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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1 and 12-13 (the apparatus), 14-18 (the system), and 19-20 (the method) are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 12 and 14-15 (the apparatus), 16-20 (the system), and 1-2 (the method), respectively, of prior U.S. Patent No. 12,140,588. This is a statutory double patenting rejection.
Allowable Subject Matter
Claims 2-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05 November 2024 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement has been considered by the examiner. The relevance of the cited document(s) can be found in Parent Application no. 17/830,729.
Cited Art
The prior art and other references made of record and not relied upon are considered pertinent to applicant's disclosure.
Yamada (US 20100104169 A1) discloses a specimen processing system comprising: a blood cell counting apparatus; and a blood cell image classifying apparatus, wherein the blood cell image classifying apparatus comprises a controller to carry out operations, comprising: receiving a plurality of first count results of a predetermined type of the blood cell by the blood cell counting apparatus; obtaining a plurality of second count results of the predetermined type of the blood cell on the basis of the blood cell image; storing the plurality of the first count results and the second count results; reading at least one of the first count results, and at least one of the second count results obtained from a blood specimen corresponding to the first count result; generating and outputting a quality control screen on the basis of the read first count result and the read second count result. A blood cell image classifying apparatus is also disclosed.
Cruz, Dela et al (“Determination of Blood Components (WBCs, RBCs, and Platelets) Count in Microscopic Images Using Image Processing and Analysis”) disclose a raspberry-pi based image analysis system that is designed to segment and count blood cells from microscopic images of blood using Hue, Saturation, and Value (HSV) thresholding method and connected component labeling, respectively. Detection and counting of RBCs, WBCs, and Platelets have been done on ten microscopic images. Statistical analysis was performed to compare the values measured by the proposed system to the actual complete blood count test result of each patient. It shows that the proposed system has a 90% and up accuracy with respect to the actual CBC tests result. In addition, an android application was also developed to aid the user, especially those who are in rural areas, in assessing the number of blood cells, and to send the results from GUI to a doctor or specialist through short message service (SMS) for remote diagnosis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott Rogers whose telephone number is 571-272-7467. The examiner can normally be reached 8 am to 7 pm flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abderrahim Merouan can be reached on 571-270-5254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Scott A Rogers/
Primary Examiner, Art Unit 2683
10 July 2026
Prosecution Insights