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 Arguments
Applicant’s arguments with respect to claims 2-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 and 10-11 of U.S. Patent No. Patent No. US 11,546,509. Although the claims at issue are not identical, they are not patentably distinct from each other because, see the following table as outlined below.
Instant Application 18/783,653
Patent No. US 12,075,168 B2
2. (Currently Amended) A mobile terminal comprising: a display configured to have a first region and a second region and include a touch panel; a first camera configured to capture an image within a predetermined range on back side of the mobile terminal; a second camera configured to capture an image within a predetermined range on front side of the mobile terminal, which is the same side as the side on which the display is mounted; wireless communication circuitry configured to communicate with a network; mobile communication circuitry configured to transmit and receive data to/ from a base station of a mobile telecommunication network; a GPS signal receiver configured to receive a signal from GPS and measure a current position of the mobile terminal; a storage configured to store a plurality of application programs; and a controller configured to: segment and extract a first image from a second image stored in a memory based on a predetermined condition; execute an application program stored in the storage; update the application program by downloading from a server in the network; display the first image, which is segmented and extracted by the controller from the second image, in the first region of the display; display an image of an application corresponding to the application program, which is executed by the controller, in the second region of the display; and perform superposition process to display, wherein a storing format of the first image, being segmented and extracted from the second image, is a different storing format from a storing format of the second image.
1. A mobile terminal comprising: a display configured to have first region and second region and include a touch panel; a first camera configured to capture an image within a predetermined range on back side of the mobile terminal; a second camera configured to capture an image within a predetermined range on front side of the mobile terminal, which is same side as the display is mounted on; a wireless communication circuitry configured to communicate with a network; a mobile communication circuitry configured to transmit and receive data to/from a base station of mobile telecommunication network; a GPS signal receiver configured to receive a signal from GPS and measure a current position of the mobile terminal; a storage configured to store a plurality of application programs; and a controller configured to: segment and extract a first image from a second image stored in a memory based on a predetermined condition; execute an application program stored in the storage; and update the application program by downloading from a server in the network; display the first image, which is segmented and extracted by the controller from the second image, in the first region of the display; display an image of application, which is executed by the controller, in the second region of the display; and perform superposition process to display, wherein a number of pixels of the first image is corresponding to a number of pixels of an area within the second image, the area being segmented and extracted by the controller.
3. (Previously Presented) The mobile terminal according to mobile terminal according to further comprising an acceleration sensor and a gyro sensor, wherein the predetermined condition is a traveling direction of the mobile terminal, which is calculated by the controller based on sensed results of the acceleration sensor and/or the gyro sensor.
2. The mobile terminal according to claim 1, further comprising an acceleration sensor and a gyro sensor, wherein the predetermined condition is a traveling direction of the mobile terminal, which is calculated by the controller based on sensed results of the acceleration sensor and/or the gyro sensor.
4. (Previously Presented) The mobile terminal according to claim 3, mobile wherein the storage is further configured to store map data which is downloaded via the wireless communication circuitry, and wherein the traveling direction of the mobile terminal is calculated based on the sensed results and road direction information included in the map data.
3. The mobile terminal according to the claim 2, wherein the storage is further configured to store a map data which is downloaded via the wireless communication circuitry, and wherein the traveling direction of the mobile terminal is calculated based on the sensed results and a road direction information included in the map data.
5. (Currently Amended) The mobile terminal according to claim 2, wherein the application program executed by the controller is for gaming, phone calling, internet browsing or image viewing.
4. The mobile terminal according to the claim 1, wherein the application executed by the controller is for gaming, phone calling, internet browsing or image viewing.
6. (Currently Amended) The mobile terminal according to claim 2, wherein the storage is further configured to store an image data which is generated from the image captured by the first camera and/or second camera.
5. The mobile terminal according to the claim 1, wherein the storage is further configured to store an image data which is generated from the image captured by the first camera and/or second camera.
7. (Previously Presented) The mobile terminal according to claim 2, wherein the controller is a CPU.
6. The mobile terminal according to the claim 1, wherein the controller is CPU.
8. (Previously Presented) The mobile terminal according to claim2, wherein the current position of the mobile terminal is further measured by using a signal received via the mobile communication circuitry.
7. The mobile terminal according to the claim 1, wherein the current position of the mobile terminal is further measured by using a signal received via the mobile communication circuitry.
10. (Previously Presented) The mobile terminal according to claim 2, further comprising a USB connector, wherein the controller is further configured to communicate with a personal computer via the USB connector.
10. The mobile terminal according to the claim 1, further comprising a USB connector, wherein the controller is further configured to communicate with a personal computer via the USB connector.
11. (Previously Presented) The mobile terminal according to claim 2, further comprising a proximity wireless communication circuitry, wherein the proximity wireless communication circuitry is configured to transmit and receive a radio signal which is based on NFC standard or Bluetooth standard.
11. The mobile terminal according to the claim 1, further comprising a proximity wireless communication circuitry, wherein the proximity wireless communication circuitry is configured to transmit and receive a radio signal which is based on NFC standard or Bluetooth standard.
Claims 12-17 and 19-20 list all similar elements of claims 2-6, 8 and 10-11, but in method form rather than mobile a terminal form. Therefore, the supporting rationale of the rejection to claims 2-6, 8 and 10-11 applies equally as well to claims 12-17 and 19-20.
In regarding to claims 9 and 18
US 11,546,509 teach all respective limitations of each respective instant claim with the exception of the limitation “wherein the image data is stored in JPEG format with time stamp information”, However Laakmann teaches “an image (which may be represented as a JPEG image), and the associated tag and timestamp”.
Laakman, 0028, emphasis added.
Accordingly, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Laakmann with US 11,546,509 in order wherein the image data is stored in JPEG format with time stamp information, as such, the systems and methods better facilitate the transfer of data between records systems…--0008.
Conclusion
THIS ACTION IS MADE FINAL. 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 DANIEL T TEKLE whose telephone number is (571)270-1117. The examiner can normally be reached Monday-Friday 8:00-4:30 ET.
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/DANIEL T TEKLE/Primary Examiner, Art Unit 2481