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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-9, and 14-16 of Kim et al. (US 12,229,956). Although the claims at issue are not identical, they are not patentably distinct from each other.
For example, regarding claim 1, Kim discloses:
receiving a cardiovascular image (see Kim claim 1, “receiving a cardiovascular image”);
acquiring a first image mask corresponding to at least a part of blood vessels included in the cardiovascular image (see Kim claim 1, “acquiring a first image mask corresponding to at least a part of blood vessels included in the cardiovascular image”);
acquiring a centerline image mask corresponding to centerlines of at least the part of blood vessels included in the cardiovascular image (see Kim claim 1, “acquiring a centerline image mask corresponding to centerlines of at least the part of blood vessels included in the cardiovascular image”);
extracting a first image patch from the cardiovascular image (see Kim claim 1, “extracting a first image patch from the cardiovascular image”);
extracting a second image patch from the centerline image mask (see Kim claim 1, “extracting a second image patch from the centerline image mask”);
generating a refined third image patch by performing, based on the first image patch and the second image patch, a local refinement (see Kim claim 1, “generating a refined third image patch by performing, based on the first image patch and the second image patch, a local refinement”); and
generating, based on the refined third image patch and the first image mask, a refined second image mask (see Kim claim 1, “generating, based on the refined third image patch and the first image mask, a refined second image mask”).
Subject matter recited in claim 2 can be found in Kim’s claim 6, claim 3 in Kim’s claim 7, claim 4 in Kim’s claim 8, claim 5 in Kim’s claim 9, claim 6 in Kim’s claim 14, claim 7 in Kim’s claim 15, claim 8 in Kim’s claim 16.
Allowable Subject Matter
No prior art of record discloses the subject matter recited in the applicant’s claims 1-8, however, these claims are rejected on the round of nonstatutory double patenting. These claims would be allowable with an approval for a Terminal Disclaimer. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, Zheng et al. (US 2015/0235360) discloses:
receiving a cardiovascular image (see para [32] and [75], receiving a cardiovascular image);
acquiring a first image mask corresponding to at least a part of blood vessels included in the cardiovascular image (see [55] and [66], acquiring a blood vessel contour in the cardiovascular image);
acquiring a centerline image mask corresponding to centerlines of at least the part of blood vessels included in the cardiovascular image (see [32]-[34], extracting an initial centerline of the blood vessel in the cardiovascular image);
extracting a first image patch from the cardiovascular image (see [70], segmenting, thereby extracting, an image of the blood vessel from the cardiovascular image);
extracting a second image patch from the centerline image mask (see [36]-[39], extracting a refined centerline of the blood vessel from the cardiovascular image);
However, Zheng does not disclose: generating a refined third image patch by performing, based on the first image patch and the second image patch, a local refinement; and generating, based on the refined third image patch and the first image mask, a refined second image mask.
Claims 9-16 are allowed. Zheng discloses everything claimed as applied above (see reasons for claim 1), however, does not disclose: generating a refined blood vessel contour information by performing, based on the first image patch and the second image patch, a local refinement; and generating, based on the refined blood vessel contour information and a first blood vessel contour acquired from the first image mask, a refined second blood vessel contour.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Liu et al. (US 10,140,733), Gulsun et al. (US 7,860,290), Kondo et al. (US 7,369,691), Sun et al. (US 2017/0018116) discloses extracting blood vessel centerlines and boundary in relation to each other.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SJ PARK whose telephone number is (571)270-3569. The examiner can normally be reached M-F 8:00 AM - 5:00 PM.
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/SJ Park/Primary Examiner, Art Unit 2675
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