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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/18/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 29 and 39 are objected to because of the following informalities: claims 29 and 39 require a period mark at the end of the claims (currently they are ending with comma). Appropriate correction is required and respectfully requested.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4, 5, 7-11, 13, 14, 16 and 17 of U.S. Patent No. 12,181,422. Although the claims at issue are not identical, they are not patentably distinct from each other because:
With respect to claim 21, the patented claim 1 claims a method that provides user with a non-transient computer readable medium comprising a plurality of programmatic instructions that, when executed by at least one processor, detects at least one object of interest in X- ray image by: receiving digitized signals representing pixels of X-ray image data or millimeter wave image data; generating at least one value for each pixel of said pixels; inputting the at least one value for each pixel of said pixels into a neural network; receiving, from the neural network, a probability value for each of pixel of said pixels, wherein the probability value is indicative of a likelihood of association with a potential threat; and classifying each pixel of the pixels into at least a first classification or a second classification based on whether the probability value for said pixel being classified exceeds or does not exceed a predetermined threshold probability value.
With respect to claim 22, the patented claim 2 claims the method that provides user with the non-transient computer readable medium of claim 21, wherein the at least one value is an attenuation value.
With respect to claim 23, the patented claim 7 claims the method that provides user with the non-transient computer readable medium of claim 21, wherein the neural network comprises a convolutional neural network.
With respect to claim 24, the patented claim 8 claims the method that provides user with the non-transient computer readable medium of claim 23, wherein the convolutional neural network comprises a fully convolutional Densenet architecture trained by backpropagation on labeled X-ray images expressed in an attenuation scale.
With respect to claim 25, the patented claim 9 claims the method that provides user with the non-transient computer readable medium of claim 24, wherein at least a portion of the labeled X-ray images are labeled raw, dual-energy X-ray images.
With respect to claim 26, the patented claim 2 claims the method that provides user with the non-transient computer readable medium of claim 21, further comprising a plurality of programmatic instructions that, when executed by the at least one processor, generate the at least one value for each pixel of the pixels by determining a transmittance value for each pixel of said pixels and deriving an attenuation value from each of the determined transmittance values.
With respect to claim 27, the patented claim 1 claims the method that provides user with the non-transient computer readable medium of claim 21, further comprising a plurality of programmatic instructions that, when executed by the at least one processor, generate a probability map representing the probability value for each pixel of the pixels.
With respect to claim 28, the patented claim 4 claims the method that provides user with the non-transient computer readable medium of claim 27, further comprising a plurality of programmatic instructions that, when executed by the at least one processor, generate a color-mapped image based on the probability map, wherein the color-mapped image comprises pixels classified in the first classification in a first color scheme and pixels classified in the second classification in a second color scheme.
With respect to claim 29, the patented claims 2 and 5 claim the method that provides user with the non-transient computer readable medium of claim 27, further comprising a plurality of programmatic instructions that, when executed by the at least one processor, generate a classification image based on the probability map, wherein the classification image comprises pixels classified in the first classification using at least one of a first flashing, a first shifting hue or a first shifting luma and pixels classified in the second classification using at least one of a second flashing, a second shifting hue or a second shifting luma, and wherein the first flashing, the first shifting hue and the first shifting luma is different from the second flashing, the second shifting hue and the second shifting luma.
With respect to claim 30, the patented claim 1 claims the method that provides user with the non-transient computer readable medium of claim 21, wherein the X-ray image comprises raw X-ray image data.
With respect to claim 31, the patented claim 10 claims a system for detecting at least one object of interest in at least one X-ray image or millimeter wave image, the system comprising at least one processor configured to: receive digitized signals representing pixels of X-ray image data; generate at least one value for each pixel of the pixels; input the at least one value for each pixel of said pixels into a neural network; receive, from the neural network, a probability value for each of pixel of said pixels, wherein the probability value is indicative of a likelihood of association with a potential threat; and classify each pixel of the pixels into at least a first classification or a second classification based on whether the probability value for the pixel being classified exceeds or does not exceed a predetermined threshold probability value.
With respect to claim 32, the patented claim 11 claims the system of claim 31, wherein the at least one value is an attenuation value.
With respect to claim 33, the patented claim 16 claims the system of claim 31, wherein the neural network comprises a convolutional neural network.
With respect to claim 34, the patented claim 17 claims the system of claim 33, wherein the convolutional neural network comprises a fully convolutional Densenet architecture trained by backpropagation on labeled X-ray images expressed in an attenuation scale.
With respect to claim 35, the patented claims 1 and 9 claim the method that provides user with the system of claim 34, wherein at least a portion of the labeled X-ray images are labeled, raw, dual-energy X-ray images.
With respect to claim 36, the patented claim 11 claims the system of claim 31, wherein the at least one processor is further configured to generate the at least one value for each pixel of said pixels by determining a transmittance value for each pixel of said pixels and deriving an attenuation value from each of said determined transmittance values.
With respect to claim 37, the patented claim 11 claims a method that provides user with the system of claim 31, wherein the at least one processor is further configured to generate a probability map representing the probability value for each pixel of the pixels.
With respect to claim 38, the patented claim 13 claims the system of claim 31, wherein the at least one processor is further configured to generate a color-mapped image based on the probability map, wherein the color-mapped image comprises pixels classified in the first classification in a first color scheme and pixels classified in the second classification in a second color scheme.
With respect to claim 39, the patented claim 14 claims the system of claim 37, wherein the at least one processor is further configured to generate a classification image based on the probability map, wherein the classification image comprises pixels classified in the first classification using at least one of a first flashing, a first shifting hue or a first shifting luma and pixels classified in the second classification using at least one of a second flashing, a second shifting hue or a second shifting luma, and wherein the first flashing, the first shifting hue and the first shifting luma is different from the second flashing, the second shifting hue and the second shifting luma.
With respect to claim 40, the patented claim 10 claims the system of claim 31, wherein the at least one X-ray image comprises raw X-ray image data.
Conclusion
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Irakli Kiknadze
/IRAKLI KIKNADZE/
Primary Examiner, Art Unit 2884
/I.K./ June 20, 2026
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