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 .
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 1-17 of U.S. Patent No. 12,008,997 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.
Patented claim 1 recites a conferencing system for determining a participant's status during a conference which perform the feature of wherein the ranking engine is configured to identify one or both of (a) whether the participant was an originator of an idea, and (b) the participant's relative rank in contribution to a topic.
The pending claim 1 recites a conferencing system for determining a participant's status during a conference which perform the similar feature of wherein the ranking engine is configured to identify one or both of (a) whether the participant was an originator of an idea, and (b) the participant's relative rank in contribution to a topic.
Pending claims 2-20 have similar limitations comparing the patented claims 2-17 as shown on the table below.
Pending claims
Patented claims
1. A conferencing system for determining a participant's status during a conference, the conferencing system comprising: a conference server configured to identify a participant and topics on which the participant comments based on data entries by the participant into a participant device assigned to the participant; one or more participant devices in communication with the conference server, wherein each participant device is assigned to a unique participant and wherein the one or more participant devices includes the participant device; a natural language processing (NLP) processor in communication with the conference server, wherein the NLP processor is configured to identify the participant and one or more topics on which the participant comments based on the participant's speech; a topics database in communication with the conference server and with the NLP processor, wherein the topics database stores one or both of the participant's speech and the participant's data entries made during the conference; and a ranking engine in communication with the topics database, wherein the ranking engine is configured to identify one or both of (a) whether the participant was an originator of an idea, and (b) the participant's relative rank in contribution to a topic; wherein the conference server alerts at least one of the one or more participant devices when an inconsistency from the conference topic is detected.
2. The conferencing system of claim 1 that further includes one or more cameras in communication with the conferencing server, wherein the one or more cameras are in communication with the conferencing server and the conferencing server is further configured to identify the participant based on the participant's appearance.
3. The conferencing system of claim 1, wherein the topics database further stores the starting time and duration of the one or both of the participant's speech and the participant's data entries made during the conference.
4. The conferencing system of claim 1, that further includes one or more microphones in communication with NLP processor, wherein the one or more microphones are configured to receive and transmit the participant's speech to the NLP processor.
5. The conferencing system of claim 1, wherein one or both of the NLP processor and the conference server is further configured to identify one or both of synonymous and semantically-similar (a) words, and (b) phrases.
6. The conferencing system of claim 1, wherein one or both of the NLP processor and the conference server is further programmed to translate words from one language into another language.
7. The conferencing system of claim 1, wherein the conference server is further configured to determine a participant's contribution to the topic by analyzing the content and length of one or both of the participant's speech and data entries.
8. The conferencing system of claim 1, wherein the conference server directs at least one of the one or more participant devices to display one or both of the name and image of the originator when the originator's idea is discussed.
9. A method for determining a participant's status during a conference, the method comprising: identifying by a conferencing server a participant and topics on which the participant comments based on data entries by the participant in a participant device assigned to the participant; identifying, by a natural language processing (NLP) processor in communication with the conference server, the participant and topics on which the participant comments based on the participant's speech; storing one or both of the participant's speech and the participant's data entries in a topics database that is in communication with the conference server; determining, by utilizing a ranking engine in communication with the topics database, one or both of (a) whether a participant was an originator of an idea, and (b) the participant's relative rank in contribution to a topic based on analyzing the content and length of one or both of the participant's speech or data entries; and the conference server identifying inconsistencies in the ranking engine identifying the originator of a topic; wherein the conference server alerts at least one of the one or more participant devices when an inconsistency from the conference topic is detected.
10. The method of claim 9 that further includes the step of the conference server communicating one or both of the name and image of the originator of the idea to at least one of the one or more participant devices when the idea is being discussed.
11. The method of claim 9 that further includes the step of saving, in a memory in communication with the conference server, one or both of (a) the originator of at least one idea, and (b) the participant's relative rank in contribution to a topic.
12. The method of claim 9, wherein one or both of the conference server and the NLP processor are further configured to filter out false positive comments about the topic.
13. The method of claim 9, wherein the inconsistencies include stated ownership of the idea by participants other than the originator of the idea.
14. The method of claim 12, wherein the conference server alerts at least one of the one or more participant devices when an inconsistency from the conference topic is detected.
15. A conferencing system for determining a participant's status during a conference, the conferencing system comprising: a tangible, non-transitory memory configured to communicate with a conference server, wherein the tangible, non-transitory memory comprises instructions stored thereon that, in response to execution by the conference server, cause the conference server to at least identify a participant and topics on which the participant comments based on data entries by the participant in a participant device assigned to the participant; one or more participant devices in communication with the conference server, wherein each of the one or more participant devices is assigned to a unique participant and the one or more participant devices includes the participant device assigned to the participant; a natural language processing (NLP) processor in communication with the conference server, wherein the NLP processor is configured to identify the participant and topics on which the participant comments based on the participant's speech; a topics database in communication with the conference server and the NLP processor, wherein the topics database stores one or both of the participant's speech and the participant's data entries made during the conference; and a ranking engine in communication with the topics database, wherein the ranking engine is configured to identify which participant was the originator of an idea; wherein the conference server alerts at least one of the one or more participant devices when an inconsistency from the conference topic is detected.
16. The conferencing system of claim 1, wherein the topics database further stores the starting time and duration of each occurrence of at least one of the one or both of the participant's speech and the participant's data entries.
17. The conferencing system of claim 15, wherein the conference server and the NLP processor are each further programmed to identify synonymous and semantically-similar terms.
18. The conferencing system of claim 15, wherein the ranking engine is further configured to identify the length of time the participant spoke about and sent data about the topic.
19. The conferencing server of claim 15, wherein one or both of the conference server and the NLP processor are further configured to filter out false positive comments about the topic.
20. The conferencing system of claim 15, wherein the ranking engine further provides dynamic status updates based on one or both of the speech and data being used during the conference to identify the originator of the idea each time the idea is discussed.
1. A conferencing system for determining a participant's status during a conference, the conferencing system comprising: a conference server configured to identify a participant and topics on which the participant comments based on data entries by the participant into a participant device assigned to the participant; one or more participant devices in communication with the conference server, wherein each participant device is assigned to a unique participant and wherein the one or more participant devices includes the participant device; a natural language processing (NLP) processor in communication with the conference server, wherein the NLP processor is configured to identify the participant and one or more topics on which the participant comments based on the participant's speech; a topics database in communication with the conference server and with the NLP processor, wherein the topics database stores one or both of the participant's speech and the participant's data entries made during the conference; and a ranking engine in communication with the topics database, wherein the ranking engine is configured to identify one or both of (a) whether the participant was an originator of an idea, and (b) the participant's relative rank in contribution to a topic; wherein one or both of the conference server and the NLP processor are further configured to filter out false positive comments about the topic.
2. The conferencing system of claim 1 that further includes one or more cameras in communication with the conferencing server, wherein the one or more cameras are in communication with the conferencing server and the conferencing server is further configured to identify the participant based on the participant's appearance.
3. The conferencing system of claim 1, wherein the topics database further stores the starting time and duration of the one or both of the participant's speech and the participant's data entries made during the conference.
4. The conferencing system of claim 1, that further includes one or more microphones in communication with NLP processor, wherein the one or more microphones are configured to receive and transmit the participant's speech to the NLP processor.
5. The conferencing system of claim 1, wherein one or both of the NLP processor and the conference server is further configured to identify one or both of synonymous and semantically-similar (a) words, and (b) phrases.
6. The conferencing system of claim 1, wherein one or both of the NLP processor and the conference server is further programmed to translate words from one language into another language.
7. The conferencing system of claim 1, wherein the conference server is further configured to determine a participant's contribution to the topic by analyzing the content and length of one or both of the participant's speech and data entries.
8. The conferencing system of claim 1, wherein the conference server directs at least one of the one or more participant devices to display one or both of the name and image of the originator when the originator's idea is discussed.
9. The conferencing system of claim 1, wherein the topics database further stores the starting time and duration of each occurrence of at least one of the one or both of the participant's speech and the participant's data entries.
10. A method for determining a participant's status during a conference, the method comprising: identifying by a conferencing server a participant and topics on which the participant comments based on data entries by the participant in a participant device assigned to the participant; identifying, by a natural language processing (NLP) processor in communication with the conference server, the participant and topics on which the participant comments based on the participant's speech; storing one or both of the participant's speech and the participant's data entries in a topics database that is in communication with the conference server; determining, by utilizing a ranking engine in communication with the topics database, one or both of (a) whether a participant was an originator of an idea, and (b) the participant's relative rank in contribution to a topic based on analyzing the content and length of one or both of the participant's speech or data entries; and the conference server identifying inconsistencies in the ranking engine identifying the originator of a topic, wherein the inconsistencies include stated ownership of the idea by participants other than the originator of the idea.
11. The method of claim 10 that further includes the step of the conference server communicating one or both of the name and image of the originator of the idea to at least one of the one or more participant devices when the idea is being discussed.
12. The method of claim 10 that further includes the step of saving, in a memory in communication with the conference server, one or both of (a) the originator of at least one idea, and (b) the participant's relative rank in contribution to a topic.
13. The method of claim 10, wherein the conference server alerts at least one of the one or more participant devices when an inconsistency from the conference topic is detected.
14. A conferencing system for determining a participant's status during a conference, the conferencing system comprising: a tangible, non-transitory memory configured to communicate with a conference server, wherein the tangible, non-transitory memory comprises instructions stored thereon that, in response to execution by the conference server, cause the conference server to at least identify a participant and topics on which the participant comments based on data entries by the participant in a participant device assigned to the participant; one or more participant devices in communication with the conference server, wherein each of the one or more participant devices is assigned to a unique participant and the one or more participant devices includes the participant device assigned to the participant; a natural language processing (NLP) processor in communication with the conference server, wherein the NLP processor is configured to identify the participant and topics on which the participant comments based on the participant's speech; a topics database in communication with the conference server and the NLP processor, wherein the topics database stores one or both of the participant's speech and the participant's data entries made during the conference; and a ranking engine in communication with the topics database, wherein the ranking engine is configured to identify which participant was the originator of an idea; wherein one or both of the conference server and the NLP processor are further configured to filter out false positive comments about the topic.
15. The conferencing system of claim 14, wherein the conference server and the NLP processor are each further programmed to identify synonymous and semantically-similar terms.
16. The conferencing system of claim 14, wherein the ranking engine is further configured to identify the length of time the participant spoke about and sent data about the topic.
17. The conferencing system of claim 14, wherein the ranking engine further provides dynamic status updates based on one or both of the speech and data being used during the conference to identify the originator of the idea each time the idea is discussed.
Response to Arguments
Applicant’s arguments, see pages 8-11, filed 05/06/2026, with respect to 35 U.S.C. § 102(a)(2) rejections have been fully considered and are persuasive. The 35 U.S.C. § 102(a)(2) rejections of claims 1-20 has been withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
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 GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached on (571) 270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
May 19, 2026
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
Prosecution Insights