Part III DETAILED ACTION
1. The present application is being examined under the pre-AIA first to invent provisions. This application has been examined. Claims 14-18 and 29-43 are pending in this application.
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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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.
2. Claims 14-18 and 29-43 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,146,933. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 14-18 and 29-43 of the instant application are clearly anticipated recited by the limitations of claims 1-19 of ‘933. e.g. Limitations of claim 14 are covered by the limitations of claim 1 of ‘933,.The differences between claim 14 of the instant application and claims 1 of ‘933, are features: “least half the medical images” of the instant application is equal to the “first location” of claim 1 of ‘933 and the “comparing” of claim 14 of the instant application is equal to the “determining of plurality of difference” of claim 1 of ‘933. It appears that added features between the instant application and ‘933 and patent ‘933 are equivalent in scope, both are drawn to perform motion correction. It would have been obvious to one of ordinary skill in the art at the time of the invention to interchange the features of claims 1 of '933 with the features of claim 14 of the instant application, since both features are equivalent in scope and drawn to the same invention. With regard to the limitations of claims 15-18 and 29-43 are covered by the limitation of claims 1-19 of ‘933.
3. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Levy (2017/0358095) teaches a motion tracking during non-invasive.
Shanbhang et al. (WO2015/164687A1) teaches a system and method for evaluating motion
correction in dynamic medical images.
4. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Gabriel I. Garcia whose telephone number is (571)
272-7434. The examiner can normally be reached Monday-Thursday from 7:30 AM-6:00 PM.. The fax
phone number for this group is (571) 273-8600.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Benny Tieu can be reached on (571) 272-7490. The fax phone
number for the organization where this application or proceeding is assigned is 571-
273-8300.
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Any inquiry of a general nature or relating to the status of this application should be
directed to the Group receptionist whose telephone number is (571) 272-2600.
/Gabriel I Garcia/
Primary Examiner, Art Unit 2682
August 27, 2026
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