DETAILED ACTION
I. This office action is in response to the correspondence filed on September 4, 2022. Claims 10-20 are pending and being examined.
Notice of Pre-AIA or AIA Status
II. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
III. The information disclosure statement filed January 27, 2025 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Allowable Subject Matter
IV. The closest prior art found is Josefiak (US 2019/0268062) and Shafer et al. (US 2011/0068906).
Josefiak teaches a method of verifying (discovering) a position of a wireless communication Node (see paragraphs [0001] & [0042]), including: at least a first Node, a second Node, and a third Node in an array of Nodes (see paragraph [0019] and Fig. 1); each of the first Node; second Node and third Node comprising: a processor, a digital storage, a communication module and an antenna (see paragraphs [0025] & [0048] and Fig. 2 & Fig, 5); wirelessly communicating between multiple Nodes comprising at least the first Node, the second Node, and the third Node (see paragraph [0030] and Fig, 3); and comparing an arrival time at receiving antennas to calculate or look-up an estimated location of a source of the signal (see paragraphs [0035] - [0036]).
Shafer teaches associating a respective unique identifier with each of a least a first Node, a second Node and a third Node included in an array of Nodes (see paragraph [0131]); and determining a node’s location based upon its position relative to one or more stationary nodes [see paragraph [0313]).
Claim 1 contains subject matter allowable over the prior art because Josefiak and Shafer do not teach the limitations (a) – (k) recited in claim 1.
Claims 2-20 contain subject matter allowable over the prior art based on their dependence on independent claim 1.
V. Claim 4 is objected to as being dependent upon a base claim rejected for double patenting, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 5-7 and 11-12 are objected to as being dependent upon a base claim rejected for double patenting based on their dependence on claim 4.
VI. Claim 8 is objected to as being dependent upon a base claim rejected for double patenting, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 9-10 are objected to as being dependent upon a base claim rejected for double patenting based on their dependence on claim 8.
VII. Claim 14 is objected to as being dependent upon a base claim rejected for double patenting, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 15-20 are objected to as being dependent upon a base claim rejected for double patenting based on their dependence on claim 14.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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VIII. Claims 1-3 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 13 of U.S. Patent No. 11,436,388 in view of Pub. No.: US 2020/0333428 A1 to Sun et al.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the 11,436,388 patent in view of Sun teach similar limitations on a method of quantifying agent interaction via a self-verifying array of nodes.
Claim Mapping:
Claim 1 of the instant application and claim 1 of U.S. Patent 11,436,388 is mapped below.
Instant Application
Patent No. 11,436,388
A method of quantifying agent interaction via a self-verifying array of nodes, the method comprising:
a) discovering with the self-verifying array of nodes at least a first node, a second node, and a third node, wherein each node of the self-verifying array of nodes comprises at least a respective processor, a respective digital storage, and a respective wireless transceiver;
b) assigning a respective unique identifier to each of the first node, the second node, and the third node;
c) establishing communication between the first node and at least the second node and the third node in the self-verifying array of nodes;
d) generating at least a first set of values from the communication between the first node and at least the second node and the third node in the self-verifying array of nodes;
e) utilizing the first set of values to determine a relative position amongst at least the first node, the second node and the third node;
f) attaching the first node to a reference position in a facility resource, wherein the first node is in the reference position in the facility resource during a time of a procedure;
g) removably attaching the second node to a first agent, and the third node to a second agent, wherein the second node remains attached to the first agent and the third node remains attached to the second agent during the procedure;
h) wirelessly communicating between the first node and the second node, and the first node and the third node during the procedure;
i) referencing the communicating between the first node and the second node, and the first node and the third node during the procedure, generating a respective set of position coordinates indicative of a position of each of the second node; and the third node;
i) referencing the position coordinates indicative of a position of each of the second node; and the third node,
A method of quantifying agent interaction with a self-verifying array of nodes, the method comprising:
a) discovering with the self-verifying array of nodes at least a first node, a second node, and a third node, wherein each node of the self-verifying array of nodes comprises at least a respective processor, a respective digital storage and a respective wireless transceiver;
b) assigning a respective unique identifier to each of the first node, the second node, and the third node when they are discovered;
c) establishing communication between the first node and at least the second node and third node in the self-verifying array of nodes, wherein each of the first node, the second node and the third node generate at least a first set of values from the communication;
d) utilizing the first set of values to determine a relative position amongst at least the first node, the second node and the third node;
e) removably attaching the first node to a first agent, and the second node to a second agent, wherein the first node remains attached to the first agent and the second node remains attached to the second agent during a time of a procedure;
attaching the third node to a reference position in a facility resource, wherein the third node is in the reference position in the facility resource during the time of the procedure;
g) wirelessly communicating between the first node, the second node, and the third node during the time of the procedure;
h) verifying a presence of at least one of the first node, the second node and the third node in the self-verifying array of nodes during the time of the procedure;
i) storing, in the respective digital storage of at least one of the first node, the second node, and the third node the generated values for communication variables and unique identifiers for the first node; the second node and the third node;
j) with the respective processor of at least one of the first node, the second node, and the third node, generating a respective set of position coordinates indicative of a position of each of the first agent; and the second agent, each respective set of position coordinates based upon values included in an aggregate of values for the communication variables received into the respective processor; and
k) with the respective processor of at least one of the first node, the second node, and the third node, generating an orientation of one or both of the first agent and the second agent.
The claims of the 11,436,388 patent do not teach determining a position of the first agent and the second agent relative to an item of equipment during the procedure; and k) track a time of an action involved in the procedure, said action taken by at least one of the first agent and the second agent during the procedure.
Sun teaches determining a position of the first agent and the second agent relative to an item of equipment during the procedure; and k) track a time of an action involved in the procedure, said action taken by at least one of the first agent and the second agent during the procedure (see paragraph [0092] and Fig. 1C, The medical equipment and the surgical target object can be tracked in real-time. The positions of the medical equipment and the surgical target object in the tracking coordinate system are processed showing the virtual medical equipment and target object location in a 3-D model. The movement of the medical equipment and surgical target object can be tracked in real-time. This reads on determining a position of the first agent and the second agent relative to an item of equipment during the procedure; and k) track a time of an action involved in the procedure, said action taken by at least one of the first agent and the second agent during the procedure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the claims of the 11,436,388 patent adapt to include determining a position of the first agent and the second agent relative to an item of equipment during the procedure; and k) track a time of an action involved in the procedure, said action taken by at least one of the first agent and the second agent during the procedure because it would allow an improved tracking system and training system for a medical equipment that can assist or train the users to operate the medical equipment (see Sun, paragraph [0004]).
Claim 2 is also rejected under obviousness-type double patenting by claim 2 of the 11,436,388 patent in view of Sun.
Claim 3 is also rejected under obviousness-type double patenting by claim 3 of the 11,436,388 patent in view of Sun.
Claim 13 is also rejected under obviousness-type double patenting by claim 13 of the 11,436,388 patent in view of Sun.
IX. Claims 1-3 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 13 of U.S. Patent No. 11,636,236 B1 in view of Pub. No.: US 2020/0333428 A1 to Sun et al.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the 11,636,236 patent in view of Sun teach similar limitations on a method of quantifying agent interaction via a self-verifying array of nodes.
Claim Mapping:
Claim 1 of the instant application and claim 1 of U.S. Patent 11,636,236 is mapped below.
Instant Application
Patent No. 11,636,236
A method of quantifying agent interaction via a self-verifying array of nodes, the method comprising:
a) discovering with the self-verifying array of nodes at least a first node, a second node, and a third node, wherein each node of the self-verifying array of nodes comprises at least a respective processor, a respective digital storage, and a respective wireless transceiver;
b) assigning a respective unique identifier to each of the first node, the second node, and the third node;
c) establishing communication between the first node and at least the second node and the third node in the self-verifying array of nodes;
d) generating at least a first set of values from the communication between the first node and at least the second node and the third node in the self-verifying array of nodes;
e) utilizing the first set of values to determine a relative position amongst at least the first node, the second node and the third node;
f) attaching the first node to a reference position in a facility resource, wherein the first node is in the reference position in the facility resource during a time of a procedure;
g) removably attaching the second node to a first agent, and the third node to a second agent, wherein the second node remains attached to the first agent and the third node remains attached to the second agent during the procedure;
h) wirelessly communicating between the first node and the second node, and the first node and the third node during the procedure;
i) referencing the communicating between the first node and the second node, and the first node and the third node during the procedure, generating a respective set of position coordinates indicative of a position of each of the second node; and the third node;
i) referencing the position coordinates indicative of a position of each of the second node; and the third node,
A method of quantifying healthcare agent interaction during a healthcare procedure with a self-verifying array of nodes, the method comprising:
a) discovering with the self-verifying array of nodes at least a first node, a second node, and a third node, wherein each node of the self-verifying array of nodes comprises at least a respective processor, a respective digital storage and a respective wireless transceiver;
b) assigning a respective unique identifier to each of the first node, the second node, and the third node when they are discovered;
c) establishing communication between the first node and at least the second node and third node in the self-verifying array of nodes, wherein each of the first node, the second node and the third node generate at least a first set of values from the communication;
d) utilizing the first set of values to determine a relative position amongst at least the first node, the second node and the third node;
e) removably attaching the first node to a first healthcare agent, and the second node to a second healthcare agent, wherein the first node remains attached to the first healthcare agent and the second node remains attached to the second healthcare agent during a time of the healthcare procedure;
f) attaching the third node to a reference position in a healthcare facility resource, wherein the third node is in the reference position in the healthcare facility resource during the time of the healthcare procedure;
g) wirelessly communicating between the first node, the second node, and the third node during the time of the healthcare procedure;
h) verifying a presence of at least one of the first node, the second node and the third node in the self-verifying array of nodes during the time of the healthcare procedure;
i) storing, in the respective digital storage of at least one of the first node, the second node, and the third node the generated values for communication variables and unique identifiers for the first node; the second node and the third node;
j) with the respective processor of at least one of the first node, the second node, and the third node, generating a respective set of position coordinates indicative of a position of each of the first healthcare agent; and the second healthcare agent, each respective set of position coordinates based upon values included in an aggregate of values for the communication variables received into the respective processor; and
k) with the respective processor of at least one of the first node, the second node, and the third node, generating an orientation of one or both of the first healthcare agent and the second healthcare agent.
The claims of the 11,636,236 patent do not teach determining a position of the first agent and the second agent relative to an item of equipment during the procedure; and k) track a time of an action involved in the procedure, said action taken by at least one of the first agent and the second agent during the procedure.
Sun teaches determining a position of the first agent and the second agent relative to an item of equipment during the procedure; and k) track a time of an action involved in the procedure, said action taken by at least one of the first agent and the second agent during the procedure (see paragraph [0092] and Fig. 1C, The medical equipment and the surgical target object can be tracked in real-time. The positions of the medical equipment and the surgical target object in the tracking coordinate system are processed showing the virtual medical equipment and target object location in a 3-D model. The movement of the medical equipment and surgical target object can be tracked in real-time. This reads on determining a position of the first agent and the second agent relative to an item of equipment during the procedure; and k) track a time of an action involved in the procedure, said action taken by at least one of the first agent and the second agent during the procedure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the claims of the 11,636,236 patent adapt to include determining a position of the first agent and the second agent relative to an item of equipment during the procedure; and k) track a time of an action involved in the procedure, said action taken by at least one of the first agent and the second agent during the procedure because it would allow an improved tracking system and training system for a medical equipment that can assist or train the users to operate the medical equipment (see Sun, paragraph [0004]).
Claim 2 is also rejected under obviousness-type double patenting by claim 2 of the 11,636,236 patent in view of Sun.
Claim 3 is also rejected under obviousness-type double patenting by claim 3 of the 11,636,236 patent in view of Sun.
Claim 13 is also rejected under obviousness-type double patenting by claim 13 of the 11,636,236 patent in view of Sun.
Conclusion
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/BRANDON J MILLER/Primary Examiner, Art Unit 2647
June 9, 2026
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