DETAILED ACTION
Status of Claims
This action is in reply to the Request for Continued Examination filed on 11/18/2025.
Claims 1-5, 7-8, 10-11 and 24 have been amended.
Claims 6, 9 and 12-23 have been cancelled.
Claims 25-34 have been newly added.
Claims 1-5, 7-8, 10-11 and 24-34 are currently pending and have been examined.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/18/2025 has been entered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5, 7-8, 10-11 and 24-34 are rejected under 35 U.S.C. §101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1-5, 7-8, 10 and 24-33 are directed to a system (i.e., a machine), claim 11 is directed to a method (i.e., a process) and claims 34 is directed to non-transitory computer readable medium (i.e., a manufacture). Accordingly, claims 1-5, 7-8, 10-11 and 24-34 are all within at least one of the four statutory categories
Step 2A - Prong One:
An “abstract idea” judicial exception is subject matter that falls within at least one of the following groupings: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Representative independent claim 1 includes limitations that recite an abstract idea.
Specifically, independent claim 1:
A system, comprising:
a virtual reality (VR) device worn by an object;
at least one storage medium including a set of instructions; and
at least one processor in communication with the at least one storage medium, wherein when executing the set of instructions, the at least one processor is directed to cause the system to perform operations including:
obtaining, by the at least one processor from the VR device, a call instruction of virtual caregiver information issued by the object through the VR device, wherein the virtual caregiver information includes accompany information associated with a caregiver, the caregiver is related to an object, the accompany information includes visual information, auditory information, and tactile information, the visual information enables the object to see the caregiver through a display device of the VR device, the auditory information enables the object to hear sound of the caregiver through the VR device, the tactile information enables the object to feel touch of the caregiver through the VR device, and the call instruction of virtual caregiver information is obtained by:
directing, by the at least one processor, a projection device of the VR device to project and display virtual caregiver information of different people, virtual caregiver information of different types, virtual caregiver information of different forms;
detecting, by the at least one processor, an eve gaze direction of the object in real time,
determining, by the at least one processor, a POI or an ROI based on the gaze direction;
determining, by the at least one processor, virtual caregiver information projected at the POI or ROI as the target virtual caregiver information; and
determining, by the at least one processor, the call instruction of the target virtual caregiver information;
directing, by the at least one processor, the display device of the VR device to display the virtual caregiver information based on the call instruction.
The Examiner submits that the foregoing underlined limitations constitute: (a) “certain methods of organizing human activity” because projecting medical image guidance with an associated object to virtual caregiver and obtaining a call instruction, during a medical scanning or a radiology operation are a part of a medical workflow shared among individuals, which is managing human behavior/interactions between people. Furthermore, the foregoing underlined limitations constitute (b) “a mental process” because associating an object with virtual, visual, auditory, tactile caregiver information, detecting a gaze direction and determining a point of interest (POI) or region of interest (ROI) based on the gaze direction are observations/evaluations/analyses that can be performed in the human mind or with a pen and paper. Accordingly, the claim describes at least one abstract idea.
In relation to claims 2-5, 7-8, 10 and 24-33, these claims merely recite determining steps such as: claim 2 - display a scanning protocol associated with the object based on a call instruction of the scanning protocol and obtaining a feedback of the object on the scanning protocol, claim 3 – adjusting the virtual caregiver information based on the feedback, claim 4 – determining, by the at least one processor, state information of the object, the state information including at least one of an emotional state, a physiological state, or a gaze state of the object, determining a control instruction associated with an operational parameter of a medical operation performed on the object based on the state information, wherein the operational parameter including at least one of a scanning time, a scanning sequence, a scanning site, a scanning speed, a scanning intensity and adjusting based on the control instruction, the operational parameter of the medical operation so as to control the medical device to perform a medical scanning or radiotherapy based on the adjusted operational parameter, claim 5 - determining the state information of the object based on the feature information using a state determination model, the state determination model includes a convolutional neural network (CNN) model, a fully connected neural network model, or a recurrent neural network (RNN) model, claim 7 - obtaining, twin data of the object being a stereoscopic virtual projection of the object in the virtual space, determining the guidance datamedical history, and gender of the object, the imaging requirement information including an organ structure of a scanning site of the object; and generating the twin data of the object through simulation based on the personal information and the image requirement information of the object, claim 26 - obtaining state information of the medical device in real time, the state information reflects system parameter information of the medical device, generating rendering data of the medical device based on the state information of the medical device, and determining the rendering data as the twin data of the medical device, claim 27 – determining a state of the medical device and the object, the state including a position and a posture of the object, a position of the medical device, and a relative positional relationship between the object and the medical device, determining whether the object is located in a target area and a target position and generating the position guidance data when the object is not in the target area or the target position and generating the posture guidance data when the object is located in the target area and the target position but is not in a target posture, claim 28 - obtaining twin data of an operation page in response to receiving the login request wherein the operation page includes configuring an operational parameter of the medical device and controlling the medical device to acquire a medical image, and the twin data of the operation page displayed in the virtual space is consistent with a control page of the medical device, claim 29 - determining operation contents triggered by the medical worker through the twin data corresponding to the operation page and determining the control instruction based on the operation contents, claim 30 - the state determination model includes an emotional state determination model, a gaze state determination model, and a physiological state determination model, the emotional state determination model, the gaze state determination model, and the physiological state determination model are three submodules of the state determination model, claim 31 - obtaining a plurality of first sample images labeled with the emotional state, a plurality of second sample images labeled with the gaze state, and a plurality of sets of sample physiological signals labeled with the physiological state and obtaining the state determination model by training an initial machine learning model using the plurality of first sample images, the plurality of second sample images, and the plurality of sets of sample physiological signals, claim 32 - determining a first waveform, a second waveform, and a third waveform corresponding to different amplitudes, different periods, and different shapes based on historical ECG signals of a plurality of different objects, wherein the first waveform corresponds to virtual caregiver information of an immediate family member, the second waveform corresponds to virtual caregiver information of a collateral relative or a friend, and the third waveform corresponds to virtual caregiver information of a medical worker, comparing a real-time ECG signal of the object with the first waveform, the second waveform, and the third waveform to determine one of the first waveform, the second waveform, and the third waveform matched with the real- time ECG signal of the object and determining the virtual caregiver information corresponding to the matched waveform as the target virtual caregiver information of the object, and claim 33 - a head region of the object is moved into a scanning region of a medical device, directing the projection device of the VR device to project the virtual caregiver information onto an inner wall of the medical device based on the call instruction and when the head region of the object is moved outside the scanning region of the medical device, directing, by the at least one processor, the projection device of the VR device to project the virtual caregiver information outside a scanning cavity of the medical device based on the call instruction.
Step 2A - Prong Two:
Regarding Prong Two of Step 2A, it must be determined whether the claim as a whole integrates the abstract idea into a practical application. As noted, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
The limitations of claims 1, 11 and 34, as drafted is a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting a system, at least one processor, at least one storage medium including a set of instructions, a control terminal device, an operational terminal device, a display device, a virtual reality (VR) device and an operational terminal device, nothing in the claim elements precludes the steps from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation within a health care environment in the mind but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
Regarding the additional limitations, “a medical device”, the Examiner submits that these limitations amount to merely using a computer to perform the at least one abstract idea (see MPEP § 2106.05(f)) and are mere instructions to apply the above-noted at least one abstract idea (Id.).
The judicial exception is not integrated into a practical application. In particular, the system, processor, one storage medium including a set of instructions, control terminal device, operational terminal device, display device, virtual reality (VR) device and operational terminal device are recited at high levels of generality (i.e., as generic computer components performing generic computer functions of receiving data/inputs, determining and providing data) such that it amounts no more than mere instructions to apply the exception using the generic computer components.
Regarding the additional limitations “a state determination model” the Examiner submits that this additional limitation amount to merely using a computer to perform the at least one abstract idea (see MPEP § 2106.05(f)). Regarding the additional limitation “obtaining a call instruction of virtual caregiver information ……” the Examiner submits that this additional limitation merely adds insignificant pre-solution activity (data gathering; selecting data to be manipulated) to the at least one abstract idea (see MPEP § 2106.05(g)).
Thus, taken alone, the additional elements do not amount to significantly more than the above identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvements in the functioning of a computer or an improvement to another technology or technical field, apply or us the above-noted implement/use to above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (see MPEP §2106.05). Their collective functions merely provide conventional computer implementation.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into practical application, the additional elements amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer component provide an inventive concept. The claims are not patent eligible.
Step 2B:
Regarding Step 2B, in representative independent claim 1, regarding the additional limitations of the system, processor, one storage medium including a set of instructions, control terminal device, operational terminal device, display device, virtual reality (VR) device and operational terminal device, the Examiner submits that these limitations amount to merely using a computer to perform the at least one abstract idea (see MPEP § 2106.05(f)).
Thus, representative independent claim 1 and analogous independent claims 11 and 34 do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application.
The dependent claims no not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reason discussed above with respect to determining that the dependent claims do not integrate the at least abstract idea into a practical application.
Therefore, claims 1-5, 7-8, 10-11 and 24-34 are ineligible under 35 USC §101.
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.
Claims are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Malchano (WO 2023/177907 A1).
Claim 1:
Malchano discloses a system, comprising:
a virtual reality (VR) device worn by an object (See Fig. 4C virtual reality headset 401 mentioned in P00227.);
at least one storage medium including a set of instructions (See P0061 a non-transitory computer-readable storage media encoded with instructions executable by one or more processors.); and
at least one processor in communication with the at least one storage medium, wherein when executing the set of instructions, the at least one processor is directed to cause the system to perform operations (See Fig. 7B, P0060-P0061 and P00195.) including:
obtaining, by the at least one processor from the VR device, a call instruction of virtual caregiver information issued by the object through the VR device, wherein the virtual caregiver information includes accompany information associated with a caregiver, the caregiver is related to an object, the accompany information includes visual information, auditory information (See measured sleep quality related parameters, clinical measures of treatment outcomes for cognitive function in P00179-P00181 sensory stimulus parameters adjusted by a caregiver or healthcare provider.), and tactile information, the visual information enables the object to see the caregiver through a display device of the VR device, the auditory information enables the object to hear sound of the caregiver through the VR device, the tactile information enables the object to feel touch of the caregiver through the VR device, and the call instruction of virtual caregiver information is obtained (See visual and auditory stimulation in P00182-P00184. Also, see P00422-P00423 subject receiving instruction and command using headphones, P00261-P00263, P00279 exemplary devices including capacitive, surface capacitive and projected capacitive touch (PCT) for touching and Fig. 51, P00665 Attentive Participation in Conversations score.) by:
directing, by the at least one processor, a projection device of the VR device to project and display virtual caregiver information of different people, virtual caregiver information of different types, virtual caregiver information of different forms (Besides projected light pulses in P00215 and video detection in P00250-P00251, see augmented reality experience projected in P00313.);
detecting, by the at least one processor, an eve gaze direction of the object in real time (See Fig. 1, measure eye gaze in [P00250-P00251] the feedback monitor 135 and feedback component 160 can determine or track the direction of the eye or eye movement using video detection of the pupil or corneal reflection. Also, see real-time operating system in P00246, P00269.),
determining, by the at least one processor, a POI or an ROI based on the gaze direction (See P00249-P00252 level of attention in reference to the subject’s focus provided to the light pulses used for brain stimulation. Also, see audio associations with regions of interest in the brain cortex mentioned P00351.):
determining, by the at least one processor, virtual caregiver information projected at the POI or ROI as the target virtual caregiver information (See direction of the eye using video detection in P00251-P00252.); and
determining, by the at least one processor, the call instruction of the target virtual caregiver information (Besides receiving voice command in P00296, P00395, P00422-P00423, see P00179-P00181 sensory stimulus parameters adjusted by a caregiver or healthcare provider.);
directing, by the at least one processor, the display device of the VR device to display the virtual caregiver information based on the call instruction (See profile management in P00248-P00250 include tracking a person’s eye movement to identify a level of attention. Also, see exemplary Alzheimer’s Disease (AD) patient and caregiver interviews in P00595.).
Claim 11:
Malchano discloses a method implemented on a system including a virtual reality (VR) device worn by an object, at least one processor, and at least one storage device (See Fig. 4C virtual reality headset 401 mentioned in P00227. See P0061 a non-transitory computer-readable storage media encoded with instructions executable by one or more processors.), the method comprising:
obtaining, by the at least one processor from the VR device, a call instruction of virtual caregiver information issued by the object through the VR device, wherein the virtual caregiver information includes accompany information associated with a caregiver, the caregiver is related to an object, the accompany information includes visual information, auditory information (See measured sleep quality related parameters, clinical measures of treatment outcomes for cognitive function in P00179-P00181 sensory stimulus parameters adjusted by a caregiver or healthcare provider.), and tactile information, the visual information enables the object to see the caregiver through a display device of the VR device, the auditory information enables the object to hear sound of the caregiver through the VR device, the tactile information enables the object to feel touch of the caregiver through the VR device, and the call instruction of virtual caregiver information is obtained (See visual and auditory stimulation in P00182-P00184. Also, see P00422-P00423 subject receiving instruction and command using headphones, P00261-P00263, P00279 exemplary devices including capacitive, surface capacitive and projected capacitive touch (PCT) for touching and Fig. 51, P00665 Attentive Participation in Conversations score.) by:
directing, by the at least one processor, a projection device of the VR device to project and display virtual caregiver information of different people, virtual caregiver information of different types, virtual caregiver information of different forms (Besides projected light pulses in P00215 and video detection in P00250-P00251, see augmented reality experience projected in P00313.);
detecting, by the at least one processor, an eve gaze direction of the object in real time (See Fig. 1, measure eye gaze in [P00250-P00251] the feedback monitor 135 and feedback component 160 can determine or track the direction of the eye or eye movement using video detection of the pupil or corneal reflection. Also, see real-time operating system in P00246, P00269.),
determining, by the at least one processor, a POI or an ROI based on the gaze direction (See P00249-P00252 level of attention in reference to the subject’s focus provided to the light pulses used for brain stimulation. Also, see audio associations with regions of interest in the brain cortex mentioned P00351.):
determining, by the at least one processor, virtual caregiver information projected at the POI or ROI as the target virtual caregiver information (See direction of the eye using video detection in P00251-P00252.); and
determining, by the at least one processor, the call instruction of the target virtual caregiver information (Besides receiving voice command in P00296, P00395, P00422-P00423, see P00179-P00181 sensory stimulus parameters adjusted by a caregiver or healthcare provider.);
directing, by the at least one processor, the display device of the VR device to display the virtual caregiver information based on the call instruction (See profile management in P00248-P00250 include tracking a person’s eye movement to identify a level of attention. Also, see exemplary Alzheimer’s Disease (AD) patient and caregiver interviews in P00595.).
Claim 34:
Malchano discloses a non-transitory storage medium storing a computer program, when at least one processor executes the computer program, a method is implemented (See Fig. 4C virtual reality headset 401 mentioned in P00227. See P0061 a non-transitory computer-readable storage media encoded with instructions executable by one or more processors.), the method comprising:
obtaining, by the at least one processor from a virtual reality (VR) device worn by an object, a call instruction of virtual caregiver information issued by the object through the VR device, wherein the virtual caregiver information includes accompany information associated with a caregiver, the caregiver is related to an object, the accompany information includes visual information, auditory information (See measured sleep quality related parameters, clinical measures of treatment outcomes for cognitive function in P00179-P00181 sensory stimulus parameters adjusted by a caregiver or healthcare provider.), and tactile information, the visual information enables the object to see the caregiver through a display device of the VR device, the auditory information enables the object to hear sound of the caregiver through the VR device, the tactile information enables the object to feel touch of the caregiver through the VR device, and the call instruction of virtual caregiver information is obtained (See visual and auditory stimulation in P00182-P00184. Also, see P00422-P00423 subject receiving instruction and command using headphones, P00261-P00263, P00279 exemplary devices including capacitive, surface capacitive and projected capacitive touch (PCT) for touching and Fig. 51, P00665 Attentive Participation in Conversations score.) by:
directing, by the at least one processor, a projection device of the VR device to project and display virtual caregiver information of different people, virtual caregiver information of different types, virtual caregiver information of different forms (Besides projected light pulses in P00215 and video detection in P00250-P00251, see augmented reality experience projected in P00313.);
detecting, by the at least one processor, an eye gaze direction of the object in real time (See Fig. 1, measure eye gaze in [P00250-P00251] the feedback monitor 135 and feedback component 160 can determine or track the direction of the eye or eye movement using video detection of the pupil or corneal reflection. Also, see real-time operating system in P00246, P00269.),
determining, by the at least one processor, a POI or an ROI based on the gaze direction (See P00249-P00252 level of attention in reference to the subject’s focus provided to the light pulses used for brain stimulation. Also, see audio associations with regions of interest in the brain cortex mentioned P00351.):
determining, by the at least one processor, virtual caregiver information projected at the POI or ROI as the target virtual caregiver information (See direction of the eye using video detection in P00251-P00252.); and
determining, by the at least one processor, the call instruction of the target virtual caregiver information (Besides receiving voice command in P00296, P00395, P00422-P00423, see P00179-P00181 sensory stimulus parameters adjusted by a caregiver or healthcare provider.);
directing, by the at least one processor, the display device of the VR device to display the virtual caregiver information based on the call instruction (See profile management in P00248-P00250 include tracking a person’s eye movement to identify a level of attention. Also, see exemplary Alzheimer’s Disease (AD) patient and caregiver interviews in P00595.).
Regarding claim 3, Malchano discloses the system of claim 1, wherein the at least one processor is further directed to cause the system to perform operations including: receiving, by the at least one processor, a feedback of the object on the virtual caregiver information from the display device of the VR device; and adjusting, by the at least one processor, the virtual caregiver information based on the feedback (See P00195 feedback component and monitor, P00249-P00252 level of attention in reference to the subject’s focus provided to the light pulses used for brain stimulation and profile management in P00248-P00250 include tracking a person’s eye movement to identify a level of attention.).
Regarding claim 4, Malchano discloses the system of claim 1, wherein the at least one processor is further directed to cause the system to perform operations including: determining, by the at least one processor, state information of the object, the state information including at least one of an emotional state, a physiological state, or a gaze state of the object See Fig. 1, measure eye gaze in [P00250-P00251] the feedback monitor 135 and feedback component 160 can determine or track the direction of the eye or eye movement using video detection of the pupil or corneal reflection.); determining, by the at least one processor, a control instruction associated with an operational parameter of a medical operation performed on the object based on the state information, wherein the operational parameter including at least one of a scanning time, a scanning sequence, a scanning site, a scanning speed, a scanning intensity, a system parameter of a medical device: and adjusting, by the at least one processor based on the control instruction, the operational parameter of the medical operation so as to control the medical device to perform a medical scanning or radiotherapy based on the adjusted operational parameter (See P00629 MRI scanning protocol include special resolution and plane thickness.).
Regarding claim 5, Malchano discloses the system of claim 4, wherein the determining state information of the object includes: obtaining, by the at least one processor, feature information of the object, the feature information including at least one of an image, a video, an audio, or a physiological signal associated with the object (See neurophysiological responses in P00133 and [P00189] The visual stimulation can result in sensory evoked neural oscillations that can produce detectable signals that may be correlated with potentially beneficial effects to one or more cognitive states of the brain, cognitive functions of the brain, the immune system, or inflammation. In some cases, the visual stimulation can result in local effect, such as in the visual cortex and associate regions. In some cases, the visual stimulation can result in a more expansive effect and cause alterations in physiology in more than just the nervous system. The sensory evoked neural oscillations may produce detectable signals that may be correlated with expected treatment outcomes for disorders, maladies, diseases, inefficiencies, injuries, or other issues related to a cognitive function of the brain, cognitive state of the brain, the immune system, or inflammation.); and determining, by the at least one processor, the state information of the object based on the feature information using a state determination model, the state determination model includes a convolutional neural network (CNN) model, a fully connected neural network model, or a recurrent neural network (RNN) model (See neural network deep learning in P0026-P0027, machine learning in P0036 and neural network model in P00553-P00556.).
Regarding claim 30, Malchano discloses the system of claim 5, wherein the state determination model includes an emotional state determination model (See chronic stress or depression in P00144, engagement and mood in P00493.), a gaze state determination model, and a physiological state determination model, the emotional state determination model, the gaze state determination model, and the physiological state determination model are three submodules of the state determination model (See [P00250-P00251] the feedback monitor 135 can measure eye gaze which can indicate or provide information related to covert attention.).
Regarding claim 31, Malchano discloses the system of claim 30, wherein the state determination model is obtained by: obtaining, by the at least one processor, a plurality of first sample images labeled with the emotional state, a plurality of second sample images labeled with the gaze state (See overlay screen in P00227, P00230 displaying exemplary titles labeled “Systems and Devices Configured for Neural Stimulation Via Visual Stimulation”.), and a plurality of sets of sample physiological signals labeled with the physiological state; and obtaining, by the at least one processor, the state determination model by training an initial machine learning model using the plurality of first sample images, the plurality of second sample images, and the plurality of sets of sample physiological signals (See [P00232-P00233] The pattern can include symbols, characters, or images that can be toggled or adjusted from one state to another state and switch between images configured to stimulate specific or predetermined portions of the brain or a specific cortex.).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 7 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Malchano (WO 2023/177907 A1) in view of Amble (US 9,092,556 B2).
Regarding claim 2, although Malchano discloses the system of claim 1, wherein before the call instruction of the virtual caregiver information is obtained, the at least one processor is further directed to cause the system to perform operations including: directing, by the at least one processor, the display device of the VR device to display (See P00227) and mentioned above, Malchano does not explicitly teach a scanning protocol obtaining feedback of the object on the scanning protocol. Amble teaches:
a scanning protocol associated with the object based on a call instruction of the scanning protocol; and obtaining, by the at least one processor, a feedback of the object on the scanning protocol from the display device of the VR device (Besides collect data streams from various medical imaging/biometric sensing devices and video camera, scanning medical images in column 8, line 34 to column 9, line 19. Besides exemplary platform suitable network protocols for transmission in column18, lines 13-30, see viewing medical image case library, markers and classification for radiology in column 20, lines 32-67 as scanning protocol.).
Therefore, it would have been obvious to one of ordinary skill in the art of sharing medical images before the effective filing date of the claimed invention to modify the system, method and software of Malchano to include a scanning protocol obtaining feedback of the object on the scanning protocol as taught by Amble to improve the efficacy of remote medicine as mentioned in Amble’s column 2, lines 28-41.
Regarding claim 7, Malchano discloses the system of claim 1, wherein the system further includes:
a control terminal device located in a first space where a medical worker is located (See remote profile information accessible via a network in P00449 and physician remote monitoring in P00577.);
an operation terminal device located in a second space where the object is located, wherein the operation terminal device and the control terminal device interact with each other, a geographic position of the first space is different from a geographic position of the second space, and the operation terminal device includes the VR device worn by the object (See GPS, cell phone and social network data in P00157 for geographical positioning. Also, the remote monitoring in P00577 allow interactivity between different spaces.), and
the at least one processor is further directed to cause the system to perform operations including:
obtaining, by the at least one processor from the control terminal device, twin data of the medical worker generated by the control terminal device in response to receiving a login request sent by the control terminal device, the twin data of the medical worker being a stereoscopic virtual image of the medical worker in a virtual space viewed through the display device of the VR device (Taught in P00280 as looking up a username, user identifier, location information, fingerprint, biometric identifier, retina scan, voice recognition and authentication. See P00264 3D display include stereoscopy and autostereoscopy.);
obtaining, by the at least one processor from the operation terminal device, twin data of the object generated by the operation terminal device, the twin data of the object being a stereoscopic virtual projection of the object in the virtual space (See P00264 3D display include stereoscopy and autostereoscopy.); and
determining, by the at least one processor, guidance data based on the twin data of the object, and the guidance data includes position guidance data or posture guidance data of the object and is configured to guide the object to perform a preparatory operation during a medical scanning or a radiotherapy operation (See spatial resolution and thickness parameters for MRI scanning in P00629.).
Although Malchano discloses the system of claim 1 mentioned above, Malchano does not explicitly teach obtaining a control instruction from the control terminal device and transmitting the control instruction to the operation terminal device to control a medical worker. Amble teaches:
transmitting, by the at least one processor, the guidance data to the operation terminal device (The standardized MRI scan protocol in P00629 serve as the guidance data.); and directing, by the at least one processor, the display device to present the guidance data and the twin data of the medical worker on the display device of the VR device (See Fig. 5 and column 12, lines 7-21 where the operator remotely controls the camera, control tabs while sharing windows and replay recorded sessions in column 23, lines 20-39.).
Therefore, it would have been obvious to one of ordinary skill in the art of virtual reality healthcare management before the effective filing date of the claimed invention to modify the system of Malchano to include obtaining a control instruction from the control terminal device and transmitting the control instruction to the operation terminal device to control a medical worker as taught by Amble to improve the efficacy of remote medicine as mentioned in Amble’s column 2, lines 28-41.
Regarding claim 25, Malchano and Amble teach the system of claim 7, wherein the twin data of the object is generated by the operation terminal device mentioned above, Malchano further discloses by: obtaining personal information and imaging requirement information of the object, the personal information including age, height, weight, medical history, and gender of the object, the imaging requirement information including an organ structure of a scanning site of the object; and generating the twin data of the object through simulation based on the personal information and the image requirement information of the object (See gender, age and genetics in P00166, demographic and profile data in P00493 and MRI protocol in P00629.).
Claims 8 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Malchano (WO 2023/177907 A1) in view of Amble (US 9,092,556 B2) further in view of Cireddu (US 2015/0046183 A1).
Regarding claim 8, although Malchano and Amble teach the system of claim 1, wherein the at least one processor as mentioned above, Malchano and Amble do not explicitly teach obtaining the twin data of the medical device being a stereoscopic virtual projection of the medical device in the virtual space. Cireddu teaches:
the processor is further directed to cause the system to perform operations including: obtaining, by the at least one processor from the operation terminal device twin data of a medical device corresponding to the operation terminal device, the twin data of the medical device being a stereoscopic virtual projection of the medical device in the virtual space (See gesture capture serve as a stereoscopic virtual image of the medical worker in P0249, [P0054] The user can also interact with the regions to select and provide information through various devices such as a mouse, a roller ball, a keypad, a keyboard, a pen, gestures captured with a camera, and exemplary virtual physical exams shown in Fig. 4- Fig. 8 mentioned in at least P0057-P0058, P0060 and P0076-P0078.);
twin data of a medical device corresponding to the operation terminal device, the twin data of the medical device being a stereoscopic virtual projection of the medical device in the virtual space (See transmitting medical data remote medicine, telehealth and telemedicine mentioned in P0026, P0039 and uploading data of a completed physical exam displayed in Fig. 8, mentioned in P0076.).
Therefore, it would have been obvious to one of ordinary skill in the art of remote physical exams before the effective filing date of the claimed invention to modify the system and method of Malchano and Amble to include obtaining the twin data of the medical device being a stereoscopic virtual projection of the medical device in the virtual space as taught by Cireddu for healthcare providers to review patients' electronic medical records, vital signs, electrocardiograms, laboratory results, and imaging remotely, through "telemedicine" mentioned in Cireddu’s P0003.
Regarding claim 26, although Malchano, Amble and Cireddu teach the system of claim 8, wherein the twin data of the medical device is generated by the operation terminal device mentioned above, Malchano further discloses by: obtaining state information of the medical device in real time, the state information reflects system parameter information of the medical device; generating rendering data of the medical device based on the state information of the medical device, and determining the rendering data as the twin data of the medical device (See neurophysiological responses in P00133 and [P00189] The visual stimulation can result in sensory evoked neural oscillations that can produce detectable signals that may be correlated with potentially beneficial effects to one or more cognitive states of the brain, cognitive functions of the brain, the immune system, or inflammation. In some cases, the visual stimulation can result in local effect, such as in the visual cortex and associate regions. In some cases, the visual stimulation can result in a more expansive effect and cause alterations in physiology in more than just the nervous system. The sensory evoked neural oscillations may produce detectable signals that may be correlated with expected treatment outcomes for disorders, maladies, diseases, inefficiencies, injuries, or other issues related to a cognitive function of the brain, cognitive state of the brain, the immune system, or inflammation.).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Malchano (WO 2023/177907 A1) in view of Amble (US 9,092,556 B2) further in view of Robaina (US 2018/0197624 A1).
Regarding claim 24, although Malchano and Amble teach the system of claim 7 mentioned above, Malchano and Amble do not explicitly teach obtaining image data associated with the object that is captured by an acquisition device, a field of view of the acquisition device covers at a portion of the second space and determining, based on the image data, a pose of the object and a positional relationship between the object and a medical device corresponding to the operation terminal device. Robaina teaches:
wherein the twin data of the object from the operation terminal device (), wherein the twin data of the object is generated by the operation terminal device by: obtaining image data associated with the object that is captured by an acquisition device, a field of view of the acquisition device covers at a portion of the second space (See P0128-P0140 where patient is instructed to capture images his/her body displayed in 3D model with landmark at fifth left intercostal space, as 1 cm medial to midclavicular line.); determining, based on the image data, a pose of the object and a positional relationship between the object and a medical device corresponding to the operation terminal device (See P0198-P0210 exemplary capture of patient’s lower extremities with instructions telling the patient where to place devices used for capturing.);
generating the twin data of the object based on the positional relationship between the object and the medical device (Besides the stereopsis corresponding to virtual depth of a point in P0039-P0040, see stereo process 940 as depth map shown in Fig. 9 mentioned in P0113-P0114. See P0039-P0040 where the field of view can change as the person moves about, moves their head, or moves their eyes or gaze.).
Therefore, it would have been obvious to one of ordinary skill in the art of virtual reality healthcare management before the effective filing date of the claimed invention to modify the system of Malchano and Amble to include causing to perform obtaining image data associated with the object that is captured by an acquisition device, a field of view of the acquisition device covers at a portion of the second space and determining, based on the image data, a pose of the object and a positional relationship between the object and a medical device corresponding to the operation terminal device as taught by Robaina for better accessing, displaying, and modifying of patient medical records and sharing patient medical records among authorized healthcare providers (HCPs) mentioned in Robaina’s P0034-P0035.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Malchano (WO 2023/177907 A1) in view of Amble (US 9,092,556 B2) further in view of Cireddu (US 2015/0046183 A1) and Robaina (US 2018/0197624 A1).
Regarding claim 27, although Malchano, Amble and Cireddu teach the system of claim 8 mentioned above, Malchano, Amble and Cireddu do not explicitly teach determining a state of the medical device and the object, the state including a position and a posture of the object, a position of the medical device, and a relative positional relationship between the object, determining whether the object is located in a target area and a target position and generating the posture guidance data when the object is located in the target area and the target position but is not in a target posture. Robaina teaches:
wherein the determining, by the at least one processor, the guidance data based on the twin data of the object and the twin data of the medical device includes: determining a state of the medical device and the object, the state including a position and a posture of the object, a position of the medical device, and a relative positional relationship between the object and the medical device (See P0128-P0140 where patient is instructed to capture images his/her body displayed in 3D model with landmark at fifth left intercostal space, as 1 cm medial to midclavicular line.); determining whether the object is located in a target area and a target position and generating the position guidance data when the object is not in the target area or the target position (See P0198-P0210 exemplary capture of patient’s lower extremities with instructions telling the patient where to place devices used for capturing.);
generating the posture guidance data when the object is located in the target area and the target position but is not in a target posture (Besides the stereopsis corresponding to virtual depth of a point in P0039-P0040, see stereo process 940 as depth map shown in Fig. 9 mentioned in P0113-P0114. See P0039-P0040 where the field of view can change as the person moves about, moves their head, or moves their eyes or gaze.).
Therefore, it would have been obvious to one of ordinary skill in the art of virtual reality healthcare management before the effective filing date of the claimed invention to modify the system of Malchano, Amble and Cireddu to include determining a state of the medical device and the object, the state including a position and a posture of the object, a position of the medical device, and a relative positional relationship between the object, determining whether the object is located in a target area and a target position and generating the posture guidance data when the object is located in the target area and the target position but is not in a target posture as taught by Robaina for better accessing, displaying, and modifying of patient medical records and sharing patient medical records among authorized healthcare providers (HCPs) mentioned in Robaina’s P0034-P0035.
Claims 10 and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Malchano (WO 2023/177907 A1) in view of Amble (US 9,092,556 B2) further in view of Cireddu (US 2015/0046183 A1) and Coustaud (US 11,594,002 B2).
Regarding claim 10, Malchano discloses the system of claim 28, wherein the at least one processor is further directed to cause the system to perform operations including: obtaining, by the at least one processor, a control instruction from the control terminal device associated with an operational parameter of a medical operation of a medical device corresponding to the operation terminal device; and transmitting, by the at least one processor, the control instruction to the operation terminal device to control the medical device (See measured sleep quality related parameters, clinical measures of treatment outcomes for cognitive function in P00179-P00181 sensory stimulus parameters adjusted by a caregiver or healthcare provider.).
Regarding claim 28, Malchano discloses the system of claim 8, wherein the at least one processor is further directed to cause the system to perform operations including: obtaining, by the at least one processor from the operation terminal device, twin data of an operation page in response to receiving the login request sent by the control terminal device (Taught in P00280 as looking up a username, user identifier, location information, fingerprint, biometric identifier, retina scan, voice recognition and authentication.). Although Malchano discloses the system of claim 8 mentioned above, Malchano does not explicitly teach acquiring a medical image, and the twin data of the operation page displayed in the virtual space is consistent with a control page. Coustaud teaches:
wherein the operation page includes configuring an operational parameter of the medical device and controlling the medical device to acquire a medical image, and the twin data of the operation page displayed in the virtual space is consistent with a control page of the medical device displayed on the operation terminal device (See Fig. 2-7, column 7, lines 19-54, Fig. 11 real space 1115 and 22 virtual space 1135 column 9, lines 55-67.).
Therefore, it would have been obvious to one of ordinary skill in the art of medical images in a virtual environment before the effective filing date of the claimed invention to modify the system of Amble and Cireddu to include acquiring a medical image, and the twin data of the operation page displayed in the virtual space is consistent with a control page taught by Coustaud to interact and generate an output of image content from the virtual environment mentioned in Coustaud’s column 2, lines 5-18.
Regarding claim 29, although Malchano discloses the system of claim 10 mentioned above, Malchano does not explicitly teach determining operation contents triggered by the medical worker through the twin data corresponding to the operation page and determining the control instruction based on the operation contents. Coustaud teaches:
wherein the control instruction is generated by the control terminal device by: determining operation contents triggered by the medical worker through the twin data corresponding to the operation page; and determining the control instruction based on the operation contents (See Fig. 2-7, column 7, lines 19-54, Fig. 11 real space 1115 and 22 virtual space 1135 column 9, lines 55-67.).
Therefore, it would have been obvious to one of ordinary skill in the art of medical images in a virtual environment before the effective filing date of the claimed invention to modify the system of Amble and Cireddu to include determining operation contents triggered by the medical worker through the twin data corresponding to the operation page and determining the control instruction based on the operation contents taught by Coustaud to interact and generate an output of image content from the virtual environment mentioned in Coustaud’s column 2, lines 5-18.
Claims 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Malchano (WO 2023/177907 A1) in view of Amble (US 9,092,556 B2) further in view of Cireddu (US 2015/0046183 A1) and Krueger (US 2024/0350051 A1).
Regarding claim 32, although Malchano discloses the system of claim 1, wherein the call instruction of virtual caregiver information is obtained mentioned above, Malchano does not explicitly teach waveforms corresponding and compared to different amplitudes, different periods, and different shapes based on historical ECG signals when targeting a waveform. Krueger teaches further by:
determining, by the at least one processor, a first waveform, a second waveform, and a third waveform corresponding to different amplitudes, different periods, and different shapes based on historical ECG signals of a plurality of different objects, wherein the first waveform corresponds to virtual caregiver information of an immediate family member, the second waveform corresponds to virtual caregiver information of a collateral relative or a friend, and the third waveform corresponds to virtual caregiver information of a medical worker (See correlated ECG in P0078-P0082, waveform trajectory as simultaneous vergence movement in P0121-P0123 during virtual reality (VR) computer-generated simulation.);
comparing, by the at least one processor, a real-time ECG signal of the object with the first waveform, the second waveform, and the third waveform to determine one of the first waveform, the second waveform, and the third waveform matched with the real- time ECG signal of the object (Taught in P0121-P0123 as the waveform trajectory.); and
determining, by the at least one processor, the virtual caregiver information corresponding to the matched waveform as the target virtual caregiver information of the object (Taught as virtual reality (VR) in P0002, P0195, P0243-P0244 when treating medical conditions of targets).
Therefore, it would have been obvious to one of ordinary skill in the art of measuring human response before the effective filing date of the claimed invention to modify the system of Malchano to include waveforms corresponding and compared to different amplitudes, different periods, and different shapes based on historical ECG signals when targeting a waveform as taught by Krueger to measure physiologic factors to determine if a person is experiencing an unhealthy physical response due to motion-related sensory mismatch as mentioned in Krueger’s P0040.
Regarding claim 33, although Malchano and Krueger teach the system of claim 32, wherein the at least one processor is further directed to cause the system to perform operations mentioned above, Malchano further teaches:
when a head region of the object is moved into a scanning region of a medical device, directing, by the at least one processor, the projection device of the VR device to project the virtual caregiver information onto an inner wall of the medical device based on the call instruction (See P00227 virtual reality headset with overlay screen where lock and hold light source serve as moving into a scanning region.); and
when the head region of the object is moved outside the scanning region of the medical device, directing, by the at least one processor, the projection device of the VR device to project the virtual caregiver information outside a scanning cavity of the medical device based on the call instruction (Besides overlay screen in P00227, P00230 displaying exemplary titles labeled “Systems and Devices Configured for Neural Stimulation Via Visual Stimulation”, see wall mounted screen as projection devices.).
Response to Arguments
Applicant argues that amended claim 1, is not an abstract idea, as a whole, recites limitations that are far beyond the "certain" activity between a person and a computer, let alone activity of a single person or activity that involves multiple people. see pg. 15-17 of Remarks – Examiner disagrees.
Providing posture guidance to a patient (object) on performing a preparatory operation, during a medical scanning or a radiology operation are medical workflow activities that a healthcare provider would be expected to do.
Applicant argues that the amended independent claim 1 is directed to a judicial exception, which Applicant does not concede, the judicial exception is integrated into a practical application, thus, the claimed invention is not directed to an abstract idea. see pg. 18-19 of Remarks – Examiner disagrees.
No technological improvements to obtaining visual, audio, tactile information, virtual images, position or posture guidance, logging in, preparing medical scans or radiotherapy and the functioning of the computer itself have been genuinely set forth in the instant case and are nonetheless directed towards improving the abstract idea and not the computer itself — that is, the recited invention may improve facilitating entry (i.e. the abstract idea), but there is no evidence to show that it improves the structural or functional properties of the computer itself, outside of improving the computer specifically for implementing the abstract idea. In fact, obtaining visual, audio, tactile information, virtual images, position or posture guidance, logging in, preparing medical scans or radiotherapy are operations any generic computer is merely using the computer as a tool to implement the abstract idea (saying “apply it”) and is merely using the computer in the manner in which it was designed to be used, i.e., performing generic computer functions.
Applicant argues that the amended independent claim 1 applies, relies on, or uses the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that claim 1 is more than a drafting effort designed to monopolize any alleged judicial exception. see pg. 20 of Remarks – Examiner disagrees.
The recited improvements are nonetheless directed towards improving the abstract idea and not the computer itself – that is, the recited invention may improve managing and controlling medical operations (i.e. the abstract idea), but there is no evidence to show that it improves the structural or functional properties of the computer itself, outside of improving the computer specifically for implementing the abstract idea. Furthermore, as stated above, even if the current invention does not pre-empt the entire field of managing and controlling medical operations, it still recites an abstract idea, wherein the abstract idea is performed using a generic computer.
Applicant’s arguments have been fully considered, but are now moot in view of the new grounds of rejection. The Examiner has entered a new rejection under 35 USC § 102 & 103 and applied new art and art already of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA S WILLIAMS whose telephone number is (571)270-5509. The examiner can normally be reached Mon-Fri, 8:30 am -6:30 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, Mamon Obeid can be reached at (571) 270-1813. 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.
/T.S.W./Examiner, Art Unit 3687 03/24/2026
/ALAAELDIN M. ELSHAER/Primary Examiner, Art Unit 3687
Prosecution Insights