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 interpretation
Applicant includes terms “pointing mode” and “control mode” in claim which are not fully defined in the specification but rather defined in the way of example in paragraph [0037]. The Examiner’s interpretation is that the “pointing mode” is a mode when pointer is placed on for example a button or moved towards the button and “control mode” is anything like moving pointer or clicking on button.
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) 1-5, 7-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 US 20040046736 A1 in view of D2 US 20200034501 A1.
Regarding claims 1, 8, 9, 15 D1 teaches
1, 8, 9, 15. A method for specifying an object, the method comprising:
determining whether a pointing device is in a pointing mode or a control mode;[0387](user by pressing down activates control mode in other case it is in pointing mode as described in for example in [0114] and [0386] )
determining a first position of a first locator[0114] and a second position[0331] of a second locator in the pointing device in a virtual space, when the pointing device is in the pointing mode;[0331]
determining pointing of the pointing device based on the first position of the first locator and the second position of the second locator; and[0331 and 0386-0387]
determining a specified virtual object based on the pointing of the pointing device.[0387]( If the targeted tool is pressed down compressing the spring 810 and moving the targets 801 and 802 apart, the information displayed can refer to internal body parts. As the user presses down harder on the spring, the greater the targets move apart the lower in the body and this can be used to instruct the database to display the computer that we reach for information.)
The only difference why it is 103 rejection due to the fact that [0386-0387] refer to the different embodiment than in [0331] but one of ordinary skills in the art would know that in order to identify the orientation one can use two points for linear objects.
D2 teaches statement above where orientation one can use two points for linear objects [0476]
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to obtain the orientation/pointing of the surgical device as required in D1.
Note: The steps of determining a first position…; determining pointing…; and determining a specified virtual object in claim 1 is given little patentable weight due to the contingent limitation “when” recited in line 4, where the step of determining a first position does not necessarily need to be performed. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. [See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) for an analysis of contingent claim limitations in the context of both method claims and system claims.; MPEP §2111.04 II].
It is noted this only applies to process/method claims.
2, 10, 16. The method of claim 1, wherein the determining the pointing of the pointing device comprises determining a direction in which a connecting line between the first position of the first locator and the second position of the second locator extends along a pointing end of the pointing device, as the pointing of the pointing device(D2 [0476]), and
wherein the determining the specified virtual object comprises determining the virtual object located in the direction of the pointing device as the specified virtual object.(D1 [0387] linear object hence object is located in direction of pointing device)
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to obtain the orientation/pointing and navigation of the surgical device as required in D1.
3, 11, 16. The method of claim 2, wherein the determining the first position of the first locator and the second position of the second locator in the pointing device in the virtual space comprises determining the first position of the first locator and the second position of the second locator in a preset coordinate system, respectively, based on a first distance between the first locator and a locating device in a predetermined position in the virtual space and a second distance between the second locator and the locating device.(D1[0594]/D2 [0336])
4, 12, 17. The method of claim 3, wherein the locating device comprises a ultra wideband (UWB) receiver or a UWB chip,(D2 [0172])
wherein both of the first locator and the second locator comprise a UWB transmitter, (D2 [0172])and
wherein the determining the first position of the first locator and the second position of the second locator in the preset coordinate system comprises determining a first coordinate of the first locator and a second coordinate of the second locator in the preset coordinate system, respectively, based on a first transmission delay of a data communication between the first locator and the locating device and a second transmission delay of the data communication between the second locator and the locating device.(D1 [0594] implicit radar operated based on Time of flight )
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to obtain the
orientation/pointing and navigation using UWB system of the surgical device as required in D1.
Regarding claims 5, 13, 18 D1 teaches obtaining orientation of the pointing object [0386]
but does not teach that orientation is obtained by while D2 teaches
5, 13, 18. The method of claim 4, wherein a first vector between the first locator and the second locator is determined based on the first coordinate of the first locator and the second coordinate of the second locator in the preset coordinate system.(D2 [0476])
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D2 in order to obtain the orientation/pointing and navigation of the surgical device as required in D1.
7, 14, 20. The method of claim 2, further comprises:
determining whether the pointing device is switched to the control mode, when the virtual object is specified; and(D1 [0386-0387])
performing a corresponding operation on the virtual object specified by the pointing device, based on the control of the pointing device, after the pointing device is switched to the control mode. (D1 [0386-0387])
Claim(s) 6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 US 20040046736 A1 in view of D2 US 20200034501 A1 and further in view of D0 US 20210349177 A1
6, 19. The method of claim 5, wherein the determining the specified virtual object comprises:
determining a second vector(vector z fig. 12 and [0107] fig. 1b) between one of the first locator(1202 dot or 50 fig. 1b ) and the second locator and a virtual object(dot in 1260 or object 55 in fig. 1b) in the virtual space;(fig. 12 or fig. 1b)
but does not teach while D0 teaches
determining an angle between the second vector and the first vector([0055]pointing angle alpha is inherently from math angle between the second vector and the first vector); and
determining the virtual object having the angle with the first vector being within a preset range as the specified virtual object.[0055]
It would be obvious to one of ordinary skills in the art at the time of the filing to modify invention by D1 with invention by D0 in order correctly point to the object which are not point like objects but rather have some shape and area.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENA SERAYDARYAN whose telephone number is (571)270-0706. The examiner can normally be reached on M-T, 7:30-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached on (571)270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELENA H SERAYDARYAN/ Examiner, Art Unit 3648
/RESHA DESAI/Supervisory Patent Examiner, Art Unit 3648