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 .
This communication is responsive to the correspondence filled on 07/28/2025.
Claims 1-20 are presented for examination.
IDS Considerations
The information disclosure statement (IDS) submitted on 06/26/2026, 12/29/2025 and 09/08/2025 is/are being considered by the examiner as the submission is in compliance with the provisions of 37 CFR 1.97.
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 claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission.
Claims 1 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 of US Pat. 12402775 B2.
Even though instant application does not claim “pattern of lines” instead claim “pattern of shape features”. This difference is a broader variation of US Pat. 12402775 B2 parent claim 1 and is not a patentable distinction. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art is an obvious variation of claim language because specifications of Application 19/282,448 and US Pat. 12402775 B2 points to same structure related to these claim limitations.
Instant Application 19/282,448
US Pat. 12402775 B2
1. An image enhancement system for enhancing a two-dimensional display image, the image enhancement system comprising:
image processing circuitry configured to perform operations, the operations comprising:
receiving an image signal that represents a two-dimensional camera image of a surface of an anatomical target being illuminated by light having a first pattern of shape features;
detecting, from the two-dimensional camera image, a second pattern of shape features, the second pattern of shape features including at least some shape features that are distortions of the first pattern of shape features;
determining contour information of the surface of the anatomical target based on the distortions in the second pattern of shape features compared to the first pattern of shape features;
and generating an enhanced two-dimensional image that includes the two- dimensional camera image with adjusted shading based on the contour information.
1. An image enhancement system for enhancing a two-dimensional display image, the image enhancement system comprising:
image processing circuitry configured to perform operations, the operations comprising:
receiving an image signal that represents a two-dimensional camera image of a surface of an anatomical target being illuminated by light having a first pattern of lines;
detecting, from the two-dimensional camera image, a second pattern of lines, the second pattern of lines including at least some lines that are distorted in at least one of spacing or thickness compared to the first pattern of lines;
determining contour information of the surface of the anatomical target based on the distortion of the second pattern of lines compared to the first pattern of lines;
and generating an enhanced two-dimensional image that includes the two-dimensional camera image with adjusted shading based on the contour information.
Limitations of remaining claims of instant application are obvious over US Pat. 12402775 B2. Please note 35 U.S.C. 101 allows only one patent from one patent application or invention. In that aspect all dependent claims of instant application are obvious variation of independent claim 1 as claims points to same inventive concept of specification.
In the examination of parent application, applicant filled terminal disclaimer on 03/21/2025 for US App. 18762891 (US Pat. 12402775 B2) against grandparent US App. 17/393,710 (US Pat. 12053149 B2). Applying the transitive property, claim 1 is also rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of US Pat. 12053149 B2.
Claims are not rejected under 35 USC § 103, because Buharin (U.S. Pub. No. 20230316639 A1) and Yokota (U.S. Pub. No. 20170143237 A1) are closest prior art, and claims are not obvious over prior arts when Independent claims are interpreted based on specification PGPUB paragraph [0018] and FIGS. 2A-2D.
Regarding to claim 1, 13 and 20:
1. Buharin teach an image enhancement system for enhancing a two-dimensional display image, the image enhancement (Buharin [0137] In some cases, the plurality of virtual light sources simulated by the image processing module may be repositionable to generate one or more virtual shadows in a different portion of a region of interest within the one or more two-dimensional (2D) images of the surgical scene. In some cases, the plurality of virtual light sources simulated by the image processing module may be repositionable to generate one or more virtual shadows in a different region of interest within the one or more two-dimensional (2D) images of the surgical scene.)
and generating an enhanced two-dimensional image that includes the two- dimensional camera image with adjusted shading based on the contour information. (Buharin [0049] In another aspect, the present disclosure provides a system for enhancing medical images. The system may comprise: an image processing module comprising one or more processors that, upon execution of a set of instructions stored in memory, are configured to: (i) obtain an initial image of a surgical scene and a depth map associated with the initial image; and (ii) adjust a shading of one or more pixels of the initial image based on (i) a light intensity fall-off pattern and (ii) the depth map, to generate an updated image having adjusted shading.)
Yokota teach system comprising: image processing circuitry configured to perform operations, the operations comprising: (Yokota [0073] The image of the illuminated subject is formed on the imager 31 through the objective optical system 32. Video signals sent from the imager 31 are processed by the video processor 27 and displayed on the monitor 28. The user can observe the subject from the image of the subject displayed on the monitor 28, or can save the image if necessary.)
receiving an image signal that represents a two-dimensional camera image (Yokota [0096] Steps S4 to S6 are repeated until the number of sheets of pattern projection images to be captured reaches the number N of sheets of images scheduled to be captured. At this time, in Step S5, the phase of the fringe pattern is appropriately changed and the images of the subject on which fringes with different phases are projected are captured, for example, one by one by a total number N of sheets.) of a surface of an anatomical target being illuminated by light having a first pattern of shape features; (Yokota [0023] According to a seventeenth aspect of the present invention, a measuring method is provided to perform the three-dimensional shape measurement of a subject using an endoscope apparatus. The measuring method according to the seventeenth aspect of the present invention includes projecting a predetermined fringe pattern onto the subject from one place of the endoscope apparatus; imaging a portion of the subject onto which the fringe pattern is projected, and acquiring one sheet of a fringe image; and measuring the three-dimensional shape of the portion onto which the fringe pattern is projected, from the one sheet of fringe image, using a spatial phase shift method or a Fourier transform method.)
Prior art do not teach detecting, from the two-dimensional camera image, a second pattern of shape features, the second pattern of shape features including at least some shape features that are distortions of the first pattern of shape features; determining contour information of the surface of the anatomical target based on the distortions in the second pattern of shape features compared to the first pattern of shape features;
Closely related prior art
Examiner notes teaching of U.S. Pub. No. 20140071238 A1 is/are pertinent to the independent claim(s), because it teaches 2D/3D endoscopy. However is not used because it does not teach allowable subject matter.
Conclusion
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/NASIM N NIRJHAR/Primary Examiner, Art Unit 2896
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