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`
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`!
`
`--,it
`
`4
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`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`ISSUE DATE
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/894,595
`
`11/12/2019
`
`10475244
`
`N3039.10001US02
`
`6313
`
`97149
`7590
`Maschoff Brennan
`1389 Center Drive, Suite 300
`Park City, UT 84098
`
`10/23/2019
`
`ISSUE NOTIFICATION
`
`The projected patent number and issue date are specified above.
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day(s). Any patent to issue from the above-identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office
`of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments
`should be directed to the Application Assistance Unit (AAU) of the Office of Data Management (ODM) at
`(571)-272-4200.
`
`APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):
`
`Steven Cvetko, Draper, UT;
`Novarad Corporation, American Fork, UT;
`Wendell Arlen Gibby, Mapleton, UT;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`IR103 (Rev. 10/09)
`
`Medivis Exhibit 1003
`
`1
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
`/
`r"
`b3At,,,\
`(4 , A\
`
`.-.4—'1. ''‘‘
`....
`-?_._
`I%
`INtNT„,co,
`
`ev
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`7590
`97149
`Maschoff Brennan
`1389 Center Drive, Suite 300
`Park City, UT 84098
`
`09/17/2019
`
`EXAMINER
`
`GRAY, RYAN M
`
`ART UNIT
`
`PAPER NUMBER
`
`2611
`
`DATE MAILED: 09/17/2019
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/894,595
`
`02/12/2018
`
`Steven Cvetko
`
`N3039.10001US02
`
`6313
`
`TITLE OF INVENTION: AUGMENTING REAL-TIME VIEWS OF A PATIENT WITH THREE-DIMENSIONAL DATA
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`SMALL
`
`$500
`
`$0.00
`
`$0.00
`
`$500
`
`12/17/2019
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE MAILING
`DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD
`CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT
`FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN
`THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST
`TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shown above.
`
`If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled
`"Change in Entity Status (from status indicated above)".
`
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to Mail
`Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Maintenance fees are due in utility patents issuing on applications filed on or after Dec. 12, 1980.
`It is patentee's responsibility to ensure timely payment of maintenance fees when due. More information is available at
`www.uspto.gov/PatentMaintenanceFees.
`
`Page 1 of 3
`
`PTOL-85 (Rev. 02/11)
`
`Medivis Exhibit 1003
`
`2
`
`
`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`By mail, send to: Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`By fax, send to:
`
`(571)-273-2885
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where appropriate. All
`further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated unless corrected
`below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for maintenance fee notifications.
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being transmitted to
`the USPTO via EFS-Web or by facsimile to (571) 273-2885, on the date below.
`(Typed or printed name)
`
`7590
`97149
`Maschoff Brennan
`1389 Center Drive, Suite 300
`Park City, UT 84098
`
`09/17/2019
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/894,595
`
`02/12/2018
`
`Steven Cvetko
`
`N3039.10001US02
`
`6313
`
`TITLE OF INVENTION: AUGMENTING REAL-TIME VIEWS OF A PATIENT WITH THREE-DIMENSIONAL DATA
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`SMALL
`
`$500
`
`$0.00
`
`$0.00
`
`$500
`
`12/17/2019
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`GRAY, RYAN M
`
`2611
`
`345-426000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`
`q Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`
`2. For printing on the patent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) The name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`1
`
`2
`
`3
`
`q "Fee Address" indication (or "Fee Address" Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`Number is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document must have been previously
`recorded, or filed for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute for filing an assignment.
`
`(A) NAME OF ASSIGNEE
`
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : q Individual q Corporation or other private group entity q Government
`
`❑Advance Order - # of Copies
`❑Publication Fee (if required)
`❑Issue Fee
`4a. Fees submitted:
`4b. Method of Payment: (Please first reapply any previously paid fee shown above)
`
`q Electronic Payment via EFS-Web
`
`q Enclosed check
`
`q Non-electronic payment by credit card (Attach form PTO-2038)
`
`q The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
`
`5. Change in Entity Status (from status indicated above)
`q Applicant certifying micro entity status. See 37 CFR 1.29
`
`q Applicant asserting small entity status. See 37 CFR 1.27
`
`q Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`
`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Authorized Signature
`
`Typed or printed name
`
`Date
`
`Registration No.
`
`PTOL-85 Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Medivis Exhibit 1003
`
`3
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
`/
`r"
`b3At,,,\
`(4 , A\
`
`-.4—'1.
`INRNT„,co,
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/894,595
`
`02/12/2018
`
`Steven Cvetko
`
`N3039.1000111502
`
`6313
`
`7590
`97149
`Maschoff Brennan
`1389 Center Drive, Suite 300
`Park City, UT 84098
`
`09/17/2019
`
`EXAMINER
`
`GRAY, RYAN M
`
`ART UNIT
`
`PAPER NUMBER
`
`2611
`
`DATE MAILED: 09/17/2019
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
`to the issue date of the patent, and will include the patent term adjustment on the patent. Any request for reconsideration
`of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process
`outlined in 37 CFR 1.705.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`Medivis Exhibit 1003
`
`4
`
`
`
`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and Budget
`approval before requesting most types of information from the public. When OMB approves an agency request to
`collect information from the public, OMB (i) provides a valid OMB Control Number and expiration date for the
`agency to display on the instrument that will be used to collect the information and (ii) requires the agency to inform
`the public about the OMB Control Number's legal significance in accordance with 5 CFR 1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 30 minutes to complete, including
`gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon
`the individual case. Any comments on the amount of time you require to complete this form and/or suggestions
`for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office,
`U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria,
`Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection
`of information unless it displays a valid OMB control number.
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements
`of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)
`(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information
`is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent
`application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not
`be able to process and/or examine your submission, which may result in termination of proceedings or abandonment
`of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
`be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
`Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting
`a request involving an individual, to whom the record pertains, when the individual has requested assistance
`from the Member with respect to the subject matter of the record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to comply
`with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of
`National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
`
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services,
`or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility
`to recommend improvements in records management practices and programs, under authority of 44 U.S.C.
`2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection
`of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall
`not be used to make determinations about individuals.
`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record
`may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed
`in an application which became abandoned or in which the proceedings were terminated and which application
`is referenced by either a published application, an application open to public inspection or an issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`Medivis Exhibit 1003
`
`5
`
`
`
`Notice of Allowability
`
`Application No.
`15/894,595
`Examiner
`RYAN M GRAY
`
`Applicant(s)
`Cvetko et al.
`Art Unit
`2611
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address—
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.0 This communication is responsive to amendments filed 8/30/19.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2.0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporated into this action.
`
`; the
`
`30 The allowed claim(s) is/are 21-26 and 30-50 . As a result of the allowed claim(s), you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information
`, please see http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`4.0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`*c) O None of the:
`a) OAll
`b) 0 Some
`1. 0 Certified copies of the priority documents have been received.
`2. (1) Certified copies of the priority documents have been received in Application No.
`.
`3. CI Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`.
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.0 CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`0
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6.0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1.0 Notice of References Cited (PTO-892)
`2.0 Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`.
`3.0 Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4.0 Interview Summary (PTO-413),
`Paper No./Mail Date.
`/RYAN M GRAY/
`Primary Examiner, Art Unit 2611
`
`5. 0 Examiner's Amendment/Comment
`6. 0 Examiner's Statement of Reasons for Allowance
`7. C3 Other PTO-2323.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20190910
`
`Medivis Exhibit 1003
`
`6
`
`
`
`AFCP 2.0
`Decision
`
`Application No.
`
`15/894,595
`
`Examiner
`
`Applicant(s)
`
`Cvetko et al.
`
`Art Unit
`
`AIA (FITF) Status
`
`RYAN M GRAY
`
`2611
`
`Yes
`
`This is in response to the After Final Consideration Pilot request filed 30 August 2019.
`
`1. Improper Request — The AFCP 2.0 request is improper for the following reason(s) and the after final amendment submitted with
`the request will be treated under pre-pilot procedure.
`
`q An AFCP 2.0 request form PTO/SB/434 (or equivalent document) was not submitted.
`
`q A non-broadening amendment to at least one independent claim was not submitted.
`
`q The request is not the first proper AFCP 2.0 request submitted in response to the most recent final
`rejection.
`
`q Other:
`
`2. Proper Request
`
`A. After final amendment submitted with the request will not be treated under AFCP 2.0.
`The after final amendment cannot be reviewed and a search conducted within the guidelines of the pilot program.
`
`q The after final amendment will be treated under pre-pilot procedure.
`
`B. Updated search and/or completed additional consideration.
`The examiner performed an updated search and/or completed additional consideration of the after final amendment
`within the time authorized for the pilot program. The result(s) of the updated search and/or completed additional
`consideration are:
`
`0 1. All of the rejections in the most recent final Office action are overcome and a Notice of Allowance is
`issued herewith.
`
`q 2. The after final amendment would not overcome all of the rejections in the most recent final Office action
`. See attached interview summary for further details.
`
`q 3. The after final amendment was reviewed, and it raises a new issue(s). See attached interview summary
`for further details.
`q 4. The after final amendment raises new issues, but would overcome all of the rejections in the most recent
`final Office action. A decision on determining allowability could not be made within the guidelines of the
`pilot. See attached interview summary for further details, including any newly discovered prior art.
`
`O5. Other:
`
`Examiner Note: Please attach an interview summary when necessary as described above.
`
`U.S.Patent and Trademark Office
`PTOL-2323 (Rev. 10-14)
`
`AFCP 2.0 Decision
`
`Part of Paper No. 20190910
`
`Medivis Exhibit 1003
`
`7
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re application of
`
`Steven Cvetko
`
`Application No.:
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`15/894,595
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`Filed:
`
`February 12, 2018
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`Conf. No.:
`
`6313
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`Art Unit
`2611
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`For:
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`AUGMENTING REAL-TIME VIEWS OF A PATIENT
`WITH THREE-DIMENSIONAL DATA
`
`Examiner:
`
`Ryan M. Gray
`
`Customer No.:
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`97149
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`Attorney Docket No.: N3039.10001US02
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`AMENDMENT AND RESPONSE TO OFFICE ACTION
`
`Mail Stop AF
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`In response to the Final Office Action dated August 16, 2019 (the "Office Action"),
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`please consider the following:
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`Amendments to the Claims are reflected in the listing of claims which begins on page 2
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`of this paper.
`
`Remarks begin on page 10 of this paper.
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`Page 1 of 13
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`Medivis Exhibit 1003
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`8
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`
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`Application No. 15/894,595
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`Attorney Docket Number N3039.10001US02
`Responsive to Office Action dated August 16, 2019
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`AMENDMENTS TO THE CLAIMS
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`This listing of claims replaces all prior versions and listings of claims in the application:
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`1-20. (Cancelled)
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`21.
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`(Currently Amended)
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`A method for augmenting real time, non image actual
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`views of a patient with three dimensional (3D) data, the method The method as recited in claim
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`30, further comprising:
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`capturing, in real-time, real-time 3D video data of [[a]] the patient, the real-time 3D video
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`data including [[an]] the outer layer of the patient and the multiple inner layers of the patient; and
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`displaying, in an augmented reality (AR) the AR headset and in real-time, one of the
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`inner layers of the patient from the real-time 3D video data projected onto the real-time, non-
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`image actual views of the outer layer of the patient.
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`22.
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`(Previously Presented)
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`The method as recited in claim 21, wherein the projected
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`inner layer of the real-time 3D video data depicts an internal organ of the patient in motion
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`within the outer layer of the patient.
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`23.
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`(Previously Presented)
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`One or more non-transitory computer-readable media
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`storing one or more programs that are configured, when executed, to cause one or more
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`processors to perform the method as recited in claim 21.
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`Page 2 of 13
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`Medivis Exhibit 1003
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`9
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`
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`Application No. 15/894,595
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`Attorney Docket Number N3039.10001US02
`Responsive to Office Action dated August 16, 2019
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`24.
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`(Currently Amended)
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`A method for augmenting real time, non image actual
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`views of a patient with three dimensional (3D) data, the method The method as recited in claim
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`30, further comprising:
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`i-Eleat-ifyiag-3-D-dat-a-fer-a-pat-ieat- t-he-3-D-Elat-a-inetufliag-an-eut-er-layer-of-t-lie-pat-ieat--and
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`multiple inner layers of the patient;
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`positioning the patient in a different position than the patient was in when the 3D data of
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`the patient was captured;
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`deforming the 3D data to match the different position of the patient; and
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`displaying, in an augmented reality (AR) the AR headset, one of the inner layers of the
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`patient from the deformed 3D data projected onto the real-time, non-image actual views of the
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`outer layer of the patient.
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`25.
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`(Previously Presented)
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`The method as recited in claim 24, wherein:
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`the positioning includes positioning the patient in a different orientation than the patient
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`was in when the 3D data of the patient was captured; and
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`the deforming includes deforming the 3D data to match the different orientation of the
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`patient.
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`26.
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`(Previously Presented)
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`One or more non-transitory computer-readable media
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`storing one or more programs that are configured, when executed, to cause one or more
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`processors to perform the method as recited in claim 24.
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`27-29. (Cancelled)
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`Page 3 of 13
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`Medivis Exhibit 1003
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`10
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`Application No. 15/894,595
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`Attorney Docket Number N3039.10001US02
`Responsive to Office Action dated August 16, 2019
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`30.
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`(Currently Amended)
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`A method for augmenting real-time, non-image actual
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`views of a patient with three-dimensional (3D) data, the method comprising:
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`identifying 3D data for a patient, the 3D data including an outer layer of the patient and
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`multiple inner layers of the patient; and
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`displaying, in an augmented reality (AR) headset, one of the inner layers of the patient
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`from the 3D data projected onto real-time, non-image actual views of the outer layer of the
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`patient, the projected inner layer of the patient from the 3D data being confined within a volume
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`of a virtual spatial difference [[box]] 3D shape.
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`31.
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`(Currently Amended)
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`The method as recited in claim 30, wherein:
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`the virtual spatial difference 3D shape is a virtual spatial difference 3D box; and
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`the virtual spatial difference 3D box includes a top side, a bottom side, a left side, a right
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`side, a front side, and a back side.
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`32.
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`(Previously Presented)
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`One or more non-transitory computer-readable media
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`storing one or more programs that are configured, when executed, to cause one or more
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`processors to perform the method as recited in claim 30.
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`33.
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`(Previously Presented)
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`A method for augmenting real-time, non-image actual
`
`views of a patient with three-dimensional (3D) data, the method comprising:
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`identifying 3D data for a patient, the 3D data including an outer layer of the patient and
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`multiple inner layers of the patient;
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`automatically registering a virtual position of the outer layer of the patient from the 3D
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`data to align with a real-time position of the outer layer of the patient;
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`displaying, in an augmented reality (AR) headset, one of the inner layers of the patient
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`from the 3D data projected onto real-time, non-image actual views of the outer layer of the
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`patient;
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`generating a numeric confidence score that the automatic registering is correct; and
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`displaying, in the AR headset, the numeric confidence score to a user.
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`Page 4 of 13
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`Medivis Exhibit 1003
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`11
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`
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`Application No. 15/894,595
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`Attorney Docket Number N3039.10001US02
`Responsive to Office Action dated August 16, 2019
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`34.
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`(Previously Presented)
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`The method as recited in claim 33, wherein the numeric
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`confidence score is a number between 1 and 100 that indicates a level of confidence that the
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`outer layer of the 3D data matches the outer layer of the patient.
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`35.
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`(Previously Presented)
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`One or more non-transitory computer-readable media
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`storing one or more programs that are configured, when executed, to cause one or more
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`processors to perform the method as recited in claim 33.
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`36.
`
`(Currently Amended)
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`A method for augmenting real time, non image actual
`
`views of a patient with three dimensional (3D) data, the method The method as recited in claim
`
`30, further comprising:
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`identifying 3D data for a patient, the 3D data including an outer layer of the patient and
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`multiple inner layers of the patient;
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`displaying, in an augmented reality (AR) headset, one of the inner layers of the patient
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`from the 3D data projected onto real time, non image actual views of the outer layer of the
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`patient;
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`automatically tracking a real-time position of an object with respect to a real-time
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`position of the outer layer of the patient; and
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`while a portion of the object is inserted into the patient through the outer layer of the
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`patient, displaying, in the AR headset, a virtual portion of the object projected into the projected
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`inner layer of the patient.
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`37.
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`(Previously Presented)
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`The method as recited in claim 36, wherein:
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`the object is formed from a material that a sensor of the AR headset is able to sense even
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`after the object has been inserted into the patient through the outer layer of the patient; and
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`the automatically tracking includes the sensor of the AR headset automatically tracking
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`the real-time position of the object with respect to the real-time position of the outer layer of the
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`patient.
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`Page 5 of 13
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`Medivis Exhibit 1003
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`12
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`
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`Application No. 15/894,595
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`Attorney Docket Number N3039.10001US02
`Responsive to Office Action dated August 16, 2019
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`38.
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`(Pre