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 .
Response to Amendment
This action is in response to the remarks filed on 4/16/2026. The amendments filed on 4/16/2026 are entered.
The previous rejections of claims 14-20 under 35 U.S.C. 101 have been withdrawn in light of the applicant’s remarks/amendments.
The previous rejections of claims 1-20 under 35 U.S.C. 103 have been withdrawn in light of the applicant’s remarks/amendments.
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. (U.S. Pat. No. 11,666,232 hereinafter Li ‘232. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant invention would be an obvious modification of the reference patent.
Regarding claim 1, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) teaches:
A system for evaluating a vessel of a patient (abstract, figure 4, system 150), the system comprising:
a display (Li ‘232, claim 1);
a memory comprising instructions; and a processor coupled to the memory and to the display, the processor configured to execute the instructions (Li ‘232, claim 1), which when executed cause the processor to:
receive, from a first pressure measurement device, first data indicative of a plurality of pressures measured along a longitudinal section of a vessel of a patient (Li ‘232, claim 1),
receive, from a second pressure measurement device, second data indicative of a pressure at a proximal end of the longitudinal section of the vessel (Li ‘232, claim 1),
derive a pressure ratio curve from the first data and the second data (Li ‘232, claim 1),
identify a window on the pressure ratio curve by detecting a first region where a slope of the pressure ratio curve is greater than or equal to a first threshold value and terminating the window at a point where the slope is less than or equal to a second threshold value (Li ‘232, claim 1),
identify a starting point and an ending point of a stepped change in the pressure ratio curve based on the window, wherein the starting point corresponds to a first crossing of the first threshold value and the ending point corresponds to a subsequent crossing of the second threshold value (Li ‘232, claim 1), and
cause the display to display the pressure ratio curve and a label indicating the starting point and the ending point (Li ‘232, claim 1).
Regarding claim 2, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the instructions when executed by the processor further cause the processor to derive the pressure ratio curve as the ratio of the first data over the second data (Li ‘232, claims 1-13).
Regarding claim 3, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the label comprises a visual indication of the pressure ratio at the starting point (Li ‘232, claims 1-13).
Regarding claim 4, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the label comprises a visual indication of the pressure ratio at the ending point (Li ‘232, claims 1-13).
Regarding claim 5, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the label comprises a visual indication of the change in the pressure ratio between the starting point and the ending point (Li ‘232, claims 1-13).
Regarding claim 6, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the pressure ratio curve and the label are depicted in a user interface on the display, wherein the user interface allows a user to indicate a location on an image of the vessel, and in response, the instructions when executed by the processor further cause the processor to output to the display an indicator showing a position on the pressure ratio curve that corresponds to the location on the image of the vessel (Li ‘232, claims 1-13).
Regarding claim 7, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the image of the vessel shows the position of the first pressure measurement device (Li ‘232, claims 1-13).
Regarding claim 8, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
A computer-implemented method for a vessel imaging system (Li ‘232, claim 1), comprising:
receiving, at a processor of the vessel imaging system from a first pressure measurement device, first data indicative of a plurality of pressures measured along a longitudinal section of a vessel of a patient (Li ‘232, claim 1),
receiving, at the processor from a second pressure measurement device, second data indicative of a pressure at a proximal end of the longitudinal section of the vessel (Li ‘232, claim 1),
deriving, by the processor, a pressure ratio curve from the first data and the second data (Li ‘232, claim 1),
identifying, by the processor, a window on the pressure ratio curve by detecting a first region where a slope of the pressure ratio curve is greater than or equal to a first threshold value and terminating the window at a point where the slope is less than or equal to a second threshold value (Li ‘232, claim 1),
identifying, by the processor, a starting point and an ending point of a stepped change in the pressure ratio curve based on the window, wherein the starting point corresponds to a first crossing of the first threshold value and the ending point corresponds to a subsequent crossing of the second threshold value (Li ‘232, claim 1), and
causing, by the processor, a display of the vessel imaging system to display the pressure ratio curve and a label indicating the starting point and the ending point (Li ‘232, claim 1).
Regarding claim 9, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
further comprising deriving the pressure ratio curve as the ratio of the first data over the second data (Li ‘232, claims 1-13).
Regarding claim 10, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the label comprises a visual indication of the pressure ratio at the starting point, a visual indication of the pressure ratio at the ending point, and/or a visual indication of the change in the pressure ratio between the starting point and the ending point (Li ‘232, claims 1-13).
Regarding claim 11, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the pressure ratio curve and the label are depicted in a user interface on the display, wherein the user interface allows a user to indicate a location on an image of the vessel, and wherein the method further comprises outputting to the display an indicator showing a position on the pressure ratio curve that corresponds to the location on the image of the vessel (Li ‘232, claims 1-13).
Regarding claim 12, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the image of the vessel shows the position of the first pressure measurement device (Li ‘232, claims 1-13).
Regarding claim 13, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
further comprising selectively outputting the image of the vessel to the display upon a command by a user made through the user interface (Li ‘232, claims 1-13).
Regarding claim 14, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
One or more non-transitory computer-readable medium comprising instructions, which when executed by a processor of a vessel imaging system cause the vessel imaging system (Li ‘232, claim 1) to:
receive, from a first pressure measurement device, first data indicative of a plurality of pressures measured along a longitudinal section of a vessel of a patient (Li ‘232, claim 1),
receive, from a second pressure measurement device, second data indicative of a pressure at a proximal end of the longitudinal section of the vessel (Li ‘232, claim 1),
derive a pressure ratio curve from the first data and the second data (Li ‘232, claim 1),
identify a window on the pressure ratio curve by detecting a first region where a slope of the pressure ratio curve is greater than or equal to a first threshold value and terminating the window at a point where the slop is less than or equal to a second threshold value (Li ‘232, claim 1),
identify a starting point and an ending point of a stepped change in the pressure ratio curve based on the window, wherein the starting point corresponds to a first crossing of the first threshold value and the ending point corresponds to a subsequent crossing of the second threshold value (Li ‘232, claim 1), and
cause a display of the vessel imaging system to display the pressure ratio curve and a label indicating the starting point and the ending point (Li ‘232, claim 1).
Regarding claim 15, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the instructions when executed by the processor further cause the vessel imaging system to derive the pressure ratio curve as the ratio of the first data over the second data (Li ‘232, claims 1-13).
Regarding claim 16, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the label comprises a visual indication of the pressure ratio at the starting point (Li ‘232, claims 1-13).
Regarding claim 17, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the label comprises a visual indication of the pressure ratio at the ending point (Li ‘232, claims 1-13).
Regarding claim 18, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the label comprises a visual indication of the change in the pressure ratio between the starting point and the ending point (Li ‘232, claims 1-13).
Regarding claim 19, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the pressure ratio curve and the label are depicted in a user interface on the display, wherein the user interface allows a user to indicate a location on an image of the vessel, and in response, the instructions when executed by the processor further cause the processor to output to the display an indicator showing a position on the pressure ratio curve that corresponds to the location on the image of the vessel (Li ‘232, claims 1-13).
Regarding claim 20, reference patent Li ‘232 (U.S. Pat. No. 11,666,232) further teaches:
wherein the image of the vessel shows the position of the first pressure measurement device (Li ‘232, claims 1-13).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN A FRITH whose telephone number is (571)272-1292. The examiner can normally be reached M-Th 8:00-5:30 Second Fri 8:00-4:30.
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/SEAN A FRITH/Primary Examiner, Art Unit 3798
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