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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-14 are rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1-20 of US patents 11996951 and 11595222, respectively. Please see the direct claim comparison below.
Instant application, claim 1
US 11595222, claim 1
A method for configuring a controlling device to control a target appliance that supports a multicast communications protocol, the method comprising:
receiving a communication from the target appliance;
determining that an expected vendor provided data is missing from the communication received from the target appliance;
in response to it being determined that the expected vendor provided data is missing from the communication received from the target appliance, providing at least a portion of the communication received from the target appliance to an analytics engine to determine a predicted version of the missing, expected vendor provided data; and
providing at least the predicted version of the missing, expected vendor provided data to a controlling device configuration process, the controlling device configuration process functioning to provision the controlling device with a command code set for use in communicating commands to the target appliance.
A method for configuring a controlling device to control a target appliance that supports a multicast communications protocol, the method comprising:
receiving a signature comprised of a plurality of data blocks formatted in accordance with the multicast communications protocol from the target appliance;
determining that a user has caused an originally provided vendor data in a one or more of the plurality of data blocks to be replaced with a user data;
in response to it being determined that the user has caused the originally provided vendor data in the one or more of the plurality of data blocks to be replaced with the user data, providing a representation of at least a portion of signature to an analytics engine for processing whereby the user data within the one or more of the plurality of data blocks is replaced with a predicted version of the originally provided vendor data; and
providing the predicted version of the originally provided vendor data to a controlling device configuration process, the controlling device configuration process functioning to provision the controlling device with a command code set for use in communicating commands to the target appliance.
Instant application, claim 1
US 11996951, claim 1
A method for configuring a controlling device to control a target appliance that supports a multicast communications protocol, the method comprising:
receiving a communication from the target appliance;
determining that an expected vendor provided data is missing from the communication received from the target appliance;
in response to it being determined that the expected vendor provided data is missing from the communication received from the target appliance, providing at least a portion of the communication received from the target appliance to an analytics engine to determine a predicted version of the missing, expected vendor provided data; and
providing at least the predicted version of the missing, expected vendor provided data to a controlling device configuration process, the controlling device configuration process functioning to provision the controlling device with a command code set for use in communicating commands to the target appliance.
A method for configuring a controlling device to control a target appliance that supports a multicast communications protocol, the method comprising:
receiving a signature comprised of a plurality of data blocks formatted in accordance with the multicast communications protocol from the target appliance;
determining that an expected vendor provided data is missing from the plurality of data blocks in the received signature;
in response to it being determined that the expected vendor provided data is missing from the plurality of data blocks in the received signature, providing data from at least a portion of the data blocks in the received signature to an analytics engine to determine a predicted version of the missing, expected vendor provided data; and
providing at least the predicted version of the missing, expected vendor provided data to a controlling device configuration process, the controlling device configuration process functioning to provision the controlling device with a command code set for use in communicating commands to the target appliance.
Instant
1
2
3
4
5
6
11996951
1
2
3
4
8
9
instant
7
8
9
10
11, 12
13
14
11996951
10
11
12
13
14, 15
16
20
For compact prosecution, the examiner attempted to call the application’s representative, Gary Jarosik, several times, left a voice message on April 23, 2026, to discuss the double patent issuing. However, the application’s representative did not reply at all.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure: see form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENSHENG ZHANG whose telephone number is (571)270-1985. The examiner can normally be reached Monday-Thursday 8:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at 571-272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZHENSHENG ZHANG/Primary Examiner, Art Unit 2474
Prosecution Insights