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 §§ 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).
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Claims 1-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-13, 18-20 U.S. patent Application No. 12282145. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claims 1-12 are included in claims 8-13, 18-20 of U.S. patent Application No. 12282145 with similar or obvious wording variations (see the table below as an example).
Claims of the current Application
Claims of U.S. Patent Application 12282145
1. An imaging device for a slide scanning device comprising:
a line scan camera comprising a two-dimensional array of pixel sensors, wherein the two- dimensional array comprises columns parallel to a first axis and rows parallel to a second axis that is orthogonal to the first axis;
wherein the line scan camera is configured to successively receive a same field of view of a sample to each of a plurality of rows in the two-dimensional array provided by an objective lens ; and
at least one hardware processor configured to, for each of a plurality of positions on the sample:
control one or more of the position of the sample, the objective lens, and the line scan camera, such that the field of view of the sample, provided to the plurality of rows in the two-dimensional array, moves across the plurality of rows in the two-dimensional array at a non-zero angle with respect to the first axis and the second axis, such that each row in the plurality of rows senses the same field of view at an offset equal to a different fraction of a length of each pixel sensor, combine line images of the same field of view, to produce a plurality of subpixels for each of at least a subset of pixels within the line images of the same field of view, wherein the defined shape of each of the pixels is sized to generate square shaped subpixels when the line images are combined, generate an up-sampled line image of the position comprising the produced plurality of subpixels, and combine the up-sampled line images of each of the plurality of positions on the sample into an image.
8. A slide scanning device comprising:
a stage which supports a microscope slide having a sample;
a line scan camera comprising a two-dimensional array of pixel sensors, wherein the two-dimensional array comprises columns parallel to a first axis and rows parallel to a second axis that is orthogonal to the first axis, and wherein each of the pixel sensors has a defined elongated shape;
an objective lens configures to successively provide a same field of view of the sample to each of a plurality of rows in the two-dimensional array; and
at least one hardware processor configured to, for each of a plurality of positions on the sample: control one or more of the stage, the objective lens, and the line scan camera, such that the field of view of the sample, provided to the plurality of rows in the two-dimensional array, moves across the plurality of rows in the two-dimensional array at a non-zero angle with respect to the first axis and the second axis, such that each row in the plurality of rows senses the same field of view at an offset equal to a different fraction of a length of each pixel sensor, combine the line images of the same field of view to produce a plurality of subpixels for each of at least a subset of pixels within the line images of the same field of view, wherein the defined shape of each of the pixels is sized to generate square shaped subpixels when the line images are combined, generate an up-sampled line image of the position comprising the produced plurality of subpixels, and combine the up-sampled line images of each of the plurality of positions on the sample into an image.
As compared and disclosed above, the limitations of claim 1 of the current Application are encompassed in claim 8 of U.S. patent Application No. 12282145 with obvious wording variations or inherent elements (such as camera).
Nonetheless, the removal of said limitations from claim 1 of the current application made claim 1 a broader version of claim 8 of U.S. Patent No. 12282145. Therefore, since omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), claim 1 is not patentably distinct from claim 8 of U.S. Patent No. 12282145 (similar comparison would be applied for independent claims 5, and 9 of current application and claims 12 and 13 of the U.S. patent application 12282145).
Claim 9 and 18 of the U.S. Patent No. 12282145 further includes the limitations of claim 2 , 6 and 10, of the current application with obvious wording variations.
Claim 10 and 19 of the U.S. Patent No. 12282145 further includes the limitations of claim 3 , 7 and 11 of the current application with obvious wording variations.
Claim 11 and 20 of the U.S. Patent No. 12282145 further includes the limitations of claim 4, 8 and 12 of the current application with obvious wording variations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMIRA MONSHI whose telephone number is (571)272-0995. The examiner can normally be reached 8 AM-5 PM.
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/SAMIRA MONSHI/ Primary Examiner, Art Unit 2422