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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1. 5-10, 15-16, 18-19 of U.S. Patent No. 12124464. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 is anticipated by claim 1 of U.S. 12124464.
Claim 2 is anticipated by claim 1 of U.S. 12124464.
Claim 3 is anticipated by claim 1 of U.S. 12124464.
Claim 4 is anticipated by claim 9 of U.S. 12124464.
Claim 5 is anticipated by claim 1 of U.S. 12124464.
Claim 6 is anticipated by claim 5 of U.S. 12124464.
Claim 7 is anticipated by claim 6 of U.S. 12124464.
Claim 8 is anticipated by claim 7 of U.S. 12124464.
Claim 9 is anticipated by claim 8 of U.S. 12124464.
Claim 10 is anticipated by claim 10 of U.S. 12124464.
Claim 11 is anticipated by claim 10 of U.S. 12124464.
Claim 12 is anticipated by claim 10 of U.S. 12124464.
Claim 13 is anticipated by claim 18 of U.S. 12124464.
Claim 14 is anticipated by claim 10 of U.S. 12124464.
Claim 15 is anticipated by claim 15 of U.S. 12124464.
Claim 16 is anticipated by claim 16 of U.S. 12124464.
Claim 17 is anticipated by claim 7 and 10 of U.S. 12124464.
Claim 18 is anticipated by claim 17 of U.S. 12124464.
Claim 19 is anticipated by claim 19 of U.S. 12124464.
Claim 20 is anticipated by claim 19 of U.S. 12124464.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5-10 of U.S. Patent No. 11269907. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 is anticipated by claim 1 of U.S. 11269907.
Claim 2 is anticipated by claim 1 of U.S. 11269907.
Claim 3 is anticipated by claim 1 of U.S. 11269907.
Claim 4 is anticipated by claim 9 of U.S. 11269907.
Claim 5 is anticipated by claim 1 of U.S. 11269907.
Claim 6 is anticipated by claim 5 of U.S. 11269907.
Claim 7 is anticipated by claim 6 of U.S. 11269907.
Claim 8 is anticipated by claim 7 of U.S. 11269907.
Claim 9 is anticipated by claim 8 of U.S. 11269907.
Claim 10 is anticipated by claim 10 of U.S. 11269907.
Claim 11 is anticipated by claim 10 of U.S. 11269907.
Claim 12 is anticipated by claim 10 of U.S. 11269907.
Claim 13 is anticipated by claims 9 and 10 of U.S. 11269907.
Claim 14 is anticipated by claim 10 of U.S. 11269907.
Claim 15 is anticipated by claims 5 and 10 of U.S. 11269907.
Claim 16 is anticipated by claims 6 and 10 of U.S. 11269907.
Claim 17 is anticipated by claims 7 and 10 of U.S. 11269907.
Claim 18 is anticipated by claims 8 and 10 of U.S. 11269907.
Claim 19 is anticipated by claim 1 of U.S. 11269907.
Claim 20 is anticipated by claim 1 of U.S. 11269907.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being U.S. Patent Application Publication 20150012509 by Malina Kirn (hereafter Kirn).
Claim 1:
Kirn discloses:
“A system comprising:
one or more non-transitory computer storage mediums configured to store computer-executable instructions; and one or more hardware processors in communication with the one or more non-transitory computer storage mediums, the one or more hardware processors configured to execute the computer-executable instructions to at least:”[fig. 11]
“receive one or more user inputs indicating a first object type, a second object type linked to the first object type, and a first value of a first property of the second object type;” [0068, fig. 4-8. receive one or more user inputs indicating a first object type (0068 an object type that is already selected; fig. 4b 479, person; fig. 8b, 1165 person), a second object type (0068, an icon representing an object type; fig. 4b 475, case; fig. 8b 1165 case) linked (0068, add link between two objects; 0108 person objects are related to a case object(s) per the link requirement) to the first object type (fig. 4b /fig. 8b - for example person object type (first object type)), and a first value (0067, category = 8D; fig. 8b; james bond) of a first property (fig. 4b, 469, property; fig. 8b, name) of the second object type (fig. 4b 475, case; fig. 8b 1125, cases)_]
“determine a subset of data objects, of a first set of data objects of the first object type, that are linked to data objects, in a second set of data objects of the second object type, that have a first property value of the indicated first value; and”[ determine a subset of data objects (0109, a group of possibly duplicate person objects…in this example, a group of five person objects (e.g. of the three groups of objects located in the example 8b) are displayed and entity properties histogram 871 is illustrated to shown various properties of the identified objects), of a first set of data objects of the first object type (fig. 8b, 1125, person), that are linked to data objects (0108, the eleven identified person objects are all related to a case object(s) per the link requirement in area 1125), in a second set of data objects of the second object type (fig. 8b, 1125, cases), that have a first property value of the indicated first value (fig. 8b, properties to match on: 1140-1155)]
“generate and display a tracker bar depicting a sequence of filter operations applied to determine the subset of data objects.”[ generate and display a tracker bar (fig. 8c; 0109 histogram)depicting a sequence of filter operations applied(fig. 8c - date of birth, name, name (last name only), social security number) to determine the subset of data objects (0109, a group of possibly duplicate person objects)]
Claim 2:
Kirn discloses:
“The system of claim 1, wherein the sequence of filter operations includes at least: an indication of the first object type, an indication of the second object type, and an indication of the first property.” [the sequence of filter operations(fig. 8c - date of birth, name, name (last name only), social security number) includes at least: an indication of the first object type (fig. 8b, person; 0108, person objects are all related to a case object), an indication of the second object type (fig. 8b, cases; 0108, person objects are all related to a case object), and an indication of the first property(fig. 8b, properties to match on: 1140-1155)]
Claim 3:
Kirn discloses: “The system of claim 1, wherein the one or more hardware processors are further configured to execute the computer-executable instructions to:
in response to receiving the one or more user inputs and determining the subset of data objects: display one or more visualizations of the subset of data objects on a display.” [in response to receiving the one or more user inputs (0105, user has configured apotentially duplicate person monitor to identify person objects (linked to case objects) that are potentially duplicates) and determining the subset of data objects (0108, person objects are displayed in interface 1165): display one or more visualizations of the subset of data objects(0108, person objects are displayed in interface 1165) on a display (fig. 8b)]
Claim 4:
Kirn discloses: “The system of claim 3, wherein the one or more visualizations include one or more of: a listogram, a timeline, a numeric distribution, a choropleth map, or a clustering map.”[ wherein the one or more visualizations(0108, person objects are displayed in interface 1165) include one or more of: a listogram (0109, histograms), a timeline (0109, same date of birth), a numeric distribution (0109, matches; amount of matches such as all five have same social security, 4/5 have same date of birth, 3/5 have bond as last name, etc.), a choropleth map (0109, histogram), or a clustering map (0108, three groups of objects)]
Claim 5:
Kirn discloses: “The system of claim 1, wherein the one or more hardware processors are further configured to execute the computer-executable instructions to:
generate and display the tracker bar configured for receiving the one or more user inputs.” [generate and display the tracker bar (0109, histogram) configured for receiving the one or more user inputs (019, confirm whether any or all of the identified objects should be considered duplicates or not)]
Claim 6:Kirn discloses: “The system of claim 1, wherein the one or more hardware processors are further configured to execute the computer-executable instructions to:
display groups of object types in a plurality of sets of data objects.”[ display (fig. 8b/c) groups of object types (0108, eleven identified person objects) in a plurality of sets of data objects (0108, three groups of objects)]
Claim 7:
Kirn discloses: “The system of claim 6, wherein the groups of object types are displayed in groups of related categories.”[ wherein the groups of object types (0108, eleven identified person objects) are displayed in groups (0108, three groups of objects) of related categories (0106, properties satisfying property requirements)]
Claim 8:
Kirn discloses “The system of claim 1, wherein the one or more hardware processors are further configured to execute the computer-executable instructions to:
display object types in a plurality of sets of data objects.” [display object types (0108, eleven located person objects are displayed) in a plurality of sets of data objects (fig. 8b, three groups of objects)]
Claim 9:
Kirn discloses “The system of claim 1, wherein the one or more hardware processors are further configured to execute the computer-executable instructions to:
save operations performed on the first set of data objects and resulting visualizations, the saved operations and visualizations being restorable for use in a subsequently performed data analysis workflow. “[save operations (fig. 7 730, save monitor)performed on the first set of data objects and resulting visualizations(fig. 8b-c; fig. 7 725 provide monitor results), the saved operations and visualizations being restorable for use in a subsequently performed data analysis workflow (fig. 7 730, save monitor for later use; 0100)]
Claims 10-18:
Claims 10-18 recite similar limitations as that of claims 1-9 except that claims 10-18 are directed towards a method instead of a system. Claims 10-18 are rejected under similar rationale as that of claims 1-9.
Claims 19-20:
Claims 19-20 recite similar limitations as that of claims 1 and 5 except that claims 19-20 are directed towards a non-transitory, computer readable storage medium instead of a system. Claims 19-20 are rejected under similar rationale as that of claims 1 and 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PHAM whose telephone number is (571)272-3924. The examiner can normally be reached M-F 11-730pm Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached at 571-272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL PHAM/Primary Examiner, Art Unit 2153