DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/16/2024 has/have been considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it has phrases “Disclosed are”, “the disclosed techniques can”, “In some embodiments”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2, 5-9 and 15-20 of instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 10-13 and 16-17 of U.S. Patent No. 12094205 B2, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 2, 5-9 and 15-20 of the instant application are anticipated by the claims 1, 3, 10-13 and 16-17 of U.S. Patent No. 12094205 B2, respectively.
Instant Application 8809228
U.S. Patent No. 12094205 B2
2. (New) A method performed by a surgical system that has a surgeon console, the method comprising: receiving a sequence of images capturing an empty user seating area of the surgeon console; detecting, using a user-detection classifier to process at least a portion of the sequence of images, a user entering the empty user seating area; responsive to determining that the user has remained in the seating area for a minimum time threshold, displaying a request for user input on a display of the surgical system; and identifying the user based on a user response to the request for user input.
7. (New) The method of claim 2 further comprises receiving the user response through an input device of the surgical system.
1. A computer-implemented method for detecting user switching events at a surgeon console in a robotic surgical system, the method comprising: receiving a first sequence of video images capturing a user seating area of the surgeon console; processing, using a user-presence/absence classifier, the first sequence of video images to detect a first user exiting the user seating area after detecting the first user being present at the user seating area; receiving a second sequence of video images capturing the user seating area; processing, using the user-presence/absence classifier, the second sequence of video images to detect a second user entering the user seating area; generating a window on a monitor of the surgeon console prompting the second user to respond whether the second user is the same user as the first user, wherein the window is generated after a minimum time threshold of detecting the second user at the user seating area following a detecting of a user absence at the user seating area based on the processing of the second sequence of video images, thereby avoiding false positives; receiving a response from the second user; determining whether the second user is the same as the first user based on the received response; and determining that a user switching event has occurred at the surgeon console in response to determining that the second user is not the same as the first user.
5. (New) The method of claim 4, wherein calibrating the one or more user-settings of the surgeon console comprises causing the surgical system to load, for the surgeon console, at least one of user gaze-tracking settings, user interface device (UID)-control settings for a UID that is configured to control a component of the surgical system, or user seat settings associated with the user.
10. The computer-implemented method of claim 9, wherein the set of settings of the surgeon console includes one or more of: user gaze-tracking settings; user interface device (UID)-control settings; and user seat settings.
6. (New) The method of claim 2, wherein detecting, using the user-detection classifier, the user entering the empty user seating area comprises identifying a transition from a set of one or more user-absence decisions based on the user seating area being empty within a first set of the images to a set of one or more user-presence decisions based on the user entering at least a portion of the empty seating area within a second set of the images that are subsequent to the first set of the images.
3. The computer-implemented method of claim 2, wherein processing, using the user-presence/absence classifier, the second sequence of video images to detect the second user entering the user seating area includes: applying the user-presence/absence classifier to the second sequence of video images to generate a corresponding sequence of user-presence/user-absence classifications; and detecting the second user entering the user seating area when the generated user-presence/user-absence classifications transition from continuous us
8. (New) The method of claim 2, wherein the surgical console comprises a plurality of user- settings associated with a previous user who previous to the receiving of the sequence of images entered and sat in the user seating area, wherein the method further comprises: responsive to determining that the identified user is different from the previous user, adjusting at least one of the plurality of user-settings based on the user response; and responsive to determining that the identified user is the previous user, maintaining the plurality of user-settings for the surgical console.
11. The computer-implemented method of claim 9, wherein in response to determining that the second user is the same as the first user, the method comprises maintaining the set of settings of the surgeon console for the first user.
9. (New) A surgical system, comprising: a surgeon console including a user seating area and a display; at least one processor; and memory having instructions which when executed by the at least one processor causes the surgical system to: receive a sequence of images capturing the user seating area absent of any user, detect, using a user-detection classifier to process at least a portion of the sequence of image, a presence of a user at the user seating area, responsive to determining that the user has remained in the user seating area for a minimum time threshold, display a request for user input on the display of the surgeon console, and identify the user based on a user response to the request for user input.
17. A robotic surgical system, comprising: a surgeon console including a user seating area and a display device; and a computer at the surgeon console configured to detect a user switching event at the surgeon console by: receiving a first sequence of video images capturing a user seating area of the surgeon console; processing, using a user-presence/absence classifier, the first sequence of video images to detect a first user exiting the user seating area after detecting the first user being present at the user seating area; receiving a second sequence of video images capturing the user seating area; processing, using the user-presence/absence classifier, the second sequence of video images to detect a second user entering the user seating area; generating a window on a monitor of the surgeon console prompting the second user to respond whether the second user is the same user as the first user, wherein the window is generated after a minimum time threshold of detecting the second user at the user seating area following a detecting of a user absence at the user seating area based on the processing of the second sequence of video images, thereby avoiding false positives; receiving a response from the second user; determining whether the second user is the same as the first user based on the received response; and determining that a user switching event has occurred at the surgeon console in response to determining that the second user is not the same as the first user.
15. (New) A non-transitory machine-readable medium having instructions which when executed by at least one processor of a surgical system causes the surgical system to: receive a sequence of images capturing a user seating area of a surgeon console of the surgical system; detect, using a user-detection classifier to process at least a portion of the sequence of images, a user entering the user seating area; responsive to the detecting of the user entering the user seating area, display a request for user input on a display of the surgical system; and responsive to receiving a response from the user based on the request, calibrate the surgical system based on the response of the user.
12. An apparatus, comprising: one or more processors; and a memory coupled to the one or more processors, wherein the memory stores instructions that, when executed by the one or more processors, cause the apparatus to: receive a first sequence of video images capturing a user seating area of a surgeon console; process, using a user-presence/absence classifier, the first sequence of video images to detect a first user exiting the user seating area after detecting the first user being present at the user seating area; receive a second sequence of video images capturing the user seating area; process, using the user-presence/absence classifier, the second sequence of video images to detect a second user entering the user seating area; generate a window on a monitor of the surgeon console prompting the second user to respond whether the second user is the same user as the first user, wherein the window is generated after a minimum time threshold of detecting the second user at the user seating area following a detecting of a user absence at the user seating area based on the processing of the second sequence of video images, thereby avoiding false positives; receive a response from the second user; determine whether the second user is the same as the first user based on the received response; and determine that a user switching event has occurred at the surgeon console in response to determining that the second user is not the same as the first user.
16. (New) The non-transitory machine-readable medium of claim 15, wherein the instructions to calibrate comprises instructions to load one or more user-settings of the surgeon console according to the response of the user.
17. (New) The non-transitory machine-readable medium of claim 16, wherein the one or more user-settings comprises user gaze-tracking settings, user interface device (UID)-control settings for a UID that is configured to control a component of the surgical system, or user seat settings associated with the user.
18. (New) The non-transitory machine-readable medium of claim 15 comprises further instructions to identify the user based on the response of the user, wherein the surgical system is calibrated according to the identified user.
19. (New) The non-transitory machine-readable medium of claim 18, wherein the surgeon console comprises one or more user-settings associated with a different user, wherein the instructions to calibrate comprises instructions to recalibrate at least one user setting for the identified user.
16. The apparatus of claim 12, wherein after determining that a user switching event has occurred, the memory further stores instructions that, when executed by the one or more processors, cause the apparatus to: determine an identity of the second user; and launch a surgeon-console recalibration procedure to recalibrate a set of settings of the surgeon console for the identified second user, wherein the set of settings includes one or more of: user gaze-tracking settings; user interface device (UID)-control settings; and user seat settings.
20. (New) The non-transitory machine-readable medium of claim 15, wherein the instructions to detect, using the user-detection classifier, the user entering the user seating area comprises instructions to identify a transition from a set of one or more user-absence decisions based on the user seating area being empty within a first set of the images to a set of one or more user-presence decisions based on the user entering at least a portion of the empty seating area within a second set of the images that are subsequent to the first set of the images.
13. The apparatus of claim 12, wherein the memory further stores instructions that, when executed by the one or more processors, cause the apparatus to process, using the user-presence/absence classifier, the first sequence of video images to detect the first user exiting the user seating area by: applying the user-presence/absence classifier to the first sequence of video images to generate a corresponding sequence of user-presence/user-absence classifications, wherein the user-presence/absence classifier is configured to output a binary classification for each input image as either a user-presence classification or a user-absence classification; and detecting the first user exiting the user seating area when the generated user-presence/user-absence classifications transition from continuous user-presence classifications to user-absence classifications.
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 2-3, 6-7, 9-10 and 13-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding independent claim 2, the claim recites a series of steps such as “detecting”, “determining” and “identifying”. Therefore, it is a process. The claim recites processing video image sequences of a user seating area to detect whether the user exits the user seating area or/and enters the user seating area, verifying the user based on response of the user. The limitations, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “surgeon console”, nothing in the claim element precludes the step from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites additional elements - receiving a sequence of video images sequence for capturing a user seating area of the surgeon console and displaying a request for user input. These are data gathering steps. The hardware in these steps is recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea, that is no indication of improvement to any other technology or technical field.
The claim recites additional element “a user-detection classifier”. However, The claim does not provide any details how the classifier operates or how the determination is accomplished. The classifier is described at a high level such that it amounts to use the classifier to apply the abstract idea without limiting how the classifier functions. This type of limitation merely confines the use of the abstract idea to a particular technological environment and thus fails to add an inventive concept to the claim. See MPEP 2106.05(f). Accordingly, the claim recites an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a hardware to perform prompting and providing steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component or simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception (see MPEP 2106.05) cannot provide an inventive concept.
Therefore, the claim is directed to an abstract idea and is not patent eligible.
Claim 9 is rejected under 35 U.S.C. 101 with the same analysis as claim 2.
Claims 3 and 10 recite additional element to perform a capturing step.
Claim 6 recites an identifying step that can be performed in the mind. Accordingly, the claim recites abstract ideas.
Claims 7 and 13 recite additional element to perform a receiving step.
Claims 14 recites a detecting step that can be performed in the mind. Accordingly, the claim recite abstract ideas.
The process in these steps is recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
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 integration of the abstract idea into a practical application, the additional element to estimating, comparing, and receiving steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept
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(s) 2-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al (US 20180092706 A1), hereinafter Anderson in view of Yoo et al (US 20160350610 A1), hereinafter Yoo.
-Regarding claim 2, Anderson discloses a method performed by a surgical system that has a surgeon console, the method comprising (Abstract; FIGS. 1A-19
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): receiving a sequence of images capturing an empty user seating area of the surgeon console (FIG. 1A, display 128, console 120, seat 122, user interface device 126; FIGS. 1B, 2A; [0043], “immersive display … part of a user console … coupled to the seat 122 …”; [0063], “the face frame 222 may be configured to provide a reference guide for consistently positioning the user's face …properly focused images …”; [0068], “detect whether a user is engaged with the face frame … determination of the absence …the detected absence of a user engaged with display 128 as shown in FIG. 1A …”; [0083]; [0106]); detecting, based on at least a portion of the sequence of images, a user entering the empty user seating area ([0052], “identification of a user present in the seat and ready to be engaged with the immersive display …”; [0068], “the detected presence of a user engaged with the immersive display … detect any misalignment or non-optimum positioning …”; [0106]); responsive to determining that the user has remained in the seating area for a minimum time[0052]; [0072], “providing additional input for user interactions with the immersive display …”; [0076], “detect user … for at least a predetermined period of time…”; [0090], “… detect the user's gaze, being interpreted as user input for navigation of a GUI on one of the displays …”; [0091], “capture information about the user and/or for receiving user input as interactive user controls”; [0092]; [0094], “the immersive display is initialized for the user when the user interacts with the immersive display system”; [0095], “identify the user for authorization to operate the robotic surgical system … configured to detect an iris code of a user … load user-associated presets and/or preferences …”; [0097], “the user is identified or logs in as a user of the immersive display … a subsequent time when the user is identified or logs in as a user of the immersive display, the controller may retrieve the user's profile and automatically adjust …”; [0098], “after identifying the user and retrieving the user's profile from a database of stored user profiles, the controller may adjust the support arm to a preferred configuration”; [0099]; [0101]).
Anderson does not disclose a user-detection classifier.
In the same field of endeavor, Yoo teaches a user recognition method by estimating an identifier of the current user based on the extracted user feature, and generating the identifier of the current user in response to an absence of an identifier corresponding to the current user (Yoo: Abstract; FIGS. 1-11). Yoo further teaches a user-presence/absence classifier (Yoo: Abstract; FIG. 1, estimator 120, updater 130; [0057], “determine presence or absence of an identifier corresponding to the current user”; [0063]; [0066], “extracted from the image data … a classifier”; FIGS. 5, 8; [0090]; FIG. 10). Yoo also teaches detecting the first user exiting when the generated user- presence/user-absence classifications transition from continuous user-presence classifications to user-absence classifications (Yoo: Abstract; FIGS. 2, 5; FIG. 10, steps 1030-1040, [0124]; FIG. 11, step 1130, [0129]; [0020]; [0022], “generate an identifier of the current user in response to a determined absence of an identifier corresponding to the current user”; [0057]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Anderson with the teaching of Yoo by using a user-presence/absence classifier in order to provide more accurate and efficient user recognitions for the authorization purposes (Yoo: [0005]).
-Regarding claim 9, Anderson discloses a surgical system, comprising: a surgeon console including a user seating area and a display; at least one processor ([0092]); and memory ([0092]) having instructions which when executed by the at least one processor causes the surgical system to (Abstract; FIGS. 1A-19): receive a sequence of images capturing the user seating area absent of any user (FIG. 1A, display 128, console 120, seat 122, user interface device 126; FIGS. 1B, 2A; [0043], “immersive display … part of a user console … coupled to the seat 122 …”; [0063], “the face frame 222 may be configured to provide a reference guide for consistently positioning the user's face …properly focused images …”; [0068], “detect whether a user is engaged with the face frame … determination of the absence …the detected absence of a user engaged with display 128 as shown in FIG. 1A …”; [0083]; [0106]); detect, based on at least a portion of the sequence of images, a presence of a user at the user seating area ([0052], “identification of a user present in the seat and ready to be engaged with the immersive display …”; [0068], “the detected presence of a user engaged with the immersive display … detect any misalignment or non-optimum positioning …”; [0106]); responsive to determining that the user has remained in the user seating area for a minimum time threshold, display a request for user input on the display of the surgeon console, and identify the user based on a user response to the request for user input ([0052]; [0072], “providing additional input for user interactions with the immersive display …”; [0076], “detect user … for at least a predetermined period of time…”; [0090], “… detect the user's gaze, being interpreted as user input for navigation of a GUI on one of the displays …”; [0091], “capture information about the user and/or for receiving user input as interactive user controls”; [0092]; [0094], “the immersive display is initialized for the user when the user interacts with the immersive display system”; [0095], “identify the user for authorization to operate the robotic surgical system … configured to detect an iris code of a user … load user-associated presets and/or preferences …”; [0097], “the user is identified or logs in as a user of the immersive display … a subsequent time when the user is identified or logs in as a user of the immersive display, the controller may retrieve the user's profile and automatically adjust …”; [0098], “after identifying the user and retrieving the user's profile from a database of stored user profiles, the controller may adjust the support arm to a preferred configuration”; [0099]; [0101]).
Anderson does not disclose a user- detection classifier.
In the same field of endeavor, Yoo teaches a user recognition method by estimating an identifier of the current user based on the extracted user feature, and generating the identifier of the current user in response to an absence of an identifier corresponding to the current user (Yoo: Abstract; FIGS. 1-11). Yoo further teaches a user-presence/absence classifier (Yoo: Abstract; FIG. 1, estimator 120, updater 130; [0057], “determine presence or absence of an identifier corresponding to the current user”; [0063]; [0066], “extracted from the image data … a classifier”; FIGS. 5, 8; [0090]; FIG. 10). Yoo also teaches detecting the first user exiting when the generated user-presence/user-absence classifications transition from continuous user-presence classifications to user-absence classifications (Yoo: Abstract; FIGS. 2, 5; FIG. 10, steps 1030-1040, [0124]; FIG. 11, step 1130, [0129]; [0020]; [0022], “generate an identifier of the current user in response to a determined absence of an identifier corresponding to the current user”; [0057]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Anderson with the teaching of Yoo by using a user-presence/absence classifier in order to provide more accurate and efficient user recognitions for the authorization purposes (Yoo: [0005]).
-Regarding claim 15, Anderson discloses a non-transitory machine-readable medium having instructions which when executed by at least one processor of a surgical system causes the surgical system (Abstract; FIGS. 1A-19; [0092]): receive a sequence of images capturing a user seating area of a surgeon console of the surgical system (FIG. 1A, display 128, console 120, seat 122, user interface device 126; FIGS. 1B, 2A; [0043], “immersive display … part of a user console … coupled to the seat 122 …”; [0063], “the face frame 222 may be configured to provide a reference guide for consistently positioning the user's face …properly focused images …”; [0068], “detect whether a user is engaged with the face frame … determination of the absence …the detected absence of a user engaged with display 128 as shown in FIG. 1A …”; [0083]; [0106]); detect, based on at least a portion of the sequence of images, a user entering the user seating area ([0052], “identification of a user present in the seat and ready to be engaged with the immersive display …”; [0068], “the detected presence of a user engaged with the immersive display … detect any misalignment or non-optimum positioning …”; [0106]); responsive to the detecting of the user entering the user seating area, display a request for user input on a display of the surgical system; and responsive to receiving a response from the user based on the request, calibrate the surgical system based on the response of the user ([0052]; [0072], “providing additional input for user interactions with the immersive display …”; [0076], “detect user … for at least a predetermined period of time…”; [0090], “… detect the user's gaze, being interpreted as user input for navigation of a GUI on one of the displays …”; [0091], “capture information about the user and/or for receiving user input as interactive user controls”; [0092]; [0094], “the immersive display is initialized for the user when the user interacts with the immersive display system”; [0095], “identify the user for authorization to operate the robotic surgical system … configured to detect an iris code of a user … load user-associated presets and/or preferences …”; [0097], “the user is identified or logs in as a user of the immersive display … a subsequent time when the user is identified or logs in as a user of the immersive display, the controller may retrieve the user's profile and automatically adjust …”; [0098], “after identifying the user and retrieving the user's profile from a database of stored user profiles, the controller may adjust the support arm to a preferred configuration”; [0099]; [0101]).
Anderson does not disclose a user- detection classifier.
In the same field of endeavor, Yoo teaches a user recognition method by estimating an identifier of the current user based on the extracted user feature, and generating the identifier of the current user in response to an absence of an identifier corresponding to the current user (Yoo: Abstract; FIGS. 1-11). Yoo further teaches a user-presence/absence classifier (Yoo: Abstract; FIG. 1, estimator 120, updater 130; [0057], “determine presence or absence of an identifier corresponding to the current user”; [0063]; [0066], “extracted from the image data … a classifier”; FIGS. 5, 8; [0090]; FIG. 10). Yoo also teaches detecting the first user exiting when the generated user- presence/user-absence classifications transition from continuous user-presence classifications to user-absence classifications (Yoo: Abstract; FIGS. 2, 5; FIG. 10, steps 1030-1040, [0124]; FIG. 11, step 1130, [0129]; [0020]; [0022], “generate an identifier of the current user in response to a determined absence of an identifier corresponding to the current user”; [0057]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Anderson with the teaching of Yoo by using a user-presence/absence classifier in order to provide more accurate and efficient user recognitions for the authorization purposes (Yoo: [0005]).
-Regarding claims 3, 10, and 21, Anderson in view of Yoo teaches the method of claim 2, the surgical system of claim 9, and the non-transitory machine-readable medium of claim 15. The combination further teaches wherein the display is positioned in front of the user seating area, wherein the display comprises a camera that is arranged to capture the sequence of images (Anderson: FIGS. 1A, 7; [0011], “the immersive display may be configured to display at least one image from an endoscopic camera used in the robotic surgical system”; [0014], “the immersive display may include at least one external camera coupled to the housing”; [0039], “handheld user interface”; [0077]).
-Regarding claims 4, and 11, Anderson in view of Yoo teaches the method of claim 2 and the surgical system of claim 9. The combination further teaches calibrating one or more user-settings of the surgeon console based on an identification of the user (Anderson: [0097], “the user is identified or logs in as a user of the immersive display … a subsequent time when the user is identified or logs in as a user of the immersive display, the controller may retrieve the user's profile and automatically adjust …”; [0098], “after identifying the user and retrieving the user's profile from a database of stored user profiles, the controller may adjust the support arm to a preferred configuration”).
-Regarding claim 16, Anderson in view of Yoo teaches the non-transitory machine-readable medium of claim 15. The combination further teaches to load one or more user-settings of the surgeon console according to the response of the user (Anderson: [0072], “providing additional input for user interactions with the immersive display …”; [0090], “… detect the user's gaze, being interpreted as user input for navigation of a GUI on one of the displays …”; [0091], “capture information about the user and/or for receiving user input as interactive user controls”; [0092]; [0094], “the immersive display is initialized for the user when the user interacts with the immersive display system”; [0095], “identify the user for authorization to operate the robotic surgical system … configured to detect an iris code of a user … load user-associated presets and/or preferences …”).
-Regarding claims 5, 12, and 17, Anderson in view of Yoo teaches the method of claim 4, the surgical system of claim 11, and the non-transitory machine-readable medium of claim 16. The combination further teaches wherein calibrating the one or more user-settings of the surgeon console comprises causing the surgical system to load, for the surgeon console, at least one of user gaze-tracking settings, user interface device (UID)-control settings for a UID that is configured to control a component of the surgical system, or user seat settings associated with the user (Anderson: [0095], “controller may load user-associated presets and/or preferences, such as seat position adjustment settings for a seat assembly in the user console, favorite GUI representations”; [0097], “some or all of these user settings and preferences may additionally or alternatively be determined based on iris code recognition applied to the user”; [0098]-[0099]).
-Regarding claims 6 and 20, Anderson in view of Yoo teaches the method of claim 2, and the non-transitory machine-readable medium of claim 15.
Anderson does not disclose a user-presence/absence classifier to identify a transition from a set of one or more user-absence decisions based on the user leaving an area to a set of one or more user-presence decisions based on the user entering the area with the captured images.
In the same field of endeavor, Yoo teaches a user recognition method by estimating an identifier of the current user based on the extracted user feature, and generating the identifier of the current user in response to an absence of an identifier corresponding to the current user (Yoo: Abstract; FIGS. 1-11). Yoo further teaches a user-presence/absence classifier (Yoo: Abstract; FIG. 1, estimator 120, updater 130; [0057], “determine presence or absence of an identifier corresponding to the current user”; [0063]; [0066], “extracted from the image data … a classifier”; FIGS. 5, 8; [0090]; FIG. 10). Yoo also teaches detecting a user exiting when the generated user-presence/user-absence classifications transition from continuous user-presence classifications to user-absence classifications (Yoo: Abstract; FIGS. 1-2, 5; FIG. 10, steps 1030-1040, [0124]; FIG. 11, step 1130, [0129]; [0020]; [0022], “generate an identifier of the current user in response to a determined absence of an identifier corresponding to the current user”; [0057]; [0062]-[0063]).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Anderson with the teaching of Yoo by using a user-presence/absence classifier in order to provide more accurate and efficient user recognitions for the authorization purposes (Yoo: [0005]).
-Regarding claims 7, and 13, Anderson in view of Yoo teaches the method of claim 2 and the surgical system of claim 9. The combination further teaches to receive the user response through an input device of the surgical system (Anderson: [0010], “interpret the user interactions and have the immersive display respond appropriately …”; [0042]; [0080]; [0089], “Various user interactions may cause the displays …”; [0091], “capture information about the user and/or for receiving user input as interactive user controls”).
-Regarding claim 8, Anderson in view of Yoo teaches the method of claim 2. The combination further teaches wherein the surgical console comprises a plurality of user- settings associated with a previous user who previous to the receiving of the sequence of images entered and sat in the user seating area, wherein the method further comprises: responsive to determining that the identified user is different from the previous user, adjusting at least one of the plurality of user-settings based on the user response; and responsive to determining that the identified user is the previous user, maintaining the plurality of user-settings for the surgical console (Anderson: [0092], “storing various items in memory such as biometrics of a user, user preferences, user profiles”; [0097]; [0098], “after identifying the user and retrieving the user's profile from a database of stored user profiles”; [0103], “customized for different users and stored as user preference in a user's profile, to be loaded during setup of the immersive display”).
-Regarding claim 14, Anderson in view of Yoo teaches the surgical system of claim 9. The combination further teaches wherein the presence of the user is detected when the user enters and sits in the user seating area that is in front of the display of the surgeon console (Anderson: [0052], “… identification of a user present in the seat and ready to be engaged with the immersive display …”; [0068]; [0089]).
-Regarding claim 18, Anderson in view of Yoo teaches the non-transitory machine-readable medium of claim 15. The combination further teaches to identify the user based on the response of the user, wherein the surgical system is calibrated according to the identified user (Anderson: [0072], “providing additional input for user interactions with the immersive display …”; [0090], “… detect the user's gaze, being interpreted as user input for navigation of a GUI on one of the displays …”; [0091], “capture information about the user and/or for receiving user input as interactive user controls”; [0092]; [0094], “the immersive display is initialized for the user when the user interacts with the immersive display system”; [0095], “identify the user for authorization to operate the robotic surgical system … configured to detect an iris code of a user … load user-associated presets and/or preferences …”).
-Regarding claim 19, Anderson in view of Yoo teaches the non-transitory machine-readable medium of claim 18. The combination further teaches wherein the surgeon console comprises one or more user-settings associated with a different user, wherein the instructions to calibrate comprises instructions to recalibrate at least one user setting for the identified user (Anderson; [0072]; [0090]-[0092]; [0094]-[0095]; [0103], “may be customized for different users and stored as user preference in a user's profile, to be loaded during setup…”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kourliouros (US 10955803 B1), hereinafter Kourliouros teaches a method for documenting and managing execution of procedures in a graphical interface environment to reduce human factor risks and accidents with improved connectivity between the systems running the procedures and the systems being controlled or monitored by the procedures. Kourliouros further teaches that a display may present the operator with a request for verification that the other procedural chain is to be executed (Kourliouros: FIG. 3A).
Henderson (US 8014756 B1), hereinafter Henderson teaches an authorization request screen that may include multiple fields for user input, as well as one or more display fields (Henderson: FIG. 2A).
Khadloya et al (US 20190258866 A1), hereinafter Khadloya teaches a method for detecting human presence in or absence from a field-of-view of a camera by analyzing camera data. Khadloya further teaches to process the image data and determine if a human being is or is not present during a particular time, interval, or sequence of frames.
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/XIAO LIU/Primary Examiner, Art Unit 2664
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