Prosecution Insights
Last updated: September 26, 2026
Application No. 19/475,902

OPTICAL TRACKING SYSTEMS

Non-Final OA §102
Filed
Oct 16, 2025
Priority
Apr 20, 2023 — provisional 63/460,658 +1 more
Examiner
CWERN, JONATHAN
Art Unit
3797
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Beyeonics Surgical Ltd.
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
3y 0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
419 granted / 825 resolved
-19.2% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 12m
Avg Prosecution
27 currently pending
Career history
864
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
27.6%
-12.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 825 resolved cases

Office Action

§102
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 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chiou (US 12053247). Chiou shows an optical tracking system and method (abstract) comprising: a first, second, and third optical tracking units (column 118, lines 8-25; column 128, lines 45-55); and one or more processors communicatively associated with the tracking units (column 117, lines 60-65); wherein each of the tracking units comprises an optical sensor and a visual indicator (column 119, lines 1-35; column 130, lines 15-35; column 75, lines 5-60); wherein the first and second tracking units are configured to be fixed relative to one another (column 119, lines 10-40); and wherein the one or more processors are configured to determine, when the first and second tracking units are fixed relative to one another, a relative pose between a first coordinate system, which is associated with the first and second tracking units, and a second coordinate system, which is associated with the third tracking unit (column 107, lines 40-55; column 110, lines 10-20; column 55, lines 15-60), based at least on: information indicative of a pose of each of the first and second tracking units in the first coordinate system (column 118, lines 10-25; column 120, lines 20-30; column 35, lines 25-65); a first data set indicative of at least one direction in the first coordinate system from the optical sensor of the first tracking unit and/or the optical sensor of the second tracking unit towards the visual indicator of the third tracking unit (fiducial markers on HMD, patient, tools allows for measuring their position, location, orientation, direction of movement/speed in relation to one another; column 109, lines 30-35; column 110, lines 10-20; column 102, lines 40-60; column 54, lines 5-20); and a second data set indicative of two directions in the second coordinate system from the optical sensor of the third tracking unit towards the visual indicator of the first tracking unit and the visual indicator of the second tracking unit (fiducial markers on HMD, patient, tools allows for measuring their position, location, orientation, direction of movement/speed in relation to one another; column 109, lines 30-35; column 110, lines 10-20; column 102, lines 40-60; column 54, lines 5-20). Chiou also shows wherein each of the first data set and the second data set comprises at least one of: blob data and image data (column 118, lines 20-25; column 120, lines 18-25); wherein the one or more processors are further configured to determine, based on the first and second data sets, at least one direction from at least one of the optical sensors towards at least one of the visual indicators (column 109, lines 30-35; column 102, lines 40-60; column 100, lines 10-20; column 85, lines 35-60); wherein the one or more processors are further configured to select from the first and second tracking units, whether both thereof, or which thereof, are used to obtain the first data set (column 120, lines 18-40); wherein each of the optical sensors is selected from a pixel array sensor, a CMOS sensor, a CCD sensor, a pair of linear sensor arrays, a 2D lateral effect position sensor, a photodiode array position sensor, a segmented photodetector, a quadrant position-sensing detector, a position-sensitive detector, and a light sensitive element (column 119, lines 1-10; column 130, lines 15-35); wherein each of the visual indicators comprises a light emitting diode (LED) or a reflector (column 119, lines 1-10; column 98, line 55-column 99, line 10); wherein the tracking units are fabricated to be similar with respect to one or more of size, dimensions, type of optical sensor, type of visual indicator, type of communication unit, communication protocol, and/or functionality (column 119, lines 1-10); wherein the first and second tracking units are configured to be fixed relative to one of: a head mounted display (HMD), a surgical microscope, a surgical exoscope, a surgical robot, a surgical robotic arm, an imaging device, a surgical light (column 117 line 60-column 118, line 25); wherein the third tracking unit is configured to be fixed relative to one of: a hand-held tool, a subject, an anatomical site, a camera, an endoscope, a laparoscope (column 117, line 60-column 118, line 25); wherein the information indicative of the relative pose between the first and second tracking units is predetermined (column 119, lines 10-40); wherein the first and second tracking units are permanently attached to an object (column 119, lines 10-40); wherein the one or more processors are further configured to implement a calibration stage wherein the relative pose between the first and second tracking units is computed (column 122, lines 55-65; column 73, lines 10-45); wherein the information indicative of a pose of each of the first and second tracking units in the first coordinate system comprises previously acquired first and second data sets (column 78, lines 1-10; column 78, lines 55-65); wherein the information indicative of a pose of each of the first and second tracking units in the first coordinate system is based on an accurate mounting mechanism (column 78, lines 55-65; column 119, lines 10-40). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Alzaga (US 2022/0022964) discloses systems for displaying augmented reality, including tracking a plurality of optical fiducial markers on an HMD and surgical tools ([0056], [0087]); Black (US 2022/0270300) discloses systems for augmented reality, including tracking a plurality of optical fiducial markers on an HMD and surgical tools ([0010]); Kaseberg (US 2022/0370147) discloses systems for user guidance in surgical tracking systems, including tracking a plurality of optical fiducial markers on an HMD and surgical tools ([0079]); Palushi (US 2021/0121238) discloses visualization systems including tracking optical fiducials ([0057], [0085]); Wassall (US 2021/0244479) discloses optical tool tracking for computer assisted surgery, including tracking optical fiducials on tools ([0177]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN CWERN whose telephone number is (571)270-1560. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm. 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, Christopher Koharski can be reached at (571) 272-7230. 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. /JONATHAN CWERN/ Primary Examiner, Art Unit 3797
Read full office action

Prosecution Timeline

Oct 16, 2025
Application Filed
Sep 17, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
51%
Grant Probability
84%
With Interview (+33.3%)
3y 12m (~3y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 825 resolved cases by this examiner. Grant probability derived from career allowance rate.

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