DETAILED ACTION
This office action is in response to the application filed on July 25, 2025. Claims 1 – 20 are pending.
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 .
Priority
Acknowledgment is made of applicant's claim for priority based on U.S. provisional applications 63/253,081 filed on October 6, 2021, and U.S. provisional applications 63/337,305 filed on May 6, 2022.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on August 18, 2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.
Claims 8 - 14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to nonstatutory subject matter because the claim is drawn to a “computer readable storage medium”. Thus, applying the broadest reasonable interpretation in light of the specification and taking into account the meaning of the words in their ordinary usage as they would be understood by one of ordinary skill in the art (MPEP §2111), the claim as a whole covers both transitory and non-transitory media. A transitory medium does not fall into any of the four categories of invention (process, machine, manufacture, or composition of matter).
The claims may be amended by changing “computer readable storage medium” to --- “non-transitory computer readable storage medium”.
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.
Claims 1 - 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 3, 6, 7, 9, 11 - 13, 16, 17, 19, 21 - 23, 26 and 27 of U.S. Patent No. 12,375,745 B2. Although the claims at issue are not identical, they are not patentably distinct from each other. See below:
Instant Application- 19/280,483
US Patent 12,375,745 B2
Claim 1. A computer-implemented method executed on a computing device comprising: enabling a user to select raw procedure content for processing; enabling the user to select one or more sub-portions of the raw procedure content for inclusion within processed procedure content, including: receiving a user selection of a general portion of the raw procedure content; zooming into the selected general portion of the raw procedure content at a predefined level of granularity; and receiving an exact selection of one or more of a start and an end of the sub-portions from the zoomed selected general portion; and processing the one or more sub-portions of the raw procedure content to generate the processed procedure content.
Claim 1. A computer-implemented method executed on a computing device comprising: enabling a user to select raw procedure content for processing; enabling the user to select one or more sub-portions of the raw procedure content for inclusion within processed procedure content, including: receiving a user selection of a general portion of the raw procedure content; zooming into the selected general portion of the raw procedure content at a predefined level of granularity; and receiving an exact selection of one or more of a start and an end of the sub- portions from the zoomed selected general portion; and processing the one or more sub-portions of the raw procedure content to generate the processed procedure content, including joining the one or more sub-portions of the raw procedure content to generate the processed procedure content.
Claim 2. The computer-implemented method of claim 1 wherein the raw procedure content includes video-based raw procedure content.
Claim 2. The computer-implemented method of claim 1 wherein the raw procedure content includes video-based raw procedure content.
Claim 3. The computer-implemented method of claim 1 wherein the raw procedure content concerns a medical procedure.
Claim 3. The computer-implemented method of claim 1 wherein the raw procedure content concerns a medical procedure.
Claim 4. The computer-implemented method of claim 1 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to shorten the overall length of the raw procedure content.
Claim 6. The computer-implemented method of claim 1 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to shorten the overall length of the raw procedure content
Claim 5. The computer-implemented method of claim 1 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to remove one or more undesired portions of the raw procedure content
Claim 7. The computer-implemented method of claim 1 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to remove one or more undesired portions of the raw procedure content.
Claim 6. The computer-implemented method of claim 1 wherein processing the one or more sub-portions of the raw procedure content to generate the processed procedure content includes: joining the one or more sub-portions of the raw procedure content to generate the processed procedure content.
(Claim 1 above includes the claimed limitations of Claim 6 of the Instant Application)
Claim 7. The computer-implemented method of claim 1 wherein processing the one or more sub-portions of the raw procedure content to generate the processed procedure content includes: adding overlay material to the one or more sub-portions of the raw procedure content.
Claim 9. The computer-implemented method of claim 1 wherein processing the one or more sub-portions of the raw procedure content to generate the processed procedure content includes: adding overlay material to the one or more sub-portions of the raw procedure content.
Claim 8. A computer program product residing on a computer readable medium having a plurality of instructions stored thereon which, when executed by a processor, cause the processor to perform operations comprising: enabling a user to select raw procedure content for processing; enabling the user to select one or more sub-portions of the raw procedure content for inclusion within processed procedure content, including: receiving a user selection of a general portion of the raw procedure content; zooming into the selected general portion of the raw procedure content at a predefined level of granularity; and receiving an exact selection of one or more of a start and an end of the sub-portions from the zoomed selected general portion; and processing the one or more sub-portions of the raw procedure content to generate the processed procedure content.
Claim 11. A computer program product residing on a non-transitory computer readable medium having a plurality of instructions stored thereon which, when executed by a processor, cause the processor to perform operations comprising: enabling a user to select raw procedure content for processing; enabling the user to select one or more sub-portions of the raw procedure content for inclusion within processed procedure content, including: receiving a user selection of a general portion of the raw procedure content; zooming into the selected general portion of the raw procedure content at a predefined level of granularity; and receiving an exact selection of one or more of a start and an end of the sub- portions from the zoomed selected general portion; and processing the one or more sub-portions of the raw procedure content to generate the processed procedure content, including joining the one or more sub-portions of the raw procedure content to generate the processed procedure content.
Claim 9. The computer program product of claim 8 wherein the raw procedure content includes video-based raw procedure content.
Claim 12. The computer program product of claim 11 wherein the raw procedure content includes video-based raw procedure content.
Claim 10. The computer program product of claim 8 wherein the raw procedure content concerns a medical procedure.
Claim 13. The computer program product of claim 11 wherein the raw procedure content concerns a medical procedure.
Claim 11. The computer program product of claim 8 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to shorten the overall length of the raw procedure content.
Claim 16. The computer program product of claim 11 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to shorten the overall length of the raw procedure content.
Claim 12. The computer program product of claim 8 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to remove one or more undesired portions of the raw procedure content.
Claim 17. The computer program product of claim 11 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to remove one or more undesired portions of the raw procedure content.
Claim 13. The computer program product of claim 8 wherein processing the one or more sub- portions of the raw procedure content to generate the processed procedure content includes: joining the one or more sub-portions of the raw procedure content to generate the processed procedure content.
(Claim 11 above includes the claimed limitations of Claim 13 of the Instant Application)
Claim 14. The computer program product of claim 8 wherein processing the one or more sub- portions of the raw procedure content to generate the processed procedure content includes: adding overlay material to the one or more sub-portions of the raw procedure content.
Claim 19. The computer program product of claim 11 wherein processing the one or more sub-portions of the raw procedure content to generate the processed procedure content includes: adding overlay material to the one or more sub-portions of the raw procedure content.
Claim 15. A computing system including a processor and memory configured to perform operations comprising: enabling a user to select raw procedure content for processing; enabling the user to select one or more sub-portions of the raw procedure content for inclusion within processed procedure content, including: receiving a user selection of a general portion of the raw procedure content; zooming into the selected general portion of the raw procedure content at a predefined level of granularity; and receiving an exact selection of one or more of a start and an end of the sub-portions from the zoomed selected general portion; and processing the one or more sub-portions of the raw procedure content to generate the processed procedure content.
Claim 21. A computing system including a processor and memory configured to perform operations comprising: enabling a user to select raw procedure content for processing; enabling the user to select one or more sub-portions of the raw procedure content for inclusion within processed procedure content, including :receiving a user selection of a general portion of the raw procedure content; zooming into the selected general portion of the raw procedure content at a predefined level of granularity; and receiving an exact selection of one or more of a start and an end of the sub- portions from the zoomed selected general portion; and processing the one or more sub-portions of the raw procedure content to generate the processed procedure content, including joining the one or more sub-portions of the raw procedure content to generate the processed procedure content.
Claim 16. The computing system of claim 15 wherein the raw procedure content includes video-based raw procedure content.
Claim 22. The computing system of claim 21 wherein the raw procedure content includes video-based raw procedure content.
Claim 17. The computing system of claim 15 wherein the raw procedure content concerns a medical procedure.
Claim 23. The computing system of claim 21 wherein the raw procedure content concerns a medical procedure.
Claim 18. The computing system of claim 15 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to shorten the overall length of the raw procedure content.
Claim 26. The computing system of claim 21 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to shorten the overall length of the raw procedure content.
Claim 19. The computing system of claim 15 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to remove one or more undesired portions of the raw procedure content.
Claim 27. The computing system of claim 21 wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content includes: selecting one or more sub-portions of the raw procedure content to remove one or more undesired portions of the raw procedure content.
Claim 20. The computing system of claim 15 wherein processing the one or more sub-portions of the raw procedure content to generate the processed procedure content includes: joining the one or more sub-portions of the raw procedure content to generate the processed procedure content.
(Claim 21 above includes the claimed limitations of Claim 20 of the Instant Application)
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1 - 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barral et al., (US 2019/0110856 A1) referred to as Barral hereinafter.
Regarding Claim 1, Barral discloses a computer-implemented method executed on a computing device (Fig. 1, Par. [0041] computing device 107 may include the processor and memory of a general purpose computer) comprising:
enabling a user to select (Fig. 4, Par. [0053] GUI 400 is displayed on a display screen 411 and provides an interface for a user to interact with a surgical video 471. Par. [0054] the GUI 400 provides the option to search 470 for other surgical videos) raw procedure content for processing (Par. [0042] computing device 107, with one or more displays 111 and a microphone 112, is coupled to surgical robot 121. As shown, camera 101 is coupled to capture surgical video. A surgical video includes video captured during a surgical procedure (i.e. raw procedure content), such as one performed with the surgical robot 121. The computing device 107 receives video signals from the camera, including any associated metadata generated at or by the camera (i.e. raw procedure content), and stores the video signals in a video file, either locally at the computing device 107 or streamed to a remote server, such as cloud storage);
enabling the user to select one or more sub-portions of the raw procedure content for inclusion within processed procedure content (Par. [0054] the GUI 400 provides options to edit 430 bookmarks (i.e. select one or more sub-portions), extract 440 one or more video segments, share 450 video segments, or to watch 460 the video.), including:
receiving a user selection of a general portion of the raw procedure content (Fig. 5, Par. [0054] – [0058] the GUI 400 provides options to edit 430 bookmarks. The video window 410 includes a video timeline 412 (i.e. general portion) and a cursor 414 that may be used to manually scrub through the video 471. Each of the bookmarks 422a-e shown in the video window 410 are also replicated in the bookmark editor window 520 to the left of the video window 410. The bookmark editor window 520 allows a user to view detailed information about each bookmark and to edit one or more properties of each bookmark. The GUI 500 allows the user to edit the position of each bookmark 422a-e within the video, add or delete bookmarks. A user first accesses a surgical video using the GUI 500, bookmarks (such as bookmarks 422a-e) may be pre-populated and immediately available for customization or use by the user);
zooming into the selected general portion of the raw procedure content (Par. [0058]-[0059] The user has also selected an option to add a new bookmark and created a new bookmark 422e. The GUI 400 then presents the user with the option to enter a name of the step, sub-step, or event corresponding to the new bookmark 422e, and the user will enter the step name as “Close Mesenteric Defect” (as shown in FIG. 8) or the user may also edit the time corresponding to any of the bookmarks by selecting the corresponding timestamp and entering a new time. The user may select a bookmark, such as by touching the bookmark or moving a mouse cursor over the bookmark and clicking a button, to jump to the bookmarked frame of the video 471. The user may also edit the position of the bookmark by selecting and dragging the bookmark to a new location (i.e. zooming) along the timeline 412) at a predefined level of granularity (Par. [0068] if the user adjusts the location of the bookmark, it may change the value stored by the “begin” tag. While the begin tag in this example specifies a video frame using minutes and seconds (i.e. predefined level of granularity), other formats may be used); and
receiving an exact selection of one or more of a start and an end of the sub-portions from the zoomed selected general portion (Par. [0059] Once the user has finished editing bookmarks (i.e. start and end of sub-portion), she may save the revisions by returning to the GUI 400 shown in FIG. 4); and
processing the one or more sub-portions of the raw procedure content to generate the processed procedure content (Par. [0057] the GUI 500 allows the user to add or delete bookmarks. Par. [0058] The user has also selected an option to add a new bookmark and created a new bookmark 422e. The GUI 400 then presents the user with the option to enter a name of the step, sub-step, or event corresponding to the new bookmark 422e, and the user will enter the step name as “Close Mesenteric Defect” (as shown in FIG. 8)).
Regarding Claim 2, Barral discloses Claim 1. Barral further discloses wherein the raw procedure content includes video-based raw procedure content (Fig. 1, Par. [0042] A surgical video (i.e. video-based) includes video captured during a surgical procedure, such as one performed with the surgical robot 121. The computing device 107 receives video signals from the camera (i.e. video-based), including any associated metadata generated at or by the camera, and stores the video signals in a video file, either locally at the computing device 107 or streamed to a remote server, such as cloud storage).
Regarding Claim 3, Barral discloses Claim 1. Barral further discloses wherein the raw procedure content concerns a medical procedure (Fig. 4, bibliographic information 420 about the video - current video is gastric bypass, Par. [0042] A surgical video includes video captured during a surgical procedure (i.e. medical procedure), such as one performed with the surgical robot 121. The computing device 107 receives video signals from the camera, including any associated metadata generated at or by the camera, and stores the video signals in a video file, either locally at the computing device 107 or streamed to a remote server, such as cloud storage).
Regarding Claim 4, Barral discloses Claim 1. Barral further discloses wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content (Par. [0054] the GUI 400 provides options to edit 430 bookmarks, extract 440 one or more video segments, share 450 video segments, or to watch 460 the video) includes: selecting one or more sub-portions of the raw procedure content to shorten the overall length of the raw procedure content (Par. [0080] FIG. 9B shows the GUI 900 where a user has selected three bookmarks 422b-d. After selecting the bookmarks, the user selects one of the two extraction options 910, 920 to extract one or more video segments. If the user selects the “extract individual video segments” option 910, the system 100 will generate two new video files. The first video file will include video frames beginning at bookmark 2 (422b) and ending at bookmark 3 (422c) (i.e. shorten overall length), while the second video file will include video frames beginning at bookmark 3 (422c) and ending at bookmark 4 (422d). Each new video file (i.e. shorten overall length) will be given a default filename based on the name of the surgical video 471 and including the name of the bookmark marking the beginning of the video).
Regarding Claim 5, Barral discloses Claim 1. Barral further discloses wherein enabling the user to select one or more sub-portions of the raw procedure content for inclusion in processed procedure content (Par. [0054] the GUI 400 provides options to edit 430 bookmarks (i.e. select one or more sub-portions), extract 440 one or more video segments, share 450 video segments, or to watch 460 the video) includes: selecting one or more sub-portions of the raw procedure content to remove one or more undesired portions of the raw procedure content (Par. [0078] the GUI 900 enables the user to employ the bookmarks to select video segments and extract those segments as discrete surgical videos (i.e. only desired portions are selected and extracted, therefore undesired portions are removed). Par. [0080] FIG. 9B shows the GUI 900 where a user has selected three bookmarks 422b-d).
Regarding Claim 6, Barral discloses Claim 1. Barral further discloses wherein processing the one or more sub-portions of the raw procedure content to generate the processed procedure content includes: joining the one or more sub-portions of the raw procedure content to generate the processed procedure content (Par. [0080] FIG. 9B shows the GUI 900 where a user has selected three bookmarks 422b-d. After selecting the bookmarks, the user selects one of the two extraction options 910, 920 to extract one or more video segments. Par. [0082] the user may select the “extract single video” option 920. In this example, such a selection would cause the system 100 to generate a single video file including all video frames beginning at bookmark 422b and ending at bookmark 422d. If non-consecutive bookmarks are selected, e.g., 422a, 422c, and 422d, some example systems may extract video frames between bookmark 422a and 422b as well as between 422c and 422d and store them in a single video file (i.e. joining sub-portions to generate processed content). The newly created video file may include the filename of the surgical video 471 as well as indicators of the bookmarks employed to create the video file).
Regarding Claim 7, Barral discloses Claim 1. Barral further discloses wherein processing the one or more sub-portions of the raw procedure content to generate the processed procedure content includes: adding overlay material to the one or more sub-portions of the raw procedure content (Par. [0076] Referring again to FIG. 5, a user may select the “add new bookmark” option to add a new bookmark at a point in the video and enter commentary or feedback into the bookmark in a “notes” field (i.e. adding overlay material). Such information may then be stored in the metadata within a <note></note> or <comment></comment> tag associated with the bookmark. Further other types of information, such as hyperlinks (e.g., a <link></link> tag) to another video (or video bookmark) that may provide a comparison to the displayed video 471, e.g., a particularly good or bad example of the step of the surgical procedure. Still other type of information may be stored in the metadata according to different examples or design parameters. Par. [0081] extracting the video, 920, also includes generating metadata for the extracted video files, which may include creating new metadata (i.e. adding overlay material) or copying corresponding metadata from the surgical video's metadata, and associating the new metadata with the extracted video).
Claims 8 – 14 are drawn to the computer program product of using the corresponding method claimed in Claims 1 – 7, respectfully. Therefore, claims 8 – 14 correspond to method Claims 1 – 7 and are rejected for the same reasons of anticipation as used above.
Claims 15 – 20 are drawn to the corresponding apparatus claimed in Claims 1 – 6, respectfully. Therefore Claims 15 – 20 correspond to apparatus Claims 1 – 6 and are rejected for the same reasons of anticipation as used above. Claim 15 further recites a processor and a memory (See Barral, Fig. 1, Par. [0041] computing device 107 may include the processor and memory of a general purpose computer).
Conclusion
The prior art references made of record are not relied upon but are considered pertinent to applicant's disclosure. Belliveau et al. (US 10,079,040 B2) teaches system and methods for video clip creation, curation and interaction. Wolf et al. (US 10,729,502 B1) teaches interoperative surgical event summary that provides video footage to be edited in one or more ways, such as to remove frames associated with inactivity, or to otherwise compile frames not originally captured sequentially. Moore et al. (US 11,049,522 B2) teaches interoperative surgical event summary that provides video footage to be edited in one or more ways, such as to remove frames associated with inactivity, or to otherwise compile frames not originally captured sequentially. Mohr et al. (US 2018/0322949 A1) teaches video content searches in medical content.
Any inquiry concerning this communication should be directed to SUSAN E HODGES whose telephone number is (571)270-0498. The Examiner can normally be reached on Monday - Friday from 8:00 am (EST) to 4:00 pm (EST).
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor, Brian T. Pendleton, can be reached on (571) . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Susan E. Hodges/Primary Examiner, Art Unit 2425
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