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 .
Response to Amendment
Receipt is acknowledged of applicant ‘s amendment filed on 8/19/25. Claims 1, 3, 4, 5, 7, 8, 10-12 amended. Claims 13-17 canceled. Claims 18-19 newly added. Claims 1-12 and 18-19 are pending and an action on the merits is as follows.
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 1-12 and 18-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 and 12-18 of U.S. Patent No. US 12393800. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the claims are obviously expressly found an implied in the instant application.
Claim 1 of the instant application recite the following limitations:
A method of encoding information of a plurality of applications for storage in a QR code, the method comprising at least: collecting the information of the plurality of applications; and encoding the information into encoded data, the encoded data including at least a header and a respective data container per application, wherein: the header comprises at least a single encoded data includes an identifier indicating a presence of the plurality of applications and a respective application identifier per application.
Whereas claim 1 of US Patent No. 12, 393, 800 claims 1.
A method of encoding information of a plurality of applications for storage in a QR code, the QR code being a single QR code and/or a plurality of linked QR codes, the method comprising at least: collecting the information of the plurality of applications; and encoding the information into encoded data, the encoded data including at least a header and a respective data container per application, wherein: the header comprises at least a single identifier indicating a presence of the plurality of applications and a respective application identifier per application.
The instant claims obviously encompass the claimed invention of the patented
application and differs only by terminology which is well within the level of one ordinary which is well within the level of one of ordinary skill in the art.
The correspondence of claims is as follows:
Claim 1 corresponds to claim 1 of US Patent 12/393, 800.
Claim 2 corresponds to claim 2 of US Patent No. 12/393, 800.
Claim 3 corresponds to claim 3 of US Patent No. 12/393, 800.
Claim 4 corresponds to claim 4 of US Patent No. 12/393, 800.
Claim 5 corresponds to claim 5 of US Patent No. 12/393, 800.
Claim 6 corresponds to claim 7 of US Patent No. 12/393, 800.
Claim 7 corresponds to claim 8 of US Patent No. 12/393, 800.
Claim 8 corresponds to claim 6 of US Patent No. 12/393, 800.
Claim 9 corresponds to claim 9 of US Patent No. 12/393, 800.
Claim 10 corresponds to claim 12 of US Patent No. 12/393, 800.
Claim 11 corresponds to claim 13 of US Patent No. 12/393, 800.
Claim 12 corresponds to claim 14 of US Patent No. 12/393, 800.
Claim 18 corresponds to claims 1 and 12 of US Patent No. 12/393, 800.
Claim 19 corresponds to claims 1 and 12 of US Patent No. 12/393, 800.
Conclusion
The following reference is cited but not relied upon:
Kwok discloses techniques associated with error correction for encoded data. In some examples, error correction code (ECC) information for the ECC encoded data may be received that indicates the ECC encoded data includes one or more errors
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SONJI N JOHNSON whose telephone number is (571)270-5266. The examiner can normally be reached 9am-9pm.
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SONJI N. JOHNSON
Examiner
Art Unit 2876
/SONJI N JOHNSON/Primary Examiner, Art Unit 2876