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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 2/15/2025 & 11/15/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. US 12,070,577 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the cited patent teaches all of the features of the present pending claims.
Regarding claims 1 US 12,070,577 B2 discloses determine an actual flow rate for the fluid during a specified time interval of a fluid delivery procedure based on a change in pressure generated by at least one drive component of the fluid injector during the fluid delivery procedure and measured by at least one sensor over the specified time interval; determine, with a control device operatively associated with the at least one drive component of the fluid injector, a deviation of the actual flow rate from the programmed flow rate over the specified time interval; and calculate, with the control device, a new programmed flow rate for a subsequent time interval after the specified time interval based on the programmed flow rate and the deviation of the actual flow rate from the programmed flow rate over the specified time interval. [Claims 1 & 12]
Regarding claims 2, 16 & 19 US 12,070,577 B2 discloses one or more instructions that, when executed by the at least one processor, cause the at least one processor to compare, with the control device, a maximum allowable deviation to the deviation of the actual flow rate from the programmed flow rate over the specified time interval to determine a flow rate correction, and calculate, with the control device, the new programmed flow rate for the subsequent time interval after the specified time interval based on the programmed flow rate and the flow rate correction. [Claim 2]
Regarding claim 3 US 12,070,577 B2 discloses the deviation of the actual flow rate from the programmed flow rate is limited by predetermined bounds. [Claims 1-22]
Regarding claims 4, 17 & 20 US 12,070,577 B2 discloses the flow rate correction is equal to the maximum allowable deviation if the deviation of the actual flow rate from the programmed flow rate is greater than the maximum allowable deviation. [Claim 3]
Regarding claim 5 US 12,070,577 B2 discloses a difference between the deviation of the actual flow rate from the programmed flow rate and the maximum allowable deviation is stored as a buffer deviation for use in determining a new flow rate correction in one or more subsequent time intervals after the second time interval. [Claim 4]
Regarding claim 6 US 12,070,577 B2 discloses the flow rate correction is equal to the actual flow rate if the deviation of the actual flow rate from the programmed flow rate is less than or equal to the maximum allowable deviation. [Claim 5]
Regarding claim 7 US 12,070,577 B2 discloses the control device is configured to use a machine learning model designed to receive, as an input, data associated with the fluid injection procedure, and provide, as an output, instructions to drive the one or more drive components to deliver a desired volume of fluid at the programmed flow rate. [Claims 6 & 17]
Regarding claim 8 US 12,070,577 B2 B2 discloses measuring a first pressure using the at least one sensor at a beginning of the specified time interval and measuring a second pressure using the at least one sensor at an end of the specified time interval and converting the first pressure and the second pressure to a change in pressure corresponding to the actual flow rate during the specified time interval. [Claim 7]
Regarding claim 9 US 12,070,577 B2 discloses the change in pressure is based on a difference between the second pressure and the first pressure, and at least one scaling factor that is determined by one or more features of the fluid injector. [Claim 8]
Regarding claim 10 US 12,070,577 B2 discloses at least one sensor is a force sensor configured for measuring a force output of the at least one drive component. [Claims 1-22]
Regarding claim 11 US 12,070,577 B2 discloses the at least one sensor is a pressure sensor associated with a fluid reservoir or a fluid path component of the fluid injector. [Claims 1-22]
Regarding claim 12 US 12,070,577 B2 discloses the flow rate correction for each subsequent time interval is based on a difference between the maximum allowable deviation and the deviation of the actual flow rate from the new programmed flow rate over each subsequent time interval, and a buffer deviation from at least one previous time interval. [Claim 9]
Regarding claim 13 US 12,070,577 B2 discloses repeating the method steps for each subsequent time interval in the fluid injection procedure, wherein the new programmed flow rate is used as the programmed flow rate. [Claim 10]
Regarding claim 14 US 12,070,577 B2 delivering the fluid at the new programmed flow rate in the subsequent time interval. [Claim 11]
Regarding claim 15 US 12,070,577 B2 discloses a control device operatively associated with the at least one drive component of the fluid injector, the control device including at least one processor programmed or configured to perform an operation comprising: determining an actual flow rate during a specified time interval of the fluid delivery procedure based on a change in pressure measured by at least one sensor of a fluid injector of the fluid injector system over the specified time interval, wherein the pressure is generated by at least one drive component of the fluid injector; determining a deviation of the actual flow rate from the programmed flow rate over the specified time interval; calculating a new programmed flow rate for a subsequent time interval after the specified time interval based on the programmed flow rate and the deviation of the actual flow rate from the programmed flow rate over the specified time interval; repeating the determining and calculating steps for each subsequent time interval in the fluid injection procedure, wherein the new programmed flow rate is used as the programmed flow rate; and delivering the fluid at the new programmed flow rate in the subsequent time interval. [Claims 1 & 12]
Regarding claim 18 US 12,070,577 B2 discloses storing, in a memory device, a programmed flow rate for the fluid to be delivered and a maximum allowable deviation in the programmed flow rate during a fluid delivery procedure using a fluid injector; measuring, using at least one sensor, a pressure of the at least one fluid generated by at least one drive component of the fluid injector during execution of the fluid delivery procedure; determining, with a control device comprising at least one processor, an actual flow rate during a specified time interval of the fluid delivery procedure based on a change in pressure measured by the at least one sensor over the specified time interval; determining, with the control device, a deviation of the actual flow rate from the programmed flow rate over the specified time interval; and calculating, with the control device, a new programmed flow rate for a subsequent time interval after the specified time interval based on the programmed flow rate and the deviation of the actual flow rate from the programmed flow rate over the specified time interval repeating the determining and calculating steps for each subsequent time interval in the fluid injection procedure, wherein the new programmed flow rate is used as the programmed flow rate; and delivering the fluid at the new programmed flow rate in the subsequent time interval. [Claim 12]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE J ALLEN whose telephone number is (571)272-2174. The examiner can normally be reached Mon-Fri. 9am-5PM.
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/ANDRE J ALLEN/Primary Examiner, Art Unit 2855
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