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
Claims 1-29 filed on 03/31/2025 are pending.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1, 12, and 21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 13 of U.S Patent No. 12,274,414; claims 1, 10, 11, and 16 of U.S Patent No.11,871,902; and claims 1, 12, and 22 of U.S Patent No. 11,102,381. Although the conflicting claims are not identical, they are not patentably distinct from each other because the instant claims are similar to the claims in the U.S patents to meet the limitations of the instant claims. Table 1 shows comparison between the instant claims and the U.S patent claims.
This is a non-provisionally obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Table 1: Comparison of claims in instant Application No. 19/096640 vs. Patent Nos. 12,274,414; 11,871,902; and 11,102,381
Appl. 19/096640
Appl. 18/391472 (US Pat. 12,274,414)
Appl. 17/383392 (US Pat. 11,871,902)
Appl. 17/141428 (US Pat. 11,102,381)
1. A non-transitory machine-readable medium comprising machine-readable instructions which when executed by one or more processors associated with a computer-assisted system cause the one or more processors to perform a method comprising:
receiving image information depicting an anatomical structure within a body, wherein the image information is acquired using an imaging element of an imaging device;
deriving, from a portion of the image information, information characterizing cleanliness of the imaging element, wherein deriving said information characterizing cleanliness of the imaging element includes correlating the portion of the image information to at least one reference image of a visual clarity reference image dataset,
wherein each reference image of the visual clarity reference image dataset has a respective visual clarity determined to be visually representative to the one or more visual clarity reference images; and
at least one of causing said information characterizing cleanliness of the imaging element to be provided to a user of the computer-assisted system and enabling said information characterizing cleanliness of the imaging element to be accessible by the user of the computer-assisted system.
1. A non-transitory machine-readable medium comprising a plurality of machine-readable instructions which when executed by one or more processors associated with a computer-assisted system are adapted to cause the one or more processors to perform a method comprising:
receiving image information depicting an anatomical structure within a body cavity, wherein the image information is acquired by an imaging element of an imaging device;
deriving, from a portion of the image information, information characterizing cleanliness of the imaging element, wherein deriving said information characterizing cleanliness of the imaging element includes correlating the portion of the image information to at least one reference image of a visual clarity reference image dataset,
wherein each reference image of the visual clarity reference image dataset has a respective visual clarity determined to be visually representative to the one or more visual clarity reference images; and
at least one of actuating a device for cleaning the imaging element as a function of said information characterizing cleanliness of the imaging element and displaying at least a portion of said information characterizing cleanliness of the imaging element.
1. A computer-assisted system, comprising: an imaging device having an imaging element through which image information of an anatomical structure within a body cavity is acquired during a surgical procedure;
a cleaning device attached to the imaging device, wherein the cleaning device is adapted to clean a surface of the imaging element in response to activation thereof; and
one or more processors coupled to the imaging device and the cleaning device, wherein the one or more processors are configured to: process a portion of the image information to determine cleanliness of the imaging element; and after a determination of the imaging element exhibiting unacceptable cleanliness is made, cause the cleaning device to perform one or more instances of an imaging element cleaning operation; wherein: the one or more processors are further configured to enable a user to select one or more visual clarity reference images exhibiting acceptable visual clarity; and the one or more processors being configured to process the portion of the image information includes the one or more processors being configured to use said selected visual clarity reference images to determine when the imaging element exhibits unacceptable cleanliness for the user; and wherein: the portion of the image information includes an image of the anatomical structure within the body cavity; the one or more processors being configured to process the portion of the image information includes the one or more processors being configured to correlate the image to one or more visual clarity scored reference images each having a respective visual clarity determined to be visually equivalent to the image; and each of said scored reference images has a score one of rating cleanliness of an imaging element used for acquiring a respective one of said reference images and ranking cleanliness of an imaging element used for acquiring a respective one of said reference images.
1. A computer-assisted system, comprising:
an imaging device having an imaging element through which image information of an anatomical structure within a body cavity is acquired during a surgical procedure;
a cleaning device attached to the imaging device, wherein the cleaning device is adapted to clean a surface of the imaging element in response to activation thereof; and
one or more processors coupled to the imaging device and the cleaning device, wherein the one or more processors are configured to: process a portion of the image information to determine cleanliness of the imaging element; and
after a determination of the imaging element exhibiting unacceptable cleanliness is made, cause the cleaning device to perform one or more instances of an imaging element cleaning operation,
wherein: the portion of the image information includes an image of the anatomical structure within the body cavity;
the one or more processors being configured to process the portion of the image information includes the one or more processors being configured to correlate the image to one or more visual clarity scored reference images each having a respective visual clarity determined to be visually equivalent to the image; and
each of said scored reference images has a score one of rating cleanliness of an imaging element used for acquiring a respective one of said reference images and ranking cleanliness of an imaging element used for acquiring a respective one of said reference images.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
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/PETER D LE/
Primary Examiner, Art Unit 2488
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