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 .
DETAILED ACTION
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 01/06/2025, 03/26/2025, 08/11/2025, 10/16/2025 and 08/04/2026 has been considered by Examiner and made of record in the application file.
Double Patenting
2. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 e Terminal Disclaimer may be filled out completely online using web-screens. An e Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
3. Claims 1-7 and 8-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 16-28 respectively of U.S. Patent No. 12,251,175. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations are transparently found in the U.S. Patent No. 12,251,175 with obvious wording variations as shown in the following table.
U.S. Patent No. 12,251,175
Application No. 19/011,437
1. A control system comprising: a communication interface configured to receive image data from a first instrument that is configured to access an anatomical site via a first access path, the image data representative of the anatomical site and a second instrument that is configured to access the anatomical site via a second access path;
1. A control system comprising: a communication interface configured to receive image data from a first instrument that is configured to access an anatomical site via a first access path, the image data representative of the anatomical site and a second instrument that is configured to access the anatomical site via a second access path;
and control circuitry communicatively coupled to the communication interface and configured to: cause a visual representation of the image data to be displayed in a user interface;
and control circuitry communicatively coupled to the communication interface and configured to: cause a visual representation of the image data to be displayed in a user interface;
receive a first directional input signal from an input device;
receive a first directional input signal from an input device;
determine an orientation of the first instrument relative to the second instrument;
and control movement of the second instrument based at least in part on the first directional input signal and the orientation of the first instrument relative to the second instrument.
and control movement of the second instrument based at least in part on the first directional signal and the image
data.
U.S. Patent No. 12,251,175 Application No. 19/011,437
2-7 and 16-28. 2-7 and 8-20.
Conclusion
4. Any response to this action should be mailed to:
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Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Facsimile responses should be faxed to:
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Hand-delivered responses should be brought to:
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan H. Nguyen whose telephone number is (571) 272-8329. The examiner can normally be reached on 8:00Am - 5:00Pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/TUAN H NGUYEN/Primary Examiner, Art Unit 2649
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