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 .
DETAILED ACTION
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 1-19 of U.S. Patent No. 12,069,108. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed limitations of the present claims are broader and similar in scope to that of the claims of U.S. Patent No. 12,069,108 with different in wording variations. For example:
Claim 1 of the present invention
Claim 1 of U.S. Patent No. 12,069,108
A computer-implemented method for improving reliability of end-to-end encryption in a video conference, the method comprising:
receiving, by a computing system, content transmitted from a client computing device associated with one participants of the video conference;
evaluating, by the computing system, one or more parameters or characteristics of the content received from the client computing device;
detecting, by the computing system, an error event when the one or more parameters or characteristics of the content are unaligned with an encryption expectation associated with the client computing device, wherein the content comprises at least an encrypted stream, wherein the error event comprises detecting a known byte string within the encrypted stream received from the one or more client computing devices, wherein detecting the known byte string is indicative of the content being incorrectly encrypted; and performing, by the computing system, one or more remedial operations in response to detection of the error event.
A computer-implemented method for improving reliability of end-to-end encryption in a video conference, the method comprising:
receiving, by a computing system comprising one or more computing devices, data descriptive of user input requesting initiation of a video conference comprising one or more participants;
receiving, by the computing system, content transmitted from a client computing device associated with one of the participants of the video conference;
evaluating, by the computing system, one or more parameters or characteristics of the content received from the client computing device;
detecting, by the computing system, an error event when the one or more parameters or characteristics of the content are unaligned with an encryption expectation associated with the client computing device, wherein the content comprises at least an encrypted stream, wherein the error event comprises detecting a known byte string within the encrypted stream received from the one or more client computing devices, wherein detecting the known byte string is indicative of the content being incorrectly encrypted; and performing, by the computing system, one or more remedial operations in response to detection of the error event.
From the above claim comparison, the limitations of the present claim 1 are covered/anticipated by that of the claim 1 of U.S. Patent No. 12,069,108. Independent claims 11 and 16 are counterpart of method claim 1 and also corresponding to claims 10 and 15 of U.S. Patent No. 12,069,108, respectively. Therefore, rejected for the same reason addressed above. The remaining depending claims are directly or indirectly correspond to at least the dependent claims of U.S. Patent No. 12,069,108.
Allowable Subject Matter
Claims 1-20 would be allow upon filing of a Terminal or eTerminal Disclaimer to and/or overcoming the above Double Patenting Rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOC DUC TRAN whose telephone number is (571) 272-7511. The examiner can normally be reached Monday-Friday 8:30am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached on (571) 272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quoc D Tran/
Primary Examiner, Art Unit 2691
January 21, 2026