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 . The application has been examined. Claims 1-12 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/05/2025 and 05/05/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
Claims 1-12 are objected to as being allowable if claims overcome the Obviousness Double Patenting and Claim Objections.
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); and 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).
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Claims 1-12 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-22 of the U.S. Patent No. 12,160,472. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claims 1-12 of the instant application and claims 1-22 of the U.S. Patent No. 12,160,472 is that the claims of the instant application discloses the scope of the invention to be broader than to the scope of the U.S. Patent No. 12,160,472.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of the U.S. Patent No. 12,160,472. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 1 of the instant application and claim 1 of the U.S. Patent No. 12,160,472 is that the claims of the instant application discloses method steps which are broader to the method steps of the U.S. Patent No. 12,160,472.
Claim 11 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 9 of the U.S. Patent No. 12,160,472. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 11 of the instant application and claim 9 of the U.S. Patent No. 12,160,472 is that the claims of the instant application discloses computer-readable non-transitory storage medium implementing the method steps which are broader to the computer-readable non-transitory storage medium implementing the method steps of the U.S. Patent No. 12,160,472.
Claim 12 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 16 of the U.S. Patent No. 12,160,472. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 12 of the instant application and claim 16 of the U.S. Patent No. 12,160,472 is that the claims of the instant application discloses claims which are broader to the claims of the U.S. Patent No. 12,160,472.
Claims Comparison Table
Instant Application:
18/936,522
U.S. Patent No. 12,160,472 B2
(common inventive entity and assignee)
Claim 1:
A method, comprising: by a first electronic device: receiving an indication that a second electronic device is viewing a copy of a data object without editing the copy of the data object, wherein the second electronic device is different from the first electronic device; after receiving the indication that the second electronic device is viewing the copy of the data object without editing the copy of the data object, synchronizing, at a first rate of synchronization, the copy of the data object with the second electronic device; while synchronizing, at the first rate of synchronization, the copy of the data object with the second electronic device, receiving an indication that the second electronic device is editing the copy of the data object; and in response to receiving the indication that the second electronic device is editing the copy of the data object, synchronizing, at a second rate of synchronization different from the first rate of synchronization, the copy of the data object with the second electronic device.
Claim 1:
A method, comprising: by a first electronic device: joining an activity session associated with a data object; and while joined to the activity session: synchronizing, using a first data transfer channel, a first copy of the data object with a storage resource; receiving an indication that a second electronic device has joined the activity session associated with the data object; and subsequent to receiving the indication that the second electronic device has joined the activity session: establishing a second data transfer channel separate from the first data transfer channel; and synchronizing, using the first data transfer channel, the first copy of the data object with the storage resource; synchronizing, using the second data transfer channel without using the first data channel, a second copy of the data object with the second electronic device while continuing to separately synchronize, using the first data transfer channel, the first copy of the data object with the storage resource.
Claim 2:
The method of claim 1, further comprising: receiving an indication that the second electronic device is editing the data object, wherein establishing the second data transfer channel is performed in response to receiving the indication that the second electronic device is editing the data object.
Claim 5:
The method of claim 1, further comprising: subsequent to establishing the second data transfer channel, and while the second data transfer channel is established: synchronizing, using the second data transfer channel, a third copy of the data object with the second electronic device at a first synchronization rate; and synchronizing, using the first data transfer channel, a fourth copy of the data object with the storage resource at a second synchronization rate, wherein the first synchronization rate is different from the second synchronization rate.
Claim 2:
The method of claim 1, wherein the copy of the data object is synchronized, at the first rate of synchronization, with the second electronic device in response to receiving the indication that the second electronic device is viewing the copy of the data object without editing the copy of the data object.
Claim 2:
The method of claim 1, further comprising: receiving an indication that the second electronic device is editing the data object, wherein establishing the second data transfer channel is performed in response to receiving the indication that the second electronic device is editing the data object.
Claim 5:
The method of claim 1, further comprising: subsequent to establishing the second data transfer channel, and while the second data transfer channel is established: synchronizing, using the second data transfer channel, a third copy of the data object with the second electronic device at a first synchronization rate; and synchronizing, using the first data transfer channel, a fourth copy of the data object with the storage resource at a second synchronization rate, wherein the first synchronization rate is different from the second synchronization rate.
Claim 3:
The method of claim 1, wherein the copy of the data object is synchronized, at the first rate of synchronization, with the second electronic device using a first data transfer channel, and wherein the copy of the data object is synchronized, at the second rate of synchronization, with the second electronic device using a second data transfer channel separate from the first data transfer channel.
Claim 5:
The method of claim 1, further comprising: subsequent to establishing the second data transfer channel, and while the second data transfer channel is established: synchronizing, using the second data transfer channel, a third copy of the data object with the second electronic device at a first synchronization rate; and synchronizing, using the first data transfer channel, a fourth copy of the data object with the storage resource at a second synchronization rate, wherein the first synchronization rate is different from the second synchronization rate.
Claim 4:
The method of claim 3, further comprising: after receiving the indication that the second electronic device is editing the copy of the data object, maintaining establishment of the first data transfer channel while synchronizing, at the second rate of synchronization, the copy of the data object with the second electronic device.
Claim 5:
The method of claim 1, further comprising: subsequent to establishing the second data transfer channel, and while the second data transfer channel is established: synchronizing, using the second data transfer channel, a third copy of the data object with the second electronic device at a first synchronization rate; and synchronizing, using the first data transfer channel, a fourth copy of the data object with the storage resource at a second synchronization rate, wherein the first synchronization rate is different from the second synchronization rate.
Claim 5:
The method of claim 4, further comprising: in response to receiving the indication that the second electronic device is editing the copy of the data object, reducing a rate of transfer for the first data transfer channel.
Claim 4:
The method of claim 1, further comprising: subsequent to establishing the second data transfer channel, and while the second data transfer channel is established, decreasing a synchronization rate of synchronization using the first data transfer channel.
Claim 11:
A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of a first electronic device, the one or more programs including instructions for: receiving an indication that a second electronic device is viewing a copy of a data object without editing the copy of the data object, wherein the second electronic device is different from the first electronic device; after receiving the indication that the second electronic device is viewing the copy of the data object without editing the copy of the data object, synchronizing, at a first rate of synchronization, the copy of the data object with the second electronic device; while synchronizing, at the first rate of synchronization, the copy of the data object with the second electronic device, receiving an indication that the second electronic device is editing the copy of the data object; and in response to receiving the indication that the second electronic device is editing the copy of the data object, synchronizing, at a second rate of synchronization different from the first rate of synchronization, the copy of the data object with the second electronic device.
Claim 9:
A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of a first electronic device, the one or more programs includes instructions for: joining an activity session associated with a data object; and while joined to the activity session: synchronizing, using a first data transfer channel, a first copy of the data object with a storage resource; receiving an indication that a second electronic device has joined the activity session associated with the data object; and subsequent to receiving the indication that the second electronic device has joined the activity session: establishing a second data transfer channel separate from the first data transfer channel; and synchronizing, using the second data transfer channel without using the first data channel, a second copy of the data object with the second electronic device while continuing to separately synchronize, using the first data transfer channel, the first copy of the data object with the storage resource.
Claim 10:
The non-transitory computer-readable storage medium of claim 9, the one or more programs includes instructions for: receiving an indication that the second electronic device is editing the data object, wherein establishing the second data transfer channel is performed in response to receiving the indication that the second electronic device is editing the data object.
Claim 13:
The non-transitory computer-readable storage medium of claim 9, the one or more programs includes instructions for: subsequent to establishing the second data transfer channel, and while the second data transfer channel is established: synchronizing, using the second data transfer channel, a third copy of the data object with the second electronic device at a first synchronization rate; and synchronizing, using the first data transfer channel, a fourth copy of the data object with the storage resource at a second synchronization rate, wherein the first synchronization rate is different from the second synchronization rate.
Claim 12:
A first electronic device comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: receiving an indication that a second electronic device is viewing a copy of a data object without editing the copy of the data object, wherein the second electronic device is different from the first electronic device; after receiving the indication that the second electronic device is viewing the copy of the data object without editing the copy of the data object, synchronizing, at a first rate of synchronization, the copy of the data object with the second electronic device; while synchronizing, at the first rate of synchronization, the copy of the data object with the second electronic device, receiving an indication that the second electronic device is editing the copy of the data object; and in response to receiving the indication that the second electronic device is editing the copy of the data object, synchronizing, at a second rate of synchronization different from the first rate of synchronization, the copy of the data object with the second electronic device.
Claim 16:
A first electronic device, the first electronic device comprises one or more processors and memory storing one or more program configured to be executed by the one or more processors, the one or more programs includes instructions for: joining an activity session associated with a data object; and while joined to the activity session: synchronizing, using a first data transfer channel, a first copy of the data object with a storage resource; receiving an indication that a second electronic device has joined the activity session associated with the data object; and subsequent to receiving the indication that the second electronic device has joined the activity session: establishing a second data transfer channel separate from the first data transfer channel; and synchronizing, using the second data transfer channel without using the first data channel, a second copy of the data object with the second electronic device while continuing to separately synchronize, using the first data transfer channel, the first copy of the data object with the storage resource.
Claim 17:
The first electronic device of claim 16, the one or more programs includes instructions for: receiving an indication that the second electronic device is editing the data object, wherein establishing the second data transfer channel is performed in response to receiving the indication that the second electronic device is editing the data object.
Claim 20:
The first electronic device of claim 16, the one or more programs includes instructions for: subsequent to establishing the second data transfer channel, and while the second data transfer channel is established: synchronizing, using the second data transfer channel, a third copy of the data object with the second electronic device at a first synchronization rate; and synchronizing, using the first data transfer channel, a fourth copy of the data object with the storage resource at a second synchronization rate, wherein the first synchronization rate is different from the second synchronization rate.
In interpreting the currently amended claims, in light of the specification, the Examiner finds the claimed invention to be patentable distinct from the prior art of records.
Leigh et al. (2022/0109651) discloses a method, comprising: by a first electronic device: receiving an indication that a second electronic device is viewing a copy of a data object without editing the copy of the data object, wherein the second electronic device is different from the first electronic device.
However, the prior art of record fails to teach or suggest after receiving the indication that the second electronic device is viewing the copy of the data object without editing the copy of the data object, synchronizing, at a first rate of synchronization, the copy of the data object with the second electronic device; while synchronizing, at the first rate of synchronization, the copy of the data object with the second electronic device, receiving an indication that the second electronic device is editing the copy of the data object; and in response to receiving the indication that the second electronic device is editing the copy of the data object, synchronizing, at a second rate of synchronization different from the first rate of synchronization, the copy of the data object with the second electronic device as set forth in independent Claim 1. The cited prior art does not teach or suggest of after receiving the indication that the second electronic device is viewing the copy of the data object without editing the copy of the data object, synchronizing, at a first rate of synchronization, the copy of the data object with the second electronic device. The cited art does not teach or suggest while synchronizing, at the first rate of synchronization, the copy of the data object with the second electronic device, receiving an indication that the second electronic device is editing the copy of the data object. The cited art does not teach or suggest in response to receiving the indication that the second electronic device is editing the copy of the data object, synchronizing, at a second rate of synchronization different from the first rate of synchronization, the copy of the data object with the second electronic device. Thus, these are some of the reasons why the claims are allowable.
Similar limitations are present with independent claims 11 and 12. Therefore, Claims 1, 11, and 12 are allowed because of the combination of other limitations and the limitations listed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW WOO whose telephone number is (571)270-7521. The examiner can normally be reached Telework 9:00AM-6:00PM | IFP M-F 9:00AM-6:00PM.
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/ANDREW WOO/Examiner, Art Unit 2441