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).
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12362055 Although the claims at issue are not identical, they are not patentably distinct from each other because the species contains the genus
12362055
19234909
1. A system comprising: one or more processors; and one or more processor-readable media storing instructions which, when executed by the one or more processors, cause performance of: obtaining sensor data indicative of one or more gestures of a user of a medical device; detecting, based on the sensor data, a configuration procedure being performed on the medical device by the user, the configuration procedure comprising a pre-defined sequence of tasks to be performed by the user to configure the medical device; determining, based on the sensor data, one or more tasks of the configuration procedure that have been performed by the user; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks of the configuration procedure, a subsequent task of the pre-defined sequence of tasks for the configuration procedure to be performed by the user; and generating guidance information for performing the subsequent task of the configuration procedure.
1. A system comprising: one or more processors; and one or more processor-readable media storing instructions which, when executed by the one or more processors, cause performance of: determining, from a pre-defined sequence of tasks for operating a medical device, one or more tasks that have been performed by a user of the medical device; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for operating the medical device; and generating guidance information for performing the subsequent task of the pre-defined sequence of tasks.
9. A processor-implemented method comprising: obtaining sensor data indicative of one or more gestures of a user of a medical device; detecting, based on the sensor data, a configuration procedure being performed on the medical device by the user, the configuration procedure comprising a pre-defined sequence of tasks to be performed by the user to configure the medical device; determining, based on the sensor data, one or more tasks of the configuration procedure that have been performed by the user; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks of the configuration procedure, a subsequent task of the pre-defined sequence of tasks for the configuration procedure to be performed by the user; and generating guidance information for performing the subsequent task of the configuration procedure.
9. A processor-implemented method comprising: determining, from a pre-defined sequence of tasks for operating a medical device, one or more tasks that have been performed by a user of the medical device; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for operating the medical device; and generating guidance information for performing the subsequent task of the pre-defined sequence of tasks.
16. One or more non-transitory processor-readable media storing instructions which, when executed by one or more processors, cause performance of: obtaining sensor data indicative of one or more gestures of a user of a medical device; detecting, based on the sensor data, a configuration procedure being performed on the medical device by the user, the configuration procedure comprising a pre-defined sequence of tasks to be performed by the user to configure the medical device; determining, based on the sensor data, one or more tasks of the configuration procedure that have been performed by the user; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks of the configuration procedure, a subsequent task of the pre-defined sequence of tasks for the configuration procedure to be performed by the user; and generating guidance information for performing the subsequent task of the configuration procedure.
17. A processor-implemented method comprising: determining, based on one or more activities of a user of a medical device, one or more tasks of a pre-defined sequence of tasks for configuring the medical device that have been performed by the user through the one or more activities; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for configuring the medical device; and generating guidance information for performing the subsequent task of the pre-defined sequence of tasks.
2. The system of claim 1, wherein generating the guidance information for performing the subsequent task of the configuration procedure comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
3. The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of: detecting performance of the subsequent task by the user based on subsequent sensor data; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task.
4. The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of determining a personalized score of the user for performing the configuration procedure based on historical procedural gesture data associated with the user, the personalized score of the user indicating a skill or experience level of the user for performing the configuration procedure.
5. The system of claim 4, wherein the instructions, when executed by the one or more processors, further cause performance of generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance content for an advanced feature associated with the configuration procedure.
6. The system of claim 4, wherein generating the guidance information for performing the subsequent task of the configuration procedure comprises generating, in response to the personalized score of the user indicating an inexperienced user, detailed guidance content for performing the subsequent task.
7. The system of claim 4, wherein generating the guidance information for performing the subsequent task of the configuration procedure comprises determining guidance content based on both a difficulty metric associated with the subsequent task and the personalized score of the user for performing the configuration procedure.
8. The system of claim 1, wherein detecting the configuration procedure comprises mapping the sensor data indicative of the one or more gestures of the user to the configuration procedure, based on: gestures corresponding to the pre-defined sequence of tasks of the configuration procedure; and a type of the one or more gestures, a sequence of the one or more gestures, a temporal relationship between the one or more gestures, a confidence metric of the one or more gestures, or a combination thereof.
2. The system of claim 1, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
3. The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of: detecting performance of the subsequent task by the user; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task.
4. The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of determining a personalized score of the user for operating the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for operating the medical device.
5. The system of claim 4, wherein the instructions, when executed by the one or more processors, further cause performance of generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance content for an advanced feature associated with operating the medical device.
6. The system of claim 4, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises generating, in response to the personalized score of the user indicating an inexperienced user, detailed guidance content for operating the medical device.
7. The system of claim 4, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based on both a difficulty metric associated with the subsequent task and the personalized score of the user for operating the medical device.
8. The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of: obtaining sensor data indicative of one or more activities of the user; and determining, based on the sensor data, that the pre-defined sequence of tasks for operating the medical device is being performed on the medical device by the user.
10. The processor-implemented method of claim 9, wherein generating the guidance information for performing the subsequent task of the configuration procedure comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
11. The processor-implemented method of claim 10, further comprising: detecting performance of the subsequent task based on subsequent sensor data; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task.
12. The processor-implemented method of claim 10, further comprising determining a personalized score of the user for performing the configuration procedure based on historical procedural gesture data associated with the user, the personalized score of the user indicating a skill or experience level of the user for performing the configuration procedure.
13. The processor-implemented method of claim 12, further comprising generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance content for an advanced feature associated with the configuration procedure.
14. The processor-implemented method of claim 12, wherein generating the guidance information for performing the subsequent task of the configuration procedure comprises selectively performing, based on the personalized score of the user: generating detailed guidance content for performing the subsequent task, in response to the personalized score of the user indicating an inexperienced user; or generating a lesser amount of guidance content for performing the subsequent task, in response to the personalized score of the user indicating an experienced or skilled user.
15. The processor-implemented method of claim 9, wherein detecting the configuration procedure comprises mapping the one or more gestures of the user to the configuration procedure, based on: gestures corresponding to the pre-defined sequence of tasks of the configuration procedure; and a type of the one or more gestures, a sequence of the one or more gestures, a temporal relationship between the one or more gestures, a confidence metric of the one or more gestures, or a combination thereof.
10. The processor-implemented method of claim 9, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
11. The processor-implemented method of claim 9, further comprising: detecting performance of the subsequent task; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task.
12. The processor-implemented method of claim 10, further comprising determining a personalized score of the user for operating the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for operating the medical device.
13. The processor-implemented method of claim 12, further comprising generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance content for an advanced feature associated with operating the medical device.
14. The processor-implemented method of claim 12, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises selectively performing, based on the personalized score of the user: generating detailed guidance content for performing the subsequent task, in response to the personalized score of the user indicating an inexperienced user; or generating a lesser amount of guidance content for performing the subsequent task, in response to the personalized score of the user indicating an experienced or skilled user.
15. The processor-implemented method of claim 12, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based on both a difficulty or complexity metric associated with the subsequent task and the personalized score of the user for operating the medical device.
16. The processor-implemented method of claim 9, further comprising: obtaining sensor data indicative of one or more activities of the user; and detecting, based on the sensor data, that the pre-defined sequence of tasks for operating the medical device is being performed on the medical device by the user.
17. The one or more non-transitory processor-readable media of claim 16, wherein generating the guidance information for performing the subsequent task of the configuration procedure comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
18. The one or more non-transitory processor-readable media of claim 17, wherein the instructions, when executed by the one or more processors, further cause performance of: detecting performance of the subsequent task based on subsequent sensor data; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task.
19. The one or more non-transitory processor-readable media of claim 16, wherein the instructions, when executed by the one or more processors, further cause performance of: determining a personalized score of the user for performing the configuration procedure based on historical procedural gesture data associated with the user, the personalized score of the user indicating a skill or experience level of the user for performing the configuration procedure; and generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance information for an advanced feature associated with the configuration procedure.
20. The one or more non-transitory processor-readable media of claim 16, wherein: the instructions, when executed by the one or more processors, further cause performance of determining a personalized score of the user for performing the configuration procedure based on historical procedural gesture data associated with the user, the personalized score of the user indicating a skill or experience level of the user for performing the configuration procedure; and generating the guidance information for performing the subsequent task of the configuration procedure comprises, in response to the personalized score of the user indicating an inexperienced user, generating detailed guidance content for performing the subsequent task.
18. The processor-implemented method of claim 17, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
19. The processor-implemented method of claim 17, further comprising: determining a personalized score of the user for configuring the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for configuring the medical device; and generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance information for an advanced feature associated with configuring the medical device.
20. The processor-implemented method of claim 17, further comprising: determining a personalized score of the user for configuring the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for configuring the medical device; and generating, in response to the personalized score of the user indicating an inexperienced user, detailed guidance content for performing the subsequent task.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11488700 Although the claims at issue are not identical, they are not patentably distinct from each other because the species contains the genus.
11488700
19234909
1. A method of assisting operation of a personal medical device configured to be carried by or secured to a user and that regulates delivery of fluid to the user, using a sensing arrangement capable of detecting physical movement by the user, the method comprising: detecting, by a control system associated with the personal medical device, a configuration procedure being performed by the user on the personal medical device to configure the personal medical device, the detecting in response to output of the sensing arrangement indicative of one or more gestures with respect to the personal medical device by the user; accessing, by the control system, a pre-defined sequence of user tasks forming the configuration procedure to configure the personal medical device; determining, by the control system, a current task awaiting performance by the user in the pre-defined sequence of user tasks, the determining based at least in part on the one or more gestures by the user with respect to the personal medical device relative to a sequence of gestures corresponding to the pre-defined sequence of user tasks for the configuration procedure; and providing, by the control system, a graphical user interface on a display comprising guidance information for the current task to be performed by the user within the pre-defined sequence of user tasks forming the configuration procedure.
1. A system comprising: one or more processors; and one or more processor-readable media storing instructions which, when executed by the one or more processors, cause performance of: determining, from a pre-defined sequence of tasks for operating a medical device, one or more tasks that have been performed by a user of the medical device; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for operating the medical device; and generating guidance information for performing the subsequent task of the pre-defined sequence of tasks.
8. At least one non-transitory computer readable medium having stored thereon program code instructions that are configurable to cause at least one processor to perform a method comprising: detecting a configuration procedure being performed by a user with respect to a personal medical device configured to be carried by or secured to the user and that regulates delivery of fluid to the user, the detecting in response to output of a sensing arrangement indicative of one or more gestures with respect to the personal medical device by the user, wherein the sensing arrangement is capable of detecting physical movement by the user; accessing a pre-defined sequence of user tasks forming the configuration procedure to configure the personal medical device; determining a current task awaiting performance by the user in the pre-defined sequence of user tasks, the determining based at least in part on the one or more gestures by the user with respect to the personal medical device relative to a sequence of gestures corresponding to the pre-defined sequence of user tasks for the configuration procedure; and providing a graphical user interface on a display comprising guidance information for the current task to be performed by the user within the pre-defined sequence of user tasks forming the configuration procedure.
9. A processor-implemented method comprising: determining, from a pre-defined sequence of tasks for operating a medical device, one or more tasks that have been performed by a user of the medical device; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for operating the medical device; and generating guidance information for performing the subsequent task of the pre-defined sequence of tasks.
15. A system comprising: a personal medical device configured to be carried by or secured to a patient and that regulates delivery of fluid to the patient; a gesture detection system configured to generate gesture data for the patient, and configured to communicate the gesture data; and at least one controller that controls operation of the personal medical device, the at least one controller configured to: detect a configuration procedure being performed by the patient on the personal medical device to configure the personal medical device, the detecting in response to the gesture data indicative of one or more procedural gestures with respect to the personal medical device by the patient; accessing a pre-defined sequence of user tasks forming the configuration procedure to configure the personal medical device; determine a current task awaiting performance by the patient in the pre-defined sequence of user tasks, the determining based at least in part on the one or more procedural gestures by the patient with respect to the personal medical device relative to a sequence of gestures corresponding to the pre-defined sequence of user tasks for the configuration procedure; and provide a graphical user interface on a display comprising guidance information for the current task to be performed by the patient within the pre-defined sequence of user tasks forming the configuration procedure.
17. A processor-implemented method comprising: determining, based on one or more activities of a user of a medical device, one or more tasks of a pre-defined sequence of tasks for configuring the medical device that have been performed by the user through the one or more activities; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for configuring the medical device; and generating guidance information for performing the subsequent task of the pre-defined sequence of tasks.
2. The method of claim 1, further comprising determining guidance content for performing the current task of the pre-defined sequence of user tasks based at least in part on a difficulty metric associated with the current task, wherein the guidance information comprises the guidance content.
3. The method of claim 2, further comprising: detecting performance of the current task in response to a subsequent output of the sensing arrangement indicative of one or more subsequent gestures with respect to the personal medical device by the user; and in response to the performance of the current task, dynamically updating the graphical user interface on the display to provide second guidance content for performing a subsequent task of the pre-defined sequence of user tasks following the current task.
4. The method of claim 3, further comprising determining the second guidance content for performing the subsequent task based at least in part on a second difficulty metric associated with the subsequent task, wherein a second amount of the second guidance content varies from a first amount of the guidance content in a manner corresponding to a relationship between the second difficulty metric and the difficulty metric.
5. The method of claim 1, further comprising determining a personalized score for performing the configuration procedure based on historical procedural gesture data associated with the user, wherein the guidance information is influenced by the personalized score associated with the user.
6. The method of claim 5, further comprising determining guidance content for an advanced feature associated with the configuration procedure for the personal medical device when the personalized score indicates an experienced user, wherein the guidance information comprises the guidance content for the advanced feature.
7. The method of claim 5, wherein the guidance information comprises detailed guidance content for performing the current task of the pre-defined sequence of user tasks when the personalized score indicates an inexperienced user.
9. The at least one non-transitory computer readable medium of claim 8, wherein the method further comprises determining guidance content for performing the current task of the pre-defined sequence of user tasks based at least in part on a difficulty metric associated with the current task, wherein the guidance information comprises the guidance content.
10. The at least one non-transitory computer readable medium of claim 9, wherein the method further comprises: detecting performance of the current task in response to a subsequent output of the sensing arrangement indicative of one or more subsequent gestures with respect to the personal medical device by the user; and in response to the performance of the current task, dynamically updating the graphical user interface on the display to provide second guidance content for performing a subsequent task of the pre-defined sequence of user tasks following the current task.
11. The at least one non-transitory computer readable medium of claim 10, wherein the method further comprises determining the second guidance content for performing the subsequent task based at least in part on a second difficulty metric associated with the subsequent task, wherein a second amount of the second guidance content varies from a first amount of the guidance content in a manner corresponding to a relationship between the second difficulty metric and the difficulty metric.
12. The at least one non-transitory computer readable medium of claim 8, wherein the method further comprises determining a personalized score for performing the configuration procedure based on historical procedural gesture data associated with the user, wherein the guidance information is influenced by the personalized score associated with the user.
13. The at least one non-transitory computer readable medium of claim 12, wherein the method further comprises determining guidance content for an advanced feature associated with the configuration procedure for the personal medical device when the personalized score indicates an experienced user, wherein the guidance information comprises the guidance content for the advanced feature.
14. The at least one non-transitory computer readable medium of claim 12, wherein the guidance information comprises detailed guidance content for performing the current task of the pre-defined sequence of user tasks when the personalized score indicates an inexperienced user.
2. The system of claim 1, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
3. The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of: detecting performance of the subsequent task by the user; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task.
4. The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of determining a personalized score of the user for operating the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for operating the medical device.
5. The system of claim 4, wherein the instructions, when executed by the one or more processors, further cause performance of generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance content for an advanced feature associated with operating the medical device.
6. The system of claim 4, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises generating, in response to the personalized score of the user indicating an inexperienced user, detailed guidance content for operating the medical device.
7. The system of claim 4, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based on both a difficulty metric associated with the subsequent task and the personalized score of the user for operating the medical device.
8. The system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of: obtaining sensor data indicative of one or more activities of the user; and determining, based on the sensor data, that the pre-defined sequence of tasks for operating the medical device is being performed on the medical device by the user.
10. The processor-implemented method of claim 9, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
11. The processor-implemented method of claim 9, further comprising: detecting performance of the subsequent task; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task.
12. The processor-implemented method of claim 10, further comprising determining a personalized score of the user for operating the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for operating the medical device.
13. The processor-implemented method of claim 12, further comprising generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance content for an advanced feature associated with operating the medical device.
14. The processor-implemented method of claim 12, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises selectively performing, based on the personalized score of the user: generating detailed guidance content for performing the subsequent task, in response to the personalized score of the user indicating an inexperienced user; or generating a lesser amount of guidance content for performing the subsequent task, in response to the personalized score of the user indicating an experienced or skilled user.
15. The processor-implemented method of claim 12, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based on both a difficulty or complexity metric associated with the subsequent task and the personalized score of the user for operating the medical device.
16. The processor-implemented method of claim 9, further comprising: obtaining sensor data indicative of one or more activities of the user; and detecting, based on the sensor data, that the pre-defined sequence of tasks for operating the medical device is being performed on the medical device by the user.
16. The system of claim 15, wherein the at least one controller is configured to determine guidance content for performing the current task of the pre-defined sequence of user tasks based at least in part on a difficulty metric associated with the current task, wherein the guidance information comprises the guidance content.
17. The system of claim 16, wherein the at least one controller is configured to: detect performance of the current task in response to one or more subsequent gestures with respect to the personal medical device by the patient; and in response to the performance of the current task, dynamically update the graphical user interface on the display to provide second guidance content for performing a subsequent task of the pre-defined sequence of user tasks following the current task.
18. The system of claim 17, wherein the at least one controller is configured to determine the second guidance content for performing the subsequent task based at least in part on a second difficulty metric associated with the subsequent task, wherein a second amount of the second guidance content varies from a first amount of the guidance content in a manner corresponding to a relationship between the second difficulty metric and the difficulty metric.
19. The system of claim 15, wherein the at least one controller is configured to determine a personalized score for performing the configuration procedure based on historical gesture data associated with the patient, wherein the guidance information is influenced by the personalized score associated with the patient.
12. The at least one non-transitory computer readable medium of claim 8, wherein the method further comprises determining a personalized score for performing the configuration procedure based on historical procedural gesture data associated with the user, wherein the guidance information is influenced by the personalized score associated with the user.
18. The processor-implemented method of claim 17, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
19. The processor-implemented method of claim 17, further comprising: determining a personalized score of the user for configuring the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for configuring the medical device; and generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance information for an advanced feature associated with configuring the medical device.
20. The processor-implemented method of claim 17, further comprising: determining a personalized score of the user for configuring the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for configuring the medical device; and generating, in response to the personalized score of the user indicating an inexperienced user, detailed guidance content for performing the subsequent task.
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)(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) 1,3, 8-9, 11 and 16-17 is/are rejected under 35 U.S.C. 102(a)(2)as being anticipated by Hanushik et al 2020/0054406, hereinafter, Hanushik.
In regards to claim 1, Hanushik teaches a system comprising: one or more processors; and one or more processor-readable media storing instructions which, when executed by the one or more processors [0042], cause performance of:
determining, from a pre-defined sequence (fig 2. 202-206)) of tasks for operating a medical device, one or more tasks that have been performed by a user of the medical device;(fig. 7b 318-328)[0038,0050]
[0007] In an aspect, the detected physical arrangement is a positional arrangement of the one motorized surgical arm. In an aspect, the detected physical arrangement is an invasive surgical component selectively associated with the at least one motorized surgical arm. In an aspect, the invasive surgical component is one of a cannula and an endoscope. In an aspect, the teleoperational medical system includes a sensor configured to detect the presence of a surgical drape, and wherein the first setup step is a draping setup step. The guided setup system is configured to automatically display a prompt for a subsequent setup step after the sensor detects the presence of the surgical drape. In an aspect, the subsequent step is a step of receiving an input relating to one of a surgical region to be surgically treated and an approach to a patient. In an aspect, the subsequent step is a step of deploying the at least one motorized arm to a position for docking a cannula. In an aspect, the teleoperational medical system includes a sensor configured to detect the location of the at least one motorized arm, and wherein the first setup step is orienting the arm in a particular position. The guided setup system is configured to automatically display a prompt for a subsequent setup step after the sensor detects the at least one motorized arm is in the particular position. In an aspect, the subsequent step is a step of docking a cannula onto the at least one motorized arm. In an aspect, the subsequent step is a step of connecting an endoscope to the at least one motorized arm. In an aspect, the subsequent step is driving the teleoperational assembly to a patient. In an aspect, the teleoperational medical system includes a sensor configured to detect the presence of a surgical instrument on the at least one motorized arm, and wherein the first setup step is attaching the surgical instrument onto the at least one motorized arm. The guided setup system is configured to automatically display a prompt for a subsequent setup step after the sensor detects the at least one instrument is attached to the at least one motorized arm. In an aspect, the instrument is an endoscope. In an aspect, the teleoperational medical system includes a sensor configured to detect the presence of a cannula on the at least one motorized arm, and wherein the first setup step is docking the cannula onto the at least one motorized arm. The guided setup system is configured to automatically display a prompt for a subsequent setup step after the sensor detects the at least one cannula is attached to the at least one motorized arm. In an aspect, the subsequent setup step is attaching an instrument to the cannula. In an aspect, the dynamic guided setup system comprises a universal override and is configured to automatically bypass the subsequent step when the guided setup system recognizes that a condition for implementing the universal override has been met. In an aspect, the user interface is configured to provide at elast one of visual feedback, auditory feedback, and voice feedback. In an aspect, the dynamic guided setup system comprises a laser targeting system configured to present a laser reference line as a part of the first setup step, the laser reference visually indicating where to arrange the at least one motorized surgical arm.
identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for operating the medical device (fig. 7b 318-328, fig. 7c 316)) [0007]; and
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generating guidance information for performing the subsequent task of the pre-defined sequence of tasks(figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014].
In regards to claim 9, Hanushik teaches processor-implemented method comprising: [0042], determining, from a pre-defined sequence of tasks for operating a medical device, one or more tasks that have been performed by a user of the medical device(fig. 7b 318-328)[0038,0050]; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for operating the medical device; (fig. 7b 318-328, fig. 7c 316)) [0007]; and generating guidance information for performing the subsequent task of the pre-defined sequence of tasks. (figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014].
In regards to claim 17, Hanushik teaches processor-implemented method comprising: determining, based on one or more activities of a user of a medical device, [0042], one or more tasks of a pre-defined sequence of tasks for configuring the medical device that have been performed by the user through the one or more activities(fig. 7b 318-328)[0038,0050]; identifying, based on the pre-defined sequence of tasks and the determined one or more tasks, a subsequent task of the pre-defined sequence of tasks for configuring the medical device(fig. 7b 318-328, fig. 7c 316)) [0007];; and generating guidance information for performing the subsequent task of the pre-defined sequence of tasks. (figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014].
In regards to claim 3, Hanushik teaches the system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of: detecting performance of the subsequent task by the user; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task. (fig. 7b 318-328)[0038,0050]
In regards to claim 8, Hanushik teaches system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of: obtaining sensor data indicative of one or more activities of the user; and determining, based on the sensor data, that the pre-defined sequence of tasks for operating the medical device is being performed on the medical device by the user.[0007,0038-0039,0050,0074,0092,]
In regards to claim 11, Hanushik teaches processor-implemented method of claim 9, further comprising: detecting performance of the subsequent task; and generating, in response to detecting the performance of the subsequent task, guidance information for performing a next task of the pre-defined sequence of tasks following the subsequent task. (fig. 7b 318-328)[0038,0050]
In regards to claim 16, Hanushik teaches processor-implemented method of claim 9, further comprising: obtaining sensor data indicative of one or more activities of the user; and detecting, based on the sensor data, that the pre-defined sequence of tasks for operating the medical device is being performed on the medical device by the user. [0007,0038-0039,0050,0074,0092,].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2, 10, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanushik in view of Rothberg et al (2017/0360403) hereinafter, Rothberg
In regards to claim 2, Hanushik fails to teach the system of claim 1, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task.
However, Rothberg teaches wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task. [189] guidance to path to avoid bone as hard material don’t penetrate hard material and would add to the difficulty.Rothberg
It would have been obvious to one of ordinary skill in the art to modify the teachings of Hanushik to further include wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task as taught by Rothberg in order to more easily track and us the most direct path [189]
In regards to claim 10, Hanushik in view of Rothberg, see rational of claim 2, teaches the processor-implemented method of claim 9, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task. [189] guidance to path to avoid bone as hard material don’t penetrate hard material and would add to the difficulty. Rothberg
In regards to claim 18, Hanushik in view of Rothberg, see rational of claim 2, teaches processor-implemented method of claim 17, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task. [189] guidance to path to avoid bone as hard material don’t penetrate hard material and would add to the difficulty. Rothberg
Claim(s) 4-6,12-14, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanushik in view of Ottensmeyer (20150037775) hereinafter, Ottensmeyer.
In regards to claim 4, Hanushik to teach the system of claim 1, wherein the instructions, when executed by the one or more processors, further cause performance of determining a personalized score of the user for operating the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for operating the medical device.
However, Ottensmeyer teaches wherein the instructions, when executed by the one or more processors, further cause performance of determining a personalized score of the user for operating the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for operating the medical device. [0051, 137].feedback from input. Ottensmeyer
It would have been obvious to one of ordinary skill in the art to modify the teachings of Hanushik to further include wherein the instructions, when executed by the one or more processors, further cause performance of determining a personalized score of the user for operating the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for operating the medical device as taught by Ottensmeyer in order to rank and/or track user improvement.
In regards to claim 5, Hanushik and Ottensmeyer teaches the system of claim 4, wherein the instructions, when executed by the one or more processors, further cause performance of generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance content for an advanced feature associated with operating the medical device. [0051,0085, 135-140].(fig. 6e (650-674) Ottensmeyer
In regards to claim 6, Hanushik and Ottensmeyer teaches system of claim 4, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises generating, in response to the personalized score of the user indicating an inexperienced user, detailed guidance content for operating the medical device. [0051,0085, 135-140].(fig. 6e (650-674) Ottensmeyer in view of (figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014] Hanushik
In regards to claim 12, Hanushik and Ottensmeyer teaches, see rational of claim 4, processor-implemented method of claim 10, further comprising determining a personalized score of the user for operating the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for operating the medical device. [0051, 137].feedback from input. Ottensmeyer
In regards to claim 13, Hanushik and Ottensmeyer teaches processor-implemented method of claim 12, further comprising generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance content for an advanced feature associated with operating the medical device. [0051,0085, 135-140].(fig. 6e (650-674) Ottensmeyer
In regards to claim 14, Hanushik and Ottensmeyer teaches processor-implemented method of claim 12, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises selectively performing, based on the personalized score of the user: generating detailed guidance content for performing the subsequent task, in response to the personalized score of the user indicating an inexperienced user; or generating a lesser amount of guidance content for performing the subsequent task, in response to the personalized score of the user indicating an experienced or skilled user. [0051,0085, 135-140].(fig. 6e (650-674) Ottensmeyer in view of (figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014] Hanushik.
In regards to claim 19, Hanushik and Ottensmeyer teaches, see rational of claim 4, processor-implemented method of claim 17, further comprising: determining a personalized score of the user for configuring the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for configuring the medical device; and generating, in response to the personalized score of the user indicating an experienced or skilled user, guidance information for an advanced feature associated with configuring the medical device. [0051, 137].feedback from input. Ottensmeyer
In regards to claim 20, Hanushik and Ottensmeyer teaches, see rational of claim 4, processor-implemented method of claim 17, further comprising: determining a personalized score of the user for configuring the medical device based on historical data associated with the user, the personalized score of the user indicating a skill or experience level of the user for configuring the medical device; and generating, in response to the personalized score of the user indicating an inexperienced user, detailed guidance content for performing the subsequent task.[0051,0085, 135-140].(fig. 6e (650-674) Ottensmeyer in view of (figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014] Hanushik
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanushik in view of Ottensmeyer (20150037775) hereinafter, Ottensmeyer and Rothberg.
In regards to claim 7, Hanushik and Ottensmeyer fails to teach system of claim 4, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based on both a difficulty metric associated with the subsequent task and the personalized score of the user for operating the medical device. . [0051,0085, 135-140].(fig. 6e (650-674) Ottensmeyer in view of (figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014] Hanushik
However, Rothberg teaches wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task. [189] guidance to path to avoid bone as hard material don’t penetrate hard material and would add to the difficulty.Rothberg
It would have been obvious to one of ordinary skill in the art to modify the teachings of Hanushik and Ottensmeyer to further include wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based at least in part on a difficulty or complexity metric associated with the subsequent task as taught by Rothberg in order to more easily track and us the most direct path [189].
Therefore, Hanushik and Ottensmeyer and Rothberg teaches wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based on both a difficulty metric associated with the subsequent task and the personalized score of the user for operating the medical device. . [0051,0085, 135-140].(fig. 6e (650-674) Ottensmeyer in view of [145-153, 185-190] Rothberg (figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014] Hanushik
In regards to claim 15, Hanushik and Ottensmeyer and Rothberg, see rational of claim 7, teaches processor-implemented method of claim 12, wherein generating the guidance information for performing the subsequent task of the pre-defined sequence of tasks comprises determining guidance content based on both a difficulty or complexity metric associated with the subsequent task and the personalized score of the user for operating the medical device[0051,0085, 135-140].(fig. 6e (650-674) Ottensmeyer in view of [145-153, 185-190] Rothberg (figs. 9-13 guided setup)(fig. 7b (320, 325,314)(fig. 7c 334-350).[0007-0014] Hanushik
Conclusion
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/GRANT SITTA/Primary Examiner, Art Unit 2622
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