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 .
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).
Claim(s) 1-11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-11 of U.S. Patent No. 11,481,987
Claim(s) 1-11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-11 of U.S. Patent No. 9,892,564.
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘291 is broader in scope and all limitations are present in corresponding claims.
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 11,481,987
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 11,481,987
Table 1. Example Claim Mapping
19/031,291
11,481,987
1. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
determining virtual morphometric measurements of the outer layer of the patient from the 3D data;
registering a real-time position of the outer layer of the patient in a 3D space; determining real-time morphometric measurements of the outer layer of the patient; automatically registering a virtual position of the outer layer of the patient from the 3D data to align with the registered real-time position of the outer layer of the patient in the 3D space using the virtual morphometric measurements and using the real-time morphometric measurements; and
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient.
1. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
determining virtual morphometric measurements, including size and shape, of the outer layer of the patient from the 3D data;
mapping a 3D space;
registering a real-time position of the outer layer of the patient in the 3D space by mapping the position of the outer layer of the patient within the 3D space; determining real-time morphometric measurements, including size and shape, of the outer layer of the patient; automatically registering a virtual position of the outer layer of the patient from the 3D data to align with the registered real-time position of the outer layer of the patient in the 3D space using the virtual morphometric measurements and using the real-time morphometric measurements; and
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient, the real-time views being non-image actual views.
Claim(s) 12-13 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 12-13 of U.S. Patent No. 11,481,987
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘291 is broader in scope and all limitations are present in corresponding claims.
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 11,481,987
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 11,481,987
Table 1. Example Claim Mapping
19/031,291
11,481,987
12. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
registering a virtual position of the outer layer of the patient from the 3D data to align with a real-time position of the outer layer of the patient in a 3D space;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient;
determining real-time morphometric measurements of an object prior to insertion of the object into the patient through the outer layer of the patient;
automatically tracking a real-time position of the object in the 3D space with respect to the registered real-time position of the outer layer of the patient in the 3D space and with respect to the registered virtual position of the outer layer of the patient from the 3D data; and
while a portion of the object is inserted into the patient through the outer layer of the patient, displaying, in the AR headset, a virtual portion of the object projected into the projected inner layer of the patient from the 3D data.
12. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
mapping a 3D space;
registering a real-time position of the outer layer of the patient in the 3D space by mapping the position of the outer layer of the patient within the 3D space;
registering a virtual position of the outer layer of the patient from the 3D data to align with a real-time position of the outer layer of the patient in a 3D space;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient, the real-time views being non-image actual views;
determining real-time morphometric measurements, including size and shape, of an object prior to insertion of the object into the patient through the outer layer of the patient;
automatically tracking a real-time position of the object in the 3D space with respect to the registered real-time position of the outer layer of the patient in the 3D space and with respect to the registered virtual position of the outer layer of the patient from the 3D data; and
while a portion of the object is inserted into the patient through the outer layer of the patient, displaying, in the AR headset, a virtual portion of the object projected into the projected inner layer of the patient from the 3D data.
Table 2. Corresponding Claims
19/031,291
11,481,987
12
12
13
13
Claim(s) 12-13 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 15-16 of U.S. Patent No. 9,892,564
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘291 is broader in scope and all limitations are present in a corresponding claim.
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 9,892,564
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 9,892,564
Table 1. Example Claim Mapping
19/031,291
9,892,564
12. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
registering a virtual position of the outer layer of the patient from the 3D data to align with a real-time position of the outer layer of the patient in a 3D space;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient;
determining real-time morphometric measurements of an object prior to insertion of the object into the patient through the outer layer of the patient;
automatically tracking a real-time position of the object in the 3D space with respect to the registered real-time position of the outer layer of the patient in the 3D space and with respect to the registered virtual position of the outer layer of the patient from the 3D data; and
while a portion of the object is inserted into the patient through the outer layer of the patient, displaying, in the AR headset, a virtual portion of the object projected into the projected inner layer of the patient from the 3D data.
15. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
mapping a 3D space; registering a real-time position of the outer layer of the patient in the 3D space by mapping the position of the outer layer of the patient within the 3D space;
registering a virtual position of the outer layer of the patient from the 3D data to align with a real-time position of the outer layer of the patient in a 3D space;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient, the projected inner layer of the patient from the 3D data being confined within a volume of a virtual spatial difference box, the real-time views being non-image actual views;
determining real-time morphometric measurements, including size and shape, of an object prior to insertion of the object into the patient through the outer layer of the patient;
automatically tracking a real-time position of the object in the 3D space with respect to the registered real-time position of the outer layer of the patient in the 3D space and with respect to the registered virtual position of the outer layer of the patient from the 3D data; and
while a portion of the object is inserted into the patient through the outer layer of the patient, displaying, in the AR headset, a virtual portion of the object projected into the projected inner layer of the patient from the 3D data.
Table 2. Corresponding Claims
19/031,291
9,892,564
12
15
13
16
Claim(s) 14-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 14-20 of U.S. Patent No. 11,481,987
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘291 is broader in scope and all limitations are present in corresponding claims.
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 11,481,987
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 11,481,987
Table 1. Example Claim Mapping
19/031,291
11,481,987
14. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient;
generating, in the AR headset, a virtual user interface that includes options for altering the display of the projected inner layer of the patient from the 3D data;
displaying, in the AR headset, the virtual user interface projected onto real-time views while a focal orientation of the AR headset is not focused on the patient; and
hiding, in the AR headset, the virtual user interface while the focal orientation of the AR headset is focused on the patient.
14. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient, the real-time views being non-image actual views;
generating, in the AR headset, a virtual user interface that includes options for altering the display of the projected inner layer of the patient from the 3D data;
displaying, in the AR headset, the virtual user interface projected onto real-time views due to a focal orientation of the AR headset not being focused on the patient; and
hiding, in the AR headset, the virtual user interface due to the focal orientation of the AR headset being focused on the patient.
Table 2. Corresponding Claims
19/031,291
11,481,987
14
14
15
15
16
16
17
17
18
18
19
19
20
20
Claim(s) 14, 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 21, 23 of U.S. Patent No. 10,475,244
Although the claims at issue are not identical, they are not patentably distinct from each other because 14
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 10,475,244
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 10,475,244
Table 1. Example Claim Mapping
19/031,291
10,475,244
14. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient;
generating, in the AR headset, a virtual user interface that includes options for altering the display of the projected inner layer of the patient from the 3D data;
displaying, in the AR headset, the virtual user interface projected onto real-time views while a focal orientation of the AR headset is not focused on the patient; and
hiding, in the AR headset, the virtual user interface while the focal orientation of the AR headset is focused on the patient.
21. A method for augmenting real-time, non-image actual views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time, non-image actual views of the outer layer of the patient;
generating, in the AR headset, a virtual cursor and/or a virtual user interface that includes options for altering the display of the projected inner layer of the patient from the 3D data;
displaying, in the AR headset, the virtual cursor and/or the virtual user interface projected onto real-time, non-image actual views when it is determined that a focal orientation of the AR headset is focused elsewhere than on the patient; and
hiding, in the AR headset, the virtual cursor and/or the virtual user interface when it is determined that the focal orientation of the AR headset is focused on the patient.
Table 2. Corresponding Claims
19/031,291
10,475,244
14
21
15
16
17
18
19
20
23
Claim(s) 14-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 17-22 of U.S. Patent No. 9,892,564
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘291 is broader in scope and all limitations are present in a corresponding claim.
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 9,892,564
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 9,892,564
Table 1. Example Claim Mapping
19/031,291
9,892,564
14. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient;
generating, in the AR headset, a virtual user interface that includes options for altering the display of the projected inner layer of the patient from the 3D data;
displaying, in the AR headset, the virtual user interface projected onto real-time views while a focal orientation of the AR headset is not focused on the patient; and
hiding, in the AR headset, the virtual user interface while the focal orientation of the AR headset is focused on the patient.
17. A method for augmenting real-time views of a patient with three-dimensional (3D) data, the method comprising:
identifying 3D data for a patient, the 3D data including an outer layer of the patient and multiple inner layers of the patient;
displaying, in an augmented reality (AR) headset, one of the inner layers of the patient from the 3D data projected onto real-time views of the outer layer of the patient, the projected inner layer of the patient from the 3D data being confined within a volume of a virtual spatial difference box, the real-time views being non-image actual views;
generating, in the AR headset, a virtual user interface that includes options for altering the display of the projected inner layer of the patient from the 3D data;
displaying, in the AR headset, the virtual user interface projected onto real-time views due to a focal orientation of the AR headset not being focused on the patient; and
hiding, in the AR headset, the virtual user interface due to the focal orientation of the AR headset being focused on the patient.
Table 2. Corresponding Claims
19/031,291
9,892,564
14
17
15
18
16
19
17
20
18
21
19
21
20
22
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Additional Prior Art
Additional prior art relevant to Applicant’s disclosure but not relied upon:
Maier discloses registration as claimed:
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN M GRAY whose telephone number is (571)272-4582. The examiner can normally be reached on Monday through Friday, 9:00am-5:30pm (EST).
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/RYAN M GRAY/Primary Examiner, Art Unit 2611
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