DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to claims in application 18/703,397 filed on 4/22/2024.
The instant application claims benefit to provisional application #63/271,876 with a priority date of 10/26/2021.
The Pre-Grant publication # 20250239172 is published on 7/24/2025.
Claims 1-20 are pending.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claimed invention is a process and computer readable medium. Thus fall within one of the four statutory categories (Step 1: YES).
Claims 1 , 10 and 18 are directed to a mixed and augmented reality medical procedure simulation method for receiving identifying and generating in a simulations database (30), a user-specific mixed reality medical procedure simulation by presenting the user-specific mixed reality medical procedure simulation to the user.
performing a risk analysis on the medical procedure the user wants to simulate to generate a risk model (34) for the medical procedure the user wants to simulate;
generating a user-specific mixed reality medical procedure simulation by augmenting the selected mixed reality medical procedure simulation with the risk model; and presenting the user-specific mixed reality medical procedure simulation to the user. The actions of receiving, performing, extracting, outputting, presenting simulation falls within the “Certain Method of Organizing Human Activity” groupings of abstract ideas subject to the 2019 Revised Patent Subject Matter Eligibility Guidance. Also reading, identifying, analysis, evaluation feature are “Mental Processes” by specifically instances of managing interactions between tutor and learners people. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, and/or a certain method of managing interactions between people but for the recitation of generic computer components, then it falls within the “Mental Processes” and “Certain Method of Organizing Human Activity” groupings of abstract ideas, respectively. The analysis of skills and operation by trainees using verified algorithm is use of existing mathematical relationships, formulas. Hence are mathematical concepts. Accordingly, the claims recite one or more groupings of abstract idea(s). (Step 2A; Prong One: Yes).
All of these involve steps drawn to concept categorized as an actions that are receiving, observing, identifying, evaluating and judging of textual inputs. A concept that are mental processes and by including generating feedback text revision and processing of information they falls within the “Mental Processes” and “Certain Method of Organizing Human Activity” groupings of abstract ideas subject to the 2019 Revised Patent Subject Matter Eligibility Guidance. These are resulting oriented solution derived by organization of certain methods of human behavior involving steps that are drawn to concept of categorizing actions based on observing, identifying, generating, evaluating and judging of a prompt and to predicted set of requirement for response without any significant improvement in functionality of machines. The use of revision by machine-learned model could also be categorized as a use mathematical calculations are falling within some mathematical concepts They are generally categorized as a grouping of an abstract idea (Step 2A: Prong 1 YES).
The independent claims do not include additional elements that are sufficient to be significantly more than the judicial exception because the limitations of augmenting the selected mixed reality medical procedure simulation with the risk model, one or more user inputs from a user, quantifying one or more risk factors with at least one user input device (22), a medical procedure the user wants to simulate, quantifying one or more risk factors (36) based on an expertise level of the use, log data analysis, a computer system with interface display, a processor, a memory, network remote storage, are merely use of generic computer functions applied using computer parts. That is simply applying and performing a risk analysis on the medical procedure the user wants to simulate to generate a risk model output for the medical procedure the user wants. Hence not indicative of integration of a practical application (Step 2A: Prong 2 No).
The steps in the recited claims that are highlighted for augmented reality risk model generation are a well-understood, routine, and conventional activities known in art.
Fig.1 of the instant specification depict touchable object movements for a hardware/ software in a standard AR/VR environment with education method implementing the process claimed here. They are disclosed in their specification in a manner that indicates that those features are well-known, routine, and conventional. They are not dealing with actual improvements to, e.g., AR/VR, machine learning, etc.
As an example in case of Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93, the activities of storing and retrieving of information in a memory of consumer electronic for a field of use purposes are recognized to be computer functions well-understood, routine, and conventional, when they are claimed in a merely generic manner. Further, there found to be no additional elements here in the claim recitation that improves the functioning of a computer itself to overcome the abstract idea rejection (Step 2B: No).
Claims 2-9, 11-17,19, and 20 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Additionally, taking the claimed elements individually yields no difference from taking them in combination because each element simply performs its respective function as discussed above. In other words, these claims involving analyzing of log data of a medical device, historical patient data of historical patients, quantifying the one or more risk factors, playing back the user-specific mixed reality medical procedure educational simulation, determining received user input corresponding to a correct step in the medical procedure etc. These are merely apply an abstract idea to a programmable processor or computer and do not improve the performance of the process or computer itself or provide a technical solution to a problem in a technical field. They do not effect a transformation of a particular article to a different state or thing, the underlying computing elements remain the same. Instead, the additional features merely amount to an instruction to apply the abstract idea using generic, functional, and conventional components well-known in the art. Mere instructions to apply an exception using the generic computer components cannot provide an inventive concept. Therefore, for these reasons, it appears that claims 1-20 are not patent-eligible 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)(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 1-20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by US 20200273372 A1 to Grant et al.(Grant).
Claim 1. Grant teaches a non-transitory computer readable medium (26) storing instructions executable by at least one electronic processor to perform a mixed reality medical procedure simulation method (Para 0002- 0007 medical procedure virtual procedure), the method comprising:
receiving, via one or more user inputs from a user with at least one user input device , a medical procedure the user wants to simulate (Para 0001 user input injection of medical training scenarios based on patient similarity cohort identification).
identifying, in a simulations database, a mixed reality medical procedure educational simulation similar to the medical procedure the user wants to simulate (Para 0003 Medical simulation in augmented reality data system);
performing a risk analysis on the medical procedure the user wants to simulate to generate a risk model for the medical procedure the user wants to simulate (Para 0022-0025 simulation system receiving risk factors);
generating a user-specific mixed reality medical procedure simulation by augmenting the selected mixed reality medical procedure simulation with the risk model ( Para 0025 specific patient cohort) ; and
presenting the user-specific mixed reality medical procedure simulation to the user (Fig.1 elements 104 , 124 simulation output to client device).
Claim 2. Grant teaches the non-transitory computer readable medium of claim 1, wherein the risk analysis is based on one or more risk factors of a specific patient on whom the user wants to perform the medical procedure the user want to learn (Para 0027 custom-tailor the medical training (surgical) simulation for a specific patient candidate).
Claim 3. Grant teaches the non-transitory computer readable medium of claim 1, wherein the risk analysis includes: analyzing log data of a medical device to be used in the medical procedure the user wants to learn and historical patient data of historical patients who have undergone the medical procedure the user wants to learn; and quantifying the one or more risk factors based on the analyzing of the log data and the historical patient data (Fig.5; Para 0045-0046 patient candidate with medical history quantifying risk factor logged).
Claim 4. Grant teaches the non-transitory computer readable medium of claim 3, wherein quantifying the one or more risk factors based on the analyzing of the log data and the historical patient data further includes: quantifying the one or more risk factors based on an expertise level of the user ( Para 0077 technical detail as an expertise level).
Claim 5. Grant teaches the non-transitory computer readable medium of claim 3,wherein the generating of the user-specific mixed reality medical procedure educational simulation includes: augmenting the selected mixed reality medical procedure educational simulation with the quantified one or more risk factors (Para 0044 augmented googles to quantify risk factors).
Claim 6. Grant teaches the non-transitory computer readable medium of claim 5, wherein augmenting the selected mixed reality medical procedure educational simulation with the quantified one or more risk factors includes: adding mixed reality content indicative of the one or more risk factors at time points in the selected mixed reality medical procedure educational simulation at which the quantified one or more risk factors occur (Para 0054 deal with occurrence at time of working on a workpiece).
Claim 7. Grant teaches the non-transitory computer readable medium of any one of claim1, wherein presenting the user-specific mixed reality medical procedure educational simulation to the user includes: presenting the simulation using an AR device worn by the user (Para 0023 wear or worn augmented reality goggles that display information).
Claim 8. Grant teaches the non-transitory computer readable medium of any one of claim1, wherein presenting the user-specific mixed reality medical procedure educational simulation to the user includes: playing back the user-specific mixed reality medical procedure educational simulation; during the playing back, receiving a user input indicative of the user interacting with the user-specific mixed reality medical procedure educational simulation; and adjusting a speed of playback of the user-specific mixed reality medical procedure educational simulation based on the user input received during the playing back (Para 0040 process may repeat, continuing to refine by playing of specific data for identifying relevant practice scenarios of simulation).
Claim 9. Grant teaches the non-transitory computer readable medium of claim 8, wherein presenting the user-specific mixed reality medical procedure educational simulation to the user includes: playing back the user-specific mixed reality medical procedure educational simulation; during the playing back, receiving a user input indicative of the user interacting with the user-specific mixed reality medical procedure educational simulation; determining whether the received user input corresponds to a correct step in the medical procedure; and if the received user input is determined to not correspond to a correct step, providing mixed reality content that the user input was not correct (Para 0040 process may repeat, continuing to refine and improve the accuracy or correctness by playing of data for identifying relevant practice scenarios for surgical simulation).
Claim 10. Grant reaches a non-transitory computer readable medium (26) storing instructions executable by at least one electronic processor (29) to perform an augmented reality (AR) medical procedure education method (100), the method comprising: receiving, via one or more user inputs from a user with at least one user input device (22), a medical procedure the user wants to learn; identifying, in a simulations database (30), a mixed reality medical procedure educational simulation (32) similar to the medical procedure the user wants to learn; performing a risk analysis on the medical procedure the user wants to learn to generate a risk model (34) for the medical procedure the user wants to learn by quantifying one or more risk factors (36) based on an expertise level of the user; generating a user-specific mixed reality medical procedure educational simulation (12) by augmenting the selected mixed reality medical procedure educational simulation with the risk model; and presenting the user-specific mixed reality medical procedure educational simulation to the user (Para 0001- 0007 medical procedure with virtual procedure based on user-specific patient similarity cohort identification; Para 0022-0025 mixed reality medical procedure educational simulation receiving risk factors analysis, quantifying one or more risk factors based on an expertise level of the user ; Fig.1 elements 104 , 124 simulation output to client device).
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Claim 11. Grant teaches the non-transitory computer readable medium of claim 10, wherein the risk analysis is based on one or more risk factors of a specific patient on whom the user wants to perform the medical procedure the user want to learn (Para 0027 custom-tailor the medical training simulation for a specific patient candidate).
Claim 12. Grant teaches the non-transitory computer readable medium of either one of claims 10 and 1lclaim 10, wherein the risk analysis includes: analyzing log data of a medical device to be used in the medical procedure the user wants to learn and historical patient data of historical patients who have undergone the medical procedure the user wants to learn; and quantifying the one or more risk factors (36) based on the analyzing of the log data and the historical patient data (Fig.5; Para 0045-0046 patient candidate with medical history quantifying risk factor logged).
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Claim 13. Grant teaches the non-transitory computer readable medium of any one of claims 10-12claim 10, wherein the generating of the user-specific mixed reality medical procedure educational simulation includes: augmenting the selected mixed reality medical procedure educational simulation with the quantified one or more risk factors (Para 0054 deal with occurrence at time point of working on a workpiece).
Claim 14. Grant teaches the non-transitory computer readable medium of claim 13, wherein augmenting the selected mixed reality medical procedure educational simulation (32) with the quantified one or more risk factors includes: adding mixed reality content indicative of the one or more risk factors at time points in the selected mixed reality medical procedure educational simulation at which the quantified one or more risk factors occur (Para 0054 deal with occurrence at time of working augmenting on a workpiece).
Claim 15. Grant teaches the non-transitory computer readable medium of any one of claim 10, wherein presenting the user-specific mixed reality medical procedure educational simulation to the user includes: presenting the simulation using an AR device worn by the user (Para 0023 wear or worn augmented reality goggles that display information) .
Claim 16. Grant teaches the non-transitory computer readable medium of any one of claim 10, wherein presenting the user-specific mixed reality medical procedure educational simulation to the user includes: playing back the user-specific mixed reality medical procedure educational simulation; during the playing back, receiving a user input indicative of the user interacting with the user-specific mixed reality medical procedure educational simulation; and adjusting a speed of playback of the user-specific mixed reality medical procedure educational simulation based on the user input received during the playing back (Para 0040 process may repeat, continuing to refine by playing of specific data for identifying relevant practice scenarios of simulation)..
Claim 17. Grant teaches the non-transitory computer readable medium (26) of claim 16, wherein presenting the user-specific mixed reality medical procedure educational simulation (12) to the user includes: playing back the user-specific mixed reality medical procedure educational simulation; during the playing back, receiving a user input indicative of the user interacting with the user-specific mixed reality medical procedure educational simulation; determining whether the received user input corresponds to a correct step in the medical procedure; and if the received user input is determined to not correspond to a correct step, providing mixed reality content that the user input was not correct (Para 0040 process may repeat, continuing to refine and improve the accuracy or correctness by playing of data for identifying relevant practice scenarios for surgical simulation).
Claim 18. (Currently Amended) A mixed reality medical procedure education method (100), the method comprising: receiving, via one or more user inputs from a user with at least one user input devices medical procedure the user wants to learn; identifying, in a simulations database (30), a mixed reality medical procedure educational simulation (32) similar to the medical procedure the user wants to learn; performing a risk analysis on the medical procedure the user wants to learn to generate a risk model (34) for the medical procedure the user wants to learn by analyzing log data of a medical device to be used in the medical procedure the user wants to learn and historical patient data of historical patients who have undergone the medical procedure the user wants to learn and quantifying the one or more risk factors (36) based on the analyzing of the log data and the historical patient data; generating a user-specific mixed reality medical procedure educational simulation (-2) by augmenting the selected mixed reality medical procedure educational simulation with the risk model; and presenting the user-specific mixed reality medical procedure educational simulation to the user (Para 0001- 0007 medical procedure with virtual procedure based on user-specific patient similarity cohort identification; Para 0022-0025 mixed reality medical procedure educational simulation receiving risk factors analysis ; Fig.1 elements 104 , 124 simulation output to client device).
Claim 19. Grant teaches the method (100) of claim 18, wherein the risk analysis is based on one or more risk factors of a specific patient on whom the user wants to perform the medical procedure the user wants to learn (Para 0027 custom-tailor the medical training (surgical) simulation for a specific patient candidate).
Claim 20. Grant teaches the method (100) of either one of claims 18,wherein the generating of the user-specific mixed reality medical procedure educational simulation includes: augmenting the selected mixed reality medical procedure educational simulation with the quantified one or more risk factors (Para 0054 deal with occurrence at time of working augmenting on a workpiece)..
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
FISHER; Niv et al. US 20180090029 A1
METHOD AND SYSTEM FOR MEDICAL SIMULATION IN AN OPERATING ROOM IN A VIRTUAL REALITY OR AUGMENTED REALITY ENVIRONMENT
Goel; Danny P. et al. US 20190318640 A1
MEDICAL VIRTUAL REALITY, MIXED REALITY OR AGUMENTED REALITY SURGICAL SYSTEM
US 20180098813 A1 NESICHI; Lior et al.
METHOD AND SYSTEM FOR RENDERING A MEDICAL SIMULATION IN AN OPERATING ROOM IN VIRTUAL REALITY OR AUGMENTED REALITY ENVIRONMENT.
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/S.Z/Examiner, Art Unit 3715 March 19, 2026
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
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