DETAILED ACTIONNotice 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 .
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 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,499,511. Although the claims at issue are not identical, they are not patentably distinct from each other because they are a broader recitation of the U.S. Patent’s claims.
Instant Application – 19/391,858
U.S. Patent No. 12,499,511
1. A medical-image processing apparatus comprising: an obtaining unit configured to obtain a medical image obtained by capturing an image of an examinee; a generation unit configured to generate, by using learning parameters selected based on a frame rate of a sensor at a time of the image capturing, a medical image of a higher image quality than an image quality of the medical image obtained by the obtaining unit, wherein the generation unit when the frame rate of the sensor is a first frame rate, uses first learning parameters to generate, in a first processing time, the medical image of a higher image quality than the image quality of the medical image obtained by the obtaining unit; and when the frame rate of the sensor is a second frame rate higher than the first frame rate, uses second learning parameters to generate, in a second processing time shorter than the first processing time, the medical image of a higher image quality than the image quality of the medical image obtained by the obtaining unit.
1. A medical-image processing apparatus comprising: an obtaining unit configured to obtain a medical image obtained by capturing an image of an examinee; a setting unit configured to associate an operation mode, including at least one of a binning count and a frame rate, of a sensor at a time of the image capturing with a learning model selected based on the operation mode of the sensor; and a generation unit configured to input the medical image to the learning model selected based on the operation mode of the sensor at the time of the image capturing to generate a medical image of a higher resolution than a resolution of the medical image, wherein the setting unit associates a second operation mode having a higher sensor operation speed than an operation speed of a first operation mode with a second learning model having a higher processing speed than a processing speed of a first learning model set in association with the first operation mode.
10. A medical-image processing apparatus comprising: an obtaining unit configured to obtain a medical image obtained by capturing an image of an examinee; a generation unit configured to generate, by using learning parameters selected based on a binning count of a sensor at a time of the image capturing, a medical image of a higher image quality than an image quality of the medical image obtained by the obtaining unit, wherein the generation unit when the binning count of the sensor is a first binning count, uses first learning parameters to generate, in a first processing time, the medical image of a higher image quality than the image quality of the medical image obtained by the obtaining unit; and when the binning count of the sensor is a second binning count higher than the first binning count, uses second learning parameters to generate, in a second processing time shorter than the first processing time, the medical image of a higher image quality than the image quality of the medical image obtained by the obtaining unit.
1. A medical-image processing apparatus comprising: an obtaining unit configured to obtain a medical image obtained by capturing an image of an examinee; a setting unit configured to associate an operation mode, including at least one of a binning count and a frame rate, of a sensor at a time of the image capturing with a learning model selected based on the operation mode of the sensor; and a generation unit configured to input the medical image to the learning model selected based on the operation mode of the sensor at the time of the image capturing to generate a medical image of a higher resolution than a resolution of the medical image, wherein the setting unit associates a second operation mode having a higher sensor operation speed than an operation speed of a first operation mode with a second learning model having a higher processing speed than a processing speed of a first learning model set in association with the first operation mode.
As can be shown above that instant application is a broader recitation and a rewording of the U.S. patent. The dependent claims are read on by various combinations of the claims in the U.S. patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zhang et al (2019/0347772) teaches the closest prior art however fails to teach the claims as a whole.
SHIRATANI (2019/0034800) teaches using different learning models with different frame rates, however fails to teach using different processing times as claimed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN A BOYD whose telephone number is (571)270-7503. The examiner can normally be reached Mon - Fri 8:00 - 5:00.
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 http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at (571) 272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/JONATHAN A BOYD/Primary Examiner, Art Unit 2627
Prosecution Insights