Prosecution Insights
Last updated: August 17, 2026
Application No. 18/982,684

Generating synthetic images

Non-Final OA §102
Filed
Dec 16, 2024
Priority
Dec 18, 2023 — EU 23217696.6
Examiner
CRADDOCK, ROBERT J
Art Unit
Tech Center
Assignee
Bayer Aktiengesellschaft
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
537 granted / 639 resolved
+24.0% vs TC avg
Moderate +14% lift
Without
With
+14.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
16 currently pending
Career history
659
Total Applications
across all art units

Statute-Specific Performance

§101
11.4%
-28.6% vs TC avg
§103
43.6%
+3.6% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 639 resolved cases

Office Action

§102
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 . Allowable Subject Matter Claim 18 is allowed. Claims 2 and 7 – 16 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. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 2-6, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (Improving reproducibility and performance of radiomics in low-dose CT using cycle GANs) as cited in an IDS. Regarding claim 1, Chen teaches a computer-implemented method comprising (See page 1, “methods and Materials” for method, page 1 under KEYWORDS, “computed topography”. Also said another way, paper is also directed to a computer implemented method.): providing a machine learning model, wherein the machine learning model is configured to generate a synthetic 2D image based on input data and parameters of the machine learning model; providing training data, wherein the training data comprises, for each examination object of a plurality of examination objects, (i) input data and (ii) target data, wherein the input data comprises one or more stacks of 2D images, wherein each stack represents a 3D examination region of the examination object, wherein each 2D image represents a slice of the 3D examination region, wherein the target data comprises a stack of 2D target images, wherein the stack of 2D target images represents the 3D examination region of the examination object, wherein each 2D target image represents a slice of the 3D examination region (The GAN is trained using sets ("stacks') of input and target images representing slices of a 3D examination region of an examination object (the lung) section 2.2, “Randomly chosen samples from two domains are fed to the networks in training a cycle GAN. However, as mentioned in the original cycle GAN article,41 the training will be more successful and stable when focusing on pairs of visually similar images. In the case of CT scans, assuming all scans belong to the same organ (the lung in our case),we can expect that images belonging to the same slice number will be more similar to each other than images from different slices. Hence, the first slice of a low-dose CT scan will have higher similarity with the first slice of a high-dose CT scan. Therefore, CT-based cycle GAN training should be fed with pairs of the same (randomly chosen) slice rather than images of different slices. This could be seen as weakly supervised learning. We call this strategy slice-paired training strategy hereafter, a similar training strategy can be found in literature.”); training the machine learning model, wherein the training comprises, for each examination object of the plurality of examination objects: unorderedly selecting a slice of the 3D examination region; inputting the 2D images of the input data representing the selected slice into the machine learning model; receiving a synthetic 2D image representing the selected slice as an output of the machine learning model; reducing deviations between the synthetic 2D image and the 2D target image representing the selected slice by modifying model parameters; and repeating the above training steps until synthetic 2D images have been generated for a pre-defined portion of the 3D examination region (The training of the GAN minimizes a deviation between synthetic/predicted and real target images see section 2.1. In order to accelerate training convergence (See abstract), the method of Chen employs a slice-paired training strategy, which uses pairs of the same randomly chosen ( "unorderedly selected”) input/target slice rather than images of different slices section 2.2. It is implied that the process is repeated for several of these randomly selected slices within a 3D examination region.); and outputting and/or storing the trained machine learning model and/or transferring the trained machine learning model to a separate computer system and/or using the trained machine learning model to generate one or more synthetic images of one or more new examination objects (See Fig. 6, & Fig. 6 explanation, “Example of RIDER denoising. (a-1) One original image from RIDER; (b-1) image denoised by EDN (Training at 100 epochs);(c-1) image denoised by CGAN (training at 100 epochs); (d-1) image denoised by cycle GAN trained on simulated data (100 epochs); (e-1)image denoised by cycle GAN trained on real data (100 epochs); (a-2) to (e-2) zoomed ROIs for (a-1) to (e-1).” See page 10 col. 2 3.3 – page 11 before 3.4). Regarding claim 3, Chen teaches the method of claim 1, wherein each examination object is a mammal, and the examination region is a part of the examination object (See page 13 4 Discussion, notes the region is a human body.). Regarding claim 4, Chen teaches the method of claim 1, wherein the examination region is or comprises […], lung (See page 8 col. 2 2.5 Lung 1 data set.), brain (see page 14 col. 1 brain), […] breast (See page 2 col. 1 first paragraph) or a part of said parts or another part of the body of a mammal (See page 14 col. 2 human body is any part including another part). Regarding claim 5, Chen teaches the method of claim 1, wherein the 2D images of the input data and the 2D target images are measured medical images and the synthetic 2D images are synthetic medical images (See page 8 col. 1 first complete paragraph). Regarding claim 6, Chen teaches the method of claim 1, wherein the 2D images of the input data and the 2D target images are measured radiological images and the synthetic 2D images are synthetic radiological images (See page 8 col. 1 first complete paragraph). Regarding claim 17, Chen teaches the method of claim 1, wherein the input data comprises, for each examination object of the plurality of examination objects, one or more stacks comprising radiologic images of a first modality, wherein the target data comprises one stack comprising radiologic images of a second modality (See page 8 col. 2 2.5 Radiomics extractions – page 9 col. 2 first incomplete paragraph). Claim 19 and 20 recite similar limitations to that of claim 1 and is rejected under similar rationale as detailed above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Buerger et al. (US 20260141548 A1), abstract, “A system (100) for generating a three-dimensional image of a coronary tree (449) includes a memory (151) and a processor (152). The processor (152) is configured to to: obtain a sequence of two-dimensional angiogram images (410) corresponding to a moving heart from a single viewpoint of an imaging device; and generate, using a trained machine learning model (430), a three-dimensional representation (211A) of the coronary tree (449) based on the sequence of the two-dimensional angiogram images (410) and cardiac motion of the moving heart.” Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J CRADDOCK whose telephone number is (571)270-7502. The examiner can normally be reached Monday - Friday 10:00 AM - 6 PM EST. 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, Devona E Faulk can be reached at 571-272-7515. 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. /ROBERT J CRADDOCK/Primary Examiner, Art Unit 2618
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Prosecution Timeline

Dec 16, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
98%
With Interview (+14.3%)
2y 5m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 639 resolved cases by this examiner. Grant probability derived from career allowance rate.

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