DETAILED ACTION
Allowable Subject Matter
Claims 4-6 and 8-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 7, and 15 is/are rejected under 35 U.S.C. 102a2 as being anticipated by US Patent Pub. 2021/0382559 A1 to Segev et al (“Segev”).
As to claim 1, Segev discloses a medical viewing device to be worn by a user, the medical viewing device (See Fig. 1, 102) configured to:
obtain visual information about an environment from a medical observation device (See Fig. 5D, 510; ¶ 0323-0326; Segev discloses displaying a virtual screen 510 for providing pre-operative data to a user 120);
obtain visual information about the environment from a camera (See Fig. 5D, 508; ¶ 0326, “Virtual screen 508 displays the live image feed acquired by cameras 140A and 140B”); and
display to the user the environment in two or more different modes, the two or more different modes including an observation mode (508) and a first awareness mode (510);
wherein in the observation mode, the medical viewing device provides a first view from the medical observation device (See Fig. 5D, 508; ¶ 0323-0326); and
wherein in the first awareness mode, the medical viewing device provides a second view from the camera (See Fig. 5D, 510; ¶ 0323-0326).
As to claim 3, Segev discloses further configured to obtain information from one or more external cameras (See Fig. 1, 112; ¶ 0131, 0178; Segev discloses a camera system 112 that provides a live feed view that is displayed by 508 in Fig. 5.).
As to claim 7, Segev discloses further configured to switch between the two or more modes based on a gesture by the user (See Fig. 4B; Segev discloses system mode menu 400 that allows a user to select different modes.).
As to claim 15, the same rejection or discussion is used as in the rejection of claim 1.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Pub. 2021/0382559 A1 to Segev et al (“Segev”) in view of US Patent Pub. 2025/0295468 A1 to Herrmann et al (“Herrmann”).
As to claim 2, Segev fails to disclose a medical viewing device comprising the camera.
Herrmann discloses a medical viewing device comprising the camera (Fig. 2, 200, camera 214).
Before the effective filing date, it would have been obvious to one of ordinary skill in the art to have modified Segev with the teachings of Herrmann of a medical viewing device comprising the camera, as suggested by Herrmann thereby similarly using known configurations of HMDs with cameras for providing environment view to the user.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Pub. 2021/0382559 A1 to Segev et al (“Segev”) in view of US Patent Pub.2022/0287676 A1 to Steines et al (“Steines”).
As to claim 14, Segev fails to disclose wherein the medical viewing device is configured such that a peripheral vision of the user is unobstructed by the medical viewing device.
Steines discloses wherein the medical viewing device is configured such that a peripheral vision of the user is unobstructed by the medical viewing device (See Fig. 6A, 1610).
Before the effective filing date, it would have been obvious to one of ordinary skill in the art to have modified Segev with the teachings of Steines wherein the medical viewing device is configured such that a peripheral vision of the user is unobstructed by the medical viewing device, as suggested by Steines thereby similarly using known configurations of HMDs such that periphery view of the user is unobstructed allowing a user view their surroundings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LEE whose telephone number is (571)270-7354. The examiner can normally be reached Mon-Fri 10-6PM.
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, Matthew Eason can be reached at 571-270-7230. 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.
/NICHOLAS J LEE/Primary Examiner, Art Unit 2624
Prosecution Insights