characteristics in the three-dimensional digital image to obtain real-time relative position data between the surgical instrument and the target object (paragraph n0072; comparing depth/spatial data with bio-features of 3D image to get real-time relative data), and transmits the real-time relative position data to the enhanced information image injection module, and then the real-time relative position data is projected to a set position of the observation field of the microscopic observation module (paragraph n0072; real-time data is sent injection module for projection on observation field).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Zollorsch as taught by Du to provide spatial position detection for the microscope.
The motivation to combine the references is to provide automatic projection of the real-time information such as position which provides efficiency and visual confirmation during the surgical operation (paragraph n0072).
Regarding claim 7, Du discloses the surgical microscope diagnosis and treatment system according to claim 6, wherein the depth and spatial position data of the surgical instrument and state data of the surgical instrument are stored in the storage module in real time (paragraph n0072; status data and depth/spatial data stored), and the state data of the surgical instrument is capable of being transmitted to the enhanced information image injection module and then projected to the set position of the observation field of the microscopic observation module (paragraph n0072; status data is introduced for projection on set position the observation field).
Claim(s) 8-11, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2016150812 to Zollorsch in view of JP 2001104335 to Shioda further in view US 6088154 to Morita further in view of CN 215219313 to Du.
Regarding claim 8, Zollorsch does not disclose the surgical microscope diagnosis and treatment system according to claim 1, wherein the storage module also stores patient information data, apex locator data, intraoral scanner data, electronic periodontal probe data and pulp vitality data, and each data is respectively controllable to be on or off, so that an operator projects required data to a set position of the observation field of the microscopic observation module according to needs by means of the enhanced information image injection module.
Du discloses wherein the storage module also stores patient information data, apex locator data, intraoral scanner data, electronic periodontal probe data and pulp vitality data, and each data is respectively controllable to be on or off, so that an operator projects required data to a set position of the observation field of the microscopic observation module according to needs by means of the enhanced information image injection module (paragraph n0072-n0074; storage stores patient info, root canal measurement (apex locator), oral scanner, probe data, pulp vitality data and these data can be projected based on the on/off switch selected by user ).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to modify the system of Zollorsch as taught by Du to provide projection of various data in the observation field of microscope.
The motivation to combine the references is to provide user with option to selectively project the necessary data in various formats such as text, table, or curves/maps and also in various screen format such as split screen (paragraph n0074, n0075).
Regarding claim 9, Du discloses the surgical microscope diagnosis and treatment system according to claim 8, wherein each data is projected to the set position of the observation field of the microscopic observation module in a manner of text and symbols, data tables, two-dimensional curves or three-dimensional topographic maps, each data is displayed in a split screen in the observation field of the microscopic observation module or switched to display in a same window, and a display transparency of each data and a size and a position of the display window of each data are adjustable (paragraph n0075).
Regarding claim 10, Du discloses the surgical microscope diagnosis and treatment system according to claim 9, further comprising an Al auxiliary analysis module, wherein the Al auxiliary analysis module is controllable to be on or off so that the operator chooses to turn an or off an Al auxiliary function according to needs (paragraph n0082; AI-assisted analysis can be on of by switch); and the Al auxiliary analysis module is configured to analyze a three-dimensional digital image collected by a 3D imaging module, identify lesions of the target object and leave a mark or reminder on the target object according to the lesions (paragraph n0082; AI-assisted module analyzes the 3D image collected by 3D imaging module), and also configured to comprehensively analyze all the data stored in the storage module to generate additional Al auxiliary information, and then the Al auxiliary information is projected to the set position of the observation field of the microscopic observation module by means of the enhanced information image injection module (paragraph n0082; AI-assisted module analyzes the storage module to generate AI-assisted information (Al auxiliary information)).
Regarding claim 11, Du discloses the surgical microscope diagnosis and treatment system according to claim 10, further comprising a camera module, wherein the camera module is configured to collect expression image data of a patient (paragraph n0086; camera obtains expression image of patient); and the Al auxiliary analysis module analyzes the expression image data collected by the camera module, determines a comfort level of the patient (paragraph n0086; AI-assisted unit determines comfort), and projects a real-time projection to the set position of the observation field of the microscopic observation module by means of the enhanced information image injection module (paragraph n0086 ; injection module projects real-time data to position of the observation field ).
Regarding claim 14, Du discloses the surgical microscope diagnosis and treatment system according to claim 1, wherein the projection apparatus is mounted on one of a left side or a right side of the surgical microscope (paragraph n0017, line 1); the surgical microscope comprises a superimposition lens (paragraph n0017; “superimposed lens group”); the superimposition lens comprises a longitudinal beam splitter prism (paragraph n0017; “third longitudinal beam splitter” is prism) that is capable of being driven to translate along a horizontal direction with respect to the surgical microscope (paragraph n0017; “driven to translate along the left and right direction of the microscope body” (left right is horizontal)).
Regarding claim 15, Du discloses he surgical microscope diagnosis and treatment system according to claim 14, wherein translation along the horizontal direction with respect to the surgical microscope allows the additional information beam to superimpose with any one of the two incident beams in the surgical microscope (paragraph n0017; additional info beam is superimposed with “first incident beam or the second incident beam” via the left-right translation of the third longitudinal beam splitter).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENIYAM MENBERU whose telephone number is (571) 272-7465. The examiner can normally be reached on Monday-Friday, 10:00am-6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Akwasi Sarpong can be reached on (571) 270-3438. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the customer service office whose telephone number is (571) 272-2600. The group receptionist number for TC 2600 is (571) 272-2600.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only.
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.
For more information about the PAIR system, see <http://pair-direct.uspto.gov/>. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Patent Examiner
Beniyam Menberu
/BENIYAM MENBERU/Primary Examiner, Art Unit 2681
05/26/2026
Prosecution Insights