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
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.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims (1,2), 2, 3, 4, (5, 6), (5, 6), (5, 6, 7), 3, (1,2), 4, (3,4), (5, 6), (5, 6, 7), (5, 6, 7), (5,6,7), 3, (1,2), 6, (3,4), (5,6,7) of U.S. Patent No. 12223649 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because are directed to determine patient’s model based on the raw medical acquisition data without imaging or reconstruction intermediary. The only difference between current application and the cited patent is the current application claim either determines one image reconstruction using the raw medical acquisition data. However, the determined one image reconstruction is feature is or statement and therefore optional. See table below.
Current Application
US Patent No.12223649 B2
Claim 1. A computer-implemented method for determining anatomy from raw medical acquisition data, the method comprising:
obtaining, via at least one processor, raw medical acquisition data for a patient, the raw medical acquisition data including data resulting from collection by a medical imaging device of one or more of energy or particles traveling through the patient’s body, the one or more of energy or particles originating from one or more of a transmission of the medical imaging device or from the patient’s body;
determining, via the at least one processor, based on the raw medical acquisition data, with no imaging or reconstruction intermediary, at least one aspect of the patient’s anatomy; and
generating, via the at least one processor, based on the raw medical acquisition data, with no imaging or reconstruction intermediary, one or more of: at least one image reconstruction of the patient’s anatomy; or an anatomic model of the patient’s anatomy.
Claim 1. A computer-implemented method for determining anatomy from raw medical acquisition data, the method comprising:
obtaining, via at least one processor, raw medical acquisition data for a patient, the raw medical acquisition data including data resulting from collection by a medical imaging device of one or more of energy or particles traveling through the patient's body, the one or more of energy or particles originating from one or more of a transmission of the medical imaging device or from the patient's body; and
determining, via the at least one processor, based on the raw medical acquisition data, using a predetermined correspondence between previously obtained raw medical acquisition data and one or more previously determined aspects of one or more individual's anatomy, with no imaging or reconstruction intermediary, at least one aspect of the patient's anatomy.
Claim 2. using the determined at least one aspect of the patient's anatomy to define, via the at least one processor, one or more parameters of a patient-specific parameterized model.
Claim 2
Claim 2
Claim 3
Claim 3
Claim 4
Claim 4
Claim 5
Claims 5, 6
Claim 6
Claims 5, 6
Claim 7
Claims 5, 6 and 7
Claim 8
Claim 3
Claim 9
Claims 1, 2
Claim 10
Claim 4
Claim 11
Claims 3, 4
Claim 12
Claims 5, 6
Claim 13
Claims 5, 6 and 7
Claim 14
Claims 5, 6 and 7
Claim 15
Claims 5, 6 and 7
Claim 16
Claim 3
Claim 17
Claims 1 and 2
Claim 18
Claim 18
Claim 19
Claims 3 and 4
Claim 20
Claims 5, 6 and 7
Allowable Subject Matter
Claims 1-20 would be allowable over prior art and if rewritten to overcome the rejection(s) under 35 U.S.C. non-statutory double patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
JP-2019533489-A (a distributed interactive medical visualization system and related methods that include user interface functionality. In the embodiment, a first video processing circuit, a first central processing circuit communicating with the first video processing circuit, a first communication circuit communicating with the first central processing circuit, and a first video processing circuit generated by the first video processing circuit. A distributed interactive medical visualization system having one user interface is included. The first user interface can include a three-dimensional model of at least a portion of the anatomical structure of interest from the first viewpoint, the first viewpoint being configured to be controlled by the first user. The first user interface can further include one or more user representations representing one or more other users, the user representations being superimposed in a three-dimensional model, each of the one or more user representations. Are visually distinct from each other. The present application includes other embodiments, Abstract)
US-20260065558-A1 (Laugerette et al., computer-implemented method, performed by a computing device, comprises: receiving raw multispectral medical imaging data, which was acquired via an energy-resolved medical imaging technique; determining a scope of analysis of the raw multispectral medical imaging data; selecting at least one spectral map based on the scope of analysis; and processing the raw multispectral medical imaging data to generate at least one medical image based on the at least one spectral map, Abstract)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PINALBEN V PATEL whose telephone number is (571)270-5872. The examiner can normally be reached M-F: 10am - 8pm.
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/Pinalben Patel/Examiner, Art Unit 2673
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