DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
1. 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 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
1. A non-transitory computer-readable storage medium storing instructions that, when executed by a processor, are configured to cause the processor to perform operations comprising: communicatively connecting an electronic device to a remote presence device; selectively displaying a live video feed from a camera of the remote presence device in a video panel on an electronic display of the electronic device; receiving a navigation input that forms at least part of an intended navigation path of the remote presence device, wherein receiving a navigation input comprises: overlaying a vector graphically represented as a line or arrow on the live video feed, wherein the vector has beginning point and an end point, the beginning point representing a current location of the remote telepresence device within the live video feed; allowing an operator to move the end point of the vector with respect to the live video feed while the remote telepresence device is in motion, wherein a horizontal component of the vector is used to determine a magnitude and direction of a rotational velocity and/or an angular displacement of the remote telepresence device, and wherein a vertical component of the vector is used to determine a magnitude of a forward velocity and/or a forward displacement of the remote telepresence device; displaying at least a portion of the intended navigation path of the remote presence device overlaid on the live video feed, wherein the displayed intended navigation path includes the vector; transforming the navigation input into navigation instructions that are interpretable by the remote presence device; transmitting the navigation instructions associated with the navigation input to the remote presence device; updating the live video feed as the remote presence device moves in accordance with the navigation instructions.
2. A non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors, are configured to cause the one or more processors to perform operations comprising: communicatively connecting an electronic device to a telepresence robot; selectively displaying a live video feed from a camera of the telepresence robot in a video panel on an electronic display of the electronic device; receiving a navigation input that forms at least part of an intended navigation path of the telepresence robot, wherein receiving the navigation input includes: overlaying a vector graphically represented as a line or arrow on the live video feed, wherein the vector has beginning point and an end point; and allowing an operator to move the end point of the vector with respect to the live video feed while the telepresence robot is in motion; displaying at least a portion of the intended navigation path of the telepresence robot overlaid on the live video feed, wherein the displayed intended navigation path includes the vector; transforming the navigation input into navigation instructions that are interpretable by the telepresence robot; adjusting the navigation instructions according to a video latency associated with the live video feed and at least one of a current or past velocity or direction of the telepresence robot; transmitting the adjusted navigation instructions to the telepresence robot; and updating the live video feed as the telepresence robot moves in accordance with the navigation instructions.
Claim 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
3. The non-transitory computer-readable storage medium of claim 1, wherein the operations further comprise: selectively displaying a plurality of destination locations within a healthcare facility; receiving a selection of one of the plurality of destination locations within the healthcare facility as the navigation input; and transmitting the navigation instructions associated with the selected destination location to the remote presence device.
5. The non-transitory computer-readable storage medium of claim 2, wherein the operations further comprise: selectively displaying a plurality of destination locations within a healthcare facility; receiving a selection of one of the plurality of destination locations within the healthcare facility as the navigation input; and transmitting the navigation instructions associated with the selected destination location to the telepresence robot.
Claim 6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
4. The non-transitory computer-readable storage medium of claim 1, wherein the operations further comprise: selectively displaying a map of a healthcare facility associated with the remote presence device, and wherein the navigation input is provided with respect to the map.
6. The non-transitory computer-readable storage medium of claim 2, wherein the operations further comprise: selectively displaying a map of a healthcare facility associated with the telepresence robot, wherein the navigation input is provided with respect to the map.
Claim 7 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
6. The non-transitory computer-readable storage medium of claim 1, wherein the operations further comprise: selectively overlaying a plurality of directional icons on the live video feed within the video panel, and wherein receiving a navigation input comprises at least one of: receiving a selection of a left directional icon to move the remote presence device to the left relative to the live video feed; and receiving a selection of a right directional icon to move the remote presence device to the right relative to the live video feed; receiving a selection of a reverse directional icon to move the remote presence device in reverse relative to the live video feed; and receiving a selection of a forward directional icon to move the remote presence device forward relative to the live video feed.
7. The non-transitory computer-readable storage medium of claim 2, wherein the operations further comprise: selectively overlaying a plurality of directional icons on the live video feed within the video panel, wherein receiving the navigation input includes at least one of: receiving a selection of a left directional icon to move the telepresence robot to the left relative to the live video feed; receiving a selection of a right directional icon to move the telepresence robot to the right relative to the live video feed; receiving a selection of a reverse directional icon to move the telepresence robot in reverse relative to the live video feed; and receiving a selection of a forward directional icon to move the telepresence robot forward relative to the live video feed.
Claim 7 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
7. The non-transitory computer-readable storage medium of claim 6, wherein the navigation instructions associated with a selection of the reverse directional icon are configured to orient the live video feed from the remote presence device in the direction of movement, independent of a direction the remote presence device is facing.
8. The non-transitory computer-readable storage medium of claim 7, wherein the navigation instructions associated with a selection of the reverse directional icon are configured to orient the live video feed from the telepresence robot in the direction of movement, independent of a direction the telepresence robot is facing.
Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
8. The non-transitory computer-readable storage medium of claim 1, wherein the operations further comprise: selectively displaying a selection of navigational modes, including at least one of: a cursor pointer mode configured to allow an operator to provide a navigation input relative to the live video feed via an on-screen cursor; a head mode configured to allow an operator to provide a navigation input for controlling only the movement of a head portion of the remote presence device; a laser pointer mode configured to allow an operator to provide a navigation input relative to the live video feed by controlling the location of a simulated on-screen illumination point; a map drive mode configured to allow an operator to provide a navigation input relative to a displayed map; a click drive mode configured to allow an operator to provide a navigation input relative to the live video feed by selecting a location within the live video feed; and a drag-drive mode configured to allow an operator to provide a navigation input relative to the live video feed by defining a navigational path within the live video feed; and receiving a selection of a navigational mode.
9. The non-transitory computer-readable storage medium of claim 2, wherein the operations further comprise: selectively displaying a selection of navigational modes, including at least one of: a cursor pointer mode configured to allow the operator to provide the navigation input relative to the live video feed via an on-screen cursor; a head mode configured to allow the operator to provide the navigation input for controlling only movement of a head portion of the telepresence robot; a laser pointer mode configured to allow the operator to provide the navigation input relative to the live video feed by controlling a location of a simulated on-screen illumination point; a map drive mode configured to allow the operator to provide the navigation input relative to a displayed map; a click drive mode configured to allow the operator to provide the navigation input relative to the live video feed by selecting a location within the live video feed ;and a drag-drive mode configured to allow the operator to provide the navigation input relative to the live video feed by defining a navigational path within the live video feed; and receiving a selection of a navigational mode.
Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
8. The non-transitory computer-readable storage medium of claim 1, wherein the operations further comprise: selectively displaying a selection of navigational modes, including at least one of: a cursor pointer mode configured to allow an operator to provide a navigation input relative to the live video feed via an on-screen cursor; a head mode configured to allow an operator to provide a navigation input for controlling only the movement of a head portion of the remote presence device; a laser pointer mode configured to allow an operator to provide a navigation input relative to the live video feed by controlling the location of a simulated on-screen illumination point; a map drive mode configured to allow an operator to provide a navigation input relative to a displayed map; a click drive mode configured to allow an operator to provide a navigation input relative to the live video feed by selecting a location within the live video feed; and a drag-drive mode configured to allow an operator to provide a navigation input relative to the live video feed by defining a navigational path within the live video feed; and receiving a selection of a navigational mode.
9. The non-transitory computer-readable storage medium of claim 2, wherein the operations further comprise: selectively displaying a selection of navigational modes, including at least one of: a cursor pointer mode configured to allow the operator to provide the navigation input relative to the live video feed via an on-screen cursor; a head mode configured to allow the operator to provide the navigation input for controlling only movement of a head portion of the telepresence robot; a laser pointer mode configured to allow the operator to provide the navigation input relative to the live video feed by controlling a location of a simulated on-screen illumination point; a map drive mode configured to allow the operator to provide the navigation input relative to a displayed map; a click drive mode configured to allow the operator to provide the navigation input relative to the live video feed by selecting a location within the live video feed ;and a drag-drive mode configured to allow the operator to provide the navigation input relative to the live video feed by defining a navigational path within the live video feed; and receiving a selection of a navigational mode.
Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
9. The non-transitory computer-readable storage medium of claim 1, wherein the operations further comprise: selectively displaying a plurality of patient identifiers, wherein each patient identifier is associated with a location within a healthcare facility; receiving a selection of one of the plurality of patient identifiers; and transmitting navigation instructions based on the location within the healthcare facility associated with the selected patient identifier.
10. The non-transitory computer-readable storage medium of claim 2, wherein the operations further comprise: selectively displaying a plurality of patient identifiers, wherein each patient identifier is associated with a location within a healthcare facility; receiving a selection of one of the plurality of patient identifiers; and transmitting the navigation instructions based on the location within the healthcare facility associated with the selected patient identifier.
Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
9. The non-transitory computer-readable storage medium of claim 1, wherein the operations further comprise: selectively displaying a plurality of patient identifiers, wherein each patient identifier is associated with a location within a healthcare facility; receiving a selection of one of the plurality of patient identifiers; and transmitting navigation instructions based on the location within the healthcare facility associated with the selected patient identifier.
10. The non-transitory computer-readable storage medium of claim 2, wherein the operations further comprise: selectively displaying a plurality of patient identifiers, wherein each patient identifier is associated with a location within a healthcare facility; receiving a selection of one of the plurality of patient identifiers; and transmitting the navigation instructions based on the location within the healthcare facility associated with the selected patient identifier.
Claim 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
10. The non-transitory computer-readable storage medium of claim 1, wherein the operations further comprise: displaying a request for a selection of at least one of a plurality of remote presence devices; receiving a selection of one of the plurality of remote presence devices; displaying a request for a selection of at least one of plurality of patients, each of the plurality of patients associated with a location within a healthcare facility; receiving a selection of one of the plurality of patients; and communicatively connecting the electronic device to the selected remote presence device, and wherein receiving the navigation input comprises receiving the location within the healthcare facility associated with the selected patient.
11. The non-transitory computer-readable storage medium of claim 2, wherein the operations further comprise: displaying a request for a selection of at least one of a plurality of telepresence robots; receiving the selection of one of the plurality of telepresence robots; displaying a request for a selection of at least one of plurality of patients, each of the plurality of patients associated with a location within a healthcare facility; receiving the selection of one of the plurality of patients; and communicatively connecting the electronic device to the selected telepresence robot, wherein receiving the navigation input includes receiving the location within the healthcare facility associated with the selected patient.
Claim 14 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of Application 15/154,518 now U.S. Patent 10,061,896. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are broader than those in U.S. Patent 10,061,896.
SN 15/154,518 (10,061,896)
SN 18/910,326
13. A non-transitory computer-readable storage medium storing instructions that, when executed by a processor, are configured to cause the processor to perform operations comprising: communicatively connecting an electronic device to a remote presence device; selectively displaying a live video feed from a camera of the remote presence device in a video panel on an electronic display of the electronic device; selectively displaying a list of destinations within a healthcare facility; receiving a navigation input with respect to the displayed list of destinations; displaying at least a portion of an intended navigation path of the remote presence device overlaid on the live video feed, wherein the displayed intended navigation path includes a vector graphically represented as a line or arrow indicating a direction and a velocity of the navigation input, wherein the vector has beginning point and an end point, the beginning point representing a current location of the remote telepresence device within the live video feed, wherein the direction and length of the vector is changeable by the operator while the remote telepresence device is in motion, wherein a horizontal component of the vector is used to determine a magnitude and direction of a rotational velocity and/or an angular displacement of the remote telepresence device, and wherein a vertical component of the vector is used to determine a magnitude of a forward velocity and/or a forward displacement of the remote telepresence device; transforming the navigation input into navigation instructions that are interpretable by the remote presence device; transmitting the navigation instructions associated with the navigation input to the remote presence device; and updating the live video feed as the remote presence device moves in accordance with the navigation instructions.
14. A system comprising: a telepresence robot including a camera; and an electronic device including an electronic display, the electronic device communicatively coupled to the telepresence robot, wherein the electronic device is configured for: selectively displaying a live video feed from the camera of the telepresence robot in a video panel on the electronic display of the electronic device; receiving a navigation input that forms at least part of an intended navigation path of the telepresence robot, wherein receiving the navigation input includes: overlaying a vector graphically represented as a line or arrow on the live video feed, wherein the vector has beginning point and an end point; and allowing an operator to move the end point of the vector with respect to the live video feed while the telepresence robot is in motion; displaying at least a portion of the intended navigation path of the telepresence robot overlaid on the live video feed, wherein the displayed intended navigation path includes the vector; transforming the navigation input into navigation instructions that are interpretable by the telepresence robot; adjusting the navigation instructions according to a video latency associated with the live video feed and at least one of a current or past velocity or direction of the telepresence robot; transmitting the adjusted navigation instructions to the telepresence robot; and updating the live video feed as the telepresence robot moves in accordance with the navigation instructions.
Allowable Subject Matter
2. Claims 2-25 would be allowable if applicant is able to overcome statutory double patenting rejection set forth in this office action.
3. Claims 2-25 would be allowable upon a Terminal Disclaimer being filed to overcome the double patenting rejection(s) set forth in this office action.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAD MOHAMMED whose telephone number is (571)270-7253. The examiner can normally be reached 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASSAD MOHAMMED/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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