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
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 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 11, and 12 of U.S. Patent No. 12,044,811. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent anticipates the claimed invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-4 and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1 (JP 2017127444 A).
With regards to claims 1 and 9-11, D1 discloses a radiation imaging system comprising:
a detection unit configured to detect setting a radiation detection apparatus to be used for image capturing [0037-0039], the radiation detection apparatus being configured to capture a radiographic image through detection of radiation [0028-0030] and including a plurality of receptor fields for performing automatic exposure control [0043-0045];
an acquisition unit configured to acquire information regarding the radiation detection apparatus to be used for image capturing [0037-0041]; and
a selection unit configured to select one or more of the plurality of receptor fields of the radiation detection apparatus to be used for image capturing [0046-0048] based on the acquired information regarding the radiation detection apparatus [0049-0051] and information of a subject as an image capturing target and information of a part of the subject to be imaged [0032-0035].
With regards to claim 2, D1 discloses wherein the acquired information includes at least any one of a size of the radiation detection apparatuses, a number of the plurality of receptor fields, positions of the plurality of receptor fields, a distance between two different receptor fields, and a size of the plurality of receptor fields [0043-0045].
With regards to claim 3, D1 discloses further comprising a determination unit configured to determine an inclusive relationship between a subject area that is determined using the information of the subject and the information of the part of the subject to be imaged, and a receptor field area that is determined using the information regarding the radiation detection apparatus and the information of the part of the subject to be imaged [0032-0035, 0046-0048], wherein the selection unit selects the one or more of the plurality of receptor fields based on the inclusive relationship between the subject area and the receptor field area determined by the determination unit [0046-0051].
With regards to claim 4, D1 discloses wherein if the determination unit determines that the subject area includes the whole of the receptor field area, the selection unit selects receptor fields set for the part of the subject to be imaged [0032-0035, 0046-0048].
With regards to claims 12 and 13, D1 discloses a radiation imaging system comprising:
an acquisition unit configured to acquire information regarding a radiation detection apparatus to be used for image capturing [0037-0041], the radiation detection apparatus being configured to capture a radiographic image through detection of radiation [0028-0030] and including a plurality of receptor fields for performing automatic exposure control [0043-0045]; and
a selection unit configured to select one or more of the plurality of receptor fields of the radiation detection apparatus to be used for image capturing [0046-0048] based on the acquired information regarding the radiation detection apparatus [0049-0051] and information of a subject as an image capturing target and information of a part of the subject to be imaged [0032-0034].
Allowable Subject Matter
Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the double patenting rejection(s) and in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art teach wherein the determination unit further determines an inclusive relationship between a receptor field area obtained by downsizing the receptor field area to eliminate the part not included and the subject area.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS H TANINGCO whose telephone number is (571)272-1848. The examiner can normally be reached Monday-Friday 9am-6pm EST.
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, Uzma Alam can be reached on 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARCUS H TANINGCO/Primary Examiner, Art Unit 2884
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