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 .
This office action is in response to application 18798500 filed on August 8, 2024.
Claims 1-20 are pending.
Information Disclosure Statement
As required by M.P.E.P. 609(C), the applicant’s submission of the Information Disclosure Statement dated April 23, 2025 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P 609, a copy of the PTOL-1449 initialed and dated by the examiner is attached to the office 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 1-4, 8-11, and 15-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 15 of U.S. Patent No. 12088648B2 (hereinafter referred to as the reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 8-11, and 15-18 under examination are anticipated by claims 1 and 15 of the reference patent (see the exemplary mapping of pending claims 1-4 and claim 15 of the reference patent, similar mappings can be made to pending claims 8-11 and 15-18 and claims 1 and 15 of the reference patent).
Regarding claim 1, the reference patent recites:
A participant computing device, comprising: one or more processors; and one or more non-transitory computer-readable media that store instructions that, when executed by the one or more processors, cause the participant computing device to perform operations, the operations comprising (one or more processors ... one or more non-transitory computer-readable media that store instructions that, when executed by the one or more processors of the computing system, cause the computing system to perform operations, the operations comprising ... a presenting participant device … one or more non-presenting participant devices)(claim 15; a computing system includes participant devices (i.e., presenting and non-presenting participants):
receiving an input from a participant associated with the participant computing device that selects content for presentation to a teleconference, wherein the content is accessible from an originating location that differs from the participant computing device, wherein the content comprises an application of a computing system that is the originating location, wherein the teleconference comprises one or more additional participant devices (receiving a request to present content to a teleconference from a presenting participant device of the teleconference ... wherein the content comprises an application of the computing system ... access the content from an originating location that differs from the presenting participant device ... for each of one or more non-presenting participant devices of the teleconference)(claim 15; a presenting participant selects remote content (i.e., at a different location) to present to additional participants (i.e., non-presenting participants));
generating a request to present the content within the teleconference, wherein the request to present the content within the teleconference is descriptive of the content and the originating location (access to the content is restricted to participant devices with content access credentials … access the content from an originating location ... display the content within a shared content interface of the teleconference ... information is descriptive of a participant input)(claim 15; a request to access content for presentation is generated; data of the request includes descriptive content and originating location);
providing the request to present the content within the teleconference to one or more computing devices, wherein the request is configured to cause the one or more computing devices to provide content access credentials for the content to each of the one or more additional participant computing devices (providing, to each of one or more non-presenting participant devices of the teleconference, data that comprises interaction information ... the content access credentials for the content)(claim 15; access credentials are provided to non-presenting participants to generate presentation of the content); wherein the request is configured to cause the one or more computing devices to determine, for each of the one or more additional participant computing devices of the teleconference, that the content is presentable based on at least one criterion, wherein the at least one criterion comprises one or more of: (a) a particular file type associated with the content; or (b) an available bandwidth of the additional computing device (determining that the content is presentable based on at least one criterion, wherein the at least one criterion comprises one or more of: (a) the particular file type; or (b) an available bandwidth of the non-presenting participant device)(claim 15); and
displaying the content within a shared content interface of the teleconference, wherein the shared content interface is configured to display a view of the content that is consistent between the participant computing device and the one or more additional participant devices, and wherein the content is displayed only to the one or more additional participant computing devices that have the content access credentials (the shared content interface is configured to display a view of the content that is consistent between each participant device)(claim 15; all participant devices must have the access credentials to present a display that is consistent across all participant devices); and
sending a request to stop presenting the content, wherein the content access credentials for the one or more additional participant devices are revoked in response to the request to stop presenting the content (responsive to receiving the request to stop presenting the content, revoking the content access credentials from each of the one or more non-presenting participant devices)(claim 15; a presenting participant sends a request to stop presenting and access credentials are revoked).
Regarding claim 2, the reference patent recites:
The participant computing device of claim 1, wherein providing the request to present the content within the teleconference to the one or more computing devices comprises providing the request to present the content within the teleconference to a teleconference computing system that hosts the teleconference (A computing system … receiving a request to present content to a teleconference from a presenting participant device of the teleconference)(claim 15; a request is sent from a presenting participant to a computing system).
Regarding claim 3, the reference patent recites:
The participant computing device of claim 1, wherein providing the request to present the content within the teleconference to the one or more computing devices comprises providing the request to present the content within the teleconference to a computing device comprising the originating location (access the content from an originating location that differs from the presenting participant device)(claim 15; content is accessed from a remote location (i.e., an origination computing device).
Regarding claim 4, the reference patent recites:
The participant computing device of claim 3, wherein the request to present the content within the teleconference comprises a unit of software instructions that is configured to cause a participant device to:
access the content from the originating location that differs from the participant computing device (access the content from an originating location that differs from the presenting participant device)(claim 15); and
display a view of the content within the shared content interface of the teleconference consistent with the view of the content at the shared content interface of the participant device of the teleconference (display the content within a shared content interface of the teleconference, wherein the shared content interface is configured to display a view of the content that is consistent between each participant device of the teleconference)(claim 15).
Claims 5, 12, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 15 of the reference patent in view of Lieb et al. (US Publication 20120317487A1)(see the exemplary mapping of pending claim 5 and claim 15 of the reference patent in view of Lieb, similar mappings can be made to pending claims 12 and 19 and claims 1 and 15 of the reference patent in view of Lieb).
Regarding claim 5, the reference patent recites the device as applied above, wherein participant input is received within a shared content interface and is provided to additional participants (providing, to each of one or more non-presenting participant devices ... data that comprises interaction information ... the interaction information is descriptive of a participant input to the shared content interface received at the presenting participant device)(claim 15).
The reference patent differs from the claim in that the reference patent fails to recite cursor input movement. However, receiving cursor input movement is taught by Lieb “As the presenter moves the cursor on his screen ... the presenter's interactions are reflected on the viewer's monitors” ([0027]).
It would have been obvious to person of ordinary skill in the art before the effective filling date of the claimed invention to receive cursor input, as disclosed by Lieb, within claim 15 of the reference patent to enable tracking of a cursor “The timer module 145 can track the time that a viewer is in control of the presenter's screen to ensure that only one person is controlling the screen ... such as moving the cursor” ([0041]). This would allow for mimicking human movement of a shared interface “the control event module 174 can create a reasonable path on the presenter's screen to mimic a natural human movement” ([0054]).
Claims 6-7, 13-14, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 15 of the reference patent in view of Rogers et al. (US Patent 8010901B1)(see the exemplary mapping of pending claims 6-7 and claim 15 of the reference patent in view of Rogers, similar mappings can be made to pending claims 13-14 and 20 and claims 1 and 15 of the reference patent in view of Rogers).
Regarding claim 6, the reference patent recites the device as applied above, wherein a shared interface is provided (display the content within a shared content interface of the teleconference, wherein the shared content interface is configured to display a view of the content that is consistent between each participant device of the teleconference)(claim 15).
The reference patent differs from the claim in that the reference patent fails to recite displaying webpage content comprising a web application in a portion of a shared interface using a web browser. However, displaying webpage content comprising a web application in a portion of a shared interface using a web browser is taught by Rogers “A system and method to provide visual social communication through automated synchronized co-browsing. Users participate in a co-browse social session by utilizing Web browsers ... Each Web browser ... displays a viewport containing the users' desired Web page content obtained from a Web server ... FIG. 2 is a screen shot 30 showing a Web browser 31 with a social session Web page 33 and social toolbars … Web browser plug-ins including Java applets and Adobe Flash, ActiveX controls, security permissions, or signed scripts” (column 2 lines 30-41, column 3 lines 43-44, and column 12 lines 54-56; a web browser displays content including web applications (e.g., Flash)).
It would have been obvious to person of ordinary skill in the art before the effective filling date of the claimed invention to display webpage using a web browser, as disclosed by Rogers, within claim 15 of the reference patent to enable co-browsing of webpages “approach that allows two or more individuals to co-browse” (column 2 lines 22-23). This would allow for communication of thoughts “visually communicate their thoughts regarding the Web page they are viewing, such that Web browsing is no longer confined to being a solitary activity” (column 2 lines 23-26).
Regarding claim 7, the reference patent in view of Rogers recites:
The participant computing device of claim 6, wherein the operations further comprise:
receiving interaction information for an additional participant device of the one or more additional participant devices, wherein the interaction information is descriptive of a participant input to an instance of the web application received at the additional participant device; and performing the participant input to an instance of the web application executed in the web browser located within the portion of the shared content interface of the participant computing device (Rogers - Each user can make social changes on the content Web page 18 displayed in his social viewport 24, 25 ... . Each social change is transmitted to the social relay servlets 15, which further transmit the social change to the other Web browsers 20, 21. Each receiving Web browser duplicates the social change)(column 4 lines 52-59).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider the reference fully when responding to this action. The document cited therein and enumerated below teaches a method and apparatus for sharing content in remote collaboration.
US20070220016A1
US20090119363A1
US20100174773A1
US20100191799A1
US20120290951A1
US20150319197A1
US20220345458A1
US12141755B2
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yongjia Pan whose telephone number is (571)270-1177. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/YONGJIA PAN/Primary Examiner, Art Unit 2118
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