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 .
DETAILED ACTION
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 12/12/2024 has been considered by Examiner and made of record in the application file.
Double Patenting
2. 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 e Terminal Disclaimer may be filled out completely online using web-screens. An e Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
3. Claims 1, 15 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 15 and 18 of U.S. Patent No. 12,283,365 in view of Annen et al. (U.S PAT. 12,143,407 hereinafter, “Annen”). Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations are transparently found in the U.S. Patent No. 12,283,365 with obvious wording variations as shown in the following table.
U.S. Patent No. 12,283,365
U.S Application No. 18/911,076
1. A method for anomaly detection, comprising: receiving, by an image processing system, an image of a tissue sample; generating, by the image processing system, a set of tiles of the image of the tissue sample; inputting, by the image processing system, the set of tiles into an anomaly detection model, the anomaly detection model comprising: a generator model comprising functional skip-connections; and a Markovian discriminator model; wherein the anomaly detection model was trained to isolate a feature space of normal tissue samples; computing, by the image processing system, anomaly scores for the set of tiles; and generating, by the image processing system and based on the anomaly scores for the set of tiles, an assessment for the image of the tissue sample, wherein the assessment identifies the image of the tissue sample as including abnormal tissue.
1. A method for anomaly detection, comprising: receiving, by an image processing system, an image of a tissue sample; generating, by the image processing system, a set of tiles of the image of the tissue sample; inputting, by the image processing system, the set of tiles into an anomaly detection model, the anomaly detection model comprising: a deep learning neural network; and/or a UNet-based generator network; wherein the anomaly detection model is trained to isolate a feature space of normal tissue samples; computing, by the image processing system, anomaly scores for the set of tiles; and generating, by the image processing system and based on the anomaly scores for the set of tiles, an assessment for the image of the tissue sample, wherein the assessment identifies the image of the tissue sample as including abnormal tissue.
Consider claims 1, 15 and 18, U.S. Patent No. 12,283,365 does not explicitly disclose the anomaly detection model comprising: a deep learning neural network; and/or a UNet-based generator network. Annen teaches in the same field of endeavor the anomaly detection model comprising: a deep learning neural network; and/or a UNet-based generator network (col. 23, lines 20-35). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify U.S. Patent No. 12,283,365 in view of Annen to incorporate the anomaly detection model comprising: a deep learning neural network; and/or a UNet-based generator network to provide leverage machine learning to detect anomalies and ransomware on data backups with little or no impact on production systems.
U.S. Patent No. 12,283,365 Application No. 18/911,076
2-5, 7, 6, 8-10, 13, 11, 12, 14, 16-17 2-5, 6, 7, 8-10, 11, 12, 13, 14,16-17
and 19-20. and 19-20.
Conclusion
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/TUAN H NGUYEN/Primary Examiner, Art Unit 2649
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