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 .
Drawings
Drawings 1-8 are acceptable.
Information Disclosure Statement
Examiner consider all of the documents cited in the Information Disclosure Statement filed on November 1, 2023, a supplement IDS on November 12, 2025.
Response to Arguments
Regarding claims 1 and 10 with a “standardized attribute value”. Examiner consider it is similar to an “image based attribute value”.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 and 10 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 and 17 of U.S. Patent No. 12,322,091 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations of claims 1 and 10 of instant application are similar to limitations of claims 1 and 17 of patent no. 12,322,091 B2 respectively.
Instant application: 18499529
Patent: US 12,322,091 B2
Claim 1:
Claim 1:
a. A computer-implemented method for providing at least one first metadata
attribute of medical image data, the method comprising:
a. A computer-implemented method for
providing at least one first metadata
attribute associated with a medical image,
the computer-implemented method comprising:
b. receiving the medical image data and the at least one first metadata attribute, the at least one first metadata attribute including an attribute tag and a provisional attribute value;
b. receiving the medical image and the at least one first metadata attribute, the received at least one first metadata attribute including an attribute tag and a provisional attribute value;
c. applying a first trained function to the medical image data to determine a standardized attribute value;
c. applying a first trained function to the medical image to determine an image-based attribute value;
d. determining a final attribute value based on the provisional attribute value and the standardized attribute value; and
d. checking whether the provisional attribute value is empty;
e. providing the at least one first metadata attribute, the at least one first metadata attribute including the attribute tag and the final attribute value.
e. determining a final attribute value based on the provisional attribute value, the image based attribute value, and a result of the checking; and
f. providing the at least one first metadata attribute, the provided at least one first metadata attribute including the attribute tag and the final attribute value.
Note: Regarding claim 1 of instant application no. 18/499,529 and claim 1 of patent no. 12,322,091 B2. Limitations of claim 1 of instant application no. 18/499,529 are similar of limitations of claim 1 of patent no. 12,322,091 B2. Limitations a-c of claim 1 of instant application are similar to limitations a-c of patent. More specifically, the combination of limitations d and e in claim 1 of instant application is similar to combinations of limitations e and f in claim 1 of patent.
Claim 10:
Claim 17:
a. A unifying system for providing at least one metadata attribute associated with medical image data, the system comprising:
a. A unifying system for providing at least one metadata attribute associated with a medical image, the unifying system comprising:
b. an interface configured to receive the medical image data and the at least one metadata attribute, the at least one metadata attribute including an attribute tag and provisional attribute value; and
b. an interface configured to receive the medical image and the at least one metadata attribute, the received at least one metadata attribute including an attribute tag and a provisional attribute value, and provide the at least one metadata attribute, the provided at least one metadata attribute including the attribute tag and a final attribute value; and
c. a computation unit configured to, apply a first trained function to the medical image data to determine a standardized attribute value, determine a final attribute value based on the standardized attribute value, wherein the interface is configured to provide the at least one metadata attribute, the at least one metadata attribute including the attribute tag and the final attribute value.
c. at least one processor configured to apply a first trained function to the medical image to determine an image based attribute value, check whether the provisional attribute value is empty, and determine the final attribute value based on the provisional attribute value, the image-based attribute value, and a result of the check.
Note: Regarding claim 10 of instant application no. 18/499,529 and claim 17 of patent no. 12,322,091 B2. Limitations of claim 10 of instant application no. 18/499,529 are similar of limitations of claim 17 of patent no. 12,322,091 B2. Limitation “a” of claim 10 of instant application are similar to limitation “a” of claim 17 of patent. More specifically, the combination of limitations b and c in claim 10 of instant application is similar to combinations of limitations b and c in claim 17 of patent, although combinations of limitations b and c of claim 17 (patent) is more detail than combinations of limitations b and c in claim 10 of instant application.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 QUANG N VO whose telephone number is (571)270-1121. The examiner can normally be reached Monday-Friday, 7AM-4PM, EST.
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/QUANG N VO/Primary Examiner, Art Unit 2683