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 non-statutory 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 non-statutory 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 non-statutory 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 §§ 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/patent/patents-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 eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of non-statutory obviousness-type double patenting as being un-patentable over claims 1-20 of the U.S. Patent No. 12340444. Although the conflicting claims are not identical, they are not patentably distinct from each other because they claimed the same subject matter.
Regarding independent claims 1 and 11 of the instant application, the independent claims 1 and 11 of the U.S. Patent No. 12340444 include all limitations recited in claims 1 and 11 of the instant application and therefore the independent claims 1 and 11 of the instant application are obvious in view of the claims 1 and 11 of the U.S Patent No. 12340444.
Regarding independent claims 1 and 11 of the instant application, the U.S. Patent No. 12340444 claims 1 and 11 disclose (representative claim 1):
A method/system (US Patent No. 12340444 claim 1, line 1) comprising:
providing a server computer including a graphics processing unit, where the server computer comprises: (US Patent No. 12340444, claim 1, lines 2-3):
a) receives a 3-D volumetric image reconstructed from a plurality of measured 2-D projection images (US Patent No 12340444, claim 1, lines 4-5),
b) computes three or more generated 2D projection images based on three or more 3D volumetric image viewing directions, where a first viewing direction is given by. theta.0, where the first viewing direction is based on user input, where a second viewing direction is given by. theta. 1, where .theta.1 is selected according to a periodic continuous mathematical function (v(t)), where v(t) = normalize( z+ A sin(w t) x+ A cos(w t) y), where normalize(v) is v / lvl, t is time, w is 2 pi f, f is frequency and A is Amplitude, where a third viewing direction is given by.theta.2, where .theta.2 is selected according to the periodic continuous mathematical function (US Patent No. 12340444, claim 1, lines 6-18) and
c) sends the three or more generated 2-D projection images and a viewing instruction adapted for display to a remote device, where the viewing instruction specifies an order of display of the three or more generated 2-D projection images for display on the remote device (US Patent No. 12340444, claim 1, lines 19-23).
The only difference between claim 1 of the instant application and claim 1 of the US Patent 12340444 is that claim 1 recites second viewing direction is given by theta. 1 is selected according to periodic continuous mathematical function (v(t)), where v(t) = normalize (z+ A sin(w t) x+ A cos(w t) y), and claim 1 of the US Patent 12340444 recites second viewing direction is given by theta. 1 is selected according to periodic continuous mathematical function (v(t)), where v(t) = normalize (z+ A sin(w t x)). Since both claim 1 of the instant application and claim 1 of the US Patent 12340444) recite theta. 1 is selected according to periodic continuous mathematical function (v(t)) and claim 1 of the US Patent 12340444 recites in the preamble “comprising” i.e. claim 1 of the US Patent US 12340444 is “open-ended” claim therefore it is obvious that claim 1 of the US Patent 12340444 includes the missing term in periodic continuous mathematical function the A cos (w t) y. Therefore claims 1 and 11 of the instant application are obvious in view of claims 1 and 11 of the US Patent 12340444.
Similarly dependent claims 2-10 and 12-20 are also obvious in view of claims 1-20 of the U.S Patent U.S 12340444.
The above rejection of claims 1-20 on the ground of non-statutory obviousness-type double patenting can be overcome by filing terminal disclaimer.
Allowable Subject Matter
Claims 1-20 would be allowable over the prior art of record provided that the Applicant file the terminal disclaimer to overcome the rejections of claims 1-20 on the ground of non-statutory obviousness-type double patenting.
Communication
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ISHRAT I. SHERALI
Examiner
Art Unit 2667
/ISHRAT I SHERALI/Primary Examiner, Art Unit 2667
