SURGICAL VIRTUAL REALITY USER INTERFACE

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 . Application Status This office action is responsive to Application No.:19207145, filed on 05/13/2025. Claim 1 is pending and presented for examination. This action has been made NON-FINAL. Information Disclosure Statement The information disclosure statement (IDS) submitted on 04/23/2026 is being considered by the examiner. A signed IDS is hereby attached. 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. Independent claim 1 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Application No. 17/774,372 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent. INSTANT APPLICATION US Application No. 17/774,372 1. A surgical virtual reality user interface generating system, comprising a sensor and tracking unit for sensing and tracking a position of a portion of a user in space and for generating at least position data based on movement of the user, a computing unit for receiving the position data, the computing unit having a processor for processing the position data, and a control unit for generating control signals in response to the processed position data, a surgical robot system coupled to the computing unit for receiving the control signals and having a camera assembly having a pair of axially spaced apart cameras for generating image data, a virtual reality computing unit for generating a virtual reality world, the virtual reality computing unit including a virtual reality rendering unit for receiving at least the image data from the camera assembly and generating an output rendering signal for rendering the image data for display, and a virtual reality object generating unit for generating one or more virtual reality informational objects and for emplacing the informational objects in the virtual reality world, and a display unit for displaying the virtual reality world and the informational objects to the user. 1. A surgical virtual reality user interface generating system, comprising: a sensor and tracking unit for sensing and tracking a position of a portion of a user in space and for generating at least position data based on movement of the user; a computing unit for receiving the position data, the computing unit having: a processor for processing the position data, and a control unit for generating control signals in response to the processed position data; a surgical robot system coupled to the computing unit for receiving the control signals and having a camera assembly having a pair of axially spaced apart cameras for generating image data; a virtual reality computing unit for generating a virtual reality world, the virtual reality computing unit including: a virtual reality rendering unit for receiving at least the image data from the camera assembly and generating an output rendering signal for rendering the image data for display, and a virtual reality object generating unit for: generating one or more virtual reality informational objects; generating a docking station in the virtual reality world, the docking station configured to include a plurality of slots, each of which is configured to house at least one of the one or more virtual reality informational objects; and emplacing at least one of the one or more virtual reality informational objects in the docking station or removing at least one of the one or more virtual reality informational objects from the docking station; and a display unit for displaying the virtual reality world including the docking station, the one or more virtual reality informational objects, and the image data from the output rendering signal to the user. As shown above, claim 1 of US Application No. 17/774,372 contains every element of claim 1 of the instant application and as such anticipates claim 1 of the instant application. “A later application claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus).” ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001). 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. Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fuerst, US 20200054412. Claim 1: Fuerst discloses a surgical virtual reality user interface generating system (See Abstract1), comprising: a sensor (See Fuerst Figure 2, Item 114; Paragraph 0030) and tracking unit for sensing and tracking a position of a portion of a user in space (See Fuerst Figure 3; Figure 9, Item 310; Paragraphs 0028; 0030-00332; 0035; 00383) and for generating at least position data (See Fuerst Figure 3; Figure 9, Item 310; Paragraphs 0028; 0030-0035; 0038) based on movement of the user (See Fuerst Figure 3; Paragraphs 0030-0033), a computing unit (See Fuerst Figure 2; Paragraphs 0057-0060) for receiving the position data (See Fuerst Figure 3; Figure 9, Item 310; Paragraphs 0028; 0030-0035; 0038), the computing unit (See Fuerst Figure 2; Paragraphs 0057-0060) having a processor (See Fuerst Figure 2, Item 116; Paragraph 0030) for processing the position data (See Fuerst Figure 3; Figure 9, Item 310; Paragraphs 0028; 0030-0035; 0038), and a control unit for generating control signals in response to the processed position data (See Fuerst Figure 9; Paragraphs 0035), a surgical robot system coupled to the computing unit (See Fuerst Figures 1-2; Paragraphs 0043-0047; Paragraphs 0057-0060) for receiving the control signals (See Fuerst Figure 2; Paragraph 0055) and having a camera assembly having a pair of axially spaced apart cameras for generating image data (See Fuerst Paragraphs 0043-0047), a virtual reality computing unit for generating a virtual reality world, the virtual reality computing unit including (See Fuerst Figure 2; Paragraphs 0057-0060) a virtual reality rendering unit for receiving at least the image data from the camera assembly (See Fuerst Paragraphs 0043-0047) and generating an output rendering signal for rendering the image data for display, (See Fuerst Figure 1, Item 104; Paragraph 0027) and a virtual reality object generating unit for generating one or more virtual reality informational objects and for emplacing the informational objects in the virtual reality world, (See Fuerst Figure 6; Paragraphs 00314; 0052) and a display unit for displaying the virtual reality world and the informational objects to the user (See Fuerst Figure 1, Item 104; Paragraph 0027). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEREE N BROWN whose telephone number is (571)272-4229. The examiner can normally be reached M-F 5:30-2:00 PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAID BROOME can be reached at (571) 272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SHEREE N BROWN/Primary Examiner, Art Unit 2612 September 30, 2026 1 Fuerst Abstract recites “Assisting robotic arm setup in a surgical robotic system using augmented reality can include capturing a live video of a user setting up a robotic arm in a surgical robotic system. A visual guide representing a target pose of the robotic arm can be rendered onto the live video, resulting in an augmented live video for guiding the arm setup. The augmented live video can be displayed to the user while the user is following the visual guide to set up the robotic arm. The captured live video can be continuously processed to determine whether the robotic arm has reached the target pose.” 2 Fuerst Paragraph 0033 recites “The AR processor can also include a computer vision module 152, configured to perform scene reconstruction, event detection, video tracking, object recognition, 3D pose estimation, learning, indexing, motion estimation, image restoration, and other known computer vision techniques based on the captured video. It can apply the 3D vision techniques described above to analyze the captured video and identify the surgical robot arms, the surgical table, the patient or dummy, the medical personnel, other objects, and orientations and positions of such, in the surgical environment. Alternatively, or additionally, the processor can identify and/or track objects (for example, the robotic arms and the surgical table) with 2D markers (for example, labels or stickers placed on the objects).” 3 Fuerst Paragraph 0038 recites “FIG. 3 shows the user 306 manipulating the robotic arm 310 to match the target post of the virtual robot 311. Once the AR processor determines that the real robotic arm is at or within a tolerance of the target pose, the processor can respond with an indication/notification to the user.” 4 Fuerst Paragraph 0031 recites “comparing and matching objects in the surgical environment with 3D models of tables .”