DETAILED ACTION
The following is a FINAL office action in response to Applicant’s amendment filed May 6, 2026. Applicant’s May 6th amendment amended claims 1, 28-30; canceled claims 2-27 and added new claims 31-51. Currently Claims 1 and 28-51 are pending. Claims 1, 28, 29 and 30 are the independent claims.
The instant application is a continuation of application no. 16818878, now U.S. Patent No. 11544594.
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 .
Response to Amendment
The Double Patenting rejection over U.S. Patent No. 11544594 in the previous office action is withdrawn in response to Applicant’s amendments to the claims.
The Double Patenting rejection over co-pending application no. 18900811 in the previous office action is maintained.
The Double Patenting rejection co-pending application no. 18061802, now U.S. Patent No. 12468963, in the previous office action is maintained.
The 35 U.S.C. 101 rejection of claims 1, 28-30 in the previous office action is withdrawn in response to Applicant’s amendments to the claims.
The 35 U.S.C. 102 rejection of claims 1, 28-30 in the previous office action is withdrawn in response to Applicant’s amendments to the claims.
Response to Arguments
Applicant’s arguments, see Page 40, filed May 6, 2025, with respect to Double Patenting rejection over U.S. Patent No. 11544594 have been fully considered and are persuasive. The 35 U.S.C. Double Patenting rejection over U.S. Patent No. 11544594 has been withdrawn.
Applicant’s arguments, see Pages 44, 45; Paragraphs 1-2, Page 46, filed May 6, 2025, with respect to 35 U.S.C. 101 have been fully considered and are persuasive. The 35 U.S.C. 101 rejection of claims 1, 28-30 has been withdrawn.
Applicant’s arguments, see Second to Last Paragraph, Page 46, filed May 6, 2025, with respect to Biswas et al. have been fully considered and are persuasive. The 35 U.S.C. 102 rejection of claims 1, 28-30 has been withdrawn.
Applicant’s May 6, 2025 remarks did not address the pending Double Patenting rejections over co-pending application no. 18061802, now U.S. Patent No. 12468963, or co-pending application no. 18900811.
Examiner suggest Applicant filed Terminal Disclaimers between all of the pending and allowed applications in order to overcome the pending Double Patenting rejections.
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, 28, 29, and 30 are rejected on the ground of nonstatutory double patenting over claims 1 and 259 of U.S. Patent No. 12468963 (application no. 18061802) since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
The claims are rejected over 1 and 259 of U.S. Patent No. 12468963, wherein it would be obvious to one skilled in the art to omit, from the independent claims, one or more method – see table below. Applicant appears to be attempting to broaden the scope of the parent application/patent and capture scope which was forgone during prosecution of the parent application.
The table below maps the conflicting claims between the instant application and U.S. Patent No. 12468963.
USPN 12468963
18900814 (instant app.)
Claims 1, 259
Claims 1, 28, 29, 30
after the first data is sent, receiving, from the user device over the at least one network, the first user input ******OMITTED***including the indication of the selection of the at least one aspect of the subject system that is to access the result of the training of the computer-implemented artificial intelligence, based on the utilization of the at least one first user interface element in receiving the first user input including the indication of the selection of the at least one aspect of the subject system that is to access the result of the training of the computer-implemented artificial intelligence;
after the second data is sent, receiving, from the user device over the at least one network, the second user input ******OMITTED***including the indication of the selection of the at least one artificial intelligence algorithm of the plurality of artificial intelligence algorithms that is to be utilized to train the computer-implemented artificial intelligence, based on the utilization of the at least one second user interface element in receiving the second user input including the indication of the selection of the at least one artificial intelligence algorithm of the plurality of artificial intelligence algorithms that is to be utilized to train the computer-implemented artificial intelligence;
after the third data is sent, receiving, from the user device over the at least one network, the third user input ******OMITTED***including the indication of the selection of the at least one artificial intelligence algorithm setting of the plurality of artificial intelligence algorithm settings that is to be utilized to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence, based on the utilization of the at least one third user interface element in receiving the third user input including the indication of the selection of the at least one artificial intelligence algorithm setting of the plurality of artificial intelligence algorithm settings that is to be utilized to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence;
after the fourth data is sent, receiving, from the user device over the at least one network, the fourth user input ******OMITTED***including the indication of the selection of the at least one data type of the plurality of different data types of one or more training input datasets that is to be utilized by the at least one artificial intelligence algorithm in accordance with the at least one artificial intelligence algorithm setting to train the computer-implemented artificial intelligence, based on the utilization of the at least one fourth user interface element in receiving the fourth user input including the indication of the selection of the at least one data type of the plurality of different data types of one or more training input datasets that is to be utilized by the at least one artificial intelligence algorithm in accordance with the at least one artificial intelligence algorithm setting to train the computer-implemented artificial intelligence
after the fifth data is sent, receiving, from the user device over the at least one network, the fifth user input ******OMITTED***including the indication of the selection of the at least one behavior that is to be utilized by the at least one artificial intelligence algorithm in accordance with the at least one artificial intelligence algorithm setting to train the computer-implemented artificial intelligence utilizing the at least one data type of one or more training input datasets, based on the utilization of the at least one fifth user interface element in receiving the fifth user input including the indication of the selection of the at least one behavior that is to be utilized by the at least one artificial intelligence algorithm in accordance with the at least one artificial intelligence algorithm setting to train the computer-implemented artificial intelligence utilizing the at least one data type of one or more training input datasets
Omit (receiving sixth, seventh user input, causing storage of sixth data, initializing the at least one artificial intelligence algorithm – steps)
******OMITTED***
receiving, from the user device over the at least one network, sixth user input to cause retrieval of information relating to the at least one artificial intelligence algorithm utilizing the at least one data type of one or more training input datasets and the at least one behavior in accordance with the at least one artificial intelligence algorithm setting to train the computer-implemented artificial intelligence, the information including at least one of: programming or coding data of the at least one artificial intelligence algorithm corresponding to the result of the training of the computer-implemented artificial intelligence, or training state data relating to a training state;
receiving, from the user device over the at least one network, seventh user input to cause the result of the training of the computer-implemented artificial intelligence to be accessible for utilization by the subject system;
causing storage of sixth data indicating: the at least one aspect of the subject system that is to access the result of the training of the computer-implemented artificial intelligence, the at least one artificial intelligence algorithm of the plurality of artificial intelligence algorithms that is to be utilized to train the computer-implemented artificial intelligence, the at least one artificial intelligence algorithm setting of the plurality of artificial intelligence algorithm settings that is to be utilized to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence, the at least one data type of the plurality of different data types of one or more training input datasets that is to be utilized by the at least one artificial intelligence algorithm in accordance with the at least one artificial intelligence algorithm setting to train the computer-implemented artificial intelligence, and the at least one behavior that is to be utilized by the at least one artificial intelligence algorithm in accordance with the at least one artificial intelligence algorithm setting to train the computer-implemented artificial intelligence utilizing the at least one data type of one or more training input datasets;
initializing the at least one artificial intelligence algorithm of the plurality of artificial intelligence algorithms that is to be utilized to train the computer-implemented artificial intelligence, based on the second user input; and at least one of updating or reinforcing the at least one artificial intelligence algorithm by iterating through the one or more training input datasets and updating one or more weights of the at least one artificial intelligence algorithm, based on the third user input including the indication of the selection of the at least one artificial intelligence algorithm setting of the plurality of artificial intelligence algorithm settings that is to be utilized to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm, so as to avoid a requirement of user-generated computer-executable computer code being received by the system from the user device to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
Claims 1, 28, 29, 30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6, 7, 8, 15, 21, 24, 27, 28, 29, 30 of co-pending Application No. 18900811.
It would be obvious to one skilled in the art to omit, from the independent claims, one or more method – see table below. Applicant appears to be attempting to broaden the scope of the parent application/patent and capture scope which was forgone during prosecution of the parent application.
The table below maps the conflicting claims between the instant application and U.S. Patent No. 12468963.
18900814 (instant app.)
18900811 (co-pending)
1, 28, 29, 30
adjusting the at least one artificial intelligence algorithm, based on the third user input including the indication of the selection of the at least one artificial intelligence algorithm setting of the plurality of artificial intelligence algorithm settings that is to be utilized to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm, so as to avoid a requirement of user-generated computer- executable computer code being received by the system from the user device to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm, where at least two of: the first data, the second data, the third data, the fourth data, and the fifth data, are sent separately over the at least one network;
adjusting the at least one artificial intelligence algorithm, based on the third user input including the indication of the selection of the at least one artificial intelligence algorithm setting of the plurality of artificial intelligence algorithm settings that is to be utilized to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm, so as to avoid a requirement of user-generated computer- executable computer code being received by the system from the user device to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm, where at least two of: the first data, the second data, the third data, the fourth data, and the fifth data, are sent separately over the at least one network.
6, 7, 8, 15, 21, 24, 27, 28, 29, 30
at least one of updating or reinforcing the at least one artificial intelligence algorithm, based on the third user input including the indication of the selection of the at least one artificial intelligence algorithm setting of the plurality of artificial intelligence algorithm settings that is to be utilized to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer- implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm, so as to avoid a requirement of user-generated computer-executable computer code being received by the system from the user device to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm;
at least one of updating or reinforcing the at least one artificial intelligence algorithm, based on the third user input including the indication of the selection of the at least one artificial intelligence algorithm setting of the plurality of artificial intelligence algorithm settings that is to be utilized to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer- implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm, so as to avoid a requirement of user-generated computer-executable computer code being received by the system from the user device to control the at least one aspect of the different aspects of the at least one artificial intelligence algorithm to train the computer-implemented artificial intelligence including the at least one of: the number of layers of the at least one artificial intelligence algorithm, the node of the at least one artificial intelligence algorithm, the function of the at least one artificial intelligence algorithm, or the amount of training of the at least one artificial intelligence algorithm;
******OMITTED***
wherein a request is received from the user device for enabling additional input to be received from another user device, such that the training of the computer-implemented artificial intelligence is further based on the additional input.
Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804.
This is a provisional nonstatutory double patenting rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT L JARRETT whose telephone number is (571)272-7033. The examiner can normally be reached M-TH 6am-4:30PM.
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SCOTT L. JARRETT
Primary Examiner
Art Unit 3625
/SCOTT L JARRETT/Primary Examiner, Art Unit 3625