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 .
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/05/2024 was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
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 1-20 of U.S. Pat. 12,056,482. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the instant claims is anticipated by the patented claims. For example, compare instant claim 1 and patented claim 1:
U.S. Pat. 12,056,482
App. No. 18/794,481
1. A mobile computing device comprising:
1. A mobile computing device comprising:
at least one memory comprising mobile application instructions;
at least one memory comprising mobile application instructions; and
a graphics processing unit (GPU); and
at least one processing device configured for executing the mobile application instructions, wherein the mobile application instructions cause the at least one processing device to perform operations comprising:
at least one processing device configured for executing the mobile application instructions, wherein the mobile application instructions cause the at least one processing device to perform operations comprising:
creating a local update packet associated with a state container;
creating a local update packet associated with a state container;
storing the local update packet in the memory of the mobile computing device;
storing the local update packet in the memory of the mobile computing device;
establishing, via a network, a network connection with a remote application server, thereby causing the mobile computing device to enter an online mode;
establishing, via a network, a network connection with a remote application server, thereby causing the mobile computing device to enter an online mode;
synchronizing the memory of the mobile computing device with the remote application server, the synchronizing comprising:
synchronizing the memory of the mobile computing device with the remote application server, the synchronizing comprising:
receiving, from the remote application server, a first packet associated with the state container;
receiving, from the remote application server, a first packet associated with the state container;
determining, based on at least one of a first timestamp, a first queue identifier, and a first sequence identifier, a sequence of modifications to execute on contents of the state container, the determining comprising at least one of:
determining, based on at least one of a first timestamp, a first queue identifier, a first sequence identifier, and a sequence of modifications to execute on contents of the state container, the determining comprising at least one of:
pushing, the state container or the first packet, to a remote computing device, the pushing comprising:
pushing, the state container or the first packet, to a remote computing device, the pushing comprising:
checking for a network connection with the remote computing device,
checking for the network connection with the remote computing device;
identifying a new data,
identifying a new data;
comparing that data to the state container or the first packet, and
comparing that data to the state container or the first packet; and
updating the remote computing device, and
updating the remote computing device; and
executing the sequence of modifications by:
executing the sequence of modifications by:
first modifying the contents of the state container based on the local update packet, and
first modifying the contents of the state container based on the local update packet; and
second modifying the first modified contents of the state container based on a remote update packet; and
second modifying the first modified contents of the state container based on a remote update packet; and
initiating display of, using the GPU, a graphical user interface representation of the second modified contents of the state container to a user of the mobile computing device.
initiating display of, data associated with the second modified contents of the state container to a user of the mobile computing device.
Instant claim 11 is parallel in scope to instant claim 1 and similarly anticipated by patented claim 11. Instant claims 2-10 and 12-20 are similarly anticipated by patented claims 2-10 and 12-20, respectively.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Pat. 11,782,698. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the instant claims is anticipated by the patented claims. For example, compare instant claim 1 and patented claim 1:
U.S. Pat. 11,782,698
App. No. 18/794,481
1. A mobile computing device comprising:
1. A mobile computing device comprising:
at least one memory comprising mobile application instructions;
at least one memory comprising mobile application instructions; and
a graphics processing unit (GPU); and
at least one processing device configured for executing the mobile application instructions, wherein the mobile application instructions cause the at least one processing device to perform operations comprising:
at least one processing device configured for executing the mobile application instructions, wherein the mobile application instructions cause the at least one processing device to perform operations comprising:
creating, while in an offline mode such that the mobile computing device is disconnected from a remote application server, a local update packet associated with a state container;
creating a local update packet associated with a state container;
storing the local update packet in the memory of the mobile computing device;
storing the local update packet in the memory of the mobile computing device;
establishing, via a network, a network connection with the remote application server, thereby causing the mobile computing device to enter an online mode;
establishing, via a network, a network connection with a remote application server, thereby causing the mobile computing device to enter an online mode;
synchronizing the memory of the mobile computing device with the remote application server, the synchronizing comprising:
synchronizing the memory of the mobile computing device with the remote application server, the synchronizing comprising:
receiving, from the remote application server, a first packet associated with the state container;
receiving, from the remote application server, a first packet associated with the state container;
determining, based on at least one of a first timestamp, a first queue identifier, and a first sequence identifier, a sequence of modifications to execute on contents of the state container, the determining comprising at least one of:
determining, based on at least one of a first timestamp, a first queue identifier, a first sequence identifier, and a sequence of modifications to execute on contents of the state container, the determining comprising at least one of:
pushing, the state container or the first packet, to a remote computing device, the pushing comprising:
pushing, the state container or the first packet, to a remote computing device, the pushing comprising:
checking for a network connection with the remote computing device,
checking for the network connection with the remote computing device;
identifying a new data,
identifying a new data;
comparing that new data to the state container or the first packet, and
comparing that data to the state container or the first packet; and
updating the remote computing device, and
updating the remote computing device; and
executing the sequence of modifications by:
executing the sequence of modifications by:
first modifying the contents of the state container based on the local update packet, and
first modifying the contents of the state container based on the local update packet; and
second modifying the first modified contents of the state container based on a remote update packet; and
second modifying the first modified contents of the state container based on a remote update packet; and
initiating display of using the GPU, a graphical user interface representation of the second modified contents of the state container to a user of the mobile computing device.
initiating display of, data associated with the second modified contents of the state container to a user of the mobile computing device.
Instant claim 11 is parallel in scope to instant claim 1 and similarly anticipated by patented claim 11. Instant claims 2-10 and 12-20 are similarly anticipated by patented claims 2-10 and 12-20, respectively.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “determining, based on at least one of at first timestamp, a first queue identifier, a first sequence identifier, and a sequence of modifications to execute on contents of the state container, the determining comprising at least one of” (line 14), which is unclear, as what is being determined in this step is not recited. In light of claim 11, Examiner suggests the amendment “determining, based on at least one of at first timestamp, a first queue identifier, and a first sequence identifier, [[and]] a sequence of modifications to execute on contents of the state container, the determining comprising at least one of”. Claims 2-10 are rejected as depending from claim 1 and under the same rationale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH R MANIWANG whose telephone number is (571)270-7257. The examiner can normally be reached 8:30AM - 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wing F Chan can be reached at (571) 272-7493. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH R MANIWANG/Primary Examiner, Art Unit 2441