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 .
This Office Action is in response to the application filed on 09/20/2024.
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 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of U.S. Patent No. 12,131,171 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite only obvious differences which would have been obvious to one of ordinary skill in the art at the time of invention such as simply omitting/adding steps or elements along with their functions, and implementing a system, product, or medium having a computer program for performing the method steps.
Side by side comparison reveal that the patent and the application are not patentably distinct from each other.
US 18/892,099
US 12,131,171
Reviews/comments
1. A method for presenting data, the method comprising: receiving data from one or more data sources; generating, by one or more processors, a first representation of the received data; receiving a user input associated with a first set of data in the received data; and in response to receiving the user input, generating an active view of the first set of data in the received data; generating a small view of a second set of data in the received data; and generating a second representation of the received data including the active view of the first set of data, and the small view of the second set of data overlaying the active view of the first set of data, wherein a small view of data is smaller than an active view of data in size and includes a view control to minimize the small view of data, and wherein the small view of data is larger than a minimized view of data.
Independent claim 17 (system)
Independent claim 29 (storage medium)
Dependent claims 2-16, 18-28 & 30
1. A method for presenting data, the method comprising: receiving data from one or more data sources; generating, by one or more processors, a plurality of tiers of views for the received data, the plurality of tiers of views including a minimized view, an active view, and a small view, the small view being smaller than the active view in size and larger than the minimized view in size, the small view including a view control to minimize the small view; generating, by the one or more processors, a representation of the received data, the representation including a small view of a first set of data in the received data and an active view of a second set of data in the received data; receiving a user input associated with a third set of data in the received data; and in response to receiving the user input, generating an active view of the third set of data in the received data; generating a small view of the second set of data in the received data; and generating a second representation of the received data including the active view of the third set of data, and the small view of the second set of data overlaying the active view of the third set of data.
Independent claim 16 (system)
Independent claim 27 (storage medium)
Dependent claims 2-15, & 17-26
Method claim 1 of the patent comprises, among other elements, all the claimed elements of claim 1 of the application.
System claim 16 of the patent comprises, among other elements, all the claimed elements of claim 17 (system) of the application.
Storage claim 27 of the patent comprises, among other elements, all the claimed elements of claim 29 (storage) of the application.
The dependent claims of the patent are substantially similar to that of the application claims
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210200790 A1 discloses a method (and system) includes retrieving a dataset from a database creating a report including a graphical representation of the dataset, the graphical representation of the dataset including a freely positionable and scalable data container and displaying the report on a graphical user interface. The report has a free-form layout in which each container is freely positionable and is freely scalable such that a change in size and/or location of one container does not affect a size and/or location of any other container in the report (Abstract).
US 20210133240 A1 discloses a user selects a data source, and a computer displays a data visualization in a data visualization user interface according to the data source. The data visualization includes visual data marks representing data from the data source. The user selects a subset of the visual data marks. In response, the computer displaying a view data window having a summary of the selected data marks. The computer obtains a data model encoding the data source as a tree of logical tables, each including one or more logical fields. Each logical field corresponds to either a data field or a calculation that spans one or more logical tables. Each edge of the tree connects two logical tables that are related. The computer identifies aggregate measures corresponding to the selected data marks, and displays each aggregate measure in the view data window (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TADESSE HAILU whose telephone number is (571)272-4051; and the email address is Tadesse.hailu@USPTO.GOV. The examiner can normally be reached Monday- Friday 9:30-5:30 (Eastern time).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bashore, William L. can be reached (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TADESSE HAILU/Primary Examiner, Art Unit 2174
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