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 .
Status of the Claims
Claims 1-20 are currently pending in the present application, with claims 1, 11, and 17 being independent. Claims 11-16 have been withdrawn from Examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 25 February 2026 has been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group 1 (Claims 1-10 and 17-20) in the reply filed on 27 May 2026 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a patient device configured to...an AR object processing engine in communication with the AR server, wherein the AR object processing engine is configured to...AR object...in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 and 17-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claims 1 and 17, and claims depending thereon, the scope of the claimed terms when afforded their broadest reasonable interpretation in light of the corresponding disclosure is unclear. For instance, it is not immediately clear as to how an immersive environment is superimposed upon the physical environment. The examiner respectfully requests the applicant clarify the scope of the claimed limitation. For the purposes of further examination, the examiner is interpreting the claim as overlaying virtual elements upon the physical environment.
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.
Claim(s) 1-10 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Robaina et al. (US PG Publication 2018/0197624).
Regarding claim 1, Robaina teaches an augmented reality (AR) system configured to virtually position a virtual object into a physical environment (see for instance, paragraph 4, 108, 109, and 127), comprising: an AR server configured to create an immersive environment superimposed on the physical environment (see for instance, paragraphs 174 and 254-256. The remote computing system may include server computer systems that are clustered and located at different geographic locations, see for instance, paragraphs 174 and 254);
a patient device configured to monitor a condition data of a patient, wherein the patient device is in communication with the AR server and is configured to transmit the condition data to the AR server (Psychological sensors on the wearable device can determine information about, e.g., the patient’s heart rate, respiration rate, blood pressure, etc, see for instance, paragraph 232, 268, 303, 316, and 356. Fig. 12 illustrates an example computing environment in which multiple wearable devices can interact with each other in a healthcare setting, see for instance, paragraph 133 and fig. 12);
an AR object processing engine in communication with the AR server, wherein the AR object processing engine is configured to generate and place an AR object in the immersive environment, wherein the AR object is selected based on a type of the condition data and is configured to display the condition data (The wearable device can present virtual content based on contextual information, see for instance, paragraph 310. Contextual information can include information associated with a user of a wearable device and information associated with the user's environment, see for instance, paragraph 310. The wearable device can determine contextual information based on data acquired by one or more environmental sensors, data accessed from the remote data repository 280 or the healthcare database system 1220, in combination or the like, see for instance, paragraph 311. The virtual objects may be associated with the patient’s virtual medical record, the patient’s physiological data, information associated with the surgery, and so on, see for instance, paragraph 356); and
one or more user devices in communication with the AR server, wherein at least one of the one or more user devices is configured to view or display the immersive environment, including the AR object, superimposed on the physical environment (The user of the wearable device may be a healthcare provider, see for instance, paragraphs 130 and 295.The wearable device can present the patient’s physiological data, such as the respiratory rate on the virtual object and the ECG data on the virtual object, as well as present patient’s person information, see for instance, paragraph 316. The surgeon can perceive virtual objects as well as medical instruments in his FOR, see for instance, paragraph 356. The virtual objects may be associated with the patient’s virtual medical record, the patient’s physiological data, information associated with the surgery, and so on, see for instance, paragraph 356 The virtual objects may also include a patient’s data, as well as the environmental data, see for instance, paragraph 43).
Regarding claim 2, Robaina teaches the AR system of claim 1 and further teaches a plurality of patient devices and the AR object processing engine is configured to generate and virtually position a plurality of AR objects into the physical environment, wherein each of the plurality of AR objects is based on a separate type of condition than the other of the plurality of AR objects and each of the plurality of AR objects is configured to display condition data for the separate type of condition to which it relates (see for instance, paragraphs 56, 133, 295, 316, and fig. 12 and 21).
Regarding claim 3, Robaina teaches the AR system of claim 1, and further teaches wherein the patient device is a wearable device positioned on the patient or on an article of clothing of the patient (see for instance, paragraphs 127, 143, 175, 179, 282, and 383).
Regarding claim 4, Robaina teaches the AR system of claim 1 and further teaches wherein at least one of the one or more user devices is further configured to change the AR object to another AR object, wherein the another AR object is configured to display a different condition data from that displayed by the AR object (see for instance, paragraphs 43, 100, 202, 295, 309, 310, 316, and 356).
Regarding claim 5, Robaina teaches the AR system of claim 2 and further teaches wherein either (a) the one or more user devices are, or (b) the AR server is, further configured to combine respective condition data from the plurality of the AR objects in order to create a combined condition data indicative of a medical event (see for instance, paragraphs 43, 108, 302, 316 and 356).
Regarding claim 6, Robaina teaches the AR system of claim 5 and further teaches wherein the AR object processing engine is further configured to generate and place a combined AR object into the immersive environment and the combined AR object is configured to display the combined condition data (see for instance, paragraphs 43, 108,302, 316 and 356).
Regarding claim 7, Robaina teaches the AR system of claim 4, and further teaches further comprising: a plurality of users, wherein each of the plurality of users is associated with a unique one of the one or more user devices, and each of the plurality of users has a permission rating identified by dynamic permission management logic that regulates access to the AR object and regulates an ability to change the AR object (see for instance, paragraphs 208, 211, 212, 262, 268, 281 and 303-308 and figs. 12 and 14).
Regarding claim 8, Robaina teaches the system according to claim 1, further comprising: an AR database in communication with the AR object, wherein the AR database saves contact information associated with one or more users who have (a) interacted with the AR object, or (b) are affiliated with an aspect of the displayed condition data; and a telephony server in communication with the AR database and the one or more user devices; wherein the one or more user devices are configured to access the AR database and using the telephony server initiate a communication with at least one of the one or more users, wherein the communication comprises placing a phone call, initiating a conference call, starting a chat session, or scheduling a future meeting (see for instance, paragraph 162, 164, 190, 193, 206, 208, and 215-221).
Regarding claim 9, Robaina teaches the AR system of claim 1 and further teaches wherein at least one of the one or more user devices is remote to the physical environment (see for instance, paragraph 256).
Regarding claim 10, Robaina teaches the AR system of claim 1 and further teaches a plurality of user devices and each of the plurality of user devices is configured to communicate with each of the other of the plurality of user devices (see for instance, paragraphs 208, 211, 212, 262, 268, 281 and 301-308. The user of the wearable device may be a healthcare provider, see for instance, paragraphs 130 and 295.The wearable device can present the patient’s physiological data, such as the respiratory rate on the virtual object and the ECG data on the virtual object, as well as present patient’s person information, see for instance, paragraph 316. The surgeon can perceive virtual objects as well as medical instruments in his FOR, see for instance, paragraph 356. The virtual objects may be associated with the patient’s virtual medical record, the patient’s physiological data, information associated with the surgery, and so on, see for instance, paragraph 356 The virtual objects may also include a patient’s data, as well as the environmental data, see for instance, paragraph 43. The users of the wearable devices 210a, 210b and the user device 1730 can share information of an environment and interact with virtual and physical objects in the environment via the network, see for instance, paragraph 256).
Regarding claim 17, Robaina teaches an augmented reality (AR) apparatus that comprises (a) an AR server, (b) a patient device configured to monitor a condition data of a patient, (c) an object processing engine in communication with the AR server, and (d) a processor and a tangible, non-transitory memory configured to communicate with the processor, the non-transitory memory having stored thereon instructions which, when executed by the processor (see for instance, paragraphs 54, 255, 378, and fig. 12. The remote computing system may include server computer systems that are clustered and located at different geographic locations, see for instance, paragraphs 174 and 254. The wearable device can present virtual content based on contextual information, see for instance, paragraph 310. Contextual information can include information associated with a user of a wearable device and information associated with the user's environment, see for instance, paragraph 310), are configured to cause the AR apparatus to execute a method including the following steps:
the AR server generating an immersive environment superimposed on a physical environment (The remote computing system may include server computer systems that are clustered and located at different geographic locations, see for instance, paragraphs 174 and 254);
the patient device monitoring and transmitting condition data to one or both of the AR server and the object processing engine (Psychological sensors on the wearable device can determine information about, e.g., the patient’s heart rate, respiration rate, blood pressure, etc, see for instance, paragraph 232, 268, 303, 316, and 356. Fig. 12 illustrates an example computing environment in which multiple wearable devices can interact with each other in a healthcare setting, see for instance, paragraph 133 and fig. 12);
the object processing engine creating and virtually positioning an AR object in the physical environment, wherein creating the AR object is based on a type of the condition data; and displaying the condition data on the AR object (The wearable device can present virtual content based on contextual information, see for instance, paragraph 310. Contextual information can include information associated with a user of a wearable device and information associated with the user's environment, see for instance, paragraph 310. The wearable device can determine contextual information based on data acquired by one or more environmental sensors, data accessed from the remote data repository 280 or the healthcare database system 1220, in combination or the like, see for instance, paragraph 311. The virtual objects may be associated with the patient’s virtual medical record, the patient’s physiological data, information associated with the surgery, and so on, see for instance, paragraph 356. The user of the wearable device may be a healthcare provider, see for instance, paragraphs 130 and 295.The wearable device can present the patient’s physiological data, such as the respiratory rate on the virtual object and the ECG data on the virtual object, as well as present patient’s person information, see for instance, paragraph 316. The surgeon can perceive virtual objects as well as medical instruments in his FOR, see for instance, paragraph 356. The virtual objects may be associated with the patient’s virtual medical record, the patient’s physiological data, information associated with the surgery, and so on, see for instance, paragraph 356 The virtual objects may also include a patient’s data, as well as the environmental data, see for instance, paragraph 43).
Regarding claim 18, Robaina teaches the AR apparatus of claim 17 and further teaches wherein the AR object comprises controls to vary a format or a view of the condition data, or to instruct the AR object to display a different condition data (The FOV can change, see for instance, paragraph 40. The position of the virtual object can change, see for instance, paragraph 202. Different physiological information of the patient can be displayed, see for instance, paragraph 283, 316, and 356).
Regarding claim 19, Robaina teaches the AR apparatus of claim 17 and further teaches wherein the instructions, when executed by the processor, are further configured to permit access by users having a user device to the immersive environment and the AR object, wherein each user device displays, or enables a user to view, the immersive environment and the AR object (see for instance, paragraphs 208, 211, 212, 262, 268, 281 and 301-308. The user of the wearable device may be a healthcare provider, see for instance, paragraphs 130 and 295.The wearable device can present the patient’s physiological data, such as the respiratory rate on the virtual object and the ECG data on the virtual object, as well as present patient’s person information, see for instance, paragraph 316. The surgeon can perceive virtual objects as well as medical instruments in his FOR, see for instance, paragraph 356. The virtual objects may be associated with the patient’s virtual medical record, the patient’s physiological data, information associated with the surgery, and so on, see for instance, paragraph 356 The virtual objects may also include a patient’s data, as well as the environmental data, see for instance, paragraph 43. The users of the wearable devices 210a, 210b and the user device 1730 can share information of an environment and interact with virtual and physical objects in the environment via the network, see for instance, paragraph 256).
Regarding claim 20, Robaina teaches the AR apparatus of claim 17, wherein the instructions, when executed by the processor, are further configured to limit access to the AR object to users using dynamic permission management logic so that that sensitive information related to or from the AR object is accessible only to users with user permissions identified based on user roles and/or attributes of the AR object (see for instance, paragraphs 208, 211, 212, 262, 268, 281 and 303-308).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2018/0096167 to Hammack et al. teaches Personal Health Network.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J COBB whose telephone number is (571)270-3875. The examiner can normally be reached Monday - Friday, 11am - 7pm ET.
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/MICHAEL J COBB/ Primary Examiner, Art Unit 2615
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