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 12/04/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US12191031B2 (“12191031”). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison where claim 1 of the instant application is represented in bold characters and where the reference patent 12191031 claim 1 is represented in underlined characters:
A system comprising: a memory storing instructions; and a processor communicatively coupled to the memory and configured to execute the instructions to: (A system comprising: a memory storing instructions; and a processor communicatively coupled to the memory and configured to execute the instructions to:)
provide, during a medical session and by way of a graphical user interface while a user device detects one or more wireless or ultrasonic signals associated with a medical system, access to a first set of medical session features of an application executed by the user device, and (provide, during a medical session and by way of a graphical user interface while a user device detects one or more wireless or ultrasonic signals associated with a medical system, access to a first set of medical session features of an application executed by the user device, and)
provide, by way of the graphical user interface while the user device does not detect the one or more wireless or ultrasonic signals associated with the medical system, access to a second set of medical session features of the application, (provide, by way of the graphical user interface while the user device does not detect the one or more wireless or ultrasonic signals associated with the medical system, access to a second set of medical session features of the application,)
the second set of medical session features being different from the first set of medical session features, (the second set of medical session features being different from the first set of medical session features,)
wherein: the medical system comprises a computer-assisted surgical system including a manipulating system and a user control system; (wherein: the medical system comprises a computer-assisted surgical system including a manipulating system and a user control system;)
the manipulating system includes a manipulator arm configured to couple with a surgical instrument; (the manipulating system includes a manipulator arm configured to couple with a surgical instrument;)
the user control system remotely controls at least one of the manipulator arm or the surgical instrument based on user input to perform one or more operations with respect to a subject during the medical session; and (the user control system remotely controls at least one of the manipulator arm or the surgical instrument based on user input to perform one or more operations with respect to a subject during the medical session; and)
the first set of medical session features comprises a medical system interaction feature configured to allow interaction, by a user of the user device, with content generated by the computer-assisted surgical system during the medical session. (the first set of medical session features comprises a medical system interaction feature configured to allow interaction, by a user of the user device, with the computer-assisted surgical system during the medical session. where the interaction with the computer assisted surgical system during the medical session by a user of the user device is interpreted as allowing interactions with contented generated by the computer-assisted surgical system during the medical session by a user of the user device)
Claims 2, 3, 4, 5, 6, 7, 8, 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 3, 4, 5, 6, 7, 8, 9 of US12191031B2 (“12191031”) respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because the dependent claims of 12191031 are dependent on claim 1, and where claim 1 is not patentably distinct from claim 1 of the instant application.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of US12191031B2 (“12191031”). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison where claim 13 of the instant application is represented in bold characters and where the reference patent 12191031 claim 10 is represented in underlined characters:
A method comprising: providing, by an application management system during a medical session and by way of a graphical user interface while a user device detects one or more wireless or ultrasonic signals associated with a medical system, access to a first set of medical session features of an application executed by the user device; and (A method comprising: providing, by an application management system during a medical session and by way of a graphical user interface while a user device detects one or more wireless or ultrasonic signals associated with a medical system, access to a first set of medical session features of an application executed by the user device; and)
providing, by the application management system and by way of the graphical user interface while the user device does not detect the one or more wireless or ultrasonic signals associated with the medical system, access to a second set of medical session features of the application, the second set of medical session features being different from the first set of medical session features, (providing, by the application management system and by way of the graphical user interface while the user device does not detect the one or more wireless or ultrasonic signals associated with the medical system, access to a second set of medical session features of the application, the second set of medical session features being different from the first set of medical session features,)
wherein: the medical system comprises a computer-assisted surgical system including a manipulating system and a user control system; (wherein: the medical system comprises a computer-assisted surgical system including a manipulating system and a user control system;)
the manipulating system includes a manipulator arm configured to couple with a surgical instrument; (the manipulating system includes a manipulator arm configured to couple with a surgical instrument;)
the user control system remotely controls at least one of the manipulator arm or the surgical instrument based on user input to perform one or more operations with respect to a subject during the medical session; and (the user control system remotely controls at least one of the manipulator arm or the surgical instrument based on user input to perform one or more operations with respect to a subject during the medical session; and)
the first set of medical session features comprises a medical system interaction feature configured to allow interaction, by a user of the user device, with content generated by the computer-assisted surgical system during the medical session. (the first set of medical session features comprises a medical system interaction feature configured to allow interaction, by a user of the user device, with the computer-assisted surgical system during the medical session., where the interaction with the computer assisted surgical system during the medical session by a user of the user device is interpreted as allowing interactions with contented generated by the computer-assisted surgical system during the medical session by a user of the user device.)
Claims 14, 15, 16, 17, 18, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 12, 13, 14, 15, 16 of US12191031B2 (“12191031”) respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because the dependent claims of 12191031 are dependent on claim 10, and where claim 10 is not patentably distinct from claim 13 of the instant application.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of US12191031B2 (“12191031”). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison where claim 20 of the instant application is represented in bold characters and where the reference patent 12191031 claim 20 is represented in underlined characters:
A non-transitory computer-readable medium storing instructions that, when executed, direct at least one processor of a computing device to: (A non-transitory computer-readable medium storing instructions that, when executed, direct at least one processor of a computing device to:)
provide, during a medical session and while a user device detects one or more wireless or ultrasonic signals associated with a medical system, a user of the user device with access to a first set of medical session features of an application executed by the user device; and (provide, during a medical session and while a user device detects one or more wireless or ultrasonic signals associated with a medical system, a user of the user device with access to a first set of medical session features of an application executed by the user device; and)
provide, while the user device does not detect the one or more wireless or ultrasonic signals associated with the medical system, the user with access to a second set of medical session features of the application, the second set of medical session features being different from the first set of medical session features, (provide, while the user device does not detect the one or more wireless or ultrasonic signals associated with the medical system, the user with access to a second set of medical session features of the application, the second set of medical session features being different from the first set of medical session features,)
wherein: the medical system comprises a computer-assisted surgical system including a manipulating system and a user control system; (wherein: the medical system comprises a computer-assisted surgical system including a manipulating system and a user control system;)
the manipulating system includes a manipulator arm configured to couple with a surgical instrument; (the manipulating system includes a manipulator arm configured to couple with a surgical instrument;)
the user control system remotely controls at least one of the manipulator arm or the surgical instrument based on user input to perform one or more operations with respect to a subject during the medical session; and (the user control system remotely controls at least one of the manipulator arm or the surgical instrument based on user input to perform one or more operations with respect to a subject during the medical session; and)
the first set of medical session features comprises a medical system interaction feature configured to allow interaction, by the user of the user device, with content generated by the computer-assisted surgical system during the medical session. (the first set of medical session features comprises a medical system interaction feature configured to allow interaction, by the user of the user device, with the computer-assisted surgical system during the medical session. where the interaction with the computer assisted surgical system during the medical session by a user of the user device is interpreted as allowing interactions with contented generated by the computer-assisted surgical system during the medical session by a user of the user device.)
Conclusion
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/CONSTANTINE SIOZOPOULOS/
Examiner
Art Unit 3686