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 claim 1-14 of U.S. Patent No. 11,238,047. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent recite limitations that encompass the limitations of the current application.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 11,657,054. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent recite limitations that encompass the limitations of the current application.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12,056,127. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent recite limitations that encompass the limitations of the current application.
Claim 1 of Current
Claim 1 of ‘047
Claim 1 of ‘054
Claim 1 of ‘127
1. A method comprising:
determining a co-applicant for an application of an applicant;
passing a token to a mobile device application installed on a client device of the co-applicant, the token including information based on input received from the applicant; and
pre-populating, at the client device of the co-applicant, using the token, the information.
1. A method for identifying a co-applicant based on proximity to an applicant, the method comprising:
determining a location of the applicant;
identifying a plurality of potential co-applicants that are collocated with the location of the applicant;
for each respective potential co-applicant of the plurality of potential co-applicants:
determining whether a respective edge exists on a graph that connects the applicant with the respective potential co-applicant; and
responsive to determining that the respective edge exists, identifying the respective potential co-applicant as a candidate co-applicant;
generating for display, on a device of the applicant, a selectable option that, when selected, indicates that the applicant would like to use the candidate co-applicant as a co-applicant for an application; and
responsive to detecting a selection of the selectable option:
activating the application at a device of the candidate co-applicant;
passing a token to a mobile device application installed on a client device of the candidate co-applicant, the token including information based on input received from the applicant; and
pre-populating, at the client device of the candidate co-applicant, using the token, the information.
1. A method comprising:
determining a candidate co-applicant based on of an attribute of a device of an applicant;
generating for display, on the device of the applicant, a selectable option that, when selected, indicates that the applicant would like to use the candidate co-applicant as a co-applicant for an application; and
responsive to detecting a selection of the selectable option:
activating the application at a device of the candidate co-applicant;
passing a token to a mobile device application installed on a client device of the candidate co-applicant, the token including information based on input received from the applicant; and
pre-populating, at the client device of the candidate co-applicant, using the token, the information.
1. A method comprising:
receiving a selection, based on user interaction with an interface of a device of an applicant, of a candidate co-applicant as a co-applicant for an application; and
responsive to receiving the selection:
passing a token to a mobile device application installed on a client device of the candidate co-applicant, the token including information based on input received from the applicant; and
pre-populating, at the client device of the candidate co-applicant, using the token, the information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C TRAPANESE whose telephone number is (571)270-3304. The examiner can normally be reached Monday - Friday 7am-12pm & 8pm-10pm EST.
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, Davienne Monbleau can be reached at (571)272-1945. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM C TRAPANESE/ Primary Examiner, Art Unit 2812
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