DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of group 1 (claims 18-24) in the reply filed on 11/17/2025 is acknowledged.
Claims 25-37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/17/2025.
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 18-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1- of U.S. Patent No. 1-8. Although the claims at issue are not identical, they are not patentably distinct from each other because the examine application claim is either anticipated or would have been obvious over the reference claim.
Pending Application
Patent11748858
18. (New) A method for enhancing objects in medical images, the method comprising:receiving a raw image of a subject, wherein the raw image contains one or more objects of interest;
1. A method for adjusting appearance of objects in medical images, the method comprising: receiving, by a computer, a raw image of a subject, the raw image containing one or more objects of interest;
rectifying and resealing the raw image into a plurality of different image resolutions;
detecting a plurality of edges in the raw image;generating a strength image and an index image corresponding to the plurality of edges;
detecting edges in the raw image by generating a strength image and an index image, each pixel of the strength image representing strength of an edge centered at a corresponding pixel in the raw image and each pixel of the index image representing (i) an angle of the edge centered at the corresponding pixel of the raw image; (ii) a length of the edge centered at the corresponding pixel of the raw image, or both (i) and (ii);
generating a directional correlation image representing an eccentricity of the plurality of edges;
aggregating offset in the raw image by calculating a first offset image and a directional correlation image, wherein each pixel of the first offset image represents an offset at the corresponding pixel in the raw image, the offset determined by one or more parameters associated with a plurality of neighboring pixels to the corresponding pixel in the raw image, wherein the one or more parameters include: (iii) strength of an edge centered at one of the plurality of neighboring pixels, (iv) an angle of the edge centered at one of the plurality of neighboring pixels, (v) length of the edge centered at each of the plurality of neighboring pixels, or a combination of (iii), (iv) and/or (v), and wherein each pixel of the directional correlation image represents an eccentricity value associated with plurality of edges, wherein each of the plurality of edges is centered at one of the plurality of neighboring pixels; calculating an additional offset image for the raw image at each of the plurality of different image resolutions and combining the offsets of the first offset image and the offsets of the additional offset images into a weighted sum, wherein the weighted sum is added to the raw image at a selected resolution thereby generating an enhanced image;
generating one or more offset images for the raw image, the one or more offset images generated at a plurality of different image resolutions for the raw image, and the one or more offset images including offset that is to be applied to a value of each pixel in the raw image;
aggregating the offset of the one or more offset images using a plurality of strengths obtained from the strength image, and a plurality of indices obtained from the index image, the offset being scaled by the eccentricity of the plurality of edges;
adding the offset of the one or more offset images into a weighted sum;
adding the weighted sum to the raw image at a selected resolution, thereby generating an enhanced image;
applying a local histogram correction to a plurality of regions of the enhanced image, the local histogram correction including correcting a plurality of local histograms of the enhanced image, each local histogram generated from a portion of the enhanced image; and
and generating a corrected enhanced image from the enhanced image by correcting one or more pixel values of one or more regions of the enhanced image to be within a predetermined intensity range.
applying a global histogram correction to the enhanced image to bring pixels of the enhanced image into a desired range, thereby resulting in a corrected enhanced image.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
With respect to claims, in addition to other limitations in the claims the Prior Art of Record fails to teach, disclose or render obvious the applicant' s invention as claimed, in particular the
“aggregating the offset of the one or more offset images using a plurality of strengths obtained from the strength image, and a plurality of indices obtained from the index image, the offset being scaled by the eccentricity of the plurality of edges;
adding the offset of the one or more offset images into a weighted sum;
adding the weighted sum to the raw image at a selected resolution, thereby generating an enhanced image;”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GANDHI THIRUGNANAM whose telephone number is (571)270-3261. The examiner can normally be reached M-F 8:30-5PM.
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, Sumati Lefkowitz can be reached at 571-272-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GANDHI THIRUGNANAM/Primary Examiner, Art Unit 2672