DETAILED ACTION
Notice of Pre-AIA or AIA Status
Claims 1 is canceled by a preliminary amendment. Claims 2-22 are pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 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 2-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,138,733 issued from co-pending application 16/578,839. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed towards a vascular assessment apparatus.
Claims 2-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent 11,017,531 of parent Application No. 16/489,289, as they are both directed towards methods and systems for measuring vascular characteristics and computation using a vascular tree representation. The limitations are analogous in scope and the claims of the instant invention are broader in scope, which are anticipated by the narrower claims of the patented parent application.
Claims 2-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent 10,424,063 of parent Application No. 15/031,815, as they are both directed towards methods and systems for measuring vascular characteristics and computation using a vascular tree representation. The limitations are analogous in scope and the claims of the instant invention are broader in scope, which are anticipated by the narrower claims of the patented parent application.
Claims 2-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent 10,470,730 of parent Application No. 14/761,079, as they are both directed towards methods and systems for measuring vascular characteristics and computation using a vascular tree representation. The limitations are analogous in scope and the claims of the instant invention are broader in scope, which are anticipated by the narrower claims of the patented parent application.
Claims 2-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent 9,814,433 of parent Application No. 14/761,079, as they are both directed towards methods and systems for measuring vascular characteristics and computation using a vascular tree representation. The limitations are analogous in scope and the claims of the instant invention are broader in scope, which are anticipated by the narrower claims of the patented parent application.
Claims 2-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent 9,814,433 of parent Application No. 14/761,079, as they are both directed towards methods and systems for measuring vascular characteristics and computation using a vascular tree representation. The limitations are analogous in scope and the claims of the instant invention are broader in scope, which are anticipated by the narrower claims of the patented parent application.
Claims 2-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of US Patent 12,236,600 of parent Application No. 18/482,811, as they are both directed towards methods and systems for measuring vascular characteristics and computation using a vascular tree representation. The limitations are analogous in scope and the claims of the instant invention are broader in scope, which are anticipated by the narrower claims of the patented parent application.
Priority
This application discloses and is a direct continuation of subject matter disclosed in provisional application no 61/986,218, filed on April 30, 2014, and names the inventor or at least one joint inventor named in the prior application. For purposes of examination and prior art, Examiner has used this priority date. However, the priority documentation listing lists additional WIPO applications to which it has priority as a Continuation-In-Part. However, it was not clear that all the subject matter is supported in those international filings, and as such, priority can only be given to the provisional. If applicant feels that this application may constitute a continuation or division, and should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2, 21, 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kyriakou (US PGPub US 2015/0213600, with a filing date of January 27, 2015 and a foreign priority date of January 29, 2014).
Consider Claims 2, 21 and 22.
Kyriakou teaches:
2. (New) A method for vascular assessment implemented by a system of one or more processors, the method comprising: / 21. A vascular assessment apparatus comprising: a processor communicatively coupled to a medical imaging device; and a memory storing non-transitory computer-readable instructions, which when executed, cause the processor to: / 22. (New) Non-transitory computer storage media storing instruction that when executed by a system of one of more computers, cause the one or more computers to: (Kyriakou: [0011]-[0013], Figure 2, abstract, An angiographic examination method for generating a 2D projection image. The method includes: (1) acquiring a volume dataset, (2) reconstructing a 3D volume from the volume dataset, (3) forward-projecting for generating a virtual vessel projection, ( 4) deriving a binary vessel mask, (5) acquiring at least one current 2D projection image, ( 6) combining the binary vessel mask with the at least one current 2D projection image to form a current mask, (7) thresholding the current mask to form a current binary mask, (8) back-projecting the current binary mask into the 3D volume to form a mask volume, (9) threshold value segmenting the mask volume in order to generate a final virtual vessel volume, and (10) subtracting a projection of the vessel volume from the current 2D projection images to generate a selective, overlay-free visualization of the body region of interest by selectable parameters. [0011]-[0017], Figure 2, [0042]-[0043], Figures 3-5))
2. generating a model for a targeted vessel based on common representations of at least one vascular segment shared by a plurality of angiographic images, / 21. generate a model for a targeted vessel based on common representations of at least one vascular segment shared by a plurality of angiographic images, / 22. generate a model for a targeted vessel based on common representations of at least one vascular segment shared by a plurality of angiographic images, (Kyriakou: [0042] The DSA principle will now be explained with reference to FIGS. 3 to 5. Firstly, a mask image 15 of a head is acquired in which the entire anatomy 16, such as also cranial bone for example, is contained. Following an injection of contrast agent, a fill image 17 (FIG. 4) is generated in which, in addition to an anatomical background 18, (e.g., the anatomy 16 according to FIG. 3), the parenchyma 19 and the vessels 20 are now also apparent. If these two images are now subtracted from each other, a DSA image 21, depicted in FIG. 5, is obtained, which depicts only the regions filled with contrast agent, (e.g., the parenchyma 19 and the vessels 20).)
2. the angiographic images depicting the at least one vascular segment of the targeted vessel prior to a vascular procedure for stenosis;/ 21. the angiographic images depicting the at least one vascular segment of the targeted vessel prior to a vascular procedure for stenosis;/22. the angiographic images depicting the at least one vascular segment of the targeted vessel prior to a vascular procedure for stenosis (Kyriakou: [0043] A reconstructed 3D volume 22 containing a vascular tree or vascular system 23, acquired for example by a computed tomography angiography (CTA) or a rotational angiography scan, is converted by forward-projection 24 into a virtual vessel projection 25 (e.g., 2D DSA (digital subtraction angiography)) in which the vascular tree containing the vessels 20 may already be segmented. A virtual binary vessel mask 26 is determined therefrom. [0044] The binary vessel mask 26, which represents the entire vascular tree, is combined with projection images acquired from the current measured 2D DSA series, (e.g., the maximum opacification image 27 if an iFlow combination is desired subsequently). The maximum opacification image 27 is described in the publication cited hereinabove. For each pixel, the image reproduces the maximum opacity due to a contrast agent during the entire fill phase.)
2. determining an index indicative of vascular function for the targeted vessel using the model; / 21. determine an index indicative of vascular function for the targeted vessel using the model; / 22. determine an index indicative of vascular function for the targeted vessel using the model; (Kyriakou: [0046] This may be followed by an adjustment of intensities and an optimization whereby, starting from the acquisition of the reconstructed 3D volume 22 (f1) for a viewing angle α and acquisition of the DSA series 27 p(α) for the iFlow evaluation, the final virtual vessel volume 34 (f2) is generated in accordance with the description with reference to FIGS. 6 and 7. A forward-projection is performed from:
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[0047] The factor X is a parametric basis function, (e.g., polynomial), for adjusting the forward-projected intensities, albeit in its simplest form, however, a scaling factor (scalar))
2. receiving at least one post-procedure angiographic image, the at least one post- procedure angiographic image depicting at least one treated vascular segment of a treated vessel, the treated vessel comprising the targeted vessel that has been subjected to the vascular procedure for the stenosis; / 21. receive at least one post-procedure angiographic image, the at least one post-procedure angiographic image depicting at least one treated vascular segment of a treated vessel, the treated vessel comprising the targeted vessel that has been subjected to the vascular procedure for the stenosis; / 22. receive at least one post-procedure angiographic image, the at least one post- procedure angiographic image depicting at least one treated vascular segment of a treated vessel, the treated vessel comprising the targeted vessel that has been subjected to the vascular procedure for the stenosis; (Kyriakou: (0054] The vessel segmentation in the 3D volume is given by the nature of the 3D datasets, specifically in the 3D DSA technique. By a forward-projection 24, a virtual vessel projection 25 is generated that exhibits a different vessel configuration from the current series. From the virtual vessel projection 25, a vessel mask 26 is generated and combined (e.g., if an iFlow combination is desired subsequently) with the current DSA series, (e.g., a maximum opacification image 27). This results in the mask 28, which is subsequently binarized to form the mask 30. The binary mask 30 is back-projected into the volume 22 and subsequently post-processed by a threshold value segmentation 33 in order to generate the final virtual volume 34. This is equivalent to a volume that corresponds to and reflects the status of the current 2D DSA series.)
2. updating the model of the targeted vessel based on a partial update of the at least one vascular segments with the at least one treated vascular segments depicted in the at least one post-procedure angiographic image; / 21. update the model of the targeted vessel based on a partial update of the at least one vascular segments with the at least one treated vascular segments depicted in the at least one post-procedure angiographic image; / 22. update the model of the targeted vessel based on a partial update of the at least one vascular segments with the at least one treated vascular segments depicted in the at least one post-procedure angiographic image; (Kyriakou: (9) threshold value segmenting the mask volume in order to generate a final virtual vessel volume,[0046]-[0053], Figures 4-5; [0045] From this combination, a mask 28 is formed, which is converted by thresholding 29 into a binary mask 30. By back-projection 31 of the binary mask 30 into the reconstructed 3D volume 22, a mask volume 32 is obtained, which is subsequently post-processed by a threshold value segmentation 33 in order to generate a final virtual vessel volume 34. This corresponds to a volume adjusted to and reflecting the status of the current 2D DSA series.)
2. and determining an updated index indicative of vascular function for the treated vessel based on the updated model. / 21. and determine an updated index indicative of vascular function for the treated vessel based on the updated model. / 22. and determine an updated index indicative of vascular function for the treated vessel based on the updated model. (Kyriakou: and (10) subtracting a projection of the vessel volume from the current 2D projection images to generate a selective, overlay-free visualization of the body region of interest by selectable parameters. [0054]-[0057], Figures 6-7, [0058] The superposition of the vessels is performed as an overlay onto the parametric map from the dynamic 2D angiography (2D DSA). This may be a color-coded visualization of the average throughflow time (MTT (mean transit time)) or maximum time (TTP (time to peak)), which may be calculated from the dynamic data. The vessel geometry may be superimposed and if necessary varied using a different form of visualization, e.g. rendering. This may either be the vessels from the segmentation or the 3D data results from a 3D angiography dataset analogously to the use of syngo iPilot.)
Conclusion
The prior art made of record in form PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAHMINA ANSARI whose telephone number is 571-270-3379. The examiner can normally be reached on IFP Flex - Monday through Friday 9 to 5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, O’NEAL MISTRY can be reached on 313-446-4912. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications. TC 2600’s customer service number is 571-272-2600.
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2674
/Tahmina Ansari/
September 29, 2026
/TAHMINA N ANSARI/Primary Examiner, Art Unit 2674
