DETAILED ACTION
Reissue
The present reissue application is directed to US 11,737,720 B2 (“720 Patent”). 720 Patent issued on August 29, 2023 with claims 1-8 from application 16/332,456, which is a 371 of PCT/EP2017/072840 filed on September 12, 2017 and claims priority to DE 10 2016 117 051.8 filed on September 12, 2016.
This application was filed on May 7, 2025. Since this date is after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions. Furthermore, the present application is being examined under the first inventor to file provisions of the AIA .
Applicant has not amended the claims. The status of the claims is:
Claims 1-8: Original
This is a first, non-final action.
References and Documents Cited in this Action
720 Patent (US 11,737,720 B2)
Summary of Rejections and Objections in this Action
Claims 1-8 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above.
Summary of the Claims
720 Patent is directed to an x-ray imaging device. Claim 1 is representative:
1. A system comprising:
an x-ray recording device for recording an x-ray image on a phosphor plate and
a readout device for the phosphor plate,
wherein the phosphor plate has a data carrier comprising an optically readable marking and the readout device comprises a data device for reading information items stored on the data carrier, wherein the data device is designed to capture the optically readable marking by means of the readout device.
Claims 1, 5, and 7 are the independent claims. Claim 5 recites a phosphor plate. Claim 7 recites a method for providing information items for a readout device.
Oath/Declaration
The reissue oath/declaration filed with this application is defective because the error which is relied upon to support the reissue application is not an error upon which a reissue can be based. See 37 CFR 1.175 and MPEP § 1414.
Applicant states that the reason for this reissue application is the consideration of “certain prior art information”:
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Consideration of references alone is not a proper ground for reissue. Applicant has not identified any error in the patent.
In accordance with 35 U.S.C. 251, a reissue application is filed to correct an error in the patent, where, as a result of the error, the patent is deemed wholly or partly inoperative or invalid. An error in the patent arises out of an error in conduct which was made in the preparation and/or prosecution of the application which became the patent. There must be at least one error in the patent to provide grounds for reissue of the patent. If there is no error in the patent, the patent will not be reissued.
Applicant may instead file a request for ex parte reexamination of any claim of the patent based on prior art patents or printed publications (or a request for supplemental examination based on any information that the patent owner believes to be relevant to the patent). See MPEP 2200 and 2800.
Furthermore, on page 1 of the declaration, Applicant notes that the second inventor is named on an additional sheet but Examiner was unable to find this sheet in the application file. If Applicant files a subsequent declaration, Applicant should use “Supplement Sheet for Declaration” (PTO/AIA /10) to include the second inventor, Bernd Phillips.
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Claim Rejections - 35 USC § 251
Claims 1-8 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
Information Disclosure Statement
Examiner acknowledges the Information Disclosure Statement (IDS) filed on May 7, 2025 but none of the references cited therein have been considered. Again, consideration of these references is not a proper basis for this reissue application.
Conclusion
The lack of 35 U.S.C. 102 and 35 U.S.C. 103 rejections in this Office action is not an indication of the allowability of the claims over the prior art. Examiner makes no determination at this time with respect to possible allowable subject matter.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which this reissue application is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Applicant is notified that any subsequent amendment to the specification and/or claims must comply with 37 CFR 1.173(b).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at https://www.uspto.gov/patents/laws/interview-practice.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to Examiner Christina Leung at telephone number (571) 272-3023; the Examiner’s supervisor, SPE Patricia Engle at (571) 272-6660; or the Central Reexamination Unit at (571) 272-7705.
/CHRISTINA Y. LEUNG/Primary Examiner, Art Unit 3991
Conferees:
/DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
/Patricia L Engle/SPRS, Art Unit 3991
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