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 .
Application Status
Present office action is in response to the preliminary amendment filed 11/25/2024. Claim 1 is cancelled. Claims 2-21 are added and are currently pending in the application.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 2-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being obvious over claims 1-24 of U.S. Patent 10/290,231.
US Patent 10/290,231
Application 18/444,994
Claim 1: A method to improve performance of an injection technique using one or more signal processors of an injection training system having an anatomically-shaped apparatus and a syringe, the method comprising: providing the anatomically-shaped apparatus, the anatomically-shaped apparatus configured to receive a training injection of the injection technique performed by a user; providing the syringe having a needle, a barrel, and a plunger and configured to deliver the training injection to the anatomically-shaped apparatus, the syringe further comprising at least one syringe sensor on the syringe; receiving, by the one or more signal processors of the injection training system, sensor-based injection information associated with the training injection of the injection technique, the sensor-based injection information comprising information indicative of the position and use characteristics of the syringe detected by the at least one syringe sensor; analyzing electronically, using the one or more signal processors, the sensor-based injection information; evaluating electronically, using the one or more signal processors, the analyzed sensor-based injection information relative to at least one evaluation criterion; and comparing electronically, using the one or more signal processors, the analyzed sensor-based injection information with at least one performance requirement to determine whether the training injection met the at least one performance requirement; outputting by the one or more signal processors, for displaying on a display device during and/or after the training injection, a graphical depiction of the training injection, wherein the graphic depiction includes a digital three-dimensional model of the anatomically-shaped apparatus a location of the needle relative to the digital three-dimensional model of the anatomically-shaped apparatus, and a dynamic position of the plunger in real time, the digital three-dimensional model of the anatomically-shaped apparatus comprising facial anatomical features, wherein the one or more signal processors are configured to alter a view of the graphical depiction to better visualize the training injection; and outputting electronically, using the one or more signal processors, based on the analyzed sensor-based injection information, a recommended action to improve injection technique.
Claim 1: A method of providing product-specific injection testing data to a user using a testing system, the method comprising: receiving, via a network, input testing data from at least one injection tool that comprises a syringe and one or more sensors on the syringe, wherein: the input testing data is measured by the one or more sensors and relates to an injection test procedure performed by the user using the at least one injection tool on a physical anatomical training apparatus, and the injection test procedure is configured to simulate an injection technique specific to a predetermined product and a predetermined injection site, wherein the predetermined product comprises a cosmetic injectable; and storing the input testing data and analyzing the input testing data to determine injection test information related to the predetermined product at the predetermined injection site.
Claim 6: A method to analyze a collection of injection training data using one or more signal processors of an injection training system having an anatomically-shaped apparatus and a syringe, the method comprising: providing the anatomically-shaped apparatus, the anatomically-shaped apparatus configured to receive a training injection of the injection technique performed by a user; providing the syringe having a needle, a barrel, and a plunger and configured to deliver the training injection to the anatomically-shaped apparatus, the syringe further comprising at least one syringe sensor on the syringe; receiving, by the one or more signal processors of the injection training system, the collection of injection training data, the collection of injection training data comprising information sets, wherein an information set comprises data collected during the injection training from the at least one syringe sensor, the information set comprising: information describing dynamic motion of the syringe relative to the anatomically-shaped apparatus as the syringe delivers the training injection to the anatomically-shaped apparatus; information describing the anatomically-shaped apparatus; and information describing the training injection; converting, using the one or more signal processors of the injection training system, the collection of injection training data by grouping various types of data into a same format and assigning a label indicating a category of item contents, such that the converted collection of injection training data is in condition for training injection performance analysis; generating, using the one or more signal processors of the injection training system, an aggregate assessment of injection training performance; and outputting from the one or more signal processors, for displaying on a display device during and/or after the training injection, a graphical depiction of the training injection, wherein the graphic depiction includes a digital three-dimensional model of the anatomically-shaped apparatus, a digital three-dimensional model of the syringe, a dynamic position of the plunger in real time, and a location of the needle relative to the digital three-dimensional model of the anatomically-shaped apparatus, the digital three-dimensional model of the anatomically-shaped apparatus comprising a plurality of anatomical layers; wherein the one or more signal processors are configured to alter a view of the graphical depiction to better visualize the training injection.
Claim 1: A method of providing product-specific injection testing data to a user using a testing system, the method comprising: receiving, via a network, input testing data from at least one injection tool that comprises a syringe and one or more sensors on the syringe, wherein: the input testing data is measured by the one or more sensors and relates to an injection test procedure performed by the user using the at least one injection tool on a physical anatomical training apparatus, and the injection test procedure is configured to simulate an injection technique specific to a predetermined product and a predetermined injection site, wherein the predetermined product comprises a cosmetic injectable; and storing the input testing data and analyzing the input testing data to determine injection test information related to the predetermined product at the predetermined injection site.
Claim 6: A method to analyze a collection of injection training data using one or more signal processors of an injection training system having an anatomically-shaped apparatus and a syringe, the method comprising: providing the anatomically-shaped apparatus, the anatomically-shaped apparatus configured to receive a training injection of the injection technique performed by a user; providing the syringe having a needle, a barrel, and a plunger and configured to deliver the training injection to the anatomically-shaped apparatus, the syringe further comprising at least one syringe sensor on the syringe; receiving, by the one or more signal processors of the injection training system, the collection of injection training data, the collection of injection training data comprising information sets, wherein an information set comprises data collected during the injection training from the at least one syringe sensor, the information set comprising: information describing dynamic motion of the syringe relative to the anatomically-shaped apparatus as the syringe delivers the training injection to the anatomically-shaped apparatus; information describing the anatomically-shaped apparatus; and information describing the training injection; converting, using the one or more signal processors of the injection training system, the collection of injection training data by grouping various types of data into a same format and assigning a label indicating a category of item contents, such that the converted collection of injection training data is in condition for training injection performance analysis; generating, using the one or more signal processors of the injection training system, an aggregate assessment of injection training performance; and outputting from the one or more signal processors, for displaying on a display device during and/or after the training injection, a graphical depiction of the training injection, wherein the graphic depiction includes a digital three-dimensional model of the anatomically-shaped apparatus, a digital three-dimensional model of the syringe, a dynamic position of the plunger in real time, and a location of the needle relative to the digital three-dimensional model of the anatomically-shaped apparatus, the digital three-dimensional model of the anatomically-shaped apparatus comprising a plurality of anatomical layers; wherein the one or more signal processors are configured to alter a view of the graphical depiction to better visualize the training injection.
Claim 1: A method of providing product-specific injection testing data to a user using a testing system, the method comprising: receiving, via a network, input testing data from at least one injection tool that comprises a syringe and one or more sensors on the syringe, wherein: the input testing data is measured by the one or more sensors and relates to an injection test procedure performed by the user using the at least one injection tool on a physical anatomical training apparatus, and the injection test procedure is configured to simulate an injection technique specific to a predetermined product and a predetermined injection site, wherein the predetermined product comprises a cosmetic injectable; and storing the input testing data and analyzing the input testing data to determine injection test information related to the predetermined product at the predetermined injection site.
The claims are not patentably distinct from each other because the claims in the
pending application define an invention that is merely an obvious variation of the
invention claimed in US Patent 10/290,231 and common knowledge in the art. See
the prior art cited in the IDS dated 10/03/2024 and in the attached PTO Form 892.
Dependent claims 13-21 stand rejected as being dependent upon a rejected base claim 12.
Claims 2-11 are system counterparts to representative method claims 12-21 and are, as a result, rejected for reasons similar to those previously explained when addressing representative independent claim 12.
Claims 2-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being obvious over claims 1-27 of U.S. Patent 10/290,232.
US Patent 10/290,232
Application 18/444,994
Claim 1: An injection training system configured for training of a facial injection technique, the system comprising: a syringe having a syringe body and a plunger, the plunger configured to move relative to the syringe body, the syringe body comprising a proximal end and a distal end, the syringe further comprising a flange portion disposed at or near the proximal end, and a needle coupled to the distal end; a training apparatus in the form of an anatomical model of a human head configured to receive a facial training injection performed by a user using the syringe, the training apparatus comprising a layer of synthetic or simulated tissue, the needle of the syringe configured to penetrate the layer of tissue; a location sensing system including a first portion and a second portion, the first portion and the second portion working together to determine a position and orientation of the syringe needle, the first portion coupled to the syringe and configured to move with the syringe, the second portion being stationary relative to the training apparatus, wherein at least one of the first or second portion is at least configured to measure information corresponding to characteristics of a magnetic field; and a processing unit in electrical communication with the location sensing system, wherein the location sensing system is configured to determine and transmit to the processing unit information related to the position and orientation of the syringe needle, the processing unit configured to calculate the position and orientation of the syringe needle relative to the training apparatus, the determined position and orientation including at least a depth and location of the injection associated with the layer of tissue of the training apparatus, and the processing unit further configured to cause a display device to display feedback on how the user performed in the facial training injection, wherein the feedback comprises a three-dimensional graphical depiction of the training injection based at least in part on the calculated position and orientation of the syringe relative to the training apparatus, wherein the three-dimensional graphical depiction comprises a digital model of the syringe and the digital model of the training apparatus, the digital model of the training apparatus comprising a plurality of different anatomical layers, the three-dimensional graphical depiction further comprising a simulated delivery of therapeutic agent to the digital model of the training apparatus and a dynamic position of the plunger in real-time.
Claim 1: A method of providing product-specific injection testing data to a user using a testing system, the method comprising: receiving, via a network, input testing data from at least one injection tool that comprises a syringe and one or more sensors on the syringe, wherein: the input testing data is measured by the one or more sensors and relates to an injection test procedure performed by the user using the at least one injection tool on a physical anatomical training apparatus, and the injection test procedure is configured to simulate an injection technique specific to a predetermined product and a predetermined injection site, wherein the predetermined product comprises a cosmetic injectable; and storing the input testing data and analyzing the input testing data to determine injection test information related to the predetermined product at the predetermined injection site.
Claim 20: An injection training system configured for training of a facial injection technique, the system comprising: a syringe having a syringe body and a plunger, the plunger configured to move relative to the syringe body, the syringe body comprising a proximal end and a distal end, the syringe further comprising a flange portion disposed at or near the proximal end, and a needle coupled to the distal end; a training apparatus in the form of an anatomical model of a human head configured to receive a facial training injection performed using the syringe, the training apparatus comprising a layer of synthetic or simulated tissue, the needle of the syringe configured to penetrate the layer of tissue; a location sensing system, at least a portion of the location sensing system being coupled to the syringe body and the plunger, and configured to move with the syringe, at least another portion of the location sensing system being stationary relative to the training apparatus, wherein the location sensing system is at least configured to measure information corresponding to characteristics of a magnetic field; and one or more processors in electrical communication with the location sensing system, wherein the at least one portion and the at least another portion of the location sensing system are configured to work together to determine and transmit to the one or more processors information related to the position and orientation of the syringe needle, the location sensing system further configured to determine and transmit to the one or more processors information related to a dynamic position of the plunger relative to the syringe needle, the one or more processors configured to calculate the position and orientation of the syringe needle relative to the training apparatus and the dynamic position of the plunger relative to the syringe needle during the facial training injection, the calculated position and orientation of the syringe needle relative to the training apparatus including at least a depth and location of the injection associated with the layer of tissue of the training apparatus, and the one or more processors further configured to cause a display device to display feedback on how the user performed in the facial training injection, wherein the feedback comprises a three-dimensional graphical depiction of the training injection based at least in part on the calculated position and orientation of the syringe relative to the training apparatus and the dynamic position of the plunger relative to the syringe needle, wherein the three-dimensional graphical depiction comprises a digital model of the syringe and the digital model of the training apparatus, the digital model of the training apparatus comprising a plurality of different anatomical layers, the digital model of the syringe comprising a digital model of the plunger moving in real-time relative to a digital model of the syringe needle based on the dynamic position of the plunger relative to the syringe needle during the facial training injection.
Claim 1: A method of providing product-specific injection testing data to a user using a testing system, the method comprising: receiving, via a network, input testing data from at least one injection tool that comprises a syringe and one or more sensors on the syringe, wherein: the input testing data is measured by the one or more sensors and relates to an injection test procedure performed by the user using the at least one injection tool on a physical anatomical training apparatus, and the injection test procedure is configured to simulate an injection technique specific to a predetermined product and a predetermined injection site, wherein the predetermined product comprises a cosmetic injectable; and storing the input testing data and analyzing the input testing data to determine injection test information related to the predetermined product at the predetermined injection site.
Claim 27: An injection training system configured for training of a facial injection technique, the system comprising: a syringe having a syringe body and a plunger, the plunger configured to move relative to the syringe body, the syringe body comprising a proximal end and a distal end, the syringe further comprising a flange portion disposed at or near the proximal end, and a needle coupled to the distal end, wherein the syringe comprises first location sensing means; a training apparatus in the form of an anatomical model of a human head configured to receive a facial training injection performed using the syringe, the training apparatus comprising a layer of synthetic or simulated tissue, the needle of the syringe configured to penetrate the layer of tissue; second location sensing means that is stationary relative to the training apparatus, wherein at least one of the first or second location sensing means is configured to measure information corresponding to characteristics of a magnetic field; and one or more processing means in electrical communication with at least one of the first or second location sensing means, wherein the first and second location sensing means are configured to work together to determine and transmit to the one or more processing means information related to the position and orientation of the syringe needle, the one or more processing means configured to calculate the position and orientation of the syringe needle relative to the training apparatus and a real-time displacement of the plunger relative to the syringe needle during the facial training injection, the calculated position and orientation including at least a depth and location of the injection associated with the layer of tissue of the training apparatus, and the one or more processing means further configured to cause a display device to display feedback on how the user performed in the facial training injection, wherein the feedback comprises a three-dimensional graphical depiction of the training injection based at least in part on the calculated position and orientation of the syringe relative to the training apparatus and the real-time displacement of the plunger relative to the syringe needle, wherein the three-dimensional graphical depiction comprises a digital model of the syringe and the digital model of the training apparatus, the digital model of the training apparatus comprising a plurality of different anatomical layers, and the digital model of the syringe comprising the real-time displacement of the plunger relative to the syringe needle.
Claim 1: A method of providing product-specific injection testing data to a user using a testing system, the method comprising: receiving, via a network, input testing data from at least one injection tool that comprises a syringe and one or more sensors on the syringe, wherein: the input testing data is measured by the one or more sensors and relates to an injection test procedure performed by the user using the at least one injection tool on a physical anatomical training apparatus, and the injection test procedure is configured to simulate an injection technique specific to a predetermined product and a predetermined injection site, wherein the predetermined product comprises a cosmetic injectable; and storing the input testing data and analyzing the input testing data to determine injection test information related to the predetermined product at the predetermined injection site.
The claims are not patentably distinct from each other because the claims in the
pending application define an invention that is merely an obvious variation of the
invention claimed in US Patent 10/290,232 and common knowledge in the art. See
the prior art cited in the IDS dated 10/03/2024 and in the attached PTO Form 892.
Dependent claims 3-11 stand rejected as being dependent upon a rejected base claim 2.
Claims 12-21 are method counterparts to representative system claims 2-11 and are, as a result, rejected for reasons similar to those previously explained when addressing representative independent claim 2.
Allowable Subject Matter
Claims 2-21 would be allowed if the Double Patenting rejections were overcome with a properly filed terminal disclaimer.
Conclusion
The prior art made of record and not relied upon is listed in the attached PTO Form 892 and is considered pertinent to applicant's disclosure.
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/EDDY SAINT-VIL/Primary Examiner, Art Unit 3715