Prosecution Insights
Last updated: April 19, 2026
Application No. 18/531,228

METHOD TO IMPROVE SCANNER REDIRECTION PERFORMANCE WITH NESTED MODE

Non-Final OA §DP
Filed
Dec 06, 2023
Examiner
CERVETTI, DAVID GARCIA
Art Unit
2409
Tech Center
2400 — Computer Networks
Assignee
Omnissa LLC
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
98%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
990 granted / 1195 resolved
+24.8% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
27 currently pending
Career history
1222
Total Applications
across all art units

Statute-Specific Performance

§101
14.6%
-25.4% vs TC avg
§103
26.8%
-13.2% vs TC avg
§102
22.0%
-18.0% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1195 resolved cases

Office Action

§DP
DETAILED ACTION Claims 1-20 are pending and have been examined. 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. Double Patenting Claims 1-20 are provisionally rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims of copending application 18/452476 and US Patent Nos. 12028491, 12106129 , 12135977 . Although the conflicting claims are not identical, they are not patentably distinct from each other because “A scanner redirection method for a remote desktop computer system that includes a client computer, a first virtual machine (VM), and a second VM, wherein the client computer communicates with the first VM via a first remote desktop session, and the first VM communicates with the second VM via a second remote desktop session, the scanner redirection method comprising: receiving by the first VM from the second VM, a request for an image and an identifier (ID) of an image capturing device connected to the client computer; forwarding by the first VM to the client computer, the request for the image and the ID of the image capturing device, wherein in response to the request for the image, the client computer acquires the image from the image capturing device and then transmits the image to the first VM; and upon receiving the image from the client computer, transmitting by the first VM to the second VM, the image received from the client computer” (claim 1, instant application) is analogous to “A scanner redirection method for a remote desktop computer system that includes a client computer, a first virtual machine (VM), and a second VM, wherein the client computer communicates with the first VM via a first remote desktop session, and the first VM communicates with the second VM via a second remote desktop session, the scanner redirection method comprising: receiving by the first VM from the second VM, a first request for an image, wherein the first request for the image is directed to virtual image capturing software in the first VM; in response to the first request for the image being directed to the virtual image capturing software, transmitting by the first VM to the client computer, a second request for the image, wherein the second request for the image is directed to an image capturing device connected to the client computer, and wherein in response to the second request for the image, the client computer acquires the image from the image capturing device and then transmits the image to the first VM; and upon receiving the image from the client computer, transmitting by the first VM to the second VM, the image received from the client computer ” (claim 1, copending application 18/452476) and analogous to “ A scanning preview method for a remote desktop system that includes a client computing device and a remote computing device, wherein the client computing device and the remote computing device are separate computing devices each having an operating system (OS) executing therein, and the client computing device accesses a remote desktop running on the OS of the remote computing device to interact with an application running in the remote desktop, the scanning preview method comprising: in response to a user selection made via an image of a user interface (UI) of the remote desktop, transmitting the user selection from the client computing device to the remote computing device; at the client computing device, in response to a request for a preview, the request for the preview having been generated by the remote computing device based on the user selection and then transmitted to the client computing device, using a scanner core running on the OS of the client computing device to transmit a request for an image, to an image capturing device separate from the client computing device; upon the scanner core acquiring the image from the image capturing device, transmitting the acquired image from the client computing device to the remote computing device; and at the client computing device, displaying an updated image of the UI of the remote desktop received from the remote computing device, wherein the updated image of the UI includes the acquired image and was generated by the remote computing device based on the acquired image transmitted thereto ” (claim 1, patent 12028491) and analogous to “A scanner redirection method for a remote desktop system that includes a client computing device that has running therein a scanner redirection module, and a host server, the scanner redirection module including a data source manager for communicating with a data source that is configured to communicate with a physical scanner, the scanner redirection method comprising: in response to receiving by the client computing device from an application running on the host server, a request for scanner properties: acquiring by the client computing device from the data source, properties of the physical scanner that the data source acquired from the physical scanner, and then transmitting by the client computing device to the application, the properties of the physical scanner; after transmitting the properties of the physical scanner to the application, in response to receiving by the client computing device from the application, a request to adjust one of the properties of the physical scanner: transmitting by the client computing device to the data source, a request to adjust the property of the physical scanner, in response to which the data source requests the physical scanner to adjust the property of the physical scanner; after transmitting the request to adjust the property of the physical scanner to the data source, in response to receiving by the client computing device from the application, a request for a scanned image: transmitting by the client computing device to the data source, a request to acquire the scanned image from the physical scanner, in response to which the data source acquires the scanned image from the physical scanner having the adjusted property; and upon receiving the scanned image from the data source, transmitting by the client computing device to the application, the scanned image” (claim 1, patent 12106129) and analogous to “ A scanner redirection method for a remote desktop system that includes a client computing device that has running therein a scanner redirection module, and a host server, the scanner redirection module including a conversion module and including an image capture core that is configured to communicate with a physical scanner, the scanner redirection method comprising: in response to receiving from an application running on the host server, a request for scanner properties, acquiring from the image capture core, properties of the physical scanner that the image capture core acquired from the physical scanner and that are described according to a first scanning protocol; converting with the conversion module, the properties of the physical scanner to properties described according to a second scanning protocol, and then transmitting the converted properties of the physical scanner to the application; after transmitting the converted properties of the physical scanner to the application, in response to receiving from the application, a request to adjust one of the properties of the physical scanner that is described according to the second scanning protocol: converting with the conversion module, the requested adjustment of the property of the physical scanner to an adjustment of the property described according to the first scanning protocol, and then transmitting to the image capture core, a request for the converted adjustment of the property of the physical scanner, in response to which the image capture core requests the physical scanner to adjust the property of the physical scanner; in response to detecting a user selection made on an image of a user interface that shows the properties of the physical scanner transmitted to the application, transmitting the user selection to the application, in response to which a request is received from the application for a scanned image; in response to receiving the request for the scanned image from the application, transmitting a request to the image capture core to acquire the scanned image from the physical scanner, in response to which the image capture core acquires the scanned image from the physical scanner having the adjusted property; and upon receiving the scanned image from the image capture core, transmitting the scanned image to the application ” (claim 1, patent 12135977). This is a provisional obviousness-type double patenting rejection because the conflicting claims of the instant application have not in fact been patented. The claims of the conflicting patents and/or applications contain every element of claims 1-20 of the instant application and thus anticipate the claims of the instant application. Claims 1-20 of the instant application therefore are not patently distinct from the copending application claims and as such are unpatentable for obvious-type double patenting. A later patent/application claim is not patentably distinct from an earlier claim if the later claim is anticipated by the earlier claim. “A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi , 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg , 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species with that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001). “Claim 12 and Claim 13 are generic to the species of invention covered by claim 3 of the patent . Thus, the generic invention is “anticipated” by the species of the patented invention. Cf., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) (holding that an earlier species disclosure in the prior art defeats any generic claim) 4. This court’s predecessor has held that, without a terminal disclaimer, the species claims preclude issuance of the generic claim. In re Van Ornum , 686 F.2d 937, 944, 214 USPQ 761, 767 (CCPA 1982); Schneller, 397 F.2d at 354. Accordingly, absent a terminal disclaimer, claims 12 and 13 were properly rejected under the doctrine of obviousness-type double patenting.” (In re Goodman (CA FC) 29 USPQ2d 2010 (12/3/1993). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: the remaining references put forth on the PTO-892 form are directed to redirecting scanners in virtualized environments. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT David García Cervetti whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-5861 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8AM-5PM . 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, FILLIN "SPE Name?" \* MERGEFORMAT HADI S ARMOUCHE can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)270-3618 . 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. /David Garcia Cervetti/ Primary Examiner, Art Unit 2409
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Prosecution Timeline

Dec 06, 2023
Application Filed
Mar 16, 2026
Non-Final Rejection — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
98%
With Interview (+15.5%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 1195 resolved cases by this examiner. Grant probability derived from career allow rate.

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