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
This action is in response to the claimed listing filed on 08/05/2024.
Claims 1-18 are pending.
Specification
This Specification is objected to because the text [0001] in the heading Cross-Reference to Related Applications does not provide clear information of the incorporated references reflecting Application Status, such as continuation, continuation in part, provision, with Application Numbers and/or their status and/or their Patent numbers.
It would require an amendment to correct and clarify the related applications in the text.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 4-9, 10-11, 13-18 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-14 of U.S. Patent No. US12,153,512B2 (US Application: US 18/322591) .
Claims 1-14 of the current application are compared to Claims 1-2, 4-9, 10-11, 13-18 of the US Patent as follows:
Current
USPAT. No. US12,153,512B2
1. A system for automated generation of mobile device application testing sequences, comprising:
a mobile device application test controller stored in a memory of and operating on a processor of a computing device and configured to:
receive a mobile device application for testing;
load the mobile device application onto a test mobile device via one or more application programming interface;
analyze one or more display screens presented by the mobile device application to identify any user interface elements contained on the one or more display screens;
exercise one or more of the identified user interface elements to map a function of the exercised identified user interface elements;
generate a screen relationship graph from the exercise of the one or more user interface elements and their mapped functions; and
generate a recommended test sequence of any user interface elements tested from the screen relationship graph.
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2. The system of claim 1, wherein the mobile device application test controller is further configured to:
operate the mobile application using the recommended test sequence;
receive test results from the operation of the mobile application; and
store the test results in a database.
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3. The system of claim 2, further comprising a result-based learning module stored in the memory and operating on the processor, and configured to:
retrieve the test results from the database; and
analyze the test results to generate predictive insights into generalized relationships between display screens, user interface elements, and user interface element functions;
wherein the predictive insights are used to improve the operations of the mobile device application test controller in a subsequent test of a mobile device application.
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4. The system of claim 1, wherein the identification of the one or more user interface elements is based at least in part on a plurality of contextual cues found on the one or more display screens presented by the mobile application.
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5. The system of claim 4, wherein the contextual cues comprise color characteristics of the one or more user interface elements.
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6. The system of claim 4, wherein the contextual cues comprise compares text size of text strings displayed within any given user interface element to available screen area on a display screen of the one or more display screens on which that user interface element appears.
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7. The system of claim 1, wherein the mobile application test controller is further configured to:
receive the mobile device application from an external client development system;
receive an interactive set of test sequence commands from the external client development system;
transmit the interactive set of test sequence commands to the test mobile device causing the test mobile device to generate interactive test results; and
return the interactive test results to the external client development system.
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8. The system of claim 1, wherein the test mobile device is a physical mobile device and the
mobile application test controller is configured to operate the physical mobile device for testing purposes using software.
9. The system of claim 1, wherein the test mobile device is a virtual mobile device and the mobile application test controller is configured to operate the virtual mobile device for testing purposes using software.
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(Note: The above recitations “Physical mobile device” and “virtual mobile device” are intended the types of a mobile derive ----->
1. A system for automated intelligent mobile application testing comprising:
a mobile application test controller stored in a memory of and operating on a processor of a computing device and configured to:
receive a mobile application for testing from an external client development system;
load the mobile application onto a test mobile device via a plurality of standard application programming interfaces;
exercise each of a plurality of user interface elements on each of a plurality of display screens presented by the mobile application;
generate a recommended test sequence of any user interface elements tested from predictively expected behavior for that element;
exercise the mobile application using a recommended test sequence;
receive test results from the recommended test sequence associated with visual display of the user interface elements on each display screen;
communicate the test results with external client development system; and
store the test results into a screen path analyzer data store for later use in generating test sequences and test sequence priority values.
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(From claim 1)
receive test results from the recommended test sequence associated with visual display of the user interface elements on each display screen;
communicate the test results with external client development system; and
store the test results into a screen path analyzer data store for later use in generating test sequences and test sequence priority values.
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2. The system of claim 1, wherein the predictive analysis is based at least in part on a plurality of contextual cues found on a plurality of screens presented by the mobile application.
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5. The system of claim 4, wherein the test sequence associated with visual display of the user
interface elements on each display screen compares color characteristics of each component within each user interface element using intensity, contrast, and hue.
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6. The system of claim 4, wherein the test sequence associated with visual display of the user interface elements on each display screen compares test size of test strings displayed within user interface elements to available screen area available for the user interface element based upon the
font used to render the text string.
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4. The system of claim 1, wherein the mobile application test controller is further configured to:
receive an interactive set of test sequence commands from the external client development system;
transmit the interactive set of test sequence commands to the test mobile device causing the test mobile device to generate interactive test results;
store the interactive set of test commands and corresponding interactive test results into the screen path analyzer data store for later use in generating test sequences and test sequence priority values; and
return the interactive test results to the client development system.
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(Referred to the limitation in claim 1)
“receive a mobile application for testing from an external client development system”
and
“a mobile application test controller stored in a memory of and operating on a processor of a computing device”
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<-- read on the general purpose and read on the limitation “a mobile application for testing from an external client development system” in the US
Claims 10-11, 13-18 are directed to claiming method having claimed recitations corresponding to the system of claims 1-2, 3-9, and would be generalized in the same manner with claims 8-14, the method claims in the US patent.
Although the conflicting claims are not identical, by the table shown above, they are not patentably distinct from each other because both claims in the current Application and Claims in the US Patent cover the same aspects/functionality with alternative claiming terms.
Therefore, it would be obvious to an ordinary of skills before the affective filing of the claimed invention to modify claiming terms of the US Patent alternatively to extend the coverage of the invention.
Allowable Subject Matter
Claims 1-2, 4-9, 10-11, 13-18 are rejected under double patenting as addressed. The claims would be allowable providing that the Double Patenting issue addressed above is resolved.
Claims 3, 12 are objected to as being dependent on the rejected bases claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ted T Vo whose telephone number is (571)272-3706. The examiner can normally be reached 8am-4:30pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wei Y Mui can be reached at (571) 272-3708. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TTV
July 25, 2026
/Ted T. Vo/
Primary Examiner, Art Unit 2191
Prosecution Insights