DETAILED ACTION
This action is responsive to communications filed on May 22, 2024. This action is made Non-Final.
Claims 1-20 are pending in the case.
Claims 1, 8, and 15 are independent claims.
Claims 1-20 are rejected.
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 .
Information Disclosure Statement
The information disclosure statement (IDS(s)) submitted on 05/23/2024 is/are in compliance with the provisions of 37 C.F.R. 1.97. Accordingly, the IDS(s) is/are being considered by the examiner.
Claim Interpretation
Claims 15-20 recite “at least one non-transitory computer-readable storage medium.” The Specification states the "machine-readable medium" and "computer-readable medium," however, do not include transitory signals. Para. 0069. Accordingly, claims 15-20 recite statutory subject matter under 35 USC 101.
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 of U.S. Patent No. 12,026,458. Although the claims at issue are not identical, they are not patentably distinct from each other as indicated below.
18/671,083
Patent 12,026,458
1. A computer system for generating one or more templates from a
batch of documents, the computer system comprising a template generation computing
device comprising at least one memory and at least one processor, wherein the at least
one processor is configured to:
receive the batch of documents including a plurality of documents of
different document types;
generate a plurality of clusters from the batch of documents, each of the plurality of clusters including a plurality of text blocks similarly located within each document of the batch of documents
(the Examiner notes “similarly located” substantially corresponds to “substantially matching … spatial locations)
generate a plurality of document arrays, each of the plurality of document arrays corresponding to one of the plurality of clusters and including a listing
of documents containing the plurality of text blocks included in the cluster
compare each document array to other document arrays of the plurality of document arrays to determine a percentage match between matched document arrays
when the percentage match between two or more of the matched document arrays exceeds a first threshold, define one or more preliminary subset of
documents, each of the one or more preliminary subset of documents including the listing of documents included in each of the matched document arrays with the percentage matching exceeding the first threshold
(the Examiner notes “including the listing of documents included in each of the matched document arrays” substantially corresponds to “in the matching document arrays” where “each of the plurality of document arrays … includes a listing of documents)
compare the plurality of clusters corresponding to one of the matching document arrays to the plurality of clusters corresponding to other of the matching document arrays to determine a document match percentage for each of the one or more preliminary subset of documents
define one or more final subset of documents by removing any of the one or more preliminary subset of documents having the respective document match percentage below a second threshold
for each of the one or more final subset of documents, generate a template.
1. A template generation system comprising a template
generation server comprising a memory and at least one processor, wherein the at least one
processor is programmed to:
receive a batch of documents including a plurality of documents of different
document types;
identify a plurality of text blocks located within each document of the batch of
documents, wherein each text block includes a text value and a spatial location of the text block
within the document, wherein the spatial location is defined by a field box including at least two
bounding boxes;
generate a plurality of clusters, wherein each of the plurality of clusters includes the plurality of text blocks identified in each respective document, wherein each of the plurality of text blocks included in each cluster has substantially matching text values and spatial locations;
generate a plurality of document arrays, wherein each of the plurality of document arrays corresponds to one of the plurality of clusters and includes a listing of documents containing the plurality of text blocks included in the cluster
compare each document array to each other document array to determine a percentage match;
when the percentage match between two or more document arrays exceeds a first threshold, define a preliminary subset of documents including the documents included in the matching document arrays
compare the plurality of clusters corresponding to a matching document array to other plurality of clusters in each other matching document array to determine a document match percentage for each of the preliminary subset of documents
define a final subset of documents by removing any of the preliminary subset of documents having the respective document match percentage below a second threshold
for each final subset of documents, generate a template.
2. wherein the template is defined as a common framework including the plurality of text blocks that are common across each of the one or more final subset of documents.
20. … wherein the new template is a collection of the plurality of text blocks which are commonly
included in each of the new documents of the unmatched subset.
3. wherein the at least one
processor is further configured to identify the plurality of text blocks located within each document of the batch of documents, wherein each text block includes a text value and a spatial location of the text block within the document.
1. … identify a plurality of text blocks located within each document of the batch of documents, wherein each text block includes a text value and a spatial location of the text block within the document …
4. wherein the spatial location of each text block is defined by a field box including at least two bounding boxes.
1. … wherein the spatial location is defined by a field box including at least two bounding boxes …
5. wherein each of the plurality of text blocks included in each cluster has substantially matching text values and spatial locations.
1. … wherein each of the plurality of text blocks included in each cluster has substantially matching text values and spatial locations …
6. wherein the at least one processor is further configured to: generate a subset identifier for each of the one or more final subset of documents; and
assign the subset identifier to each corresponding document of the one or more final subset of documents.
4. wherein the at least one processor is further programmed to: generate a subset identifier for each identified final subset; and assign the subset identifier to each corresponding document of the final subset.
7. wherein each of the first and second thresholds is a user defined value.
6. wherein each of the threshold first and second thresholds is a user defined value.
8. Corresponds to claim 1.
9. Corresponds to claim 2.
10. Corresponds to claim 3.
11. Corresponds to claim 4.
12. Corresponds to claim 5.
13. Corresponds to claim 6.
14. Corresponds to claim 7.
15. Corresponds to claim 1.
16. Corresponds to claim 2.
17. Corresponds to claim 3.
18. Corresponds to claim 5.
19. Corresponds to claim 6.
20. Corresponds to claim 7.
As indicated above, though the claims are not identical, there exists substantial correspondence between claims of the current application and claims of the indicated patent such that the claims would be obvious in light of the claims of the indicated patent. Accordingly, claims 1-20 are rejected under nonstatutory double patenting.
Allowable Subject Matter
Claims 1-20 are allowable subject to the nonstatutory double patenting rejection indicated above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew T McIntosh whose telephone number is (571)270-7790. The examiner can normally be reached M-Th 8:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tamara Kyle can be reached at 571-272-4241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T MCINTOSH/Primary Examiner, Art Unit 2144
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