DETAILED ACTION
Application No. 18/759,099 filed on 06/28/2024 has been examined. In this Office Action, claim 1 is pending.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of patent No. 11,687,591 B2. Claim 1 of patent No. 11,687,591 B2 (e.g., receive an input data set, the input data set including information to be analyzed; generate at least one list of data subsets of the input data set, wherein generating the at least one list of data subsets of the input data set further comprises applying a heuristic to determine whether at least one data subset of the input data set includes a further notable characteristic, generating the at least one list of data subsets of the input data set further comprises determining if an adequate number of data subsets can be identified from the input data set; determine whether at least one data subset of the at least one list of data subsets contains a notable characteristic; identify at least one data pattern in the at least one list of data subsets of the input data set; sort data subsets of the at least one list of data subsets of the input data set; and display, via a user interface, the data subsets of the at least one list of data subsets, based on the sorting) contain almost similar element (e.g., receive an input data set, the input data set including information to be analyzed; generate at least one list of data subsets of the input data set, wherein generating the at least one list of data subsets of the input data set further comprises applying a heuristic to determine whether at least one data subset of the input data set includes a further notable characteristic, generating the at least one list of data subsets of the input data set further comprises determining if an adequate number of data subsets can be identified from the input data set; determine whether at least one data subset of the at least one list of data subsets contains a notable characteristic; identify at least one data pattern in the at least one list of data subsets of the input data set; sort data subsets of the at least one list of data subsets of the input data set; and display, via a user interface, the data subsets of the at least one list of data subsets, based on the sorting) of claim 1 of the instant application and as such anticipate claim 1 of the instant application.
It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify or to omit the additional elements of claim 1 to arrive at the claims 1 of the instant application because the person would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). “ ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
Truong et al discloses US 10755338 B1 System for Generating Synthetic Data for Testing or Training Artificial Intelligence Systems Comprises Multiple Memory Devices Storing Instructions and Multiple Processors Which Are Provided to Execute the Instructions.
Fan et al discloses US 2016/0026968 A1 Pattern-based Product Identification with Feedback.
Elson et al discloses US 2012/0330979 A1 SORTING A DATASET OF INCREMENTALLY RECEIVED DATA.
Hsiao et al discloses US 11106442 B1 Information Technology Networked Entity Monitoring with Metric Selection Prior To Deployment.
Waugh et al discloses US 2021/0042360 A1 YSTEMS, METHODS, COMPUTING PLATFORMS, AND STORAGE MEDIA FOR COMPARING DATA SETS THROUGH DECOMPOSING DATA INTO A DIRECTED ACYCLIC GRAPH.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammad A Sana whose telephone number is (571)270-1753. The examiner can normally be reached Monday-Friday 9-5.
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, Sanjiv Shah can be reached on 5712724098. 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.
/Mohammad A Sana/Primary Examiner, Art Unit 2166
Prosecution Insights