DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in response to Application 18/913628 filed on October 11, 2024 in which Claims 1-20 are presented for examination.
Status of Claims
Claims 1-20 are pending. Claims 1-20 are rejected under Double Patenting.
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 §§ 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-I.jsp.
Claims 1-20 of the instant application are rejected on the ground of obviousness-type nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12,117,913. Although the claims at issue are not identical, they are not patentably distinct from each other because the aforementioned claims of the instant application are rejected based on obviousness-type double patenting with regards to the aforementioned parent patent.
The following table summarizes claim mappings associated with the obviousness-type double patenting rejections:
18/913268
18/186466 (12,117,913)
1. A method comprising: causing, by a processor of test device, a first task to be performed on a first of a plurality of devices-under-test; and selecting, by the processor of the test device, a third of the plurality of devices-under-test, based on the third of the plurality of devices-under-test being connected in electronic communication with the test device for a next longest period of time compared to others of the plurality of devices-under-test.
1. A method comprising: selecting, by a processor of a test device, a first of a plurality of devices-under-test, wherein the first of the plurality of devices-under-test has been connected in electronic communication with the test device for a longest period of time compared to others of the plurality of devices-under-test; causing, by the processor of the test device, a first task to be performed on the first of the plurality of devices-under-test; in response to completing the first task, determining, by the processor of the test device, whether the test device needs to perform the first task on a second of the plurality of devices-under-test; in response to the determining indicating that the test device needs to perform the first task on the second of the plurality of devices-under-test, causing, by the processor of the test device, the first task to be performed on the second of the plurality of devices-under-test; and in response to the determining indicating that the test device does not need to perform the first task on the second of the plurality of devices-under-test, selecting, by the processor of the test device, a third of the plurality of devices-under-test, wherein the third of the plurality of devices-under-test has been connected in electronic communication with the test device for a next longest period of time compared to others of the plurality of devices-under-test.
2. The method of claim 1, wherein the plurality of devices-under-test include mobile computing devices.
2. The method of claim 1, wherein the plurality of devices-under-test include mobile computing devices.
3. The method of claim 2, wherein the mobile computing devices include smartphones, tablets, wearable computing devices, or any combination thereof.
3. The method of claim 2, wherein the mobile computing devices include smartphones, tablets, wearable computing devices, or any combination thereof.
4. The method of claim 1, further comprising: in response to completing the first task on a second of the plurality of devices-under-test, determining, by the processor of the test device, whether the test device needs to perform the first task on a fourth of the plurality of devices-under-test; and in response to determining the test device needs to perform the first task on the fourth of the plurality of devices-under-test, causing, by the processor of the test device, the first task to be performed on the fourth of the plurality of devices-under-test.
4. The method of claim 1, further comprising: in response to completing the first task on the second of the plurality of devices-under-test, determining, by the processor of the test device, whether the test device needs to perform the first task on a fourth of the plurality of devices-under-test; and in response to determining the test device needs to perform the first task on the fourth of the plurality of devices-under-test, causing, by the processor of the test device, the first task to be performed on the fourth of the plurality of devices-under-test.
5. The method of claim 4, further comprising: in response to determining the test device does not need to perform the first task on the fourth of the plurality of devices-under-test, selecting, by the processor of the test device, the third of the plurality of devices-under-test.
5. The method of claim 4, further comprising: in response to determining the test device does not need to perform the first task on the fourth of the plurality of devices-under-test, selecting, by the processor of the test device, the third of the plurality of devices-under-test.
6. A system comprising: a test device, comprising: a processor; wherein the processor is configured to: cause a first task to be performed on a first of a plurality of devices-under-test; and select a third of the plurality of devices-under-test, based on the third of the plurality of devices-under-test being connected in electronic communication with the test device for a longest period of time compared to others of the plurality of devices-under-test.
6. A system comprising: a test device, comprising: a processor; and a memory, wherein the processor is configured to: select a first of a plurality of devices-under-test, wherein the first of the plurality of devices-under-test has been connected in electronic communication with the test device for a longest period of time compared to others of the plurality of devices-under-test; cause a first task to be performed on the first of the plurality of devices-under-test; in response to completing the first task, determine whether the test device needs to perform the first task on a second of the plurality of devices-under-test; in response to the determining indicating that the test device needs to perform the first task on the second of the plurality of devices-under-test, cause the first task to be performed on the second of the plurality of devices-under-test; and in response to the determining indicating that the test device does not need to perform the first task on the second of the plurality of devices-under-test, select a third of the plurality of devices-under-test, wherein the third of the plurality of devices-under-test has been connected in electronic communication with the test device for a next longest period of time compared to others of the plurality of devices-under-test.
7. The system of claim 6, wherein the plurality of devices-under-test include mobile computing devices.
7. The system of claim 6, wherein the plurality of devices-under-test include mobile computing devices.
8. The system of claim 7, wherein the mobile computing devices include smartphones, tablets, wearable computing devices, or any combination thereof.
8. The system of claim 7, wherein the mobile computing devices include smartphones, tablets, wearable computing devices, or any combination thereof.
9. The system of claim 6, wherein the processor is further configured to: in response to completing the first task on a second of the plurality of devices-under-test, determine whether the test device needs to perform the first task on a fourth of the plurality of devices-under-test; and in response to determining the test device needs to perform the first task on the fourth of the plurality of devices-under-test, cause the first task to be performed on the fourth of the plurality of devices-under-test.
9. The system of claim 6, wherein the processor is further configured to: in response to completing the first task on the second of the plurality of devices-under-test, determine whether the test device needs to perform the first task on a fourth of the plurality of devices-under-test; and in response to determining the test device needs to perform the first task on the fourth of the plurality of devices-under-test, cause the first task to be performed on the fourth of the plurality of devices-under-test.
10. The system of claim 9, wherein the processor is further configured to: in response to determining the test device does not need to perform the first task on the fourth of the plurality of devices-under-test, select, by the processor of the test device, the third of the plurality of devices-under-test.
10. The system of claim 9, wherein the processor is further configured to: in response to determining the test device does not need to perform the first task on the fourth of the plurality of devices-under-test, select, by the processor of the test device, the third of the plurality of devices-under-test.
11. A method comprising: a first of a plurality of devices-under-test; causing, by a processor of a test device, a first task to be performed on a first of a plurality of devices-under-test; and selecting, by the processor of the test device, a third of the plurality of devices-under-test, based on the third of the plurality of devices-under-test having an oldest transaction compared to transactions on others of the plurality of devices-under-test.
11. A method comprising: selecting, by a processor of a test device, a first of a plurality of devices-under-test, wherein the first of the plurality of devices-under-test has an oldest transaction compared to transactions on others of the plurality of devices-under-test; causing, by the processor of the test device, a first task to be performed on the first of the plurality of devices-under-test; in response to completing the first task, determining, by the processor of the test device, whether the test device needs to perform the first task on a second of the plurality of devices-under-test; in response to the determining indicating that the test device needs to perform the first task on the second of the plurality of devices-under-test, causing, by the processor of the test device, the first task to be performed on the second of the plurality of devices-under-test; and in response to the determining indicating that the test device does not need to perform the first task on the second of the plurality of devices-under-test, selecting, by the processor of the test device, a third of the plurality of devices-under-test, wherein the third of the plurality of devices-under-test has a next oldest transaction compared to transactions on others of the plurality of devices-under-test.
12. The method of claim 11, wherein the plurality of devices-under-test include mobile computing devices.
12. The method of claim 11, wherein the plurality of devices-under-test include mobile computing devices.
13. The method of claim 12, wherein the mobile computing devices include smartphones, tablets, wearable computing devices, or any combination thereof.
13. The method of claim 12, wherein the mobile computing devices include smartphones, tablets, wearable computing devices, or any combination thereof.
14. The method of claim 11, further comprising: in response to completing the first task on a second of the plurality of devices-under-test, determining, by the processor of the test device, whether the test device needs to perform the first task on a fourth of the plurality of devices-under-test; and in response to determining the test device needs to perform the first task on the fourth of the plurality of devices-under-test, causing, by the processor of the test device, the first task to be performed on the fourth of the plurality of devices-under-test.
14. The method of claim 11, further comprising: in response to completing the first task on the second of the plurality of devices-under-test, determining, by the processor of the test device, whether the test device needs to perform the first task on a fourth of the plurality of devices-under-test; and in response to determining the test device needs to perform the first task on the fourth of the plurality of devices-under-test, causing, by the processor of the test device, the first task to be performed on the fourth of the plurality of devices-under-test.
15. The method of claim 14, further comprising: in response to determining the test device does not need to perform the first task on the fourth of the plurality of devices-under-test, selecting, by the processor of the test device, the third of the plurality of devices-under-test.
15. The method of claim 14, further comprising: in response to determining the test device does not need to perform the first task on the fourth of the plurality of devices-under-test, selecting, by the processor of the test device, the third of the plurality of devices-under-test.
16. The method of claim 11, wherein the plurality of devices-under-test are connected in electronic communication with the test device at a same time.
16. The method of claim 11, wherein the plurality of devices-under-test are connected in electronic communication with the test device at a same time.
17. The method of claim 11, wherein the oldest transaction compared to transactions on others of the plurality of devices-under-test includes an oldest initiated test action.
17. The method of claim 11, wherein the oldest transaction compared to transactions on others of the plurality of devices-under-test includes an oldest initiated test action.
18. The method of claim 11, wherein the oldest transaction compared to transactions on others of the plurality of devices-under-test includes an oldest completed test action.
18. The method of claim 11, wherein the oldest transaction compared to transactions on others of the plurality of devices-under-test includes an oldest completed test action.
19. The method of claim 11, wherein a transaction includes a connection of a particular device-under-test to the test device.
19. The method of claim 11, wherein a transaction includes a connection of a particular device-under-test to the test device.
20. The method of claim 11, wherein a transaction includes an action by the test device or instructed by the test device to an operator of the test device.
20. The method of claim 11, wherein a transaction includes an action by the test device or instructed by the test device to an operator of the test device.
Prior Art Made of Record
From a search of the prior art, one reference was found and considered by the Examiner to be the most-related prior art with regards to the claimed invention of the instant application:
Kolman et al. (U.S. Patent Application Publication No. 2008/0155354), hereinafter “Kolman”. Kolman is cited on PTO-892 filed 5/13/2026.
Kolman: Paragraph 42 teaches the Test Run Comparison Selection dialog may include a mechanism for selecting a DUT type of interest. In one embodiment, the DUT type selection mechanism is a list box which lists the available DUT types from which to choose. While not necessary for every application, the DUT type selection mechanism may be useful in narrowing down the particular test run event stores that contain relevant comparison data. For example, since DUTs of different types typically have different pin configurations and different test setup configurations, it may not make sense or be appropriate to compare the test data from two test runs which test different DUT types. In other cases, it may be useful to compare certain fields (such as test status) over all test runs regardless of DUT type being tested. For example, all test runs may be selected regardless of DUT type to determine a time when the tester began failing all DUTs. The time may then be correlated with an event, possibly external to the tester, such as a site power failure.
Although conceptually similar to the claimed invention of the instant application, Kolman does not teach selecting a first of a plurality of devices under test with the test device connected for a longest period of time compared to the other plurality of devices under test or selecting a first of a plurality of devices under test with the test device having the oldest transaction compared to the other plurality of devices.
Response to Arguments
Applicant's arguments filed May 5, 2026 have been fully considered but they are not persuasive. Applicant has amended the independent claims. However, the claims are still rejected under Obviousness Non-Statutory Double Patenting. A Terminal Disclaimer is required.
Conclusion
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/SARAI E BUTLER/Primary Examiner, Art Unit 2114
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