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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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, 3-10, 13, 19 and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-8, 10-16, 19-21 and 25 of copending Application No. 18/574578 (reference application – see also U.S. Patent Application Publication 20240310304). Although the claims at issue are not identical, they are not patentably distinct from each other because Application No. 18/574578 similarly claims an inspection system comprising:
at least one ray source configured to emit X-rays, wherein the at least one ray source comprises a separate housing to define a vacuum space and comprises a plurality of target spots enclosed within the housing (claim 1);
wherein a rotation angle of the at least one ray source between two adjacent scanning positions relative to the carrying device is less than a scanning angle of the ray source relative to the rotation axis (claim 1);
a detector assembly configured to receive X-rays from the at least one ray source and passing through an inspection region (claim 1);
wherein the at least one ray source and the detector assembly are movable in a traveling direction relative to the conveying device, so that the object to be inspected enters the inspection region, and the traveling direction is parallel to the rotation axis (claim 1);
wherein the inspection system is configured such that:
the at least one ray source and the detector assembly move in the traveling direction relative to the conveying device; the at least one ray source emits X-rays, when the at least one ray source is located at one of the plurality of scanning positions and
the at least one ray source rotates around the rotation axis to another one of the plurality of scanning positions, after the at least one ray source and the detector assembly move a predetermined distance in the traveling direction relative to the conveying device (claim 1).
Claims 28, 30, 31, 33 and 39 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 30 and 34 of copending Application No. 18/574578 (reference application – see also U.S. Patent Application Publication 20240310304). Although the claims at issue are not identical, they are not patentably distinct from each other because Application No. 18/574578 similarly claims a method comprising the step(s) of:
a) carrying an object to be inspected on a conveying device (claim 30);
(b) positioning at least one ray source at one of a plurality of scanning positions surrounding an inspection region, wherein each ray source comprises a separate housing to define a vacuum space and comprises a plurality of target spots enclosed within the housing (claim 30);
(c) moving the at least one ray source and a detector assembly in a traveling direction relative to the conveying device, so that the object to be inspected enters the inspection region, while the at least one ray source emits X-rays, the X-rays pass through the object to be inspected located in the inspection region and are received by the detector assembly, and a scanning process is completed until the at least one ray source and the detector assembly move a predetermined distance in the traveling direction relative to the conveying device (claim 30); and
(d) rotating the at least one ray source around a rotation axis to another one of the plurality of scanning positions, and repeating step (c) to complete the scanning process at each of the plurality of scanning positions, wherein a rotation angle of the at least one ray source between two adjacent scanning positions is greater than an angle of adjacent target spots of each ray source relative to the rotation axis, and the traveling direction is parallel to the rotation axis (claim 30).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
U.S. Patent Application Publication 20150199804
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Analysis
An inspection system, comprising:
at least one ray source (21) configured to emit X-rays, each ray source comprises a separate housing to define a vacuum space and comprises a plurality of target spots (211) enclosed within the housing; a detector assembly (24, 25) configured to receive X-rays emitted from the at least one ray source and passing through an inspection region of the inspection system; and a conveying device (110) configured to carry an object to be inspected, wherein the at least one ray source and the detector assembly are movable (stages A, B, C) in a traveling direction (ARROW) relative to the conveying device, so that the object to be inspected enters the inspection region, and the traveling direction is parallel to the rotation axis; and wherein the inspection system is configured such that: the at least one ray source (21) and the detector assembly (24, 25) move (via stages A, B, C) in the traveling direction relative to the conveying device and the at least one ray source emits X-rays, when the at least one ray source is located at one of the plurality of scanning positions (see Figs. 1 & 2 (Left))
U.S. Patent Application Publication 20150199804 appears to not disclose and/or render obvious the following limitations:
wherein the at least one ray source is rotatable between at least two scanning positions around a rotation axis (see for example instant application 18/574633, Figs. 3A, 3B)
a rotation angle of the at least one ray source between two adjacent scanning positions is greater than an angle of adjacent target spots of each ray source relative to the rotation axis (see for example instant application 18/574633, Fig. 3C);
the at least one ray source rotates around the rotation axis to another one of the plurality of scanning positions, after the at least one ray source and the detector assembly move a predetermined distance in the traveling direction relative to the conveying device (see for example instant application 18/574633, Fig. 2, para. [0080])
Examiner further notes: U.S. Patent Application Publication 20150199804 is directed to a fixed CT system (Abstract - not shown above)).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY D THOMAS whose telephone number is (571)272-2496. The examiner can normally be reached M-F: 9 AM - 5 PM.
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/COURTNEY D THOMAS/Primary Examiner, Art Unit 2884