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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-20 are currently pending.
Response to Arguments
Applicant’s arguments with regard to 35 USC 103, see pages 12 and 13 of Remarks, filed 20 February 2026, with respect to 1-20 have been fully considered and are persuasive. The rejection of claims 1-20 under 35 USC 103 has been withdrawn. In particular, none of the prior art, in particular Duindam does not disclose or suggest division multidimensional structural information for a medical device to determine residual contamination. While multidimension information is taught by the prior art, the prior art does not teach the structural information for a medical device.
Claim Rejections - 35 USC § 112
The rejection under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ) in the previous office action is overcome by the amendment.
However, the amendment introduces a new issue with regard to 35 USC 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph,
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The on lines 10 and 12, of claim 1, the term of “the one or more learned models” lacks antecedent basis. The amendment introduces the issue.
Claims 2-12 do not remedy this antecedent basis and are therefore also rejected for the same reasons.
It is suggested that the deleted “one or more learned models” on line 2 of the claim be re-introduced and removing the “a model”.
Conclusion
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Trujillo whose telephone number is (571)272-3677. The examiner can normally be reached M-F 8:00-4:30EST.
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, Dede Zecher can be reached on (571) 272-7771
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/James Trujillo/Supervisory Patent Examiner, Art Unit 2151
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