DETAILED ACTION
Claims 21-40 are pending in the Instant Application.
Claims 21-36 are allowed.
Claims 37, 38 and 40 are rejected (Final Rejection).
Claim 39 is objected to.
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
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 37, 39 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17, 18 and 20 of U.S. Patent No. 12,007,995. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the Instant Application are broader and would encompass the claims 17, 18 and 20 in U.S. Patent No. 12,007,995. The claims are mapped as follows.
Instant Application
U.S. Patent No. 12,007,995
37. A method comprising:
storing a set of predetermined features in a database;
predicting, as part of a set of predicted query values, one or more query values that do not correspond with the set of predetermined features stored in the database;
obtaining, via a first message from a client computing device over a network, a first query value and an indicated value indicating multiple query values of the set of predicted query values comprising the one or more query values;
generating a set of queries based on the first query value and the multiple query values obtained using the indicated value and
sending, via a second message to the client computing device over a network, a value of a record to the client computing device.
17. A method comprising: obtaining a set of event values from an application executing on a client computing device;
searching a first database based on the set of event values to select a set of event types, the searching comprising selecting the set of event types such that each criterion of a set of criteria associated with the set of event types is satisfied by at least one value of the set of event values; sending, via a first message, a set of predicted query values associated with the set of event types to the application, the application comprising instructions to:
obtain a first query value and the set of predicted query values via the application; generate a second message comprising the first query value and an indicator that the set of predicted query values is entered into the application; obtaining, via the second message, the first query value and the indicator;
generating a combined query comprising the first query value and the set of predicted query values based on the indicator;
retrieving a record from a second database based on the combined query; and
sending, via a third message, a value of the record to the client computing device.
38. The method of claim 37,further comprising: obtaining a set of query parameters via a set of user interface elements of an application; obtaining a set of gaze locations indicating positions of a human eye on the application; and predicting the multiple query values based on the set of gaze locations and the set of query parameters..
18. The method of claim 17, wherein: obtaining the set of event values comprises obtaining a first subset of event values and obtaining a second subset of event values that is different from the first subset of event values; obtaining the first subset of event values comprises obtaining a set of query parameters via a set of user interface elements of the application; and obtaining the second subset of event values comprises obtaining a set of gaze locations indicating positions of a human eye on the application.
40. The method of claim 37, further comprising:
determining that a first terminal node of a second set of event types is associated with a first record within a database, wherein the second set of event types is selected based on a second set of event values; determining whether a second terminal node of a third set of event types is associated with the first record,
wherein the third set of event types is selected based on a third set of event values; in response to a
determination that the second terminal node is associated with the first record, determining a set of shared event values between the second set of event values and the third set of event values; predicting the multiple query values based on a first set of event types derived from the set of shared event values.
20. The method of claim 17, wherein the set of event values is a first set of event values, and wherein the set of event types is a first set of event types, the method further comprising:
determining that a first terminal node of a second set of event types is associated with a first record of the first database, wherein the second set of event types is selected based on a second set of event values; determining a result indicating that a second terminal node of a third set of event types is associated with the first record,
wherein the third set of event types is selected based on a third set of event values;
determining a set of shared event values between the second set of event values and the third set of event values based on the result; and generating the first set of event types based on the set of shared event values.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 01 July 2026, with respect to the prior art rejections have been fully considered and are persuasive. The 102 or 103 of claims 21-36 have been withdrawn.
Only double patenting rejections above remain.
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 KANNAN SHANMUGASUNDARAM whose telephone number is (571)270-7763. The examiner can normally be reached M-F 9:00 AM -6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Rones can be reached at (571) 272-4085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KANNAN SHANMUGASUNDARAM/Primary Examiner, Art Unit 2168
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