DETAILED ACTION
The non-final office action is responsive to the filing of U.S. Patent Application 18/719,059 on 10/21/2024. Claims 1-20 are pending; claims 1-20 are rejected.
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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2013/0263112 A1 to Fernandez-Ruiz et al. (hereinafter Fernandez) in view of U.S. Patent Application Publication 2014/0250503 A1 to Woodard et al. (hereinafter Woodard).
As to claim 1, Fernandez teaches a system for transmitting an object of content to two or more user devices that utilize at least two different computing platforms (Method, system, and programs for deployment of applications are disclosed. An application capable of being executed in a plurality of different formats is provisioned. The application is deployed for execution by a client device and a server. Resources are dynamically allocated for execution of the application, Fernandez, Abstract, [0040]-[0048], Fig. 5-6. Note: “Users 510 may be of different types such as users connected to the network via desktop connections (510-4), users connecting to the network via wireless connections such as through a laptop (510-3), a handheld device (510-1), or a built-in device in a motor vehicle (510-2)”) comprising:
a hardware processor (The computer 2200 also includes a central processing unit (CPU) 2220, in the form of one or more processors, for executing program instructions, Fernandez, [0097]-[0098]) that is configured for identifying universal elements of Package management unit 812 may also be responsible for ensuring that the correct packages are delivered to a client device based on the client device type. For example, if a client device is a smartphone operating on iOS, package management unit 812, ensures that the packages received by the client device are compliant with iOS and are optimized such that the application will execute taking full advantage of the capabilities of the client device, Fernandez, [0050]-[0062], [0089], [0094]. Note: “each application generated by application builder 802 allows developers to develop one application that is interoperable between different device platforms and operating systems. The same single application may be deployed to a variety of devices and be executable on all of them. The applications may be deployed to any device that is capable of running or having a browser environment capable of executing the applications” in Fernandez, [0052]).
Fernandez does not explicitly discloses the attributes be content attributes.
Woodard discloses identifying and selecting content attributes across distinct computing devices (The selection may be received on a client device and transmitted to the proxy server 400. The selection may be specified by defining a boundary 408 that includes the portion of the web page. The selection may also be specified by selecting an object or segment of the web page 402 including the content 406. The selection may also be received by specifying absolute or relative coordinates with respect to a reference point in the web page, Woodard, [0042]-[0048], [0049]-[0057]. Note: different computing platforms in Woodard, [0055]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the application of the invention was filed to allow users to select content and adjust corresponding displaying attributes of devices as disclosed by Woodard to modify the system of Fernandez in order to provide the same content across multiple platforms without requiring modification of underlying code.
Fernandez-Woodard discloses
a memory (read only memory (ROM) 2230, or random access memory (RAM) 2240, Fernandez, [0097]-[0098]) connected to said hardware processor (Fernandez, [0097]-[0098]) for storing a content repository (A content source may also include, for example, an application store that provides applications to personal computers, laptops, or mobile devices. Web server 530 and development platform 540 may access information from any of content sources 560 and rely on such information to respond to application requests and vice versa. Development platform 540 may also access additional information, via network 520, stored in database 550, which may contain modules and/or application tools for developing applications, Fernandez, [0040]-[0048], [0050]-[0062]; Woodard, [0042]-[0048], [0049]-[0057]), wherein said content repository comprises said universal content framework that further comprises said universal elements of said content attributes and a relationship between said universal elements of said content attributes (Models 912 manage the behavior and data of an application domain, and responds to requests for information about its state (from the views), and responds to instructions to change state (from the controllers). More specifically, models 912 notify views 914 about changes in information so that views 914 can react accordingly. Views 914 renders models 912 into forms suitable for interaction, typically in the form of a user interface element…… DOMs 916 assist in rendering views DOMs 916 are object models that represent objects irrespective of view. DOMs 916 and binders 918 are deployed to a client device only since they are only executable at a client device, Fernandez, [0063]-[0067], Fig. 9; Woodard, [0049]-[0057]); and
a user interface processor for preparing said modified object for transmission to at least two or more user devices, wherein said user devices are configured to use at least said two different computing platforms to render said payload content (each application generated by application builder 802 allows developers to develop one application that is interoperable between different device platforms and operating systems. The same single application may be deployed to a variety of devices and be executable on all of them. The applications may be deployed to any device that is capable of running or having a browser environment capable of executing the applications, Fernandez, [0050]-[0062], [0089], [0094]; Woodard, [0042]-[0048], [0049]-[0057]).
As to claim 2, Fernandez-Woodard discloses the system of claim 1, wherein said universal content framework further comprises at least one link between said universal elements of content attributes to content attributes for said modified representation of said object (Fernandez, [0050]-[0062], [0089], [0094]; Woodard, [0042]-[0048], [0049]-[0057]).
As to claim 3, Fernandez-Woodard discloses the system of claim 1, wherein said universal content framework further comprises atomic elements of content attributes and aggregate elements of content attributes (Woodard, Para. 0045-0047. Note: proxy viewport container reads on claimed “aggregate content attribute” while width and height read on claimed atomic attributes). Therefore, it would have been obvious to one having ordinary skill in the art at the time the application of the invention was filed to allow users to select content and adjust corresponding displaying attributes of devices as disclosed by Woodard to modify the system of Fernandez-Woodard in order to provide the same content across multiple platforms without requiring modification of underlying code.
As to claim 4, Fernandez-Woodard discloses the system of claim 1, wherein said object of content comprises a plurality of universal elements of content attributes (Fernandez, [0050]-[0062], [0089], [0094]; Woodard, [0042]-[0048], [0049]-[0057]).
As to claim 5, Fernandez-Woodard discloses the system of claim 1, wherein said modified representation of said object may include two or more modified representations of objects for different computing platforms (Fernandez, [0050]-[0062], [0089], [0094]; Woodard, [0042]-[0048], [0049]-[0057]).
As to claim 6, Fernandez-Woodard discloses the system of claim 1, wherein said object of content may comprise a container with a plurality of content attributes (proxy viewport container, Woodard, [0042]-[0048], [0049]-[0057]).
As to claim 7, Fernandez-Woodard discloses The system of claim 6, wherein said container may further comprise dynamic functionality (Woodard, [0042]-[0048], [0049]-[0057]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the application of the invention was filed to allow users to select content and adjust corresponding displaying attributes of devices as disclosed by Woodard to modify the system of Fernandez-Woodard in order to provide the same content across multiple platforms without requiring modification of underlying code.
As to claim 8, Fernandez-Woodard discloses The system of claim 7, wherein said modified representation of said object comprises a modified container with a plurality of content attributes and dynamic functionality (Woodard, [0042]-[0048], [0049]-[0057]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the application of the invention was filed to allow users to select content and adjust corresponding displaying attributes of devices as disclosed by Woodard to modify the system of Fernandez-Woodard in order to provide the same content across multiple platforms without requiring modification of underlying code.
As to claims 9-20, the same reasoning applies mutatis mutandis to the corresponding method claims 9-14 and non-transitory computer readable medium claims 15-20, which are therefore also not patently distinct over Fernandez modified by Woodard.
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 1-20 of U.S. Patent No. 10,397,304 B2 (hereinafter P304). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P304
A system for transmitting an object of content to two or more user devices that utilize at least two different computing platforms comprising:
A system for standardizing user interface content across computing platforms and computing devices comprising:
a hardware processor that is configured for identifying universal elements of content attributes related to an object of content and applying a universal content framework to said object to create at least one modified representation of said object that is configured to be translated by at least two different computing platforms into payload content;
a hardware processor for selecting content attributes based on their universal usage across distinct computing platforms and distinct computing devices and creating a universal content framework using said content attributes and JavaScript Object Notation format to implement said universal content framework in a language-independent data exchange;
a memory connected to said hardware processor;
a hardware processor for selecting content attributes based on their universal usage across distinct computing platforms and distinct computing devices and creating a universal content framework using said content attributes and JavaScript Object Notation format to implement said universal content framework in a language-independent data exchange;
a memory connected to said hardware processor for storing a content repository, wherein said content repository comprises said universal content framework that further comprises said universal elements of said content attributes and a relationship between said universal elements of said content attributes; and
a content repository for aggregating and storing one or more said content attributes; and
a user interface structure comprising said content attributes wherein one or more said content attributes in said content repository is linked to said universal content framework and wherein said user interface structure resides on user access devices, at least two of said user access devices having distinct operating systems and wherein said user interface structure represents said content attributes in an unmodified state in a user interface able to resize to adjust to size of a computing device display.
a user interface processor for preparing said modified object for transmission to at least two or more user devices, wherein said user devices are configured to use at least said two different computing platforms to render said payload content.
a user interface structure comprising said content attributes wherein one or more said content attributes in said content repository is linked to said universal content framework and wherein said user interface structure resides on user access devices, at least two of said user access devices having distinct operating systems and wherein said user interface structure represents said content attributes in an unmodified state in a user interface able to resize to adjust to size of a computing device display.
Claim 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P304 obviously disclose all limitations in claims 2-20 of the instant application. Therefore, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,938,880 B2 (hereinafter P880). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P880
A system for transmitting an object of content to two or more user devices that utilize at least two different computing platforms comprising:
A system for standardizing user interface content across computing platforms and computing devices comprising:
a hardware processor that is configured for identifying universal elements of content attributes related to an object of content and applying a universal content framework to said object to create at least one modified representation of said object that is configured to be translated by at least two different computing platforms into payload content;
a hardware processor for selecting content attributes based on their universal usage across distinct computing platforms and distinct computing devices and creating a universal content framework using said content attributes;
a memory connected to said hardware processor;
a hardware processor for selecting content attributes based on their universal usage across distinct computing platforms and distinct computing devices and creating a universal content framework using said content attributes;
a memory connected to said hardware processor for storing a content repository, wherein said content repository comprises said universal content framework that further comprises said universal elements of said content attributes and a relationship between said universal elements of said content attributes; and
a content repository for aggregating and storing one or more said content attributes; and
a user interface structure comprising said content attributes wherein one or more said content attributes in said content repository is linked to said universal content framework and wherein said user interface structure resides on user access devices, at least two of said user access devices having distinct operating systems and wherein said user interface structure represents said content attributes in an unmodified state.
a user interface processor for preparing said modified object for transmission to at least two or more user devices, wherein said user devices are configured to use at least said two different computing platforms to render said payload content.
a user interface structure comprising said content attributes wherein one or more said content attributes in said content repository is linked to said universal content framework and wherein said user interface structure resides on user access devices, at least two of said user access devices having distinct operating systems and wherein said user interface structure represents said content attributes in an unmodified state.
Claim 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P880 obviously disclose all limitations in claims 2-20 of the instant application. Accordingly, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,349,902 B2 (hereinafter P902). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P902
A system for transmitting an object of content to two or more user devices that utilize at least two different computing platforms comprising:
A system for presenting user interface content across computing platforms and computing devices comprising:
a hardware processor that is configured for identifying universal elements of content attributes related to an object of content and applying a universal content framework to said object to create at least one modified representation of said object that is configured to be translated by at least two different computing platforms into payload content;
a hardware processor for selecting standardized content based on its universal usage across distinct computing platforms and distinct computing devices and creating a unified framework using said standardized content;
a memory connected to said hardware processor;
a hardware processor for selecting standardized content based on its universal usage across distinct computing platforms and distinct computing devices and creating a unified framework using said standardized content;
a hardware processor for selecting standardized content based on its universal usage across distinct computing platforms and distinct computing devices and creating a unified framework using said standardized content;
a memory connected to said hardware processor for storing a content repository, wherein said content repository comprises said universal content framework that further comprises said universal elements of said content attributes and a relationship between said universal elements of said content attributes; and
a user interface comprising said standardized content wherein said standardized content in said content repository is linked to said unified framework and wherein said user interface resides on user access devices, at least two of said user access devices having distinct operating systems and wherein said user interface is configured such that said standardized content is bound to one or more underlying data sources.
a user interface processor for preparing said modified object for transmission to at least two or more user devices, wherein said user devices are configured to use at least said two different computing platforms to render said payload content.
a user interface comprising said standardized content wherein said standardized content in said content repository is linked to said unified framework and wherein said user interface resides on user access devices, at least two of said user access devices having distinct operating systems and wherein said user interface is configured such that said standardized content is bound to one or more underlying data sources.
Claim 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P902 obviously disclose all limitations in claims 2-20 of the instant application. Therefore, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,677,807 (hereinafter P807). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claims 1 and 6 of P807
A system for transmitting an object of content to two or more user devices that utilize at least two different computing platforms comprising:
A system for creating a cross-platform user interface comprising:
a hardware processor for developing a single shared code base using content attributes which are universally present across distinct computing platforms; a memory connected to said hardware processor;
a memory connected to said hardware processor;
a hardware processor that is configured for identifying universal elements of content attributes related to an object of content and applying a universal content framework to said object to create at least one modified representation of said object that is configured to be translated by at least two different computing platforms into payload content;
(from claim 6) The system for creating a cross-platform user interface of claim 1 wherein said content attributes in said library are linked to said unified framework by identifying said content attributes using tags.
a memory connected to said hardware processor for storing a content repository, wherein said content repository comprises said universal content framework that further comprises said universal elements of said content attributes and a relationship between said universal elements of said content attributes; and
a library for storing said content attributes; and
a user interface processor for preparing said modified object for transmission to at least two or more user devices, wherein said user devices are configured to use at least said two different computing platforms to render said payload content.
a unified framework wherein said single shared code base interfaces with said content attributes to provide consistent displays on user access devices, at least two of said user access devices having distinct operating systems,
Claim 1 of the instant application is obviously disclosed by patent claim 6 in that claim 6 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P807 obviously disclose all limitations in claims 2-20 of the instant application. Therefore, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,126,670 B2 (hereinafter P670). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P670
A system for transmitting an object of content to two or more user devices that utilize at least two different computing platforms comprising:
A system for standardizing user interface content across computing platforms and computing devices comprising:
a hardware processor that is configured for identifying universal elements of content attributes related to an object of content and applying a universal content framework to said object to create at least one modified representation of said object that is configured to be translated by at least two different computing platforms into payload content;
a means for selecting content attributes based on their universal usage across distinct computing platforms and distinct computing devices and creating a universal content framework using said content attributes;
a memory connected to said hardware processor for storing a content repository, wherein said content repository comprises said universal content framework that further comprises said universal elements of said content attributes and a relationship between said universal elements of said content attributes; and
a memory connected to said means for selecting content attributes;
a means for aggregating and storing one or more said content attributes; and
a user interface structure comprising said content attributes wherein one or more said content attributes in said means for aggregating and storing is linked to said universal content framework and wherein said user interface structure resides on user access devices, at least two of said user access devices having distinct operating systems and wherein said user interface structure represents said content attributes in an unmodified state.
a user interface processor for preparing said modified object for transmission to at least two or more user devices, wherein said user devices are configured to use at least said two different computing platforms to render said payload content.
a user interface structure comprising said content attributes wherein one or more said content attributes in said means for aggregating and storing is linked to said universal content framework and wherein said user interface structure resides on user access devices, at least two of said user access devices having distinct operating systems and wherein said user interface structure represents said content attributes in an unmodified state.
Claim 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-18 of P670 obviously disclose all limitations in claims 2-20 of the instant application. Therefore, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Conclusion
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/RUOLEI ZONG/Primary Examiner, Art Unit 2449 2/6/2026