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 .
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 – 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,121,801. Although the claims at issue are not identical, they are not patentably distinct from each other because the application and the parent both claim displaying a sequence of frames using a client device, the sequence of frames being rendered using content received from a cloud-hosted instance of an application; downloading, at least partially in parallel with receiving the content from the cloud- hosted instance of the application, data files of the application for executing a local instance of the application using the client device; based at least on the downloading of the data files reaching a download threshold, displaying, using the client device, an indication that the local instance of the application is available for execution; receiving, responsive to the displaying the indication, a request to switch presentation of the content received from the cloud-hosted instance of the application to content generated using the local instance of the application; and responsive to the request to switch the presentation, launching the local instance of the application using the client device and one or more portions of the data files to generate the content using the local instance of the application. Therefore, the subject matter claimed in the instant application is not patentably distinct from the parent claims.
Examiner’s Note
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maitlen et al. (US Pub. No. 2021/0260470) discloses facilitating a convenient transfer of control elements for a gaming session from one device to another device without interrupting the gaming session for one or more players. For example, systems disclosed herein include pairing an input device (e.g., a gaming controller) with one or more client devices. Once paired, the input device may detect a trigger condition based on proximity of a registered client device to the input device. The client device may pull control of one or more control elements for the gaming session. The client device may then continue the gaming session without interrupting the experience for the user or for other users that may be engaged within the gaming session.
Colenbrander (US Pub. No. 2017/0216720) discloses executing downloading and updating save data to a data center are described. Save data is downloaded from a cloud storage to the data center before play of a game to cache the save data in the data center. Any updates to the save data that occur during a play of a game are stored in the data center and are uploaded to the cloud storage. Next time, a user desires to access the game, there is no need to transfer the updates to the data center from the cloud storage.
Perry et al. (US Pub. No. 2017/0050111) discloses receiving, over a network by a cloud gaming server computer, a request from a client device to initiate gameplay of a cloud video game; responsive to the request, assigning the client device to a first data center from which to stream the gameplay of the cloud video game; responsive to the request, initiating transfer of user save data over the network from a second data center to the first data center; loading the cloud video game on a cloud gaming machine at the first data center, the loading of the cloud video game including loading of generic save data; initiating interactive gameplay of the cloud video game with the generic save data; during the interactive gameplay, completing the transfer of the user save data to the first data center; applying the user save data to update the execution of the cloud video game.
However, the prior arts do not expressly disclose or teach displaying a sequence of frames using a client device, the sequence of frames being rendered using content received from a cloud-hosted instance of an application; downloading, at least partially in parallel with receiving the content from the cloud- hosted instance of the application, data files of the application for executing a local instance of the application using the client device; based at least on the downloading of the data files reaching a download threshold, displaying, using the client device, an indication that the local instance of the application is available for execution; receiving, responsive to the displaying the indication, a request to switch presentation of the content received from the cloud-hosted instance of the application to content generated using the local instance of the application; and responsive to the request to switch the presentation, launching the local instance of the application using the client device and one or more portions of the data files to generate the content using the local instance of the application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKIT B DOSHI whose telephone number is (571)270-7863. The examiner can normally be reached Mon - Fri. ~8:30 - ~5:30.
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/ANKIT B DOSHI/Examiner, Art Unit 3715
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