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 .
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 1/31/2024 and is in compliance with the provisions of 37 CFR 1.97. According, the information disclosure statement is being considered by the Examiner.
Double Patenting
2. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
3. Claims 1, 7-12, 16-17 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims of co-pending application 18/499,043, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Both claim features of the instant application 18/499,055 and co-pending application 18/499,043 can be compared as:
Instant Application 18/499,055
Co-pending Application 18/499,043
Claim 1: A computing device comprising a display screen, the computing device being configured to display on the screen a scan interface including a scan prescription display panel in a timeline view including an editable version of a timeline, the scan prescription display panel in the timeline view configured to receive user input to enable a scan prescription of a contrast scan of an imaging subject to be set while displaying each step of the scan prescription via the editable version of the timeline as that step is set, and additionally being configured to display on the screen a button that can be reached directly from the scan interface, wherein the button is selectable to initiate the contrast scan and launch a scanning view of the scan prescription display panel that enables each step of the scan prescription to be seen via the timeline as the contrast scan is carried out.
Claims 1+14: A computing device comprising a display screen, the computing device being configured to: display on the screen a scan interface in a prescription view, a scan prescription display panel including an editable timeline,
setting a scan prescription for at least the one or more post-contrast acquisitions via user input to the editable timeline; displaying, via the live scanning view, a visualization of the scan prescription in the scan prescription display panel additionally being configured to display on the screen a scanning button that can be reached directly from the scan interface in the prescription view, wherein the scanning button is selectable to launch a live scanning view of the scan interface that enables live 2D images of the contrast observation slice to seen within the scan interface
Claim 7
Claim 14
Claim 8
Claim 15
Claim 9
Claim 16
Claim 10: A method for a contrast scan, comprising:
displaying a timeline view of a scan prescription display panel on a display device; receiving a first user input to the scan prescription display panel, and in response, displaying an editable version of a timeline of a scan prescription for the contrast scan that includes a first tile corresponding to a first step of the scan prescription as selected via the first user input;
adjusting the scan prescription via user input to the editable version of the timeline, and making a corresponding adjustment to the editable version of the timeline displayed on the display device; and receiving a command to initiate the contrast scan, and in response, displaying a scanning view of the scan prescription display panel on the display device and carrying out the contrast scan according to the scan prescription, wherein the scanning view of the scan prescription display panel includes the timeline with a tile for each step of the scan prescription arranged in temporal order.
Claims 12+11+14+18: A method for a contrast scan, comprising: displaying, via the prescription view of the scan interface, a scan prescription display panel including an editable timeline, setting a scan prescription for at least the one or more post-contrast acquisitions via user input to the editable timeline; displaying, via the live scanning view, a visualization of the scan prescription in the scan prescription display panel;
responsive to receiving a fourth user input, via the live scanning view, adjust the contrast observation slice to a new contrast observation slice, command the MRI scanner to obtain additional new live 2D images of the new contrast observation slice, and display the additional new live 2D images of the new contrast observation slice in the viewport.
wherein the scan interface in the prescription view includes a scan prescription display panel that displays a scan prescription for at least the post-contrast image acquisition in a timeline format.
Claim 11
Claim 14
Claim 12
Claim 15
Claim 16: A system, comprising: a display device; one or more processors; and memory storing instructions executable by the one or more processors to: display a timeline view of a scan prescription display panel on the display device, the timeline view including an editable version of a timeline of a scan prescription for a contrast scan that includes a first tile corresponding to a first step of the scan prescription;
adjust the scan prescription via a user input to the editable version of the timeline, and make a corresponding adjustment to the editable version of the timeline displayed on the display device; and receive a command to initiate the contrast scan, and in response, display a scanning view of the scan prescription display panel on the display device and carry out the contrast scan according to the scan prescription, wherein the scanning view of the scan prescription display panel includes the timeline with a tile for each step of the scan prescription arranged in temporal order.
Claims 15+11+14+18: A system, comprising: a display device; one or more processors; and memory storing instructions executable by the one or more processors to: displaying, via the prescription view of the scan interface, a scan prescription display panel including an editable timeline, setting a scan prescription for at least the one or more post-contrast acquisitions via user input to the editable timeline; displaying, via the live scanning view, a visualization of the scan prescription in the scan prescription display panel; responsive to receiving a fourth user input, via the live scanning view, adjust the contrast observation slice to a new contrast observation slice, command the MRI scanner to obtain additional new live 2D images of the new contrast observation slice, and display the additional new live 2D images of the new contrast observation slice in the viewport,
wherein the scan interface in the prescription view includes a scan prescription display panel that displays a scan prescription for at least the post-contrast image acquisition in a timeline format.
Claim 17
Claims 14+18
Claim 20
Claim 14
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Examiner Notes
7. Examiner cites particular paragraphs, columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 102
4. 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.
(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.
5. Claims 1-2, 10-14, 16-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozcan et al. (U.S. Pub. 2022/0058776; hereinafter “Ozcan”).
Regarding claim 1, Ozcan discloses a computing device (a computing device 100, in Fig. 1, for generating scan fluorescence microscope images of a sample or object 12 ) comprising a display screen (a display 106), the computing device (100) being configured to display on the screen a scan interface (a GUI (graphic user interface) of the display 106 in Fig. 1) including a scan prescription display panel (the GUI including a scan prescription display panel for displaying scan prescription text and images as shown in Fig. 2A-24) in a timeline view (a series or time sequence of output images 40 are generated, e.g., a time-lapse video clip or movie of the sample 12 or objects, in [0066]. Also Figs. 16-18 show images being displayed in a timeline view) including an editable version of a timeline (“The display 106 may include a graphical user interface (GUI) that enables the user to interact with various parameters of the system 2. For example, the GUI may enable to the user to define or select certain time sequences of images to present on the display 106. The GUI may thus include common movie-maker tools that allow the user to clip or edit a sequence of images 40 to create a movie or time-lapse video clip” in [0073]), the scan prescription display panel in the timeline view configured to receive user input to enable a scan prescription of a contrast scan of an imaging subject to be set while displaying each step of the scan prescription via the editable version of the timeline as that step is set (the GUI enable the user to the user to interact with various parameters of the system 2, that including define or select certain time sequences of images and for identifying and achieving maximum sharpness or contrast in the image, see [0073]), and additionally being configured to display on the screen a button that can be reached directly from the scan interface (“the GUI may also allow the user to easily define the particular user-defined surface(s) 42. For example, the GUI may include a knob, slide bar, or the like that allows the user to define the depth of a particular plane or other surface within the sample 12”), wherein the button is selectable to initiate the contrast scan and launch a scanning view of the scan prescription display panel that enables each step of the scan prescription to be seen via the timeline as the contrast scan is carried out (see at least in [0073] and Figs. 1-18).
Regarding claim 2, Ozcan discloses the computing device of claim 1, wherein the computing device is configured to save each step of the scan prescription and carry out the contrast scan according to the scan prescription (see [0075]).
Regarding claim 10, Ozcan discloses a method for a contrast scan (a method of using a scanning fluorescence microscope for identifying maximum sharpness or contrast in the image, see [0073]), comprising: displaying a timeline view of a scan prescription display panel on a display device (a series or time sequence of output images 40 of the sample 12 are generated and displayed on a display device 106, in [0066]. At least in Figs. 2A, 16-18 show images 40 being displayed in a timeline view); receiving a first user input to the scan prescription display panel, and in response, displaying an editable version of a timeline of a scan prescription for the contrast scan that includes a first tile corresponding to a first step of the scan prescription as selected via the first user input (“The display 106 may include a graphical user interface (GUI) that enables the user to interact with various parameters of the system 2. For example, the GUI may enable to the user to define or select certain time sequences of images to present on the display 106. The GUI may thus include common movie-maker tools that allow the user to clip or edit a sequence of images 40 to create a movie or time-lapse video clip” in [0073]); adjusting the scan prescription via user input to the editable version of the timeline, and making a corresponding adjustment to the editable version of the timeline displayed on the display device (“the GUI may also allow the user to easily define the particular user-defined surface(s) 42. For example, the GUI may include a knob, slide bar, or the like that allows the user to define the depth of a particular plane or other surface within the sample 12”); and receiving a command to initiate the contrast scan, and in response, displaying a scanning view of the scan prescription display panel on the display device and carrying out the contrast scan according to the scan prescription (the GUI enable the user to the user to interact with various parameters of the system 2, that including define or select certain time sequences of images and for identifying and achieving maximum sharpness or contrast in the image, see [0073]), wherein the scanning view of the scan prescription display panel includes the timeline with a tile for each step of the scan prescription arranged in temporal order (Figs. 2A-3, 6D, 11, 16A, 17A-B and 18 shows scanning fluorescence microscope images displayed in the timeline view with a tile for each step of the scan prescription arranged in order).
Regarding claim 11, Ozcan discloses the method of claim 10, further comprising receiving a user selection of a table button of the timeline view of the scan prescription display panel, and in response, switching from the timeline view to a table view of the scan prescription display panel, the table view including an editable table of the scan prescription (see [0073] and Figs. 2-7).
Regarding claim 12, Ozcan discloses the method of claim 11, wherein adjusting the scan prescription via user input to the editable version of the timeline comprises performing a first adjustment to the scan prescription via user input to the editable version of the timeline, and wherein the editable table of the scan prescription is populated with the first adjustment to the scan prescription (see [0073-74] and Figs. 2A-7).
Regarding claim 13, Ozcan discloses the method of claim 12, further comprising performing a second adjustment to the scan prescription via user input to the editable table (see [0073-74] and Figs. 2A-7and 16-18).
Regarding claim 14, Ozcan discloses the method of claim 10, wherein displaying the timeline view of the scan prescription display panel on the display device comprises displaying the timeline view of the scan prescription display panel within a prescription view of a scan interface on the display device and wherein displaying the scanning view of the scan prescription display panel on the display device comprises displaying the scanning view of the scan prescription display panel within a live scanning view of the scan interface on the display device (see Figs. 16-18).
Regarding claim 16, Ozcan discloses a system (a system 2 in Fig. 1 for generating scan fluorescence microscope images of a sample or object 12), comprising: a display device (a display 106); one or more processors (a processor 102 in Fig. 1); and memory (104, see [0065] and Fig. 1) storing instructions executable by the one or more processors (102) to: display a timeline view of a scan prescription display panel on the display device (a series or time sequence of output images 40 of the sample 12 are generated and displayed on a display device 106, in [0066]. At least in Figs. 2A, 16-18 show images 40 being displayed in a timeline view), the timeline view including an editable version of a timeline of a scan prescription for a contrast scan that includes a first tile corresponding to a first step of the scan prescription (“The display 106 may include a graphical user interface (GUI) that enables the user to interact with various parameters of the system 2. For example, the GUI may enable to the user to define or select certain time sequences of images to present on the display 106. The GUI may thus include common movie-maker tools that allow the user to clip or edit a sequence of images 40 to create a movie or time-lapse video clip” in [0073]); adjust the scan prescription via a user input to the editable version of the timeline, and make a corresponding adjustment to the editable version of the timeline displayed on the display device (“the GUI may also allow the user to easily define the particular user-defined surface(s) 42. For example, the GUI may include a knob, slide bar, or the like that allows the user to define the depth of a particular plane or other surface within the sample 12”); and receive a command to initiate the contrast scan, and in response, display a scanning view of the scan prescription display panel on the display device and carry out the contrast scan according to the scan prescription (the GUI enable the user to the user to interact with various parameters of the system 2, that including define or select certain time sequences of images and for identifying and achieving maximum sharpness or contrast in the image, see [0073]), wherein the scanning view of the scan prescription display panel includes the timeline with a tile for each step of the scan prescription arranged in temporal order (Figs. 2A-3, 6D, 11, 16A, 17A-B and 18 shows scanning fluorescence microscope images displayed in the timeline view with a tile for each step of the scan prescription arranged in order).
Regarding claim 17, Ozcan discloses the system of claim 16, wherein adjusting the scan prescription via the user input to the editable version of the timeline, and making the corresponding adjustment to the editable version of the timeline displayed on the display device comprises adding a second step to the scan prescription in response to the user input and adding a second tile corresponding to the second step to the editable version of the timeline (see [0073-74] and generated different scan images with respect to time, in Figs. 16-18).
Regarding claim 20, Ozcan discloses the system of claim 16, wherein the instructions are further executable to, as the contrast scan is carried out, adjust a visual appearance of each tile of the timeline in the scanning view as each step of the scan prescription is carried out (see [0073-74] and Figs. 2A-7).
6. Claims 1-2 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forbes et al. (U.S. Pub. 2021/0128097; hereinafter “Forbes”).
Regarding claim 1, Forbes discloses a computing device (a computing device 216 in Fig. 2) comprising a display screen (a display device 232 in Fig. 2), the computing device being configured to display on the screen a scan interface (an adaptive scan protocol graphic user interface (GUI) 1300 in Fig. 13 or a GUI 1600 in Fig. 16) including a scan prescription display panel (a scan prescription display panel as shown in Figs. 13 and 16) in a timeline view (an example arterial inflow function curve and an example a venous outflow function curve generated during a contrast scan in a timeline view, see Fig. 13) including an editable version of a timeline (an editable version of a timeline 1306 in Fig. 13), the scan prescription display panel in the timeline view configured to receive user input to enable a scan prescription of a contrast scan of an imaging subject to be set while displaying each step of the scan prescription via the editable version of the timeline as that step is set (“the adaptive scan protocol GUI may include a visual representation of the acquisition timings for the scan protocol that may change as the user enters input to adjust/set the scan parameters” in [0127] or “The user may set or adjust when each selected zone is to end by adjusting the respective timing and event inputs” in [0130]), and additionally being configured to display on the screen a button that can be reached directly from the scan interface (the GUI 1300 in Fig. 13 or 1600 in Fig. 16 show a plurality of buttons that can be reached directly from the scan interface), wherein the button is selectable to initiate the contrast scan and launch a scanning view of the scan prescription display panel that enables each step of the scan prescription to be seen via the timeline as the contrast scan is carried out (see at least in [0168, 170]).
Regarding claim 2, Forbes discloses the computing device of claim 1, wherein the computing device is configured to save each step of the scan prescription and carry out the contrast scan according to the scan prescription (see [0136]).
Regarding claim 7, Forbes discloses the computing device of claim 1, wherein the computing device is configured to display on the screen the scan interface in a prescription view (see Figs. 13 and 16), and further configured to receive user input via the scan interface in the prescription view to enable prescription of a contrast observation slice for tracking arrival of a contrast bolus during the contrast scan, and wherein the editable version of the timeline is displayed within the scan interface in the prescription view (see [0031, 60-61, 130]).
Regarding claim 8, Forbes discloses the computing device of claim 7, wherein the computing device is additionally configured to display on the screen a live scanning button that can be reached directly from the scan interface (see Figs. 13 and 16), wherein the live scanning button is selectable to enable live 2D scanning of the contrast observation slice (see Fig. 16), and wherein the button is a scanning button that is also selectable to launch a live scanning view of the scan interface that enables live 2D images of the contrast observation slice to be seen within the scan interface, and wherein the scanning view of the scan prescription display panel is displayed within the live scanning view of the scan interface (see [0157-160]).
Regarding claim 9, Forbes discloses the computing device of claim 8, wherein the live scanning view further includes a contrast tracking display panel that displays an auto-triggering button that is selectable to enable auto-triggering of post-contrast image acquisition and enable a contrast intensity plot determined from the live 2D images to be seen within the contrast tracking display panel (see Fig. 16 and [00160]).
Allowable Subject Matter
7. Claims 3-6, 15, 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 3, the cited references, alone or in combination, do not disclose nor fairly suggest: “ … the scan prescription display panel in the timeline view includes an add mask button and an add phase button, and the computing device is configured to: add a mask step to the scan prescription and a mask tile to the timeline in response to user selection of the add mask button; add a first phase and a first delay to the scan prescription and a first phase tile and a first delay tile to the timeline in response to a first user selection of the add phase button; and add a second phase and a second delay to the scan prescription and a second phase tile and a second delay tile to the timeline in response to a second user selection of the add phase button.” in combination with all other elements as claimed in claim 1.
As to claim(s) 4-6, the claims are allowable as they are further limitation of claim 3.
Regarding claim 15, the cited references, alone or in combination, do not disclose nor fairly suggest:
“ … updating the live 2D image in the viewport as new live 2D images of the contrast observation slice are received; displaying, in the contrast tracking display panel, a live curve plotting measured contrast intensity of the trigger ROI as a function of time since an injection of contrast agent, while continuing to update the live 2D image of the contrast observation slice in the viewport; and commanding initiation of one or more post-contrast acquisitions responsive to any of the live curve reaching a threshold intensity, a user selection of start contrast button being received, and a back-up timer reaching a threshold duration” in combination with all other elements as claimed in claims 10 and 14.
Regarding claim 18, the cited references, alone or in combination, do not disclose nor fairly suggest:
“ … the first tile includes a mask tile added to the editable version of the timeline in response to user selection of an add mask button and the user input comprises selection of an add phase button, wherein the first step of the scan prescription is a mask step and the second step of the scan prescription is a first post-contrast acquisition phase, and wherein the second tile is a first phase tile” in combination with all other elements as claimed in claims 16 and 17.
As to claim(s) 19, the claim is allowable as it is further limitation of claim 18.
Prior Art of Record
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lewis (U.S Pub. 2021/0153827) discloses a system for controlling an adaptive contrast scan (see specification for more details). Hsiao (U.S Pat. 10495713) discloses a method of operation in at least one component of a medical imaging system that employs volumetric phase-contrast magnetic resonance imaging (MRI) data (see specification for more details).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG LE whose telephone number is (571)272-9349. The examiner can normally be reached on Monday thru Friday 7:30AM-5:00PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached on (571) 272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THANG X LE/Primary Examiner, Art Unit 2858
2/6/2026