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 .
Claim Objections
Claims 1, 9, and 17 are objected to because of the following informalities:
Claim 1, line 9, “the one or medical” should be replaced with --the one or more medical--.
Claim 9, line 8, “the one or medical” should be replaced with --the one or more medical--.
Claim 17, line 9, “the one or medical” should be replaced with --the one or more medical--.
Appropriate correction is required.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-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 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,131,472, claims 1-15 of U.S. Patent No. 12,136,214, and claims 1-70 of U.S. Patent No. 10,176,408. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claims is substantially similar and recites similar limitations.
For example, claim 1 of the present application recites “receive”, “utilize”, “utilize”, and “output” steps which are similar the patented claim 1, thereby encompassing the present application's limitations.
The prior art does not appear to teach or make obvious the subject matter of the claims.
However, the claim objections and the nonstatutory double patenting rejection must be overcome.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The prior art made of record and considered pertinent to the applicant's disclosure, taken individually or in combination, does not teach the claimed invention having the following limitations, in combination with the remaining claimed limitations.
Regarding independent claims 1, 9, and 17, the closest prior art does not teach or suggest the claimed invention having “receive a set of medical imaging data of cardiovascular vessels; utilize a first machine learned algorithm to characterize a set of biological properties in the cardiovascular vessels, wherein the first machine learned algorithm is trained on data including imaging data of carotid vessels; utilize a second machine learned algorithm to identify one or more medical conditions based on the characterization of the set of biological properties; and output the set of biological properties, the identification of the one or medical conditions, or both”, and a combination of other limitations thereof as recited in the claims.
Regarding dependent claims 2-8, 10-16, and 18-20, the claims have been found allowable due to its dependencies to claims 1, 9, and 17 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN D HUYNH whose telephone number is (571)270-1937. The examiner can normally be reached 8AM-6PM.
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/VAN D HUYNH/Primary Examiner, Art Unit 2665
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