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(s) (IDS) submitted on 12/26/2024, 05/12/2025, and 08/04/2026 is/are being considered by the Examiner.
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.
Claim 11 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims of prior U.S. Patent No. 12,256,994. This is a statutory double patenting rejection.
Regarding claim 11, claim 1 teaches the same limitations as highlighted below:
Claim 11 of the present application
Claim 1 of U.S. Patent No. 12,256,994
An image processing method comprising:
acquiring a first direction fundus image imaged in a state in which a gaze of an examined eye is directed in a first direction, and a second direction fundus image imaged in a state in which the examined eye is directed in a second direction different from the first direction;
generating a transformed image by transforming one fundus image of the first direction fundus image and the second direction fundus image;
generating a combined image by combining the transformed image and the other fundus image of the first direction fundus image and the second direction fundus image; and
outputting the combined image, wherein generating the transformed image comprises:
respectively extracting at least four feature points on the fundus of the examined eye, from the first direction fundus image and the second direction fundus image; and
generating the transformed image, in which the at least four feature points of the other fundus image are matched to the at least four feature points of the one fundus image, by projectively transforming the one fundus image, and
wherein generating the combined image comprises:
performing a first weighting processing in the transformed image, with respect to a first region where the transformed image and the other fundus image overlap;
performing a second weighting processing in the other fundus image, with respect to a second region where the transformed image and the other fundus image overlap; and
combining the transformed image and the other fundus image based on performing the first weighting processing and performing the second weighting processing.
An image processing method comprising:
acquiring a first direction fundus image imaged in a state in which a gaze of an examined eye is directed in a first direction, and a second direction fundus image imaged in a state in which the examined eye is directed in a second direction different from the first direction;
generating a transformed image by transforming one fundus image of the first direction fundus image and the second direction fundus image;
generating a combined image by combining the transformed image and the other fundus image of the first direction fundus image and the second direction fundus image; and
outputting the combined image, wherein generating the transformed image comprises:
respectively extracting at least four feature points on the fundus of the examined eye, from the first direction fundus image and the second direction fundus image; and
generating the transformed image, in which the at least four feature points of the other fundus image are matched to the at least four feature points of the one fundus image, by projectively transforming the one fundus image, and
wherein generating the combined image comprises:
performing a first weighting processing in the transformed image, with respect to a first region where the transformed image and the other fundus image overlap;
performing a second weighting processing in the other fundus image, with respect to a second region where the transformed image and the other fundus image overlap; and
combining the transformed image and the other fundus image based on performing the first weighting processing and performing the second weighting processing.
As seen above, claim 11 is identical to claim 1 of U.S. Patent No. 12,256,994.
Conclusion
The Examiner contacted attorney of record Pavan Agarwal on 08/03/2026 to see if preliminary amendments would be filed as the present application has one claim pending that would only have a double patenting issue. Agarwal stated that he would reach out to Applicant for such amendments; however, when the Examiner checked back on 08/21/2026, Agarwal noted that none had been presented.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY L KRETZER whose telephone number is (571)272-5639. The examiner can normally be reached M-F 10:00-7:00 PM Pacific Time.
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/CASEY L KRETZER/Primary Examiner, Art Unit 2635
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