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 .
The present application is a continuation of U.S. Patent Application No. 17/762,681, filed on March 22, 2022, now patent 12,039,685, which is a 371 of PCT/IB2020/058901, filed on September 23, 2020, which claims priority to U.S. Provisional Patent Application No. 62/904,147, filed September 23, 2019.
This first action on the merits is responsive to the filing of the continuing application 18/763,402 and a preliminary amendment received 03 July 2024, and an additional preliminary amendment filed 19 November 2024.
Currently, claims 1-21 are cancelled and claims 22-41 are new.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 19 November 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 06 August 2025 is not in compliance with the provisions of the written assertion under the new § 1.98(a) requirement for the IDS size fee. Accordingly, the information disclosure statement is not being considered by the examiner.
The IDS received 19 November 2024 lists 668 items, as shown in that submission. Citations filed prior to 19 January 2025 do count in the cumulative total for the application. However, only IDSs filed on/after 19 January 2025 trigger the IDS size statement and IDS size fee.
The authorization to charge any deficiency fees included in the transmittal letter with the second IDS submission is non-compliant as it fails to correctly set forth the specific fee required.
The following would be compliant as it is applicable to 200 or more items: The Director is authorized to charge any deficiency in fees due under § 1.17(v)(3) to Deposit Account 11-1410.
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 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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. 12,039,685 and in view of claim 15 from which it depends. Although the claims at issue are not identical, they are not patentably distinct from each other as the table below shows that the like lettered elements of claim 22 of the instant application correspond across the column to the like lettered elements of the combination of claims 20 and 15 of patent 12,039,685 and although the claims at issue are not identical, they are not patentably distinct from each other as presented in the table below.
It is clear to one of ordinary skill in the art prior to the effective filing date of the invention that all the elements of the application claim 22 are to be found in patent claim 20 in view of claim 15 as the application claim 22 fully encompasses the combination of patent claims 20 and 15. The difference between the application claim 22 and the patent claim 20, which includes all of the limitations from independent claim 15 from which it depends, lies in the fact that the patent claim includes many more elements and is thus much more specific. Thus, the invention of the of claim 20 of the patent is in effect a “species” of the “generic" invention of the application claim 22. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 22 is anticipated by claim 20 of the patent, it is not patentably distinct from claim 20 of the patent.
Claims 22-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent No. 12,039,685 as the instant application has at least one examined application claim that is not patentably distinct from a reference claim of U.S. Patent No. 12,039,685.
Application 18/352,252
Patent 12,039,685 - Application 17/762,681
22. A method for synchronizing a three-dimensional model of a patient's coronary arteries with an orientation of a medical imaging device, the method implemented by a system of one or more processors and the method comprising:
(a) determining an orientation of a three-dimensional model associated with a patient's coronary arteries that corresponds to an initial configuration of a medical imaging device; and
(b) controlling the medical imaging device via, at least in part, an interactive user interface,
(c) wherein the interactive user interface: presents the three-dimensional model in a first orientation based on the initial configuration,
(d) wherein the first orientation is configured to update based on receipt of user input, and
(e) triggers updates to control of the medical imaging device based on the received user input,
(f) wherein control of the medical imaging device is conditioned on a lock control;
(g) wherein based on the lock control being enabled,
(h) the medical imaging device is controlled to rotate in real-time based on the user input to the three-dimensional model, and
(i) wherein based on the lock control not being enabled,
(j) the three-dimensional model is configured to rotate without causing the medical imaging device to rotate in real-time.
15. A method for synchronizing a three-dimensional model of a patient's coronary arteries with an orientation of a medical imaging device,
the method comprising:
(a) receiving, in a processor from a memory device, a three-dimensional model of a patient's coronary arteries, the three-dimensional model including a centerline through each of the coronary arteries, each centerline including sample points, each sample point along the respective centerline being defined in a three-dimensional coordinate system and being associated with vascular geometric information;
(a) determining, via the processor, an orientation of the three-dimensional model that corresponds to a zero-degree starting position of a medical imaging device;
(d) receiving, in the processor, potential rotational angulation positions of the medical imaging device; determining, via the processor, angular coordinates for the three-dimensional model that correspond to the potential rotational angulation positions of the medical imaging device; storing, to the memory device via the processor, a correlation between the determined angular coordinates for the three-dimensional model and the potential rotational angulation positions of the medical imaging device;
(c) determining, via the processor, a current viewpoint of the three-dimensional model displayed in a user interface; and
(b + e + h) using, via the processor, the current viewpoint of the three-dimensional model (via the user interface) and the correlation between the angular coordinates for the three-dimensional model and the potential rotational angulation positions of the medical imaging device to cause the medical image device to rotate to a corresponding view angle orientation
(f + g) based on a lock control being enabled.
20. The method of claim 15,
(f + i) wherein based on the lock control not being enabled,
(j) movement of the medical imaging device is disregarded thereby enabling the medical imaging device to be rotated without affecting display of the three-dimensional model.
Allowable Subject Matter
Examiner has determined that claims 22-41 overcome all the art of record associated with the parent application and that art deemed available in an updated search conducted for the instant application. Claims 22-41, however, stand rejected as presented above.
Conclusion
The following prior art, made of record, was not relied upon but is considered pertinent to applicant's disclosure:
US 10162932 B2 Method and System for Multi-scale Anatomical and Functional Modeling of Coronary Circulation – A method and system for multi-scale anatomical and functional modeling of coronary circulation is disclosed. A patient-specific anatomical model of coronary arteries and the heart is generated from medical image data of a patient. A multi-scale functional model of coronary circulation is generated based on the patient-specific anatomical model. Blood flow is simulated in at least one stenosis region of at least one coronary artery using the multi-scale function model of coronary circulation. Hemodynamic quantities, such as fractional flow reserve (FFR), are computed to determine a functional assessment of the stenosis, and virtual intervention simulations are performed using the multi-scale function model of coronary circulation for decision support and intervention planning.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD MARTELLO whose telephone number is (571)270-1883. The examiner can normally be reached on M-F from 9AM to 5PM EST.
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/EDWARD MARTELLO/
Primary Examiner, Art Unit 2611