DETAILED ACTION
1. 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
2. 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 obviousness-type 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); 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 conflicting 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. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 9, and 17 of U.S. Patent No. 11,363,088 and U.S.Patent No.: 12,047,430. Although the conflicting claims are not identical, they are not patentably distinct from each other because independent claims 1, 9, and 17 of 11,363,088, U.S.Patent No.: 12,047,430, and independent claims 1, 8, and 15 of the present application share the following a method and a system A method comprising: in response to a request to remove a background from a first video stream generated by a first attendee apparatus, generating and transmitting, by the first attendee apparatus, a modified first video stream, the modified first video stream based on removing the background from the first video stream; receiving, by the first attendee apparatus from a second attendee apparatus, (i) a second video stream having a background and (ii) an instruction to relocate the modified first video stream within the background; and relocating, by the first attendee apparatus, the modified first video stream within the background based on the instruction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amal Zenati whose telephone number is 571-270-1947. The examiner can normally be reached on 8:00 -5:00 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached on 571- 272- 7488. The fax phone number for the organization where this application or proceeding is assigned is 571- 273-8300.
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/AMAL S ZENATI/Primary Examiner, Art Unit 2656