DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed on 3/13/2026 has been entered. Claims 6 has been canceled, claims 1-5 and 7-17 remain pending in the application. Applicant’s amendments to the claims have overcome previous 103 rejection.
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).
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1. Claim 1-5, 8 and 11-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-5 and 13-14 of U.S. Patent Application 17952060. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 in U.S. Patent Application 17952060 defines a method of receiving, from a device, a rendered frame; at a first time, receiving, from the device, a message including a second time, wherein the second time is after the first time; rendering a user interface element; before the second time, generating a combined frame by combining the user interface element with the rendered frame; and outputting the combined frame for display at the second time. It would have been obvious to one of ordinary skill in the art to notice claim 1 and 12-13 in current application and claim 1 in U.S. Patent Application 17952060 are almost identical. All the claims are essentially the same structure and perform essentially the same function, therefore unpatentable for obvious-type double patenting. Dependent claim 2-5, 8 and 11 are rejected because it’s almost identical to claim 2-5 and 13-14 of U.S. Patent Application 17952060.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim in Application 17952143
Claim in Patent Application 17952060
1. A method, comprising:
at a first device including a display screen:
receiving, from a second device separate from the first device, a rendered frame, wherein the rendered frame received from the second device includes a placeholder portion;
1. A method, comprising:
at a first device: receiving, from a second device different from the first device, a rendered frame including a placeholder portion;
receiving, from the second device, a request to modify rendering of a specific user interface element such that the specific user interface element is rendered with a first appearance, wherein the specific user interface element was rendered with a second appearance before the second device was in communication with the first device, and wherein the second appearance is different from the first appearance
at a first time, receiving, from the second device, a message including a second time, wherein the second time is after the first time;
in response to receiving the request to modify rendering of the specific user interface element, rendering, based on the request to modify rendering of the specific user interface element, the specific user interface element;
rendering a user interface element;
generating a combined frame by combining the specific user interface element rendered by the first device with the rendered frame received from the second device, wherein the combined frame includes the specific user interface element at a location corresponding to the placeholder portion;
before the second time, generating a combined frame by placing the user interface element at a location corresponding to the placeholder portion within the rendered frame; and
and displaying, via the display screen, the combined frame.
outputting the combined frame for display at the second time.
Conflicting claims numbers:
17952143
Claim 1, 12, 13
2
3
4
5
8
11
17952060
Claim 1
2
3
4
5
13
14
2. Claim 1 and 12-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent Application 18886325. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 in U.S. Patent Application 18886325 defines a method of receiving, from a device, a rendered frame; receiving, from the device, a message including an indication of one or more modifications corresponding to a user interface element; rendering the user interface element; generating a combined frame by combining the user interface element with the rendered frame; and outputting the combined frame for display. It would have been obvious to one of ordinary skill in the art to notice claim 1 and 12-13 in current application and claim 1 in U.S. Patent Application 18886325 are almost identical. All the claims are essentially the same structure and perform essentially the same function, therefore unpatentable for obvious-type double patenting.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim in Application 17952143
Claim in Patent Application 18886325
1. A method, comprising:
at a first device including a display screen:
receiving, from a second device separate from the first device, a rendered frame, wherein the rendered frame received from the second device includes a placeholder portion;
1. A method, comprising:
receiving, from a device, a rendered frame;
receiving, from the second device, a request to modify rendering of a specific user interface element such that the specific user interface element is rendered with a first appearance, wherein the specific user interface element was rendered with a second appearance before the second device was in communication with the first device, and wherein the second appearance is different from the first appearance
receiving, from the device, a message including an indication of one or more modifications corresponding to a user interface element;
in response to receiving the request to modify rendering of the specific user interface element, rendering, based on the request to modify rendering of the specific user interface element, the specific user interface element;
rendering the user interface element;
generating a combined frame by combining the specific user interface element rendered by the first device with the rendered frame received from the second device, wherein the combined frame includes the specific user interface element at a location corresponding to the placeholder portion;
generating a combined frame by combining the user interface element with the rendered frame;
and displaying, via the display screen, the combined frame.
and outputting the combined frame for display.
Allowable Subject Matter
Claims 1-5 and 7-17 are allowed if double patenting rejection can be overcome.
The following is an examiner’s statement of reasons for allowance:
Claim 1, 12 and 13 are about a first device including a display screen, receiving, from a second device separate from the first device, a rendered frame, wherein the rendered frame received from the second device includes a placeholder portion; receiving, from the second device, a request to modify rendering of a specific user interface element such that the specific user interface element is rendered with a first appearance, wherein the specific user interface element was rendered with a second appearance before the second device was in communication with the first device, and wherein the second appearance is different from the first appearance; in response to receiving the request to modify rendering of the specific user interface element, rendering, based on the request to modify rendering of the specific user interface element, the specific user interface element; generating a combined frame by combining the specific user interface element rendered by the first device with the rendered frame received from the second device, wherein the combined frame includes the specific user interface element at a location corresponding to the placeholder portion; and displaying, via the display screen, the combined frame.
Boule 20190339918, Pietryka 20210156705, and Souche 20190261054 combined cannot discloses these limitations perfectly. The applicant’s argument is persuasive. Although the individual limitations recited in the claims do exist in isolation in the prior art of record, the specific combination recited by the Applicant is found to be non-obvious. These limitations when read in light of the rest of the limitations in the claim make the claim allowable subject matter.
Claim 2-5, 7-11 and 14-17 depend on claim 1, are allowed based on same reason as claim 1.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yi Yang whose telephone number is (571)272-9589. The examiner can normally be reached on Monday-Friday 9:00 AM-6:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Hajnik can be reached on 571-272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YI YANG/
Primary Examiner, Art Unit 2616
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