SYSTEMS AND METHODS FOR GENERATING AND DISPLAYING A STUDY OF A STREAM OF IN-VIVO IMAGES

Application No. 18/798,928

• Filed: Aug 09, 2024
• Priority: Oct 19, 2018 — provisional 62/747,786
  • Feb 18, 2019 — provisional 62/807,018
  • May 17, 2019 — provisional 62/849,508
  • Oct 19, 2019 — nonprovisional of PCTIL2019051133
  • Apr 19, 2021 — continuation of 12/059,125
• Examiner: ALAM, FAYYAZ
• Assignee: Given Imaging Ltd.
• OA Round: 1 (Non-Final)

Office Action

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
Applicant’s claim for domestic benefit under 35 U.S.C. 119(e) is acknowledged.

Information Disclosure Statement
The information disclosure statement submitted has been considered by the Examiner and made of record in the application file.

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 2-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12059125. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to arrive at the slightly broader instant claim.

Instant App.
Pat. # 12059125
Comments
2. A method for displaying a study of a capsule endoscopy procedure for a user's review, wherein the capsule endoscopy procedure comprises capturing a stream of in vivo images of at least a portion of interest of a subject's gastrointestinal tract (GIT), the method comprising:
1. A method for displaying a study of a capsule endoscopy procedure for a user's review, wherein the capsule endoscopy procedure comprises capturing a stream of in vivo images of at least a portion of interest of a subject's gastrointestinal tract (GIT), the method comprising using one or more hardware processors for:
Substantially the same recitation.
displaying on a display device a subset of images of the stream of in vivo images for the user's review, wherein the subset of images represents the captured stream of in vivo images, and wherein the subset of images is automatically selected from the stream of in vivo images according to a first selection method;
displaying on a display device a subset of images of the stream of in vivo images for the user's review, wherein the subset of images represents the captured stream of in vivo images, and wherein the subset of images is automatically selected from the stream of in vivo images according to a first selection method;
Substantially the same recitation.
in response to receiving user input selecting a currently displayed image of the subset of images, displaying on the display device one or more additional images corresponding to the currently displayed image of the subset of images, wherein the one or more additional images are automatically selected from the stream of in vivo images according to a second selection method, and wherein the second selection method is based on a relation between images of the stream of in vivo images and the currently displayed image, wherein the relation on which the second selection method is based comprises at least one of: images which are identified to include at least a portion of the same type of feature, or images which are localized adjacently along the at least portion of the subject's GIT;
in response to receiving user input selecting a currently displayed image of the subset of images, displaying on the display device one or more additional images corresponding to the currently displayed image of the subset of images, wherein the one or more additional images are automatically selected from the stream of in vivo images according to a second selection method, and wherein the second selection method is based on a relation between images of the stream of in vivo images and the currently displayed image, wherein the relation on which the second selection method is based comprises images which are identified to include at least a portion of a same feature;
Substantially the same recitation. Slightly broader and obvious “at least one of”.
and generating a report, the report comprising images from the displayed images selected by the user.
and generating a report, the report comprising images from the displayed images selected by the user.
Substantially the same recitation.

Claims 3-18 are obvious over claims 2-22.

Instant App.
Pat. # 12059125
Comments
19. A system for displaying a study of a capsule endoscopy procedure for a user's review, wherein the capsule endoscopy procedure comprises capturing a stream of in-vivo images of at least a portion of interest of a subject's GIT, the system comprising: one or more processors; a memory having stored thereon instructions which, when executed by the one or more processors, cause the system at least to perform:
1. A method for displaying a study of a capsule endoscopy procedure for a user's review, wherein the capsule endoscopy procedure comprises capturing a stream of in vivo images of at least a portion of interest of a subject's gastrointestinal tract (GIT), the method comprising using one or more hardware processors for:
Substantially the same recitation.
displaying on a display device a subset of images of the stream of in vivo images for the user's review, wherein the subset of images represents the captured stream of in vivo images, and wherein the subset of images is automatically selected from the stream of in vivo images according to a first selection method;
displaying on a display device a subset of images of the stream of in vivo images for the user's review, wherein the subset of images represents the captured stream of in vivo images, and wherein the subset of images is automatically selected from the stream of in vivo images according to a first selection method;
Substantially the same recitation.
in response to receiving user input selecting a currently displayed image of the subset of images, displaying on the display device one or more additional images corresponding to the currently displayed image of the subset of images, wherein the one or more additional images are automatically selected from the stream of in vivo images according to a second selection method, and wherein the second selection method is based on a relation between images of the stream of in vivo images and the currently displayed image, wherein the relation on which the second selection method is based comprises at least one of: images which are identified to include at least a portion of the same type of feature, or images which are localized adjacently along the at least portion of the subject's GIT;
in response to receiving user input selecting a currently displayed image of the subset of images, displaying on the display device one or more additional images corresponding to the currently displayed image of the subset of images, wherein the one or more additional images are automatically selected from the stream of in vivo images according to a second selection method, and wherein the second selection method is based on a relation between images of the stream of in vivo images and the currently displayed image, wherein the relation on which the second selection method is based comprises images which are identified to include at least a portion of a same feature;
Substantially the same recitation. Slightly broader and obvious “at least one of”.
and generating a report, the report comprising images from the displayed images selected by the user.
and generating a report, the report comprising images from the displayed images selected by the user.
Substantially the same recitation.

Instant App.
Pat. # 12059125
Comments
20. A non-transitory processor-readable medium storing instructions for displaying a study of a capsule endoscopy procedure for a user's review, wherein the capsule endoscopy procedure comprises capturing a stream of in-vivo images of at least a portion of interest of a subject's GIT, wherein the instructions, when executed by one or more processors of a system, cause the system at least to perform:
1. A method for displaying a study of a capsule endoscopy procedure for a user's review, wherein the capsule endoscopy procedure comprises capturing a stream of in vivo images of at least a portion of interest of a subject's gastrointestinal tract (GIT), the method comprising using one or more hardware processors for:
Substantially the same recitation.
displaying on a display device a subset of images of the stream of in vivo images for the user's review, wherein the subset of images represents the captured stream of in vivo images, and wherein the subset of images is automatically selected from the stream of in vivo images according to a first selection method;
displaying on a display device a subset of images of the stream of in vivo images for the user's review, wherein the subset of images represents the captured stream of in vivo images, and wherein the subset of images is automatically selected from the stream of in vivo images according to a first selection method;
Substantially the same recitation.
in response to receiving user input selecting a currently displayed image of the subset of images, displaying on the display device one or more additional images corresponding to the currently displayed image of the subset of images, wherein the one or more additional images are automatically selected from the stream of in vivo images according to a second selection method, and wherein the second selection method is based on a relation between images of the stream of in vivo images and the currently displayed image, wherein the relation on which the second selection method is based comprises at least one of: images which are identified to include at least a portion of the same type of feature, or images which are localized adjacently along the at least portion of the subject's GIT;
in response to receiving user input selecting a currently displayed image of the subset of images, displaying on the display device one or more additional images corresponding to the currently displayed image of the subset of images, wherein the one or more additional images are automatically selected from the stream of in vivo images according to a second selection method, and wherein the second selection method is based on a relation between images of the stream of in vivo images and the currently displayed image, wherein the relation on which the second selection method is based comprises images which are identified to include at least a portion of a same feature;
Substantially the same recitation. Slightly broader and obvious “at least one of”.
and generating a report, the report comprising images from the displayed images selected by the user.
and generating a report, the report comprising images from the displayed images selected by the user.
Substantially the same recitation.

Allowable Subject Matter
Claims 2-20 are allowable over prior art.

Conclusion
Any response to this Office Action should be faxed to [phone] or mailed to:
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

Hand-delivered responses should be brought to
Customer Service Window
Randolph Building
401 Dulany Street
Alexandria, VA 22314

Any inquiry concerning this communication or earlier communications from the
Examiner should be directed to Fayyaz Alam whose telephone number is [phone]. The Examiner can normally be reached on Monday-Friday from 9:30am to 7:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Jeanette Parker can be reached on [phone]. The fax phone number for the organization where this application or proceeding is assigned is [phone].
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free) or 703-305-3028.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist/customer service whose telephone number is [phone].

Fayyaz Alam

May 30, 2026

/FAYYAZ ALAM/
Primary Examiner, Art Unit 2674

Prosecution Timeline

• Aug 09, 2024: Application Filed
• Jun 03, 2026: Non-Final Rejection mailed — §DP (current)