DETAILED ACTION
Summary
This office action for US Patent application 19/226764 is responsive to communications filed on August 6th, 2025. Currently, claims 1-42 are pending are presented for examination while claims 1-13 were canceled.
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 14-42 inprovisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 14-33 of copending Application No 18/418095, now US Patent 12,340,896, claim 14 of copending Application No 17/567270, now US Patent No. 11,923,073 and claim 1 of copending Application No 15/144722, now US Patent No. 10,013,527. Although the conflicting claims are not identical, they are not patentably distinct from each other because it is merely in the terminology used in both sets of claims.
Instant Application-18/418095-
Instant Application-19/226764-
14. A computer-implemented method for evaluating an anatomical surface feature ("surface feature"), the method comprising: capturing, at an image capture device, raw data characterizing the surface feature; sending the raw data from the image capture device over a wired communications link to a personal computing device that is local to the image capture device; receiving the raw data at a non-volatile storage device remote from the image capture device and the personal computing device, the raw data being received from the personal computing device; according to instructions executed at a processor of a remote server computer and/or at the personal computing device, determining one or more measurements of the surface feature based on the raw data; storing, at the non-volatile storage device remote from the image capture device and the personal computing device, the determined one or more measurements of the surface feature; and displaying the determined one or more measurements on a web-based interface.
Claim 14-33
14.A computer-implemented method for evaluating an anatomical surface feature ("surface feature"), the method comprising: capturing, at an image capture device, data characterizing the surface feature; temporarily storing the data in the image capture device; connecting the image capture device via a detachable wired communications link to a personal computing device that is local to the image capture device; sending the data from the image capture device over the wired communications link to the personal computing device; receiving the data at a non-volatile storage device remote from the image capture device and the personal computing device, the data being received from the personal computing device; according to instructions executed at a processor of a remote server computer and/or at the personal computing device, determining one or more measurements of the surface feature, based on the data; storing, at the non-volatile storage device remote from the image capture device and the personal computing device, the determined one or more measurements of the surface feature; and displaying the determined one or more measurements on a web-based interface.
Claims 15-42
Conflicting Co-pending Application 17/567270
Instant Application-19/226764-
14. A computer-implemented method for evaluating an anatomical surface feature ("surface feature") of a patient, the method comprising: capturing, using a capture device, video data including the surface feature; transmitting the captured video data from the capture device to a remote server computer; at a personal computing device, displaying on a web-based interface live image data based on the captured video data; the capture device capturing one or more data sets characterizing the surface feature; according to instructions executed at a processor of the remote server computer and/or the personal computing device, determining one or more measurements of the surface feature based on the one or more data sets; storing, at a non-volatile storage device remote from the capture device, the determined one or more measurements; and displaying the determined one or more measurements on the web-based interface.
Claim 14
14.A computer-implemented method for evaluating an anatomical surface feature ("surface feature"), the method comprising: capturing, at an image capture device, data characterizing the surface feature; temporarily storing the data in the image capture device; connecting the image capture device via a detachable wired communications link to a personal computing device that is local to the image capture device; sending the data from the image capture device over the wired communications link to the personal computing device; receiving the data at a non-volatile storage device remote from the image capture device and the personal computing device, the data being received from the personal computing device; according to instructions executed at a processor of a remote server computer and/or at the personal computing device, determining one or more measurements of the surface feature, based on the data; storing, at the non-volatile storage device remote from the image capture device and the personal computing device, the determined one or more measurements of the surface feature; and displaying the determined one or more measurements on a web-based interface.
Claims 25, 34
Conflicting Co-pending Application 15/144,722
Instant Application-19/226764-
1.A computer-implemented method for evaluating an anatomical surface feature ("surface feature"), the method comprising: receiving, at a non-volatile storage device, raw data characterizing the surface feature, wherein the data is generated at and received from a remote image capture device; according to instructions executed at a processor of a remote server computer and/or a personal computing device, determining an area of the surface feature and a volume of the surface feature based on the raw data; storing, at the non-volatile storage device remote from the image capture device, the determined area and the determined volume of the surface feature; and displaying the determined area and the determined volume on a web-based interface that is accessible via a personal computing device.
Claim 1
14.A computer-implemented method for evaluating an anatomical surface feature ("surface feature"), the method comprising: capturing, at an image capture device, data characterizing the surface feature; temporarily storing the data in the image capture device; connecting the image capture device via a detachable wired communications link to a personal computing device that is local to the image capture device; sending the data from the image capture device over the wired communications link to the personal computing device; receiving the data at a non-volatile storage device remote from the image capture device and the personal computing device, the data being received from the personal computing device; according to instructions executed at a processor of a remote server computer and/or at the personal computing device, determining one or more measurements of the surface feature, based on the data; storing, at the non-volatile storage device remote from the image capture device and the personal computing device, the determined one or more measurements of the surface feature; and displaying the determined one or more measurements on a web-based interface.
Claims 25, 34
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 14, 25 and 34 are generic to all that is recited in claims of co-pending applications. That is, claims 14, 25 and 34 are anticipated by claims of co-pending applications.
Allowable Subject Matter
Claims 14-42 is/are rejected on the ground of nonstatutory obviousness-type double patenting. However, these claims would be allowable if the obvious-type double patenting is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications form the examiner should be directed to Nam Pham, whose can be contacted by phone at (571)270-7352. The examiner can normally be reached on Mon—Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, CZEKAJ DAVID, can be reached on (571)272-7327.
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/NAM D PHAM/ Primary Examiner, Art Unit 2487
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