DETAILED ACTION
Claims 1-12 are pending.
In view of the Patent Board Decision filed on 02/24/2026, PROSECUTION IS HEREBY REOPENED. A new set of rejections are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37.
A Tech Center Director has approved of reopening prosecution by signing below:
/CORDELIA P ZECHER/ Director, TC 2100
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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-12 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
The limitation including "as constructor" in claims 1, 5, and 9 was not recited in the originally filed claims and was added in an Amendment on January 3, 2024. There is nothing is the Specification which describes a "constructor" that is special method which initializes a newly created object, including paragraph 23, which is the only portion of the Specification using "constructor". See pages 12-14 of the Decision on Appeal dated February 24, 2026 as the basis of the new grounds of rejection.
Claims 2-4 are dependent on claim 1 and fail to cure the disclosure issue set forth above for claim 1. Therefore, they are rejected under the same rationale above.
Claims 6-8 are dependent on claim 5 and fail to cure the disclosure issue set forth above for claim 5. Therefore, they are rejected under the same rationale above.
Claims 10-12 are dependent on claim 9 and fail to cure the disclosure issue set forth above for claim 9. Therefore, they are rejected under the same rationale above.
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.
Claims 1-12 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
The following claim language is unclear:
Claim 1 (claims 5 and 9 respectively) states “a templated code segment as a class from which the context management object is instantiated with an identity of a requestor and a targeted application instance as constructor” Specification recites in [0023]
“[…] the templated code segment can be a class from which the context management objects 160 are instantiated with the identity of the requestor 190 and targeted one of the application instances 100 as constructor parameters”
As quoted above, the claims define a special method which initializes newly created objects. However, data values, namely “constructor parameters,” as disclosed in the specification, are not functions; therefore, the meaning of "as constructor" as defined in the claim is indefinite. See pages 12-14 of the Decision on Appeal dated February 24, 2026 as the basis of the new grounds of rejection.
Claims 2-4 are dependent on claim 1 and fail to cure the deficiencies set forth above for claim 1. Therefore, they are rejected under the same rationale above.
Claims 6-8 are dependent on claim 5 and fail to cure the deficiencies set forth above for claim 5. Therefore, they are rejected under the same rationale above.
Claims 10-12 are dependent on claim 9 and fail to cure the deficiencies set forth above for claim 9. Therefore, they are rejected under the same rationale above.
Response to Arguments
Applicant’s arguments, see Reply Brief, filed on 07/08/2025, with respect to the rejections of claims 1-12 under 35 U.S.C. section 103 have been fully considered and are withdrawn in view of Patent Board Decision on 02/24/2026. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A CHU JOY-DAVILA whose telephone number is (571)270-0692. The examiner can normally be reached Monday-Friday, 6:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aimee J Li can be reached at (571)272-4169. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A CHU JOY-DAVILA/Primary Examiner, Art Unit 2195
Prosecution Insights