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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,042,315 B2. This is a statutory double patenting rejection.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under Double Patenting, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to independent claim 1, Peretta (US 2020/0297295 A1) teaches A radiation detector head assembly, comprising: a detector column, comprising: a detector having a first surface and a second surface opposite the first surface; a first collimator disposed over the first surface of the detector configured for use during imaging scans involving radiation in a first energy range;
however, the prior art of record fails to teach or reasonably suggest:
a second collimator disposed over the second surface of the detector configured for use during imaging scans involving radiation in a second energy range different from the first energy range; a first radiation shield disposed over the first collimator, wherein the first radiation shield comprises a first recess for receiving the first collimator and a first opening over a third surface of the first collimator, the third surface being opposite the first surface of the detector; and a second radiation shield disposed over the second collimator, wherein the second radiation shield comprises a second recess for receiving the second collimator and a second opening over a fourth surface of the second collimator, the fourth surface being opposite the second surface of the detector.
Conclusion
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KIHO KIM, Ph.D.
Primary Examiner
Art Unit 2884
/Kiho Kim/Primary Examiner, Art Unit 2884
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