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 .
The following is a Final Office action in response to communications received on 01/26/2026.
Claims 1-20 have been examined.
Response to Arguments
Applicant's arguments filed on 01/26/2026 have been fully considered but they are not persuasive. As per the applicant’s arguments that U.S. Patent No. 11921846 (hereinafter ‘846 patent) cannot be used as a reference against the instant application since this application is a divisional of the ‘846 patent and presents claims 11-13 and 19 of the ‘846 patent, the examiner respectfully disagrees. In the restriction requirement issued in the parent application 16/835871 (now U.S. Patent No. 11921846), independent claims 1 and 14 were indicated as generic claims and dependent claims 3-6 and 15-16, 7-10 and 17-18, and 11-13 and 19 were indicated as belonging to different species (3-6 and 15-16 as species I, 7-10 and 17-18 as species II and 11-13 and 19 as species III). As stated by the applicant, claims 3-6 and 15-16 were elected while claims of the other two species claims were eventually cancelled. However, dependent claims 3-6 and 15-16 were never incorporated into the independent claims and despite some amendments the independent claims remained generic. Therefore, the generic claims of the ‘846 patent can be used as a reference against the present application and the double patenting rejection issued in the previous office action is valid.
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11921846 in view of US 10885089 to De Sousa Webber (hereinafter Webber).
Instant application
U.S Patent No. 11921846
1. A method comprising:
identifying, via a computing device, a pair of real sample sets corresponding to a pair of terms, each real sample set of the pair of sample sets corresponding to a term of the pair of terms, and comprising a number of real observations, the number of real observations for a term comprising, for each document in a corpus of documents, a number of occurrences of the term in the document;
determining, via the computing device, a pair of random sample sets for the pair of real sample sets, the determination comprising, for a random sample set of the pair, selecting a number of random observations from a domain of observations corresponding to the pair of real sample sets;
determining, via the computing device, a pair of perturbed sample sets corresponding to the pair of real sample sets, a first perturbed sample set of the pair comprising a first one of the pair of real sample sets and a first one of the pair of random sample sets and a second perturbed sample set of the pair comprising a second one of the pair of real sample sets and a second one of the pair of random sample sets;
determining, via the computing device, a pair of probability distributions corresponding to the pair of perturbed sample sets, a first probability distribution of the pair corresponding to the first perturbed sample set and comprising a probability for each of the number of real and random observations in the first perturbed set, a second probability of the distribution of the pair corresponding to the second perturbed sample set and comprising a probability for the each of the number of real and random observations in the second perturbed set; and
automatically generating, via the computing device, a distributional similarity measure using the pair of probability distributions corresponding to the pair of perturbed sample sets, the distribution similarity measure representing a degree of similarity between the pair of real sample sets and representing a level of semantic similarity for the pair of terms.
2. The method of claim 1, further comprising: communicating, via the computing device, the distribution similarity measure representing a degree of similarity between the pair of real sample sets in response to a request.
10. A non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions that when executed by a processor associated with a computing device perform a method comprising:
identifying a pair of real sample sets corresponding to a pair of terms, each real sample set of the pair of sample sets corresponding to a term of the pair of terms, and comprising a number of real observations, the number of real observations for a term comprising, for each document in a corpus of documents, a number of occurrences of the term in the document;
determining a pair of random sample sets for the pair of real sample sets, the determination comprising, for a random sample set of the pair, selecting a number of random observations from a domain of observations corresponding to the pair of real sample sets; determining a pair of perturbed sample sets corresponding to the pair of real sample sets, a first perturbed sample set of the pair comprising a first one of the pair of real sample sets and a first one of the pair of random sample sets and a second perturbed sample set of the pair comprising a second one of the pair of real sample sets and a second one of the pair of random sample sets;
determining a pair of probability distributions corresponding to the pair of perturbed sample sets, a first probability distribution of the pair corresponding to the first perturbed sample set and comprising a probability for each of the number of real and random observations in the first perturbed set, a second probability of the distribution of the pair corresponding to the second perturbed sample set and comprising a probability for the each of the number of real and random observations in the second perturbed set; and
automatically generating a distributional similarity measure using the pair of probability distributions corresponding to the pair of perturbed sample sets, the distribution similarity measure representing a degree of similarity between the pair of real sample sets and representing a level of semantic similarity for the pair of terms.
16. A computing device comprising: a processor; a non-transitory storage medium for tangibly storing thereon program logic for execution by the processor, the program logic comprising: identifying logic executed by the processor for identifying a pair of real sample sets corresponding to a pair of terms, each real sample set of the pair of sample sets corresponding to a term of the pair of terms, and comprising a number of real observations, the number of real observations for a term comprising, for each document in a corpus of documents, a number of occurrences of the term in the document; determining logic executed by the processor for determining a pair of random sample sets for the pair of real sample sets, the determination comprising, for a random sample set of the pair, selecting a number of random observations from a domain of observations corresponding to the pair of real sample sets;
determining logic executed by the processor for determining a pair of perturbed sample sets corresponding to the pair of real sample sets, a first perturbed sample set of the pair comprising a first one of the pair of real sample sets and a first one of the pair of random sample sets and a second perturbed sample set of the pair comprising a second one of the pair of real sample sets and a second one of the pair of random sample sets;
determining logic executed by the processor for determining a pair of probability distributions corresponding to the pair of perturbed sample sets, a first probability distribution of the pair corresponding to the first perturbed sample set and comprising a probability for each of the number of real and random observations in the first perturbed set, a second probability of the distribution of the pair corresponding to the second perturbed sample set and comprising a probability for the each of the number of real and random observations in the second perturbed set; and
generating logic executed by the processor for automatically generating a distributional similarity measure using the pair of probability distributions corresponding to the pair of perturbed sample sets, the distribution similarity measure representing a degree of similarity between the pair of real sample sets and representing a level of semantic similarity for the pair of terms.
1. A method comprising: receiving, at a computing device, a distributional similarity request associated with a pair of real sample sets, each real sample set of the pair comprising a number of real observations; determining, via the computing device, a pair of random sample sets for the pair of real sample sets,
the determination comprising, for a random sample set of the pair, selecting a number of random observations from a domain of observations corresponding to the pair of real sample sets;
determining, via the computing device, a pair of perturbed sample sets corresponding to the pair of real sample sets, a first perturbed sample set of the pair comprising a first one of the pair of real sample sets and a first one of the pair of random sample sets and a second perturbed sample set of the pair comprising a second one of the pair of real sample sets and a second one of the pair of random sample sets;
determining, via the computing device, a pair of probability distributions corresponding to the pair of perturbed sample sets, a first probability distribution of the pair corresponding to the first perturbed sample set and comprising a probability for each of the number of real and random observations in the first perturbed set, a second probability distribution of the pair corresponding to the second perturbed sample set and comprising a probability for the each of the number of real and random observations in the second perturbed set; and
automatically generating, via the computing device, a distributional similarity measure using the pair of probability distributions corresponding to the pair of perturbed sample sets, the distribution similarity measure corresponding to the pair of perturbed sample sets representing a degree of similarity between the pair of real sample sets associated with the distributional similarity request.
2. The method of claim 1, further comprising: communicating, via the computing device, the distribution similarity measure representing a degree of similarity between the pair of real sample sets in response to the request.
7. A non-transitory computer-readable storage medium tangibly encoded with computer-executable instructions that when executed by a processor associated with a computing device perform a method comprising:
receiving a distributional similarity request identifying a pair of real sample sets, each real sample set of the pair comprising a number of real observations;
determining a pair of random sample sets for the pair of real sample sets, the determination comprising, for a random sample set of the pair, selecting a number of random observations from a domain of observations corresponding to the pair of real sample sets; determining a pair of perturbed sample sets corresponding to the pair of real sample sets, a first perturbed sample set of the pair comprising a first one of the pair of real sample sets and a first one of the pair of random sample sets and a second perturbed sample set of the pair comprising a second one of the pair of real sample sets and a second one of the pair of random sample sets;
determining a pair of probability distributions corresponding to the pair of perturbed sample sets, a first probability distribution of the pair corresponding to the first perturbed sample set and comprising a probability for each of the number of real and random observations in the first perturbed set, a second probability distribution of the pair corresponding to the second perturbed sample set and comprising a probability for the each of the number of real and random observations in the second perturbed set; and
automatically generating a distributional similarity measure using the pair of probability distributions corresponding to the pair of perturbed sample sets, the distribution similarity measure corresponding to the pair of perturbed sample sets representing a degree of similarity between the pair of real sample sets associated the with distributional similarity request.
10. A computing device comprising: a processor; a non-transitory storage medium for tangibly storing thereon program logic for execution by the processor, the program logic comprising: receiving logic executed by the processor for receiving a distributional similarity request identifying a pair of real sample sets, each real sample set of the pair comprising a number of real observations;
determining logic executed by the processor for determining a pair of random sample sets for the pair of real sample sets, the determination comprising, for a random sample set of the pair, selecting a number of random observations from a domain of observations corresponding to the pair of real sample sets;
determining logic executed by the processor for determining a pair of perturbed sample sets corresponding to the pair of real sample sets, a first perturbed sample set of the pair comprising a first one of the pair of real sample sets and a first one of the pair of random sample sets and a second perturbed sample set of the pair comprising a second one of the pair of real sample sets and a second one of the pair of random sample sets;
determining logic executed by the processor for determining a pair of probability distributions corresponding to the pair of perturbed sample sets, a first probability distribution of the pair corresponding to the first perturbed sample set and comprising a probability for each of the number of real and random observations in the first perturbed set, a second probability distribution of the pair corresponding to the second perturbed sample set and comprising a probability for the each of the number of real and random observations in the second perturbed set; and
generating logic executed by the processor for automatically generating a distributional similarity measure using the pair of probability distributions corresponding to the pair of perturbed sample sets, the distribution similarity measure corresponding to the pair of perturbed sample sets representing a degree of similarity between the pair of real sample sets associated the with distributional similarity request.
In the independent claims US patent no. 11921846 does not teach: a pair of terms and the number of real observations for a term comprising, for each document in a corpus of documents, a number of occurrences of the term in the document. However, Webber teaches:
a pair of terms and the number of real observations for a term comprising, for each document in a corpus of documents, a number of occurrences of the term in the document (Webber: column 1, lines 37-55: a method enables the identification of a level of similarity between a user-provided data item and a data item within a set of data documents. The method includes generating, by a parser executing on the first computing device, an enumeration of terms occurring in the set of data documents. The method includes determining, by a representation generator executing on the first computing device, for each term in the enumeration, occurrence information including: (i) a number of data documents in which the term occurs, (ii) a number of occurrences of the term in each data document. Column 4, lines 6-10: The data items within data documents 104 may be words, numeric values, medical analyses, medical measurements, and musical notes. The data items may be strings of any type (e.g., a string including one or more numbers)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the teachings of Webber in the invention of US patent no. 11921846 to include the above limitations. The motivation to do so would be to identify of a level of similarity between a user-provided data item and a data item within a set of data documents (Webber: column 1, lines 37-39).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADHURI R HERZOG whose telephone number is (571)270-3359. The examiner can normally be reached 8:30AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taghi Arani can be reached at (571)272-3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MADHURI R. HERZOG
Primary Examiner
Art Unit 2438
/MADHURI R HERZOG/Primary Examiner, Art Unit 2438
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