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
This application makes reference to or appears to claim subject matter disclosed in Application No. 17/798,848, filed august 10, 2022. If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. If the application was filed before September 16, 2012, the specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76; if the application was filed on or after September 16, 2012, the specific reference must be included in an ADS in compliance with 37 CFR 1.76. For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.
If the instant application is a utility or plant application filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. If the application is a national stage application under 35 U.S.C. 371, the specific reference must be submitted during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application. See 37 CFR 1.78(a)(4) for benefit claims under 35 U.S.C. 119(e) and 37 CFR 1.78(d)(3) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c). This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c). A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)). The petition must be accompanied by (1) the reference required by 35 U.S.C. 120 or 119(e) and by 37 CFR 1.78 to the prior application (unless previously submitted), (2) the applicable petition fee under 37 CFR 1.17(m)(1) or (2), and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m)(1) or (2) are not required. Applicant is still required to submit the reference in compliance with 37 CFR 1.78 by filing an ADS in compliance with 37 CFR 1.76 with the reference (or, if the application was filed before September 16, 2012, by filing either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76). See MPEP § 211.02.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6, 10, 13-17, 19, 28, 20, 31 and 33 of U.S. Patent No.12,127,872 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
With respect to claim 1, the patented claims 1 and 13 claim a method comprising: receiving volumetric density information about a target sample; detecting a location and/or an angle of a sectioning tool relative to the target sample; and providing, on a display, a visual indication of the volumetric density information and an indication of the detected location and/or angle of the sectioning tool relative to the volumetric density information.
With respect to claim 2, the patented claims 1, 3 and 13 claim the method of claim 1, further comprising: determining, based on the volumetric density information, a location of at least one region of interest within the target sample, wherein providing the visual indication of the volumetric density information comprises providing an indication of the location of the at least one region of interest within the target sample.
With respect to claim 3, the patented claims 1-3 and 13 claim the method of claim 2, wherein determining the location of at least one region of interest within the target sample comprises determining, based on the volumetric density information, a location of at least one of: a staple, a tumor, a wire, an accumulation of a contrast agent, a duct, a blood vessel, or a calcification.
With respect to claim 4, the patented claims 1-3, 6 and 13 claim the method of claim 2, wherein determining the location of at least one region of interest within the target sample comprises: determining, based on the volumetric density information, an outer surface of the target sample; determining, based on the volumetric density information, a segmentation map of one or more volumes of interest within the target sample; and based on the determined outer surface of the target sample and the determined segmentation map, determining a segmentation surface color coding for the segmentation map that color-codes a plurality of points on a surface of the segmentation map according to their respective distances to respective nearest points on the determined outer surface of the target sample, wherein providing the indication of the location of the at least one region of interest within the target sample comprises providing an indication of location the segmentation map within the target sample and with the segmentation map colored according to the determined segmentation surface color coding.
With respect to claim 5, the patented claims 1, 6 and 13 claim the method of claim 1, further comprising: receiving a location and/or an angle, relative to the target sample, of a target section through the target sample, wherein providing the indication of the location of the at least one region of interest within the target sample comprises providing an indication of the received location and/or angle of the target section within the target sample.
With respect to claim 6, the patented claims 1, 6 and 13 claim the method of claim 5, further comprising: providing, on the display, a two-dimensional visual depiction of the volumetric density information along the target section through the target sample.
With respect to claim 7, the patented claims 1, 6, 10 and 13 claim the method of claim 6, further comprising: based on the volumetric density information, determining a cross-sectional color coding for the target section that color-codes a plurality of points across the target section based on the density of respective proximate portions of the volumetric density information, wherein providing, on the display, the two-dimensional visual depiction of the volumetric density information along the target section through the target sample comprises providing, on the display, a cross-sectional view of the of the target sample along the target section with the cross-sectional view colored according to the determined cross-sectional color coding.
With respect to claim 8, the patented claims 1, 6 and 13 claim the method of claim 5, wherein receiving the location and/or angle, relative to the target sample, of the target section through the target sample comprises: receiving, from a user interface, an indication of a location and/or an angle of the target section relative to the visual indication of the volumetric density information.
With respect to claim 9, the patented claims 1, 6 and 13 claims the method of claim 5, wherein receiving the location and/or angle, relative to the target sample, of the target section through the target sample comprises determining, by a controller, the location and/or angle based on the volumetric density information.
With respect to claim 10, the patented claims 1, 6 and 13 claim the method of claim 9, wherein receiving the location and/or angle, relative to the target sample, of the target section through the target sample further comprises: providing, on the display, a visual indication of the volumetric density information and of the location and/or angle of the target section relative to the visual indication of the volumetric density information; and receiving, from a user interface, an indication of an update to the location and/or angle of the target section relative to the visual indication of the volumetric density information.
With respect to claim 11, the patented claims 1, 6, 13 and 15 claim the method of claim 9, wherein determining, by the controller, the location and/or angle based on the volumetric density information comprises: determining, based on the volumetric density information, a segmentation map of one or more volumes of interest within the target sample; and determining the location and/or angle of the target section through the target sample such that the target section passes through a section of the segmentation map having at least one of an increased area or an increased greatest dimension relative to an alternative section of the segmentation map.
With respect to claim 12, the patented claims 1, 13 and 14 claim the method of claim 1, wherein detecting the location and/or angle, relative to the target sample, of the sectioning tool comprises detecting both of a location and an angle of the sectioning tool relative to the target sample.
With respect to claim 13, the patented claims 1, 13 and 15 claim the method of claim 1, wherein receiving volumetric density information about the target sample comprises causing a micro-CT imager to generate the volumetric density information, wherein the micro-CT imager comprises an X-ray source, an X-ray imager, and a sample receptacle configured to contain the target sample, wherein the X-ray source and the X-ray imager define a field of view, and wherein causing the micro-CT imager to generate the volumetric density information comprises rotating the sample receptacle and causing the X-ray source and the X-ray imager to generate a plurality of X-ray images of the target sample.
With respect to claim 14, the patented claims 1, 13, 15 and 16 claims the method of claim 13, wherein detecting the location and/or angle of the sectioning tool relative to the target sample comprises detecting the location and/or angle of the sectioning tool relative to the target sample while the target sample is located within the micro-CT imager.
With respect to claim 15, the patented claims 1, 13, 15 and 17 claim the method of claim 13 wherein the sample receptacle is removable from the micro-CT imager, wherein the sample receptacle comprises a fiducial, and wherein the method further comprises: determining, based on the volumetric density information, a location of the fiducial within the volumetric density information.
With respect to claim 16, the patented claims 19 and 29 claim a non-transitory computer-readable medium having stored thereon program instructions that upon execution by a processor, cause performance of a set of acts comprising: receiving volumetric density information about a target sample; detecting a location and/or an angle of a sectioning tool relative to the target sample; and providing, on a display, a visual indication of the volumetric density information and an indication of the detected location and/or angle of the sectioning tool relative to the volumetric density information.
With respect to claim 17, the patented claims 19, 29 and 31 claim the non-transitory computer-readable medium of claim 15, wherein the set of acts further comprises: receiving a location and/or an angle, relative to the target sample, of a target section through the target sample, wherein providing the indication of the location of the at least one region of interest within the target sample comprises providing an indication of the received location and/or angle of the target section within the target sample.
With respect to claim 18, the patented claims 19, 29 and 31 claim the non-transitory computer-readable medium of claim 17, wherein receiving the location and/or angle, relative to the target sample, of the target section through the target sample comprises determining, by a controller, the location and/or angle based on the volumetric density information by: determining, based on the volumetric density information, a segmentation map of one or more volumes of interest within the target sample; and determining the location and/or angle of the target section through the target sample such that the target section passes through a section of the segmentation map having at least one of an increased area or an increased greatest dimension relative to an alternative section of the segmentation map.
With respect to claim 19, the patented claims 19, 29 and 31 claim the non-transitory computer-readable medium of claim 16, wherein detecting the location and/or angle, relative to the target sample, of the sectioning tool comprises detecting both of a location and an angle of the sectioning tool relative to the target sample.
With respect to claim 20, the patented claims 19, 28 and 33 claim the non-transitory computer-readable medium of claim 16, wherein receiving volumetric density information about the target sample comprises causing a micro-CT imager to generate the volumetric density information, wherein the micro-CT imager comprises an X-ray source, an X-ray imager, and a sample receptacle configured to contain the target sample, wherein the X-ray source and the X-ray imager define a field of view, wherein causing the micro-CT imager to generate the volumetric density information comprises rotating the sample receptacle and causing the X-ray source and the X-ray imager to generate a plurality of X-ray images of the target sample, and wherein detecting the location and/or angle of the sectioning tool relative to the target sample comprises detecting the location and/or angle of the sectioning tool relative to the target sample while the target sample is located within the micro-CT imager.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IRAKLI KIKNADZE whose telephone number is (571)272-6494. The examiner can normally be reached 9:00 AM - 6:00 PM.
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Irakli Kiknadze
/IRAKLI KIKNADZE/
Primary Examiner, Art Unit 2884
/I.K./ June 17, 2026
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