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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claims are not clear as to how the invention works, with respect to the specification of the instant application. The claims do not clearly recite acquiring the images from the subject, and how the acquired 2d images is used to identify a 3d image from the library. For instance the claims do not recite what the matching steps involve, if there is any percentage/threshold require to meet the matching. Hence it’s not clear how the invention works. Appropriate correction is required.
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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 12,456,198. Although the claims at issue are not identical, they are not patentably distinct from each other because both application and patent claim a system/method of accessing a subjects 2d image and comparing it with a 2d image in library and generating a 3d image from the library for diagnosis.
U. S. Application No. 19/342,452
U. S. Patent No. 12,456,198
1. A system, comprising: at least one processor; and at least one memory including program code which when executed by the at least one processor provides operations comprising: identifying, in a library including a plurality of simulated three-dimensional representations, a first simulated three-dimensional representation corresponding to a first internal anatomy of a first subject, the first simulated three-dimensional representation being identified based at least on a match between a first computed two-dimensional image corresponding to the first simulated three-dimensional representation and a two-dimensional image depicting the first internal anatomy of the first subject; and generating an output including the simulated three-dimensional representation of the first internal anatomy of the first subject.
1. One or more computing systems for determining data relating to a subject, the one or more computing systems comprising: one or more computer-readable storage mediums that store computer-executable instructions for controlling the one or more computing systems to: access a subject two-dimensional (2D) image of the subject; access a library of computed 2D images, each computed 2D image being generated based on a simulated three-dimensional (3D) representation of a simulated internal anatomy, each computed 2D image formed by simulating a quantity of radiation emitted from a simulated radiation source that passes through a simulated 3D representation onto a simulated surface, each simulated 3D representation associated with data; identify a computed 2D image that matches the subject 2D image; and output an indication of the data associated with the simulated 3D representation from which the identified computed 2D image was generated; and one or more processors for controlling the one or more computing systems to execute one or more of the computer-executable instructions.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-43 of U.S. Patent No. 11,475,570. Although the claims at issue are not identical, they are not patentably distinct from each other because both application and patent claim a system/method of accessing a subjects 2d image and comparing it with a 2d image in library and generating a 3d image from the library for diagnosis.
U. S. Application No. 19/342,452
U. S. Patent No. 11,475,570
1. A system, comprising: at least one processor; and at least one memory including program code which when executed by the at least one processor provides operations comprising: identifying, in a library including a plurality of simulated three-dimensional representations, a first simulated three-dimensional representation corresponding to a first internal anatomy of a first subject, the first simulated three-dimensional representation being identified based at least on a match between a first computed two-dimensional image corresponding to the first simulated three-dimensional representation and a two-dimensional image depicting the first internal anatomy of the first subject; and generating an output including the simulated three-dimensional representation of the first internal anatomy of the first subject.
1. A system, comprising: at least one processor; and at least one memory including program code which when executed by the at least one processor provides operations comprising: receiving two dimensional images of an internal anatomy of a subject; accessing a library that maps each of a plurality of computed two-dimensional representations of a simulated three-dimensional representation to an internal anatomy that is not derived from a first subject; for each of a plurality of computed two-dimensional representations, generating a similarity index indicating closeness of a match between the first two-dimensional image depicting the first internal anatomy of the first subject and that computed two-dimensional representation; identifying a computed two-dimensional representation based on closeness of the match as indicated by the similarity index for that computed two-dimensional representation; and generating an output including the simulated three-dimensional representation that corresponds to the identified computed two-dimensional representation as a representation of the first internal anatomy of the first subject.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY CATTUNGAL whose telephone number is (571)272-1306. The examiner can normally be reached on M-F 9-5 EST.
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/SANJAY CATTUNGAL/Primary Examiner, Art Unit 3793
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