DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
2. This Office Action is in response to the applicant’s Argument/Remarks submitted on May 11, 2026.
Response to Arguments
3. Applicant’s arguments, see Remarks filed May 11, 2026, with respect to the double patenting of the “same invention” rejection of claims 21-40 are under a statutory type (35 U.S.C. 101) double patenting rejection have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a Non-statutory type (35 U.S.C. 101) double patenting rejection is applied to reject all the pending claims.
Double Patenting
4. 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.
5. Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18, and 20-21 of prior U.S. Patent No. 12,032,818 B2. Although the current independent claims do not show “monitor a distance travelled …” as shown in the patent claims. Thus, it would have been obvious to modify (adding or removing) such elements from the claims, because the removal/adding of limitations from claims do not affect the remained claims methodology and/or structure.
US App. No. 18/660,246
U.S. Patent No. 12,032,818 B2.
21. An apparatus comprising: a display; a touch panel; a processor; and a non-transitory computer-readable medium encoded with instructions which, when executed by the processor, cause the apparatus to: display, in a region of the display, a portion of a scrollable display object including a plurality of respective items; detect a movement operation in which an operating object moves at least partially in a first direction along the touch panel while in contact with the touch panel; determine, during the movement operation, whether an edge of the display object has reached the region of the display; when, during the movement operation, the edge of the display object has not reached the region, scroll the display object in the first direction within the region; when, during the movement operation, the edge of the display object has reached the region, refrain from moving the edge of the display object in the first direction; detect, during the movement operation, an overdrag operation in which the operating object moves at least partially in the first direction at a time after the edge of the display object has reached the region of the display; and
in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, modify a shape of at least two items of the plurality of items with different amounts of shape change, wherein the different amounts of shape change are determined based on a distance travelled by the operating object along the touch panel during the overdrag operation.
22. The apparatus of claim 21, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, modify, based on the distance, a length of the at least two items of the plurality of items.
23. The apparatus of claim 22, wherein the length of the at least two items is increased based on an increase in the distance.
24. The apparatus of claim 21, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, display, under control of the operating object, a graphic element in the region of the display; monitor a characteristic of the detected movement of the operating object during the movement operation; and modify at least one feature of the graphic element during the movement operation based on changes to the monitored characteristic.
25. The apparatus of claim 24, wherein the at least one modified feature of the graphic element further comprises a size of the graphic element.
26. The apparatus of claim 24, wherein the at least one modified feature of the at least two items further comprises a length of the graphic element.
27. The apparatus of claim 21, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, display, under control of the operating object, a graphic element in the region of the display.
28. The apparatus of claim 27, wherein the instructions that cause the apparatus to display the graphic element in the region comprise additional instructions which, when executed by the processor, cause the apparatus to: display the graphic element in an orientation that depends on a direction of the overdrag operation.
29. The apparatus of claim 27, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: modify a shape of the graphic element based on an extent of the overdrag operation.
30. The apparatus of claim 29, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: modify a size of the graphic element based on the extent of the overdrag operation.
31. The apparatus of claim 30, wherein the graphic element comprises a curved shape and a degree of curvature of the curved shape is updated based on an extent of the overdrag operation, and wherein the instructions that cause the apparatus to display the graphic element in the region comprise additional instruction which, when executed by the processor, cause the apparatus to: orient the curved shape in the region in a direction corresponding to a direction of the overdrag operation.
32. The apparatus of claim 31, wherein the graphic element further comprises a flat edge located opposite to the curved shape, and the instructions that cause the apparatus to display the graphic element in the region comprise additional instruction which, when executed by the processor, cause the apparatus to: display the graphic element in the region so that the curved shape is oriented in a direction of the overdrag operation.
33. The apparatus of claim 32, wherein the graphic element comprises a shaded area.
34. The apparatus of claim 29, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: identify an end of the movement operation; and cease displaying the graphic element in the region in response to identifying the end of the movement operation.
35. The apparatus of claim 29, wherein the instructions that cause the processor to cease displaying the graphic element include instructions that, when executed by the processor, cause the graphic element to gradually fade out from the region.
36. The apparatus of claim 29, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: display, under control of the operating object and in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, the graphic element in the region that at least partially overlays at least one item of the plurality of items, the at least one item being located adjacent the edge.
37. The apparatus of claim 21, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: display, in the region of the display, a separator line for separating the plurality of items, wherein a direction of the separator line is orthogonal to the first direction of the overdrag operation.
38. The apparatus of claim 21, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, modify, based on the distance, the shape of at least two items of the plurality of items.
39. A non-transitory computer-readable medium for use with an apparatus including a display, a touch panel, and a processor, wherein the computer-readable medium is encoded with instructions which, when executed by the processor, cause the apparatus to: display, in a region of the display, a portion of a scrollable display object including a plurality of respective items; detect a movement operation in which an operating object moves at least partially in a first direction along the touch panel while in contact with the touch panel; determine, during the movement operation, whether an edge of the display object has reached the region of the display; when, during the movement operation, the edge of the display object has not reached the region, scroll the display object in the first direction within the region; when, during the movement operation, the edge of the display object has reached the region, refrain from moving the edge of the display object in the first direction; detect, during the movement operation, an overdrag operation in which the operating object moves at least partially in the first direction at a time after the edge of the display object has reached the region of the display; and in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, modify a shape of at least two items of the plurality of items with different amounts of shape change, wherein the different amounts of shape change are determined based on a distance travelled by the operating object along the touch panel during the overdrag operation.
40. A method for operating an apparatus including a display and a touch panel, the method comprising: displaying, in a region of the display, a portion of a scrollable display object including a plurality of respective items; detecting a movement operation in which an operating object moves at least partially in a first direction along the touch panel while in contact with the touch panel; determining, during the movement operation, whether an edge of the display object has reached the region of the display; scrolling, when the edge of the display object has not reached the region during the movement operation, the display object in the first direction within the region;
refraining, when the edge of the display object has reached region during the movement operation, from moving the edge of the display object in the first direction; detecting, during the movement operation, an overdrag operation in which the operating object moves at least partially in the first direction at a time after the edge of the display object has reached the region of the display; and
modifying, in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, a shape of at least two items of the plurality of items with different amounts of shape change, wherein the different amounts of shape change are determined based on a distance travelled by the operating object along the touch panel during the overdrag operation.
1. An apparatus comprising: a display; a touch panel; a processor; and a non-transitory computer-readable medium encoded with instructions which, when executed by the processor, cause the apparatus to: display, in a region of the display, a portion of a scrollable display object including a plurality of respective items; detect a movement operation in which an operating object moves at least partially in a first direction along the touch panel while in contact with the touch panel; determine, during the movement operation, whether an edge of the display object has reached the region of the display; when, during the movement operation, the edge of the display object has not reached the region, scroll the display object in the first direction within the region; when, during the movement operation, the edge of the display object has reached the region, refrain from moving the edge of the display object in the first direction; detect, during the movement operation, an overdrag operation in which the operating object moves at least partially in the first direction at a time after the edge of the display object has reached the region of the display; monitor a distance travelled by the operating object along the touch panel during the overdrag operation; and in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, modify a shape of at least two items of the plurality of items with different amounts of shape change, wherein the different amounts of shape change are determined based on the monitored distance.
2. The apparatus of claim 1, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, modify, based on the distance, a length of the at least two items of the plurality of items.
3. The apparatus of claim 2, wherein the length of the at least two items is increased based on an increase in the distance.
4. The apparatus of claim 1, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, display, under control of the operating object, a graphic element in the region of the display; monitor a characteristic of the detected movement of the operating object during the movement operation; and modify at least one feature of the graphic element during the movement operation based on changes to the monitored characteristic.
5. The apparatus of claim 4, wherein the at least one modified feature of the graphic element further comprises a size of the graphic element.
6. The apparatus of claim 4, wherein the at least one modified feature of the at least two items further comprises a length of the graphic element.
7. The apparatus of claim 1, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, display, under control of the operating object, a graphic element in the region of the display.
8. The apparatus of claim 7, wherein the instructions that cause the apparatus to display the graphic element in the region comprise additional instructions which, when executed by the processor, cause the apparatus to: display the graphic element in an orientation that depends on a direction of the overdrag operation.
9. The apparatus of claim 7, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: modify a shape of the graphic element based on an extent of the overdrag operation.
10. The apparatus of claim 9, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: modify a size of the graphic element based on the extent of the overdrag operation.
11. The apparatus of claim 10, wherein the graphic element comprises a curved shape and a degree of curvature of the curved shape is updated based on an extent of the overdrag operation, and wherein the instructions that cause the apparatus to display the graphic element in the region comprise additional instruction which, when executed by the processor, cause the apparatus to: orient the curved shape in the region in a direction corresponding to a direction of the overdrag operation.
12. The apparatus of claim 11, wherein the graphic element further comprises a flat edge located opposite to the curved shape, and the instructions that cause the apparatus to display the graphic element in the region comprise additional instruction which, when executed by the processor, cause the apparatus to: display the graphic element in the region so that the curved shape is oriented in a direction of the overdrag operation.
13. The apparatus of claim 12, wherein the graphic element comprises a shaded area.
14. The apparatus of claim 9, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: identify an end of the movement operation; and cease displaying the graphic element in the region in response to identifying the end of the movement operation.
15. The apparatus of claim 9, wherein the instructions that cause the processor to cease displaying the graphic element include instructions that, when executed by the processor, cause the graphic element to gradually fade out from the region.
16. The apparatus of claim 9, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: display, under control of the operating object and in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, the graphic element in the region that at least partially overlays at least one item of the plurality of items, the at least one item being located adjacent the edge.
17. The apparatus of claim 1, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: display, in the region of the display, a separator line for separating the plurality of items, wherein a direction of the separator line is orthogonal to the first direction of the overdrag operation.
18. The apparatus of claim 1, wherein the computer-readable medium is encoded with additional instructions which, when executed by the processor, further cause the apparatus to: in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, modify, based on the distance, the shape of at least two items of the plurality of items.
19. The apparatus of claim 1, wherein the different amounts of shape change are determined based on the monitored distance and ascending order of distance from the edge of the at least two items.
20. A non-transitory computer-readable medium for use with an apparatus including a display, a touch panel, and a processor, wherein the computer-readable medium is encoded with instructions which, when executed by the processor, cause the apparatus to: display, in a region of the display, a portion of a scrollable display object including a plurality of respective items; detect a movement operation in which an operating object moves at least partially in a first direction along the touch panel while in contact with the touch panel; determine, during the movement operation, whether an edge of the display object has reached the region of the display; when, during the movement operation, the edge of the display object has not reached the region, scroll the display object in the first direction within the region; when, during the movement operation, the edge of the display object has reached the region, refrain from moving the edge of the display object in the first direction; detect, during the movement operation, an overdrag operation in which the operating object moves at least partially in the first direction at a time after the edge of the display object has reached the region of the display; monitor a distance travelled by the operating object along the touch panel during the overdrag operation; and in response to detecting the overdrag operation and before the operating object releases contact with the touch panel, modify a shape of at least two items of the plurality of items with different amounts of shape change, wherein the different amounts of shape change are determined based on the monitored distance.
21. A method for operating an apparatus including a display and a touch panel, the method comprising: displaying, in a region of the display, a portion of a scrollable display object including a plurality of respective items; detecting a movement operation in which an operating object moves at least partially in a first direction along the touch panel while in contact with the touch panel; determining, during the movement operation, whether an edge of the display object has reached the region of the display; scrolling, when the edge of the display object has not reached the region during the movement operation, the display object in the first direction within the region;
refraining, when the edge of the display object has reached region during the movement operation, from moving the edge of the display object in the first direction; detecting, during the movement operation, an overdrag operation in which the operating object moves at least partially in the first direction at a time after the edge of the display object has reached the region of the display; monitoring a distance travelled by the operating object along the touch panel during the overdrag operation; and
modifying, in response to detecting the overdrag operation and before the operating object releases contact with the touch panel a shape of at least two items of the plurality of items with different amounts of shape change, wherein the different amounts of shape change are determined based on the monitored distance.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TADESSE HAILU whose telephone number is (571)272-4051; and the email address is Tadesse.hailu@USPTO.GOV. The examiner can normally be reached Monday- Friday 9:30-5:30 (Eastern time).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bashore, William L. can be reached (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TADESSE HAILU/Primary Examiner, Art Unit 2174
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