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 .
Status of the Application
Claims 1-7, 9, 12-15, 17-18, and 20-21 are currently pending in this case and have been examined and addressed below. This communication is a Final Rejection in response to the Amendments to the Claims and Remarks filed on 09/16/2025.
Claims 1, 4-5, 7, 9, and 14 are currently amended.
Claims 8, 10-11, 16, and 19 are canceled.
Claim 21 is added.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-3, 5-7,13-14, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GRANTCHAROV et al. (US-20220270750-A1)[hereinafter Grantcharov].
As per Claim 1, Grantcharov discloses a method of flagging surgical information, comprising, by a processor of an intelligent medical device in paragraphs [0122] and [0133] and [0155] and [0159] and [0392] (a method of annotating and tagging surgical data, by a processor of a hardware unit (synonymous to an intelligent medical device)): acquiring data from one or more sensors of the intelligent medical device during a medical procedure, each of the one or more sensors configured to measure a quantity relevant to the medical procedure in paragraphs [0033] and [0051] and [0054] and [0077] and [0101] and [0122] (collecting the surgical data from one or more sensors of the hardware unit during a medical procedure, each one of the sensors to measure a quantity relevant to the medical procedure); generating a stream of digital data comprising the data from the one or more sensors acquired during the medical procedure in paragraphs [0050-0051] and [0077] and [0079] and [0211-0212] (generating a surgical data stream, referred to as a comprehensive data feed or synchronized surgical data stream, including the surgical data from the one or more data capture devices during the medical procedure); receiving a signal from an input device of the intelligent medical device at a moment in time during the medical procedure, the signal indicating the moment in time during the medical procedure in paragraphs [0077] and [0088] and [0106] and [0123] (receiving input control (synonymous to a signal), referred to as control command, from a control interface (synonymous to an input device) of the hardware unit at a moment during the medical procedure, the input control indicating the moment in time during the medical procedure); flagging the stream of digital data with metadata based on the time of the received signal in paragraphs [0037] and [0042-0043] and [0159] and [0228] (annotating and tagging the synchronized data stream with annotations or tags based on the timepoints of the received input control); and storing the stream of digital data and the metadata on a server in paragraphs [0054] and [0066] (storing the synchronized data stream and the annotations or tags on a central content server).
As per Claim 2, Grantcharov discloses the method of claim 1, Grantcharov also discloses wherein acquiring the data from the one or more sensors comprises acquiring a stream of data from the one or more sensors of the intelligent medical device in paragraphs [0033] and [0051] and [0054] and [0077] and [0101] and [0122] (collecting the surgical data streams from one or more sensors of the hardware unit).
As per Claim 3, Grantcharov discloses the method of claim 1, Grantcharov also discloses wherein acquiring the data from the one or more sensors comprises acquiring the data from a plurality of sensors in paragraphs [0033] and [0051] and [0054] and [0077] and [0101] and [0122] (collecting the surgical data from a plurality of sensors).
As per Claim 5, Grantcharov discloses the method of claim 1, Grantcharov also discloses wherein flagging the acquired data with metadata comprises flagging the acquired data with metadata indicating a start time and a stop time based on a duration of the received signal in paragraphs [0033] and [0042] and [0093] and [0137] and [0254] (tagging the synchronized data streams with tags includes tagging the synchronized data streams with tags and timestamps indicating a start time and stop time based on the duration of the input control).
As per Claim 6, Grantcharov discloses the method of claim 1, Grantcharov also discloses further comprising: retrieving the stored data in paragraphs [0066] and [0158-0159] (retrieving the stored synchronized data stream); and presenting the stored data for review based on the metadata in paragraphs [0054] and [0056] and [0159-0161] and [0295] and [0325] (displaying the stored synchronized data stream for review based on the tags and time stamps).
As per Claim 7, Grantcharov discloses an intelligent medical device in paragraphs [0122] and [0133] and [0155] (a hardware unit) comprising: one or more sensors, each sensor configured to obtain data that is relevant to a medical procedure and generate a stream of digital data comprising the data from the one or more sensors acquired during the medical procedure in paragraphs [0033] and [0051] and [0054] and [0077] and [0101] and [0122] (one or more sensors to collect the surgical data relevant to the medical procedure and generate a surgical data stream, referred to as a comprehensive data feed or synchronized surgical data stream including surgical data from the one or more sensors during the medical procedure); an input device in paragraphs [0123] (control interface); and a processor and a computer-readable memory containing programming instructions that are configured to, when executed by the processor in paragraphs [0155] and [0394] (a processor and a computer readable medium including software instructions, executed by the processor), cause the processor to: obtain the data from the one or more sensors and generate the stream of digital data during the medical procedure in paragraphs [0033] and [0050-0051] and [0054] and [0077] and [0079] and [0101] and [0122] and [0211-0212] (collect the surgical data from one or more sensors and generating a surgical data stream, referred to as a comprehensive data feed or synchronized surgical data stream during the medical procedure); receive a signal from the input device at a moment in time during the medical procedure in paragraphs [0077] and [0088] and [0106] and [0123] (receive input control (synonymous to a signal), referred to as control command, from a control interface at a moment during the medical procedure); flag the stream of digital data with metadata indicating the moment in time of the received signal in paragraphs [0037] and [0042-0043] and [0159] and [0228] (annotate and tag the synchronized data stream with annotations or tags indicating a time point of the received input control); and store the stream of digital data and the metadata on a server for subsequent review in paragraphs [0054] and [0066] and [0159-0161] and [0295] and [0325] (storing the synchronized data stream and the annotations or tags on a central content server for review).
As per Claim 13, Grantcharov discloses the intelligent medical device of claim 7, Grantcharov also discloses wherein the one or more sensors comprise a plurality of sensors, each sensor of the plurality of sensors configured to generate a time-stamped stream of digital data in paragraphs [0033] and [0051] and [0054] and [0077] and [0101] and [0122] and [0133] (one or more sensors include a plurality of sensors, each sensor of the plurality of sensors to generate a time-stamped surgical data stream).
As per Claim 14, Grantcharov discloses a method of presenting stored data for review in paragraphs [0054] and [0056] and [0159-0162] and [0295] and [0325] ( a method of displaying the stored synchronized data stream for review), the method comprising: receiving a stream of digital data from each of a plurality of intelligent medical devices, at least one stream of digital data comprising metadata indicating a moment in time during a medical procedure in paragraphs [0046] and [0051] and [0122] and [0158-0159] and [0227] (receiving a surgical data stream from a plurality of hardware units (synonymous to intelligent medical devices), the surgical data stream including tagged or time stamped (Examiner notes that a time stamp on the surgical data stream indicates a moment in time during the medical procedure)); storing the received data and the metadata for subsequent review in paragraphs [0054] and [0066] and [0159-0161] and [0295] and [0325] (storing the synchronized data stream and the annotations or tags for review); determining, based on the metadata, a start time in the received data for replaying each stream of digital data in paragraphs [0137] and [0223] (determining, based on the time stamps, a start time in the surgical data stream for replaying each surgical data stream); determining, based on the metadata, a stop time for the received data in paragraphs [0137] (determining, based on the time stamps, a stop time for the surgical data stream); synchronously presenting each stored stream of digital data for review starting at a point in each stored stream of digital data indicated by the start time in paragraphs [0042-0043] and [0137] and [0166] and [0216] and [0223] (presenting each stored synchronized surgical data streams (synonymous to stream of digital data) for review starting at the start of the recording session); and stopping the presentation of at least one stored stream of digital data at a point indicated by the stop time in paragraphs [0037] and [0137] and [0223] (stopping the presentation of the surgical data stream at the end of the recording session).
As per Claim 21, Grantcharov discloses the method of claim 14, Grantcharov also discloses wherein stopping the presentation of at least one stored stream of digital data at a point indicated by the stop time comprises stopping the presentation of each stored stream of digital data at the point indicated by the stop time in paragraphs [0037] and [0137] and [0223] (stopping the presentation of each surgical data streams at the end of the recording session).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over GRANTCHAROV et al. (US-20220270750-A1)[hereinafter Grantcharov], in view of HAYASHI et al. (US-20210249109-A1)[hereinafter Hayashi].
As per Claim 4, Grantcharov discloses the method of claim 5.
Grantcharov does not disclose the following limitations. However, Hayashi discloses wherein receiving the signal from the input device comprises receiving input from a floor pedal for the duration in paragraphs [0059] and [0068-0069] and [0159] (receive input from a foot switch (synonymous to a floor pedal) (Examiner notes that the signal is received from the user when the foot switch is in use) for the duration).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method of flagging surgical information, as disclosed by Grantcharov, to be combined with receiving input from a floor pedal for the duration, as disclosed by Hayashi, for the purpose of storing surgical records and improving protection personal information [0010].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over GRANTCHAROV et al. (US-20220270750-A1)[hereinafter Grantcharov], in view of Johnson et al. (US-20210393339-A1)[hereinafter Johnson].
As per Claim 9, Grantcharov discloses the intelligent medical device of claim 7, Grantcharov also discloses further comprising a surgical robot in paragraph [0133] (autonomous surgical robots).
Grantcharov does not disclose the one or more sensors including one or more sensors of the surgical robot. However, Johnson discloses further comprising a surgical robot, wherein the one or more sensors comprise one or more sensors of the surgical robot in paragraphs [0035] and [0093] (a robotic surgical system (synonymous to a surgical robot), wherein the one or more sensors include the one or more sensors of the robotic surgical system).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of an intelligent medical device, as disclosed by Grantcharov, to be combined with a surgical robot with sensors, as disclosed by Johnson, for the purpose of enabling effective operation of robotic surgical systems [0003-0005].
Claims 12, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over GRANTCHAROV et al. (US-20220270750-A1)[hereinafter Grantcharov], in view of Azad et al. (US-20240331354-A1)[hereinafter Azad].
As per Claim 12, Grantcharov discloses the intelligent medical device of claim 7.
Grantcharov does not disclose the following limitations. However, Azad discloses further comprising a display screen, wherein the programming instructions that are configured to cause the processor to flag the stream of digital data with metadata comprise programming instructions that are configured to cause the processor to in paragraphs [0010] and [0129] and [0151-0160] (a display screen, wherein the program instructions cause the processor to): prompt, via the display screen, a user to input an annotation in paragraphs [0018] and [0109] and [0129] and [0153-0159] (initiating, via the display, a user to input audio (synonymous to an annotation), wherein the audio is used to annotate the image); and flag the stream of digital data with metadata including the annotation in paragraphs [0018] and [0109] and [0129] and [0153-0159] (matching the image and annotation data (synonymous to the metadata including the annotation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of an intelligent medical device, as disclosed by Grantcharov, to be combined with prompt a user to input an annotation via display screen and flag the stream of digital data with metadata including an annotation, as disclosed by Azad, for the purpose of improving the cost, time-consumption, and standardization [0005].
As per Claim 17, Grantcharov discloses the method of claim 14.
Grantcharov does not disclose the following limitations. However, Azad discloses wherein the metadata further comprises an annotation and the method further comprises presenting the annotation in paragraphs [0126] and [0145] (annotating one or more images and displays the annotations).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method of presenting stored data for review, as disclosed by Grantcharov, to be combined with metadata including an annotation and presenting the annotation, as disclosed by Azad, for the purpose of improving the cost, time-consumption, and standardization [0005].
As per Claim 18, Grantcharov and Azad disclose the method of claim 17.
Grantcharov does not disclose the following limitations. However, Azad discloses wherein presenting the annotation comprises presenting the annotation in response to user input in paragraphs [0144-0145] (display the annotation in response to user input (Examiner notes that displaying the annotation is synonymous to presenting the annotation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method of presenting stored data for review, as disclosed by Grantcharov, to be combined with presenting the annotation in response to user input, as disclosed by Azad, for the purpose of improving the cost, time-consumption, and standardization [0005].
As per Claim 20, Grantcharov discloses the method of claim 14.
Grantcharov does not disclose the following limitations. However, Azad discloses further comprising displaying a timestamp corresponding to the point in the data stream being presented in paragraph [0252] (display a timestamp corresponding to the time of the image being acquired).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method of presenting stored data for review, as disclosed by Grantcharov, to be combined with displaying a timestamp corresponding to the point in the data stream is presented, as disclosed by Azad, for the purpose of improving the cost, time-consumption, and standardization [0005].
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over GRANTCHAROV et al. (US-20220270750-A1)[hereinafter Grantcharov], in view of Wolf et al. (US-20200237452-A1)[hereinafter Wolf].
As per Claim 15, Grantcharov disclose the method of claim 14.
Grantcharov does not disclose the following limitations. However, Wolf discloses further comprising, in response to receiving the stream of digital data comprising the metadata, transmitting a notification in paragraphs [0112] and [0153] and [0441] (in response to receiving the analysis of surgical footage (synonymous to stream of digital data), wherein the analysis includes timestamps (synonymous to metadata), a notification is sent (Examiner notes that sending a notification indicates the transmission of a notification)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method of presenting stored data for review, as disclosed by Grantcharov, to be combined with transmitting a notification in response to receiving the stream of digital data, as disclosed by Wolf, for the purpose of efficiently and effectively analyze surgical videos [0004].
Response to Arguments
Applicant's arguments, see Pages 6-10, “CLAIM REJECTIONS - 35 U.S.C. § 101”, filed 09/16/2025 with respect to claims 1, 7 and 14 have been fully considered and are persuasive.
Applicant’s arguments, see Pages 10-13, “CLAIM REJECTIONS - 35 U.S.C. §§ 102, 103”, filed 09/16/2025 with respect to claims 1, 7, and their dependent claims have been fully considered.
With regards to claims 1-7, 9, and 12-13, Applicant argues that the combination of Chen, Azad, Hayashi, and Wolf fails to teach or suggest the amended limitations recited in claims 1 and 7. Examiner finds this persuasive. Upon further consideration a new grounds of rejection is made over Grantcharov.
With regards to claims 14-15, 17-18, and 20-21, Applicant argues that the combination of Chen, Azad, Hayashi, and Wolf fails to teach or suggest the amended limitations recited in claim 14. Examiner finds this persuasive. Upon further consideration a new grounds of rejection is made over Grantcharov.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Y. Gao, ( "Unsupervised surgical data alignment with application to automatic activity annotation") teaches an automated method to align surgical recordings and assign activity annotations.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTEN N WRIGHT whose telephone number is (571)272-5116. The examiner can normally be reached Monday thru Friday 8 - 5 pm, ET.
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/K.N.W./
Examiner, Art Unit 3682
/FONYA M LONG/Supervisory Patent Examiner, Art Unit 3682