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 1-2 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 18/953,972.
This is a statutory double patenting rejection.
Below, a tabular comparison:
Application 18/953,972
US patent 12,190,616
1.A method, comprising: acquiring a light-microscope image which images a multiplicity of cells, adapting a size of the light-microscope image, such that a size of a predefined cell structure of the multiplicity of cells corresponds to a predefined reference value, and determining an estimation of at least one of a number or a confluency of the cells on the basis of the light-microscope image. 2. The method as claimed in claim 1, furthermore comprising: using a first machine-learned algorithm, which executes said adapting of the size of the light-microscope image, by means of an image-to-image transformation on the basis of the light-microscope image.
1. A method, comprising: acquiring a light-microscope image which images a multiplicity of cells, adapting a size of the light-microscope image, such that a size of a predefined cell structure of the multiplicity of cells corresponds to a predefined reference value, after adapting the size: determining an estimation of at least one of a number or a confluency of the cells on the basis of the light-microscope image, and using a first machine-learned algorithm, which adapts the size of the light-microscope image by means of an image-to-image transformation on the basis of the light-microscope image.
Claims 3-27 are rejected based on the same analysis as well as their dependency upon a rejected base claim.
Prior Art of record
The Prior Art which are pertinent to Applicant’s invention but were not relied upon:
Banju et al. (USPAP 2018/0312,803), shows a similar system, in which, acquiring a light-microscope image which images a multiplicity of cells; adapting a size of the light-microscope image, such that a size of a predefined cell structure of the multiplicity of cells corresponds to a predefined reference value (Please note, paragraph 0065. As indicated the size of the nucleus of a nucleated cell means the average value of the lengths of the nuclei of plural nucleated cells that is acquired when the nucleated cells are arranged in a liquid and are observed using a microscope and the longest line of lines each connecting optional two points on the outer circumference of the nucleus of the nucleated cell is defined as the length of the nucleus.).
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/AMIR ALAVI/Primary Examiner, Art Unit 2668 Tuesday, September 8, 2026
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