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
Applicant’s amendments filed on 18 May 2026 have been entered. Claims 1, 5, 8, 15, 18 and 25, 27-29 have been amended. Claim 30 has been added. Claims 1-2, 5-8, 15 and 18-30 are still pending in this application with claims 1, 18, 25 and 30 being independent.
Terminal Disclaimer
The terminal disclaimer filed on 28 May 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 11237627 B2 have been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Objections
Claim 28 is objected to because of the following informalities:
Claim 28 recites “28. (Original)”. It should read “28. (Currently Amended)”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 2, 5-8, 15 and 18-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,989,341
. Although the claims at issue are not identical, they are not patentably distinct from each other because they are broader in scope as compared below:
Present claims
Patent No. 11,989,341
1. (Currently Amended) A method, comprising:
identifying one or more optical codes associated with a body of a person using an optical sensor of an AR headset, wherein an optical code has an image visible marker that includes an image visible contrast medium in tubing or an enclosed container in a fixed position relative to the optical code;
identifying the image visible marker with the image visible contrast medium in the tubing or the enclosed container in [[the ]] an image data set acquired using a medical imaging device; and
aligning the image data set with the body of the person using one or more optical codes on the body of the person as viewed through the AR headset and using the fixed position of the image visible marker.
1. A method, comprising:
identifying one or more optical codes associated with a body of a person using a sensor of an AR (augmented reality) headset, wherein an optical code for the body of the person has an image visible marker that includes an image visible contrast medium in a container in a position relative to the optical code;
identifying the image visible marker with the image visible contrast medium in the container in an image data set acquired using a medical imaging device; and
aligning the image data set with the body of the person using one or more optical codes as viewed through the AR headset and using the image visible marker with respect to the optical code as referenced to a representation of the image visible marker in the image data set.
4. (Original) The method of claim 2, wherein the image visible contrast medium is encapsulated in a tubing of a defined length or a tubing of variable length.
2. (Previously Presented) The method of claim 1, further wherein the image visible contrast medium is an MRI (magnetic resonance imaging) visible contrast medium or a paramagnetic fluid.
2. The method of claim 1, further wherein the image visible contrast medium is an MRI (magnetic resonance imaging) visible contrast medium.
3. The method of claim 2, wherein the image visible contrast medium is a paramagnetic fluid.
5. (Currently Amended) The method of claim 1, wherein a defined length of the tubing identifies an optical code with a defined 2D data encoding that is visible using the optical sensor of the AR headset.
5. The method of claim 4, wherein the defined length of the tubing identifies an optical code with a defined 2D data encoding that is visible using an optical sensor of the AR headset.
6. (Original) The method of claim 5 further comprising associating the defined length of the tubing with an optical code visible using the optical sensor of the AR headset by linking the defined length of tubing with the optical code in a data store.
6. The method of claim 5 further comprising associating the defined length of the tubing with an optical code visible using the optical sensor of the AR headset by linking the defined length of the tubing with the optical code in a data store.
7. (Original) The method as in claim 1, wherein the tubing is a shaped tubing in a shape of at least one of: a line, a cross formation, concentric circles, or a grid formation.
7. The method as in claim 4, wherein the tubing is a shaped tubing in a shape of at least one of: a line, a cross formation, concentric circles, or a grid formation.
8. (Currently Amended) The method as in claim 1, wherein the tubing has two dimensional (2D) cross- sectional shape that is at least one of: round, triangular, square, rectangular, elliptical, hexagonal, octagonal, oval, or polygonal.
8. The method as in claim 4, wherein the tubing has two dimensional (2D) cross-sectional shape that is at least one of: round, triangular, square, rectangular, elliptical, hexagonal, octagonal, oval, or polygonal.
15. (Currently Amended) The method as in claim 1, further comprising filling the plastic tubing with the image visible contrast medium that is an MRI (magnetic resonance imaging) visible contrast medium or a paramagnetic fluid.
2. The method of claim 1, further wherein the image visible contrast medium is an MRI (magnetic resonance imaging) visible contrast medium.
3. The method of claim 2, wherein the image visible contrast medium is a paramagnetic fluid.
12. The method of claim 4, wherein the tubing is at least one of: plastic tubing, glass, or a non-metal tubing.
18. (Currently Amended) A method, comprising:
identifying one or more optical codes associated with a body of a person, wherein an optical code has an image visible marker which is located in a fixed position relative to the optical code;
identifying a known size of a geometric attribute of the image visible marker;
comparing a measured size of the geometric attribute of the image visible marker in an image data set to the known size of a geometric attribute of an image visible marker to determine a computed difference in size; and
modifying a scaling of the image data set as viewed through an AR headset and the image visible marker, based at least in part on the computed difference in size.
13. A method, comprising:
identifying one or more optical codes associated with a body of a person, wherein an optical code for the body of the person has an image visible marker which is located in a position relative to the optical code;
identifying a known size of a geometric attribute of the image visible marker, which appears in an image data set;
comparing a measured size of the geometric attribute of the image visible marker in the image data set to the known size of a geometric attribute of an image visible marker to determine a computed difference in size between the measured size and the known size of the geometric attribute of the image visible marker in the image data set; and
modifying a scaling of the image data set as viewed through an AR (augmented reality) headset using the image visible marker, based at least in part on the computed difference in size.
11. The method of claim 1, further comprising retrieving the image data set automatically for the body of the person using one or more optical codes on the body of the person.
19. (Original) The method as in claim 18, further comprising increasing or decreasing the scaling of the image data set to match the measured size of the geometric attribute of the image visible marker in the image data set to the known size of the geometric attribute of the image visible marker.
14. The method as in claim 13, further comprising increasing or decreasing the scaling of the image data set to match the measured size of the geometric attribute of the image visible marker in the image data set to the known size of the geometric attribute of the image visible marker.
20. (Original) The method as in claim 18, further comprising increasing the scaling of the image data set as viewed through the AR headset where the known size of the optical code is greater than the measured size of the image visible marker in the image data set.
15. The method as in claim 13, further comprising increasing the scaling of the image data set as viewed through the AR headset where the known size of the optical code is greater than the measured size of the image visible marker in the image data set.
21. (Original) The method as in claim 18, further comprising decreasing the scaling of the image data set as viewed through the AR headset where the known size of the optical code is smaller than the measured size of the image visible marker in the image data set.
16. The method as in claim 13, further comprising decreasing the scaling of the image data set as viewed through the AR headset where the known size of the optical code is smaller than the measured size of the image visible marker in the image data set.
22. (Original) The method as in claim 18, wherein the size of the geometric attribute is a pre- measured value stored in a data store accessible to the AR headset.
17. The method as in claim 13, wherein the size of the geometric attribute is a pre-measured value stored in a data store accessible to the AR headset.
23. (Original) The method as in claim 18, wherein the size of the geometric attribute is measured from an image visible marker that is visible on a person's body acquired by the AR headset.
18. The method as in claim 13, wherein the size of the geometric attribute is measured from an image visible marker that is visible on a person's body acquired by the AR headset.
24. (Original) The method as in claim 18, wherein the geometric attribute of the optical code is at least one of: a length of a tubing of a paramagnetic marker, a distance between two metallic markers with of the optical code, a radius encompassing multiple metallic markers of the optical code, a diameter of the image visible marker, or a geometric measurement of the image visible marker.
19. The method as in claim 13, wherein the geometric attribute of the optical code is at least one of: a length of a tubing of a paramagnetic marker, a distance between two metallic markers with the optical code, a radius encompassing multiple metallic markers of the optical code, a diameter of the image visible marker, or a geometric measurement of the image visible marker.
25. (Currently Amended) A method, comprising:
identifying one or more optical codes associated with a body of a person, wherein an optical code for the body of the person is located in a fixed position relative to an image visible marker;
identifying one or more edges of an optical code and a center point of the optical code using the one or more edges of the optical code; and
aligning an image data set with the body of the person using the center point of the optical code and the image visible marker.
20. A method, comprising:
identifying one or more optical codes associated with a body of a person using a sensor of an AR (augmented reality) headset, wherein an optical code is located in a position relative to an image visible marker;
identifying one or more edges of an optical code;
identifying a center point of the optical code using the one or more edges of the optical code; and
aligning an image data set with the body of the person based at least in part on the center point of the optical code and the position of the image visible marker relative to the optical code.
26. (Original) The method as in claim 25, wherein the center point is a computed centroid of the optical code.
21. The method as in claim 20, wherein the center point is a computed centroid of the optical code.
27. (Currently Amended) The method as in claim 25, further comprising:
calculating a first line between a first point on the edge of the optical code and a second point on edge of the optical code to form a first diagonal of the optical code;
computing a second line between a third point on the edge and a fourth point on the edge of the optical code which forms a second diagonal of the optical code and intersects the first line;
and identifying a center point of the optical code where the first line and second line intersect.
22. The method as in claim 20, further comprising:
calculating a first line between a first point on an edge of the optical code and a second point on edge of the optical code to form a first diagonal of the optical code;
computing a second line between a third point on the edge and a fourth point on the edge of the optical code which forms a second diagonal of the optical code and intersects the first line; and
identifying a center point of the optical code where the first line and second line intersect.
28. (Currently Amended)The method as in claim 25, further comprising:
finding the center points of a plurality of optical codes in the visual image data;
calculating an average center point of the center points of the plurality of optical codes;
and aligning the image data set with a body of a person using the average center point of the plurality of optical codes.
23. A method, comprising:
identifying a plurality of optical codes associated with a body of a person using a sensor of the AR (augmented reality) headset, wherein the optical codes for the body of the person are positioned relative to an image visible marker;
identifying one or more edges of the plurality of optical codes;
finding center points of a plurality of optical codes using the one or more edges of the optical codes;
calculating an average center point of the center points of the plurality of optical codes; and
aligning an image data set with the body of the person using the AR headset, the average center point of the plurality of optical codes and image visible markers.
29. (Currently Amended) The method as in claim 25, further comprising determining a location for displaying the image data set through an AR headset by using the center point of optical code as referenced to the image visible marker and a fixed distance between the center point of the optical code and the image visible marker.
24. The method as in claim 23, further comprising determining a location for displaying the image data set through the AR headset by using the average center point of the plurality of optical codes as referenced to image visible markers, wherein there is a fixed distance between a center point of each optical code and each image visible marker.
30. (New) A method, comprising:
identifying a plurality of optical codes associated with a body of a person, using an AR (augmented reality) headset, wherein the optical codes are in a fixed position relative to an image visible marker;
finding center points of a plurality of optical codes using one or more edges of the optical codes;
calculating an average center point of the center points of the plurality of optical codes; and
aligning an image data set with the body of the person using the AR headset, the average center point of the plurality of optical codes and image visible markers.
23. A method, comprising:
identifying a plurality of optical codes associated with a body of a person using a sensor of the AR (augmented reality) headset, wherein the optical codes for the body of the person are positioned relative to an image visible marker;
identifying one or more edges of the plurality of optical codes;
finding center points of a plurality of optical codes using the one or more edges of the optical codes;
calculating an average center point of the center points of the plurality of optical codes; and
aligning an image data set with the body of the person using the AR headset, the average center point of the plurality of optical codes and image visible markers.
Allowable Subject Matter
Claims 1, 2, 5-8, 15 and 18-30 are allowed over prior art.
The following is an examiner’s statement of reasons for allowance:
Ofek et al. (US 2009/0078772) discloses a method enhancing decoding images in which alignment pattern (Figure 1, item 121) is used to align an optical code (101), and additional patterns (111).
Finn et al. (US 2014/0210856) discloses a method of overlaying a 3D model to a real scene using a marker (Figure 5E, item 530); the marker has a center marker point (532) at the center of the QR code (531).
Stolka et al. (US 2017/0116729) discloses using a plurality of markers are used to track and register a graph to a 3D image data (Figure 6).
Mahmood et al. (US 2017/0296292) discloses a method aligning a 3D model of a brain to a real brain using a system of fiducial markers (Figure 4).
The closest prior art by Ofek et al. (US 2009/0078772), Finn et al. (US 2014/0210856), Stolka et al. (US 2017/0116729) and Mahmood et al. (US 2017/0296292) do not explicitly teach
(claim 1) wherein an optical code has an image visible marker that includes an image visible contrast medium in tubing or an enclosed container in a fixed position relative to the optical code;
identifying the image visible marker with the image visible contrast medium in the tubing or the enclosed container in [[the ]] an image data set acquired using a medical imaging device; and
aligning the image data set with the body of the person using one or more optical codes on the body of the person as viewed through the AR headset and using the fixed position of the image visible marker.
(claim 18) identifying a known size of a geometric attribute of the image visible marker;
comparing a measured size of the geometric attribute of the image visible marker in an image data set to the known size of a geometric attribute of an image visible marker to determine a computed difference in size; and
modifying a scaling of the image data set as viewed through an AR headset and the image visible marker, based at least in part on the computed difference in size.
(claim 25) identifying one or more edges of an optical code and a center point of the optical code using the one or more edges of the optical code; and
aligning an image data set with the body of the person using the center point of the optical code and the image visible marker.
(claim 30) wherein the optical codes are in a fixed position relative to an image visible marker;
finding center points of a plurality of optical codes using one or more edges of the optical codes;
calculating an average center point of the center points of the plurality of optical codes; and
aligning an image data set with the body of the person using the AR headset, the average center point of the plurality of optical codes and image visible markers.
Response to Arguments
Applicant’s arguments, see page 1, filed on 18 May 2026, with respect to double patenting rejections over claims 1-24 of patent 11,237,627 have been fully considered and are persuasive. The rejections of 18 November 2025 has been withdrawn. However, the double patenting rejections over claims 1-24 of U.S. Patent No. 11,989,341 is maintained as no response is received to this rejection.
Applicant’s arguments, see page 1, filed on 18 May 2026, with respect to claim objections have been fully considered and are persuasive. The objections of 18 November 2025 has been withdrawn.
Applicant’s arguments, see page 1, filed on 18 May 2026, with respect to claim rejections under 112(b) have been fully considered and are persuasive. The 112(b) rejections of 18 November 2025 has been withdrawn.
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 Samantha (Yuehan) Wang whose telephone number is (571)270-5011. The examiner can normally be reached Monday-Friday, 8am-5pm.
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, King Poon can be reached at (571)272-7440. 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.
/Samantha (YUEHAN) WANG/
Primary Examiner
Art Unit 2617
Prosecution Insights