DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
This action is in reply to the application filed on May 20, 2024.
Claim 1 has been cancelled.
Claims 2-18 have been added.
Claims 2-18 are pending.
This action is made Final.
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 2-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12020325. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations in claim 1 of U.S. Patent No. 12020325, as described by the allowed claims, teaches the limitations in claim 2 of Applicant’s claimed invention (see chart).
App #18/668355 (claim 2)
US Patent No. 12,020,325 (claim 1)
An apparatus comprising: an input device having a plurality of discrete input actuators for receiving user input, including at least a first and second input actuator; and
An apparatus comprising: an input device having a plurality of discrete input actuators for receiving user input, the plurality of discrete input actuators including a first input actuator and a second input actuator; and
a computing device that, based on input data received from the plurality of discrete input actuators, transceives signals with a second apparatus having a display screen that renders a graphical user interface (GUI), the GUI including a graphical selection box, a first input section, and a second input section,
a computing device to, based on input data from the plurality of discrete input actuators, send and receive signals to a second apparatus, the second apparatus comprising a display screen, the second apparatus being configured to render a graphical user interface and a graphical selection box on the display screen, the graphical user interface comprising a first input section and a second input section that borders the first input section,
wherein the first input section includes a first graphical box in which first data is displayed spanning horizontally across the first graphical box, and a first graphical selection box within the first input section that is horizontally movable to highlight at least a portion of the first data,
wherein the first input section comprises a first graphical box where first data is displayed to span across the first graphical box in a horizontal manner, and wherein a first graphical selection box of the first input section is capable of being moved across in a horizontal manner to highlight at least a portion of the first data,
wherein the second input section comprises a second graphical box where second data is displayed to span across the second graphical box in a horizontal manner, and wherein a second graphical selection box of the second input section is capable of being moved across in a horizontal manner to highlight at least a portion of the second data simultaneously with movement of the first graphical selection box within the first input section,
wherein the second input section comprises a second graphical box where second data is displayed to span across the second graphical box in a horizontal manner, and wherein a second graphical selection box of the second input section is capable of being moved across in a horizontal manner to highlight at least a portion of the second data simultaneously with movement of the first graphical selection box within the first input section, and
wherein movement of the graphical selection box of the first input section is independent of movement of the graphical selection box of the second input section,
wherein movement of the graphical selection box of the first input section is independent of movement of the graphical selection box of the second input section;
wherein the first input actuator, upon actuation, generates actuation signals representing at least up-down and left-right directions in response to movement of the first input actuator in up-down and left-right directions, respectively, which instruct the second apparatus to move the first graphical selection box in a corresponding direction within the first input section to select a first entry among the first data, and
wherein the first input actuator, upon actuation, generates actuation signals representing an up-down and left-right directions in response to movement in an up-down and left-right direction, which upon detection of movement in a given up-down or left-right direction, instructs the second apparatus to move the first graphical selection box in the given direction in the first input section to select a first entry among the first data; and
wherein the second input actuator, upon actuation, instructs the second apparatus to select a data portion highlighted by the graphical selection box in the first input section.
wherein the second input actuator, upon actuation, instructs the second apparatus to select a data portion highlighted by the graphical selection box in the first input section.
Allowance over Prior Art and Patent Eligibility
The following is a statement of reasons for the indication of allowable subject matter. Examiner’s cited reference(s) of Kemp (US 10,037,567) and Kemp (US 8,694,398) do not disclose, teach, or suggest the claimed invention. Kemp (US 10,037,567) teaches trading tools for electronic trading. Kemp (US 8,694,398) teaches click based trading with market depth display. However, the prior art of record fails to anticipate or render obvious the claimed invention. Specifically, the prior art of record fails to anticipate or render obvious the limitation of “wherein the second input section comprises a second graphical box where second data is displayed to span across the second graphical box in a horizontal manner, and wherein a second graphical selection box of the second input section is capable of being moved across in a horizontal manner to highlight at least a portion of the second data simultaneously with movement of the first graphical selection box within the first input section”, as described by the allowed claims.
The claimed invention is also patent eligible because the claimed invention is not directed to an abstract idea. The claimed invention is not directed to an abstract idea because the judicial exception of receiving user input, and sending and receiving signals to move graphical selection boxes in a graphical user interface is accompanied by the additional limitations of an input device, a computing device, a graphical user interface, and a multitude of actuators, as recited in claim 2. Similar limitations are found in claims 9 and 14. The additional limitations serve to integrate the judicial exception into the practical application of allowing simultaneous inputs that can control two separate windows in a windows-based operating system, thereby making the claimed invention patent eligible. In addition, the combined steps represent an ordered combination of steps that make the claim significantly more than the abstract idea itself.
For these reasons, claims 2-18 are deemed to be allowable over the prior art of record and patent eligible.
Conclusion
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Marynowski (US 8,725,621) discloses an automated trading system in an electronic trading exchange.
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 of 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 extension fee 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 of a general nature or relating to the status of this application or concerning this communication or earlier communications from the Examiner should be directed to John Preston whose telephone number is 571.270.3918. The Examiner can normally be reached on Monday-Friday, 9:30am-5:00pm. If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, MICHAEL ANDERSON can be reached at 571.270.0508.
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/JOHN O PRESTON/Examiner, Art Unit 3693 April 4, 2026
/Mike Anderson/Supervisory Patent Examiner, Art Unit 3693