DETAIL OFFICE ACTIONS
The United States Patent & Trademark Office appreciates the response filed for the current application that is submitted on 01/06/2026. The United States Patent & Trademark Office reviewed the following documents submitted and has made the following comments below.
Amendment
Applicant submitted amendments on 01/06/2026. The Examiner acknowledges the amendment and has reviewed the claims accordingly.
Applicant Arguments:
Applicant/s state/s the claim 10 was amended to overcome the rejection under 35 U.S.C. 101; therefore, the rejection should be withdrawn.
Applicant/s state/s that the cited prior arts do not teach the amended claims, specially, the limitation “wherein the image obtaining module is a camera of a headwear device and a plurality of identifiers are disposed in the surgical scene, including a first identifier disposed on an operating table and a second identifier disposed on a surgical device, and when the first identifier is recognized on the surgical scene image, at least one of the following interaction instructions is obtained: triggering surgical area initialization and entering an alignment stage.”; therefore, the rejection under 35 U.S.C. 102 should be withdrawn.
Examiner’s Responses:
Applicant’s arguments and amendments, see Remarks, filed 01/06/2026, with respect to the rejection(s) of claim(s) 10 under 35 U.S.C. 101 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn
Applicant’s arguments and amendments, see Remarks, filed 01/06/2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration of amendments, a new ground(s) of rejection is made in view of Srimohanarajah et al. (US-20200008878-A1) in view of Lang et al. (US-20220079675-A1).
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, 3-5 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Srimohanarajah et al. (US-20200008878-A1, hereinafter Scrimo) in view of Lang et al. (US-20220079675-A1, filed 2019, hereinafter Lang)
CLAIM 1
In regards to Claim 1, Scrimo teaches a surgical navigation system (Scrimo, ¶ [0047]: “an exemplary navigation system environment 200 is shown, which may be used to support navigated image-guided surgery”), characterized in, comprising: an image obtaining module (Scrimo, ¶ [0046-0049]: “an optical tracking system”, see FIG. 2 for tracking system 206), for obtaining a surgical scene image (Scrimo, ¶ [0079-0080]: “patient image”, see FIG. 7, image of a surgical area is captured);
an image recognition module (Scrimo, ¶ [0087]: “The controller is coupled with a tracking system”), for executing image recognition on the surgical scene image to obtain a first recognition result (Scrimo, ¶ [0087]: “The controller…an optical tracking system, that is configured to detect one or more tracking markers… The tracking markers may, for example, be tracking spheres that are recognizable by a tracking camera…”; where, spheres are in the surgical scene and are optically identifiable), wherein the first recognition result is used to represent an identifier contained in the surgical scene image (Scrimo, ¶ [0087]. See above. Tracking markers are detected and tracked by the tracking system);
an instruction obtaining module (Scrimo, ¶ [0089-0091]: “medical electronic device”), for, based on the first identification result, obtaining a corresponding interaction instruction (Scrimo, ¶ [0089-0091]: “The operating state may, for example, be a particular mode, function, or operation on the medical electronic device and the input command may, for example, be a selection command, a command to modify or set a parameter value, etc … The particular state of the tracking marker(s) is a physical state of the tracking marker(s), such as a specific physical location in space or a “covered” state”; Scrimo teaches obtaining physical states of tracking markers, which correspond to operating states or input commands of the device);
an instruction execution module (Scrimo, ¶ [0089-0090 and 0100-0101]: “medical electronic device”), for, based on the interaction instruction, controlling the surgical navigation system to execute a corresponding surgical navigation step (Scrimo, ¶ [0089-0090 and 0100-0101]: “The operating state may, for example, be a particular mode, function, or operation on the medical electronic device and the input command may, for example, be a selection command, a command to modify or set a parameter value…assigning a specific operating state of the medical electronic device to a particular state of at least one of the tracking markers. The particular state of the tracking marker(s) is a physical state of the tracking marker(s), such as a specific physical location in space or a “covered” state, which is found to exist when the tracking marker(s) is covered”. Scrimo teaches the medical electronic device may perform various operational steps performed by the system depending on physical state of detected markers).
a plurality of identifiers are disposed in the surgical scene, including a second identifier disposed on a surgical device (Scrimo, ¶ [0087]: “ at least some of the tracking markers may be provided on a pointer tool 702 (FIG. 7) or another tracked medical instrument”)
Scrimo does not explicitly disclose the wherein the image obtaining module is a camera of a headwear device and a plurality of identifiers are disposed in the surgical scene, including a first identifier disposed on an operating table and a second identifier disposed on a surgical device, and when the first identifier is recognized on the surgical scene image, at least one of the following interaction instructions is obtained: triggering surgical area initialization and entering an alignment stage.
Lang is in the same field of art of marker-based surgical navigation system. Further, Lang teaches the image obtaining module is a camera of a headwear device (Lang, ¶ [0009 and 0054]: “the head mounted (HMD) is a see through optical head mounted display (OHMD). In some embodiments, an optical see through HMD is used. In some embodiments, a video see through HMD can be used, for example with a camera integrated into, attached to…”) and a plurality of identifiers are disposed in the surgical scene, including a first identifier disposed on an operating table (Lang, ¶ [0083 and 0450]: “ one or more optical markers attached to the patient's joint, the operating room table…”) and a second identifier disposed on a surgical device (Lang, ¶ [0050 and 0165]: “FIG. 13 shows an illustrative, non-limiting example of a surgical instrument with multiple optical markers attached for tracking … One or more optical markers can be applied to a physical tool”; see FIG. 13), and when the first identifier is recognized on the surgical scene image, at least one of the following interaction instructions is obtained: triggering (Lang, ¶ [0427]: “The detection of one or more surfaces with geometric patterns or one or more portions of geometric patterns, e.g. on a 2D optical marker or a 3D optical marker, can be used to trigger one or more computer demands.” Lang teaches triggering computer command based on marker recognition) surgical area initialization and entering an alignment stage. (Lang, ¶ [0325-0327 and 0450-0452]: “for example an anatomic structure within the surgical site or near the surgical sites, and/or can be referenced to or based on a marker attached to the OR table … Changes in the position of the 3D scanner or laser scanner attached to or integrated into the OHMD relative to the optical markers, e.g. with geometric patterns, LED's, IMU's, calibration phantoms or reference phantoms attached to the external environment, e.g. the ceiling, the wall, the OR table, a stand, or a tripod, can also be used to intermittently, continuously, or in real time determine the position and/or orientation and/or coordinates of the OHMD” Lang teaches registering surgical site with an fixed-position marker, and continuously determine position and orientation and coordinate of the head-mounted device with the tracker.)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scrimo by incorporating the head-mounted device that is taught by Lang, to make an optical tracking system with additional cameras from a head-mounted device; thus, one of ordinary skilled in the art would be motivated to combine the references since among its several aspects, the present invention recognizes there is a need to improve the tracking capability of the system by additional camera from head-mounted device (Lang, ¶ [0009]: “the system comprises at least one camera integrated into or attached to the see through optical head mounted display. In some embodiments, at least one camera is separate from the optical head mounted display. In some embodiments, the one or more cameras are configured to determine the position, orientation, or position and orientation of the marker. In some embodiments, the one or more cameras are configured to determine one or more coordinates of the marker”).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
CLAIM 3
In regards to Claim 3, the combination of Scrimo and Lang teaches the system of Claim 1. In addition, the combination of Scrimo and Lang teaches obtaining a surgical navigation stage at which the surgical navigation system is (Scrimo, ¶ [0101]: “the medical electronic device is configured to have a two stage trigger before performing certain operations…when the first action has been detected, the operating state may be adjusted to a “primed” operating state in which the medical electronic device monitors for a second stage of a trigger”. Scrimo teaches using a first input command to bring the device to a primed operating stage, which waits for second input command.); based on the first recognition result and the surgical navigation stage, obtaining the corresponding interaction instruction. (Scrimo, ¶ [0101]: “If the second stage of the trigger is received when the medical electronic device is in the primed state, then the operation associated with the two stage trigger may be performed. If, however, another condition is met prior to the second stage of the trigger being received … , then the medical electronic device may transition out of the primed state and into a regular operating mode” Scrimo teaches based on the “primed” operating state and second input command, the device will behave correspondingly )
CLAIM 4
In regards to Claim 4, the combination of Scrimo and Lang teaches the system of Claim 1. In addition, the combination of Scrimo and Lang teaches obtaining a second recognition result (Scrimo, ¶ [0095]: “it is determined that the tracking markers indicate a physical location, in space, associated with the input command”. Scrimo teaches determining position of recognized marker) by executing image recognition on the surgical scene image, wherein the second recognition result is used to represent a relative position of the identifier in a preset space, or (The Examine notes since a listing with “or” is disjunctive, any one of the elements found in the prior art is sufficient to reject the claim. While citations have been provided for completeness and rapid prosecution, only one element is required) represent a relative distance between the identifier and a preset target (Scrimo, ¶ [0095]: “The physical location in space that is associated with the input command may be a physical point which may be defined, for example, relative to another point in space, which may be a point that is statically positioned or dynamically positioned (e.g., it this reference point may dynamically move in the space)”; see method in FIG. 9;); based on the first recognition result and the second recognition result, obtaining the corresponding interaction instruction. (Scrimo, ¶ [0095]. Scrimo teaches recognizing tracking marker, then determine its relative position to a reference point, or preset target; the input command for the device is determined accordingly based on the marker and its position)
CLAIM 5
In regards to Claim 5, the combination of Scrimo and Lang teaches the system of Claim 1. In addition, the combination of Scrimo and Lang teaches obtaining a third recognition result by executing image recognition on the surgical scene image, wherein the third recognition result is used to represent an orientation (Scrimo, ¶ [0133 and 0136-0137]: “the medical electronic device determines … an angular orientation of the pointer tool … the orientation of the movable tracking marker relative to the orientation of the fixed tracking markers may be varied in order to issue an input command”. Scrimo teaches detecting, tracking a pointer tool, and determining orientation of tracked pointer tool. Scrimo also teaches determining orientation between two markers) and/or (The Examine notes since a listing with “or” is disjunctive, any one of the elements found in the prior art is sufficient to reject the claim. While citations have been provided for completeness and rapid prosecution, only one element is required) angle of the identifier; based on the first recognition result and the third recognition result, obtaining the corresponding interaction instruction. (Scrimo, ¶ [0133 and 0136-0137]: “The medical electronic device may associate a separate input command with a left-of-center orientation than with a right-of-center orientation…a first input command is defined by assigning a first orientation…a second input command may also be defined by assigning a second orientation…” Scrimo teaches different orientation of markers can generate different input command.)
CLAIM 7
In regards to Claim 7, the combination of Scrimo and Lang teaches the system of Claim 1. In addition, the combination of Scrimo and Lang teaches obtaining a fifth recognition result by executing image recognition on the surgical scene image, wherein the fifth recognition result is used to represent an absolute motion trajectory (Scrimo, ¶ [0115]: “the input command is configured by defining a path associated with a virtual dial…The medical electronic device records this path (e.g., by recording information about the physical location in space that defines this path)”, ¶ [0095]: “The physical location in space that is associated with the input command may be a physical point which may be defined, for example, relative to another point in space, which may be a point that is statically positioned or dynamically positioned”) or (The Examine notes since a listing with “or” is disjunctive, any one of the elements found in the prior art is sufficient to reject the claim. While citations have been provided for completeness and rapid prosecution, only one element is required.) a relative motion trajectory of the identifier, wherein the absolute motion trajectory is a motion trajectory of the identifier relative to a stationary object, and the relative motion trajectory is a motion trajectory of the identifier relative to a set person; based on the first recognition result and the fifth recognition result, obtaining the corresponding interaction instruction. (Scrimo, ¶ [0115-0117]: “After the virtual dial has been defined, the operator may interact with the virtual dial to issue input commands to the medical electronic device…activation in a first direction may be associated with an input command to increase a parameter (e.g., volume), while activation in the second direction may be associated with an input command to decrease that parameter”. Scrimo teaches operator can issue input commands, such as adjusting volume, using recognition of markers and the movement of recognized markers between two terminal points.)
CLAIM 8
In regards to Claim 8, Scrimo teaches an information interaction method for a surgical navigation system (Scrimo, ¶ [0005]: “a method performed by a processor for adjusting an operating state of a medical electronic device”), characterized in, comprising: obtaining a surgical scene image (Scrimo, ¶ [0079-0080]: “patient image”, see FIG. 7, image of a surgical area is captured);
executing image recognition on the surgical scene image to obtain a first recognition result (Scrimo, ¶ [0087]: “The controller…an optical tracking system, that is configured to detect one or more tracking markers… The tracking markers may, for example, be tracking spheres that are recognizable by a tracking camera…”), wherein the first recognition result is used to represent an identifier contained in the surgical scene image obtained by the recognition; (Scrimo, ¶ [0087]. See above. Tracking markers are detected and tracked by the tracking system)
based on the first recognition result, obtaining a corresponding interaction instruction. (Scrimo, ¶ [0089-0090 and 0100-0101]: “The operating state may, for example, be a particular mode, function, or operation on the medical electronic device and the input command may, for example, be a selection command, a command to modify or set a parameter value…assigning a specific operating state of the medical electronic device to a particular state of at least one of the tracking markers. The particular state of the tracking marker(s) is a physical state of the tracking marker(s), such as a specific physical location in space or a “covered” state, which is found to exist when the tracking marker(s) is covered”. Scrimo teaches the medical electronic device may perform various operations depends on physical state of detected markers)
a plurality of identifiers are disposed in the surgical scene, including a second identifier disposed on a surgical device (Scrimo, ¶ [0087]: “ at least some of the tracking markers may be provided on a pointer tool 702 (FIG. 7) or another tracked medical instrument”)
Scrimo does not explicitly disclose obtaining a surgical scene image of a surgical scene by a camera of a headwear device ;a plurality of identifiers are disposed in the surgical scene, including a first identifier disposed on an operating table and a second identifier disposed on a surgical device, and when the first identifier is recognized on the surgical scene image, at least one of the following interaction instructions is obtained: triggering surgical area initialization and entering an alignment stage.
Lang is in the same field of art of marker-based surgical navigation system. Further, Lang teaches obtaining a surgical scene image of a surgical scene (Lang, ¶ [0156]: “Non-see through optical head mounted displays can be used, for example, with one or more image or video capture systems (e.g. cameras) or 3D scanners to image the live data of the patient, e.g. a skin, a subcutaneous tissue, a surgical site”) by a camera of a headwear device (Lang, ¶ [0009 and 0054]: “the head mounted (HMD) is a see through optical head mounted display (OHMD). In some embodiments, an optical see through HMD is used. In some embodiments, a video see through HMD can be used, for example with a camera integrated into, attached to…”); a plurality of identifiers are disposed in the surgical scene, including a first identifier disposed on an operating table (Lang, ¶ [0083 and 0450]: “ one or more optical markers attached to the patient's joint, the operating room table…”) and a second identifier disposed on a surgical device (Lang, ¶ [0050 and 0165]: “FIG. 13 shows an illustrative, non-limiting example of a surgical instrument with multiple optical markers attached for tracking … One or more optical markers can be applied to a physical tool”; see FIG. 13), and when the first identifier is recognized on the surgical scene image, at least one of the following interaction instructions is obtained: triggering (Lang, ¶ [0427]: “The detection of one or more surfaces with geometric patterns or one or more portions of geometric patterns, e.g. on a 2D optical marker or a 3D optical marker, can be used to trigger one or more computer demands.” Lang teaches triggering computer command based on marker recognition) surgical area initialization and entering an alignment stage. (Lang, ¶ [0325-0327 and 0450-0452]: “for example an anatomic structure within the surgical site or near the surgical sites, and/or can be referenced to or based on a marker attached to the OR table … Changes in the position of the 3D scanner or laser scanner attached to or integrated into the OHMD relative to the optical markers, e.g. with geometric patterns, LED's, IMU's, calibration phantoms or reference phantoms attached to the external environment, e.g. the ceiling, the wall, the OR table, a stand, or a tripod, can also be used to intermittently, continuously, or in real time determine the position and/or orientation and/or coordinates of the OHMD” Lang teaches registering surgical site with an fixed-position marker, and continuously determine position and orientation and coordinate of the head-mounted device with the tracker.)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scrimo by incorporating the head-mounted device that is taught by Lang, to make an optical tracking system with additional cameras from a head-mounted device; thus, one of ordinary skilled in the art would be motivated to combine the references since among its several aspects, the present invention recognizes there is a need to improve the tracking capability of the system by additional camera from head-mounted device (Lang, ¶ [0009]: “the system comprises at least one camera integrated into or attached to the see through optical head mounted display. In some embodiments, at least one camera is separate from the optical head mounted display. In some embodiments, the one or more cameras are configured to determine the position, orientation, or position and orientation of the marker. In some embodiments, the one or more cameras are configured to determine one or more coordinates of the marker”).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
CLAIM 9
In regards to Claim 9, the combination of Scrimo and Lang teaches an electronic device (Scrimo, ¶ [0004]: “a system for adjusting an operating state of a medical electronic device”), comprising a memory and a processor (Scrimo, ¶ [0005-0006]: “a processor … a non-transitory processor-readable storage medium”), the memory used to store computer instructions, characterized in that the computer instructions are executed by the processor (Scrimo, ¶ [0006]: “the non-transitory processor-readable storage medium includes processor-executable instructions”) to implement the method according to claim 8. (see rejection of claim 8)
CLAIM 10
In regards to Claim 10, the combination of Scrimo and Lang teaches a readable storage medium with the computer instructions stored thereon characterized in that when the computer instructions are executed by a processor (Scrimo, ¶ [0005-0006]: “a processor … a non-transitory processor-readable storage medium… the non-transitory processor-readable storage medium includes processor-executable instructions”), the method according to claim 8 is implemented. (see rejection of claim 8)
CLAIM 2
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scrimo in view of Lang, and further in view of Tokuda et al. (US-20170000581-A1, hereinafter Tokuda).
In regards to Claim 2, the combination of Scrimo and Lang teaches the device of Claim 1.
The combination of Scrimo and Lang does not explicitly disclose extracting an image feature of the surgical scene image; determining the first recognition result based on a similarity between the image feature of the surgical scene image and an image feature of the identifier.
Tokuda is in the same field of art of marker-based surgical navigation system. Further, Tokuda teaches extracting an image feature of the surgical scene image (Tokuda, ¶ [0074]: “where a first-order derivative of a Gaussian is computed at each voxel to extract the edges of objects on the image. After the Canny edge detections, any shapes on the image are contoured and thus can be examined in the following step to detect specific shape”, [0080-0084]: “Feature Extraction. Next, the image objects with the shapes of fiducial markers are detected using a shape-based feature extraction… The Hough transform algorithm is widely used to extract image objects with a specific shape represented by a set of parameters, such as straight lines, circles, and ellipses. The algorithm can be applied to the detection of spherical object in a 3D image”); determining the first recognition result based on a similarity between the image feature of the surgical scene image and an image feature of the identifier. (Tokuda, ¶ [0083]: “Another example of feature extraction is template matching. In this approach, a small image of the target shape called template image is used. The image similarity between the template image and the given image was evaluated at every point. Points that have high similarities are identified as the center of detected features.”)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scrimo and Lang by incorporating feature-based detection method that is taught by Tokuda, to make a system to detect object based on feature similarity; thus, one of ordinary skilled in the art would be motivated to combine the references since among its several aspects, the present invention recognizes there is a need to improve the performance of detecting markers (Tokuda, ¶ [0073]: “One may enhance image objects with the shape of spherical markers to improve the success rate of marker detection by feature extraction in the following step”).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
CLAIM 6
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scrimo in view of Lang, and further in view of Lang (US-20210192759-A1, filed 2020, hereinafter Lang_759).
In regards to Claim 1, the combination of Scrimo and Lang teaches the system of Claim 1.
The combination of Scrimo and Lang does not explicitly disclose obtaining a fourth recognition result by executing image recognition on the surgical scene image, wherein the fourth recognition result is used to represent a degree to which the identifier is obscured; based on the first recognition result and the fourth recognition result, obtaining the corresponding interaction instruction.
Lang_759 is in the same field of art of surgical navigation system. Further, Lang_759 teaches obtaining a fourth recognition result by executing image recognition on the surgical scene image, wherein the fourth recognition result is used to represent a degree to which the identifier is obscured (Lang_759, ¶ [0403]: “Optical markers can be hidden or removed. The hiding or removal of an optical marker can be used to trigger a computer command… The hiding or removal can include hiding or removing only a portion of the optical marker”); based on the first recognition result and the fourth recognition result, obtaining the corresponding interaction instruction. (Lang_759, ¶ [0403]: “the hiding or removal can trigger a command. The command can, for example, be to initiate a different display, to magnify or minify a display, to highlight certain structures or virtual features, to display a different surgical step, … Un-hiding the optical marker can be used to reverse the command” Lang_759 teaches recognition of markers and their hiding or un-hiding can trigger commands)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Scrimo and Lang by incorporating the method of giving command using optical markers that is taught by Lang, to make a surgical system that can be commanded with optical markers; thus, one of ordinary skilled in the art would be motivated to combine the references since among its several aspects, the present invention recognizes there is a need for a touchless command method to maintain sterility (Lang_759, [0232]: “execute commands without use of the hands and thereby maintaining sterility.”).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHUT HUY (JEREMY) PHAM whose telephone number is (703)756-5797. The examiner can normally be reached Mo - Fr. 8:30am - 6pm ET.
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NHUT HUY (JEREMY) PHAMExaminerArt Unit 2674
/ONEAL R MISTRY/Supervisory Patent Examiner, Art Unit 2674