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 .
Priority
This application discloses and claims only subject matter disclosed in the prior Application Nos. 17/361,986, filed June 29, 2021, currently U.S. Patent No. 11,405,433; 17/808,710, filed June 24, 2022, currently U.S. Patent No. 11,689,588; and 18/317,702, filed May 15, 2023, currently U.S. Patent No. 12,088,645. Those inventions name the inventor or at least one joint inventor named in the prior application, and therefore, this application constitutes a continuation. The benefit of the filing date of the prior application June 29, 2021 is acknowledged as the priority date, pursuant to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.
Claim Objections
Claim 30 is objected to because of the following informalities:
The claim includes a lengthy limitation comprising multiple components written in a run-on phrase that is difficult to read. The claim is non-compliant with the following patent rule: “Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation,” 37 C.F.R. § 1.75(i). Examiner suggests adding a wherein clause in the phrase that begins “the first tab group” and separating out the last “wherein” clause in a similar manner as is done in Claims 21 and 40.
Appropriate correction is required.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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-l.jsp.
Application Nos. 17/361,986, filed June 29, 2021, currently U.S. Patent No. 11,405,433;
Claims 21- 40 are rejected on the ground of non-statutory double patenting as being unpatentable over U.S. Patent No. 12,088,645 B1, filed as Application No. 18/317,702 on June 24, 2022; over U.S. Patent No. 11,689,588 B1, filed as Application No. 17/808,710 on May 15, 2023; and over U.S. Patent No. 11,405,433 B1, filed as Application No. 17/361,986 on June 29, 2021. Although the claims at issue are not identical, they are not patentably distinct from each other, as seen in the following table. The same general process is recited in all three applications, and some steps are identical, while other steps include slight variations in wording or in the breadth of process, as discussed in the chart below.
Therefore, the claims shown in the table recite essentially the same inventive subject matter and are subject to rejection for double patenting.
Instant Application No.
18/798,893
Patent No. 12,088,645
Application No.
18/317,702
Patent No. 11,689,588
Application No.
17/808,710
Patent No. 11,405,433
Application No.
17/361,986
Comments
Claim 21:
A system comprising:
a processor; and computer memory storing computer-readable instructions that, when executed, perform operations comprising:
including, in a collective tab group, a first tab group associated with a first collaborative browsing client operating on a first client computing device,
wherein the first tab group includes a first tab
corresponding to a first webpage open in a web browser of the first client computing device during a browsing session; and
applying a first active tab indicator to the first tab to indicate the first tab is currently being displayed on the first client computing device.
Claim 1:
A system comprising:
a processor; and computer memory storing computer-readable instructions that, when executed, perform operations comprising:
including, in a collective tab group, a first tab group associated with a first collaborative browsing client operating on a first client computing device,
wherein the first tab group includes one or more tabs corresponding to one or more webpages open in a web browser of the first client computing device during a browsing session; and
in response to receiving a data change event related to the first tab group,
performing an associated data change operation for the collective tab group.
Claim 1:
A system comprising: a processor; and computer memory storing computer-readable instructions that, when executed, cause the processor to perform operations comprising:
including, in a collective tab group, a first tab group associated with a first collaborative browsing client operating on a first client computing device,
wherein the first tab group includes one or more tabs corresponding to one or more webpages open in a web browser of the first client computing device during a browsing session;
providing the collective tab group for display in a collaborative user interface;
in response to a second client computing device joining the browsing session, updating the collaborative user interface with a second tab group associated with a second collaborative browsing client operating on the second client computing device; and
in response to receiving a data change event related to the first tab group or the second tab group,
performing an associated data change operation for the collective tab group.
Although the 11,689,588 patent claim is recited more narrowly, the main elements of all three cited are virtually identical. The last elements are also similar in scope, since the recited updates to the tabs in instant Claim 21 could be considered as the “data change operation recited in two of the patents.
Claim 22:
The system of claim 21,
wherein the browsing session is associated with an activity being collaborated on by a first user associated with the first client computing device and a second user associated with a second client computing device.
Claim 2:
The system of claim 1,
wherein the browsing session is related to a project being collaborated on by a first user associated with the first client computing device and a second user associated with the second client computing device.
Claim 1:
A system for providing collaborative browsing, …
initiate, at a first collaborative browsing client operating on a first client computing device, a collaborative browsing session with a collaborative browsing service;
…
update the collaborative user interface with a second tab group associated with the second collaborative browsing client;
…
Patent 11,405,433 Claim 1 has the same type of system preamble as the other independent claim recitations, and also has steps regarding the first and second users.
Claim 23:
The system of claim 21,
wherein the collective tab group further includes a second tab group associated with a second collaborative browsing client operating on a second client computing device.
Claim 4:
The system of claim 3, the operations further comprising:
receiving an indication that a second client computing device has joined the browsing session; and
in response to the second client computing device joining the browsing session, updating the collaborative user interface with a second tab group associated with a second collaborative browsing client operating on the second client computing device.
The claims are not identically recited, but both make reference to a second client joining the browsing, and that is an important aspect of the invention.
Claim 24:
The system of claim 23,
wherein the second tab group includes a second tab corresponding to a second webpage open in a web browser of the second client computing device during the browsing session.
Claim 20:
A device comprising: a processor; and computer memory storing computer-readable instructions that, when executed, perform operations comprising:
…
wherein the second tab group includes a second tab corresponding to a second webpage open in a second web browser associated with the second collaborative browsing client.
The claims are not identical, but both recite the same subject matte concerning the second tab corresponding to a second webpage open in a browser.
Claim 29:
The system of claim 21,
wherein the collective tab group is provided in a first user interface of the first client computing device and the first webpage is
provided in a second user interface of the first client computing device.
Claim 3:
The system of claim 1, the operations further comprising:
providing the collective tab group for display in a collaborative user interface.
Claim 1:
A system comprising: …
including, in a collective tab group, a first tab group associated with a first collaborative browsing client operating on a first client computing device;
…
in response to a second client computing device joining the browsing session, updating the collaborative user interface with a second tab group associated with a second collaborative browsing client operating on the second client computing device
…
Claim 1:
A system for providing collaborative browsing, …
create a first tab group associated with the first collaborative browsing client, wherein the first tab group includes one or more tabs corresponding to one or more webpages open in a user interface of a web browser operating on the first client computing device;
…
update the collaborative user interface with a second tab group associated with the second collaborative browsing client;
…
The instant claim is narrower than the 12,088,645 patent claim and broader than the claims for patents 11,689,588 and 11,405,433.
However, all the claims relate to subject matter associate with collective/
collaborative tab groups.
Claim 30:
A device comprising:
a processor; memory; a display screen; and a collaborative browsing interface comprising:
a collective tab group including a first tab group associated with a first collaborative browsing client operating on the device,
the first tab group including a first tab corresponding to a first webpage open in a web browser of the device during a collaborative browsing session,
wherein a first active tab indicator is applied to the first tab to indicate the first tab is currently being presented on the display screen.
Claim 20:
A device comprising: a processor; and computer memory storing computer-readable instructions that, when executed, perform operations comprising:
including, in a collective tab group, a first tab group associated with a first collaborative browsing client during a browsing session,
wherein the first tab group includes a first tab corresponding to a first webpage open in a first web browser associated with the first collaborative browsing client;
including, in the collective tab group, a second tab group associated with a second collaborative browsing client during the browsing session,
wherein the second tab group includes a second tab corresponding to a second webpage open in a second web browser associated with the second collaborative browsing client; and
in response to receiving a data change event related to the first tab group or the second tab group,
performing an associated data change operation for the collective tab group.
Claim 20:
A device comprising: a processor; and computer memory storing computer-readable instructions that, when executed, cause the processor to perform operations comprising:
including, in a collective tab group of a collaborative browsing session, a first tab group associated with a first browsing client operating on a first client computing device,
wherein the first tab group includes one or more tabs corresponding to one or more webpages open in a web browser of the first client computing device during the collaborative browsing session;
providing the collective tab group for display in a collaborative user interface;
in response to a second client computing device joining the collaborative browsing session, updating the collaborative user interface with a second tab group associated with a second browsing client operating on the second client computing device; and
in response to receiving a first data change event related to the first tab group, the second tab group, or the collective tab group, performing a first data change operation for the collective tab group.
All three claims recite collective tabs groups in collaborative browsing sessions
Claim 31:
The device of claim 30,
wherein the web browser includes a tab pane comprising the first tab, the tab pane being separate from the collaborative browsing interface.
Claim 7:
The system of claim 1,
wherein the first tab group is included in a tab pane of the web browser of the first client computing device.
Note that the system of patent 11,808,710
includes a “client computing device.”
Claim 33:
The device of claim 30, wherein:
the device is a first device; and
the collaborative browsing interface comprising a sharing option that enables a session link for the collaborative browsing session to be provided to a second device.
Claim 6:
The system of claim 5,
wherein the first client computing device shares the session link with the second client computing device via a sharing option of the first collaborative browsing client.
Both claims recite a “session link” used during the collaboration session.
Claim 34:
The device of claim 33,
wherein, upon selection of the session link at the second device:
the second device is joined to the collaborative browsing session; and
a second tab group associated with a second collaborative browsing client operating on the second device is added to the collective tab group.
Claim 4:
The system of claim 3, the operations further comprising:
receiving an indication that a second client computing device has joined the browsing session; and
in response to the second client computing device joining the browsing session, updating the collaborative user interface with a second tab group associated with a second collaborative browsing client operating on the second client computing device
Claim 8:
The system of claim 1,
wherein:
further in response to the second client computing device joining the browsing session, the first client computing device is notified that
the second client computing device has joined the browsing session.
Although the three claims are not identical, all of them have a second client device joining a browsing session.
Claim 37:
The device of claim 34,
wherein the second tab group includes a second tab corresponding to a second webpage open in a web browser of the second device during the collaborative browsing session.
Claim 20:
A device comprising: …
wherein the second tab group includes a second tab corresponding to a second webpage open in a second web browser associated with the second collaborative browsing client.
One limitation of patent 11,405,433 claim 20 is identical to the instant claim.
Allowable Subject Matter
The following subject matter similarly recited in independent Claims 21, 30, and 40 was not found in the prior art:
including, in a collective tab group, a first tab group associated with a first collaborative browsing client operating on a first client computing device, wherein the first tab group includes a first tab corresponding to a first webpage open in a web browser of the first client computing device during a browsing session,
wherein a first active tab indicator is applied to the first tab to indicate the first tab is currently being presented on the display screen.
Upon resolution of the double patenting rejection, the claims will be eligible for allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art references listed on Form PTO-892 and not used in the prior art rejections are also relevant to this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHYLLIS A BOOK whose telephone number is (571)272-0698. The examiner can normally be reached M-F 10:00 am - 7:00 pm.
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/PHYLLIS A BOOK/Primary Examiner, Art Unit 2454