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 .
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.
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Claims 201-220 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,989,252. The claims of the instant application and the claims of the reference patent are compared in the table below.
Instant Application No. 18/828,338.
Claim 201. A non-transitory computer
readable medium containing instructions
that when executed by at least one processor cause the at least one processor to perform operations for enabling users of a website
to alter presentation of the website to address differing disabilities, the operations comprising:
executing accessibility code included in website code, the accessibility code being configured to retrieve, from a server, data associated with an accessibility graphical user interface (GUI) and to cause a display of the accessibility GUI in conjunction with a display of the website, wherein the accessibility GUI includes a plurality of graphical elements each respectively addressing one of the differing disabilities;
receiving input via the accessibility GUI, the input being indicative of a selection
from the plurality of graphical elements of a specific graphical element reflective of a
specific disability;
accessing a first predefined adjustment to a first display parameter from a group of website display parameters to address a first aspect of the specific disability;
accessing a second predefined adjustment to a second website display parameter from the group of the display parameters to address a second aspect of the specific disability; and
in response to the selection of the specific graphical element, initiating the accessed first predefined adjustment and the accessed second predefined adjustment to alter a presentation of the website from a default website presentation to a transformed presentation configured to accommodate needs of individuals with the
specific disability.
US Patent No. 11,989,252.
Claim 1. A non-transitory computer readable medium containing instructions that when executed by at least one processor cause the at least one processor to perform operations for enabling users to alter website presentations based on selected web accessibility profiles, the operations comprising:
executing accessibility code included in website code, the accessibility code being configured to retrieve, from a server, data associated with an accessibility graphical user interface (GUI) and to cause a display of the GUI in conjunction with a display of the website, wherein the accessibility GUI includes a plurality of graphical elements reflective of predefined web accessibility profiles for differing disabilities, each web accessibility profile respectively addressing a differing disability of the differing disabilities and configured to adapt the website to accommodate needs of a user with a specific disability of the differing disabilities;
receiving, from a user, a selection of one of the plurality of the graphical elements associated with a selected predefined web accessibility profile corresponding to the specific disability;
retrieving from the server a first predefined adjustment to a first website display parameter associated with the selected predefined web accessibility profile;
initiating a first change in the first website display parameter based on the identified first predefined adjustment to thereby address a first aspect of the specific disability associated with the selected predefined web accessibility profile; retrieving from the server a second predefined adjustment to a second website display parameter associated with the selected predefined web accessibility profile; initiating a second change in the second website display parameter based on the identified second predefined adjustment to thereby address a second aspect of the specific disability associated with the selected predefined web accessibility profile; and wherein initiating the first change and the second change is configured to transform a presentation of the website to conform with the needs of the user with the specific disability.
Claim 1 of the reference patent recites all of the limitations of claim 1 of the instant application except “in response to the selection of the specific graphical element, initiating the accessed first predefined adjustment and the accessed second predefined adjustment to alter a presentation of the website from a default website presentation to a transformed presentation configured to accommodate needs of individuals with the specific disability...” However, Ekerling teaches involve identifying a first predefined adjustment to a first website display parameter associated with the selected web accessibility profile. Identifying a predefined adjustment may refer to detecting, retrieving, recalling, verifying, determining, establishing, finding, or a predefined adjustment for a website display parameter. For example, a predefined adjustment associated with a selected profile may be identified in a database or in a source code. The predefined adjustment may refer to a decided, determined, or prescribed alteration, modification, or any other act or process of changing the website display parameter; [Ekerling col. 27, lines 13-25].
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to involve identifying a first predefined adjustment to a first website display parameter associated with the selected web accessibility profile. Identifying a predefined adjustment may refer to detecting, retrieving, recalling, verifying, determining, establishing, finding, or a predefined adjustment for a website display parameter. For example, a predefined adjustment associated with a selected profile may be identified in a database or in a source code. The predefined adjustment may refer to a decided, determined, or prescribed alteration, modification, or any other act or process of changing the website display parameter; as disclosed in Ekerling, within the method of claim 1 of the reference patent, in response to the selection of the specific graphical element, initiating the accessed first predefined adjustment and the accessed second predefined adjustment to alter a presentation of the website from a default website presentation to a transformed presentation configured to accommodate needs of individuals with the specific disability.
Allowable Subject Matter
After a thorough search, and in light of the prior art of record, claim 201 and 216 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The best prior art, Seeman (U.S. Pub 2021/0279228) and Patel (U.S. Pub 2020/0334411) combination fail to disclose or suggest one or more of the features of the independent claims 201 and 216.
In summary, Seeman discloses displaying an accessibility GUI that includes accessing a personal profile having a plurality of predefined web accessibility profiles represented has different templates in numeral.
Patel teaches an accessibility system that enables presentation of a plurality of second graphical elements that allow the user to customize the display parameters of the website multiple times thereby overriding previous parameters that were applied.
None of the prior arts of record alone or in any reasonable combination, disclose the claimed invention as recites in the independent claim 201 and similarly recited in independent claim 216.
Specifically, the prior art fail to teach a non-transitory computer readable medium containing instructions that when executed by at least one processor cause the at least one processor to perform operations for enabling users of a website to alter presentation of the website to address differing disabilities, the operations comprising: executing accessibility code included in website code, the accessibility code being configured to retrieve, from a server, data associated with an accessibility graphical user interface (GUI) and to cause a display of the accessibility GUI in conjunction with a display of the website, wherein the accessibility GUI includes a plurality of graphical elements each respectively addressing one of the differing disabilities; receiving input via the accessibility GUI, the input being indicative of a selection from the plurality of graphical elements of a specific graphical element reflective of a specific disability; accessing a first predefined adjustment to a first display parameter from a group of website display parameters to address a first aspect of the specific disability; accessing a second predefined adjustment to a second website display parameter from the group of the display parameters to address a second aspect of the specific disability; and in response to the selection of the specific graphical element, initiating the accessed first predefined adjustment and the accessed second predefined adjustment to alter a presentation of the website from a default website presentation to a transformed presentation configured to accommodate needs of individuals with the specific disability.
The recited limitations, in conjunction with all the features of the independent and dependent claims are not taught nor suggested by the prior arts of record.
Claims 202-215 and 217-220 are also allowed as being directly or indirectly dependent of the allowed independent claims.
Accordingly, the scope of the invention has been sufficiently narrowed to bring the claims into compliance with novelty and non-obviousness requirement of the Patent Act.
Conclusion
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/CAO H NGUYEN/Primary Examiner, Art Unit 2171
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