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 .
This office action is responsive to communication filed on 11/06/2024.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 10, and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 1, 10, and 17, the limitations of “wherein said first message is either a non-quoted message or becomes a quoted message; if said first message becomes said quoted message, then: a) a further message is displayed on said first device, said further message is displayed as a quote of at least a portion of said first message and a reply to said first message which is a reply message” are not enabled in the specification. It has not been disclosed in the specification how to detect whether a message is a non-quoted or quoted message. Therefore, one skilled in the art would not know how to make and/or use the invention.
Claims 2 – 9, 11 – 16, and 18 – 22 are necessarily rejected as being dependent upon the rejection of claims 1, 10, and 17.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 10, and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 10, and 17, the limitations of “wherein said first message is either a non-quoted message or becomes a quoted message; if said first message becomes said quoted message, then: a) a further message is displayed on said first device, said further message is displayed as a quote of at least a portion of said first message and a reply to said first message which is a reply message” are unclear. It is not clear without any algorithms or conditions in the claims how to detect whether a message is a non-quoted or quoted message and make a decision based on the detection.
Claims 2 – 9, 11 – 16, and 18 – 22 are necessarily rejected as being dependent upon the rejection of claims 1, 10, and 17.
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 obviousness-type 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Claims 3 – 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 30 of U.S. Patent No. 12,425,362 in view of MARQUEZ et al (US 2022/0393999 (hereinafter MARQUEZ).
Claims 3, 10, and 17 of US Application No. 18/939,448 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 17, and 22 of U.S. Patent No. 12,425,362. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1, 17, and 22 of the U.S. Patent mentioned all the limitations of the instant application, except for wherein said first message is either a non-quoted message or becomes a quoted message; if said first message becomes said quoted message, then:
a) a further message is displayed on said first device, said further message is displayed as a quote of at least a portion of said first message and a reply to said first message which is a reply message .
However, MARQUEZ, in an analogous art, discloses said further message is displayed as a quote of at least a portion of said first message and a reply to said first message which is a reply message (paragraphs [0078], [0118]; MARQUEZ discloses that the message 300 as it would be displayed on a user device for a user C whose message list includes message 300 because user5 with whom user C is associated by the messaging system engages with message 300 by quoting message 300 in another message).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of US Patent No. 12,425,362 by having a further message displayed as a quote of at least a portion of said first message for the purpose of improving solutions to editing of posted messages in social messaging environment; thereby providing a user friendly system.
"A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). " ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
US 18/939,448
US Patent No.12,425,362
3. (Newly Added) An apparatus for use with a group messaging system, said apparatus comprising:
a processor, and a memory associated with said processor having computer coded instructions therein, said computer coded instructions configured to, when executed by said processor, cause the apparatus to:
receive a first message in a message stream on a first device so that said first message appears in said message stream, wherein said first message originates from a second device remote from said first device, wherein said first message is either a non-quoted message or becomes a quoted message;
if said first message becomes said quoted message, then:
a) a further message is displayed on said first device, said further message is displayed as a quote of at least a portion of said first message and a reply to said first message which is a reply message, and which is entered on said first device, said quote and said reply message are displayed together so that said reply message is displayed as replying to said first message; and
b) after said reply message is transmitted from said first device to said second device, said further message appears in said message stream chronologically later than where said first message previously appeared in said message stream;
receiving selection of said first message by interacting with an area or object that is displayed on said second device and that is associated with said first message, so that said first message is a selected first message;
responsive to at least said selection, performing at least first determining to determine whether said selected first message is said quoted message; and
allowing or preventing editing of said selected first message based on a first determining result of said first determining.
4. (Newly Added) An apparatus according to claim 3, wherein further responsive to at least said selection, performing second determining to determine whether editing of said quoted message is permitted; and wherein said allowing or preventing said selected first message to be edited is also based on a second determining result of said second determining.
5. (Newly Added) An apparatus according to claim 3, wherein said computer coded instructions are further configured to cause the apparatus to perform the steps of: displaying an editing interface, wherein responsive to interaction with said editing interface, a second determining determines that editing of said selected first message is allowed, and
a) in said message stream prior to where said selected first message is quoted in said message stream:
said selected first message is modified with said editing to change text of said selected first message; a first edit indication that said selected first message has been edited, which is said editing of said selected first message itself, is displayed;
b) in said message stream where said selected first message is quoted in said further message: said selected first message is modified with said editing to change text of said selected first message; said first edit indication that said selected first message has been edited, which is said editing of said selected first message itself, is displayed; a second edit indication that is different than said first edit indication is displayed proximate to the display of said selected first message.
6. (Newly Added) An apparatus according to claim 3, wherein based on at least said first determining, editing of said selected first message is allowed.
7. (Newly Added) An apparatus according to claim 5, wherein said editing interface responsive to interaction therewith allows said selected first message that has been edited to be displayed with display of any one of a plurality of characterizations of said editing.
8. (Newly Added) An apparatus according to claim 3, wherein after said selected first message is edited, a stale reply warning is displayed proximate to the display of said further message to indicate that said reply message was placed into said message stream before said selected first message was edited.
9. (Newly Added) An apparatus according to claim 3, wherein editing of said selected first message based on at least said first determining is prevented.
10. (Newly Added) A method of group messaging, said method comprising the steps of: receive a first message in a message stream on a first device so that said first message appears in said message stream, wherein said first message originates from a second device remote from said first device, wherein said first message is either a non-quoted message or becomes a quoted message;
if said first message becomes said quoted message, then
a) a further message is displayed on said first device, said further message is displayed as a quote of at least a portion of said first message and a reply to said first message which is a reply message, and which is entered on said first device, said quote and said reply message are displayed together so that said reply message is displayed as replying to said first message; and
b) after said reply message is transmitted from said first device to said second device, said further message appears in said message stream chronologically later than where said first message previously appeared in said message stream;
receiving selection of said first message by interacting with an area or object that is displayed on said second device and that is associated with said first message, so that said first message is a selected first message;
responsive to at least said selection, performing at least first determining to determine whether said selected first message is said quoted message; and allowing or preventing editing of said selected first message based on a first determining result of said first determining.
11. (Newly Added) A method of group messaging according to claim 10,
wherein further responsive to at least said selection, performing second determining to determine whether editing of said quoted message is permitted; and
wherein said allowing or preventing said selected first message to be edited is also based on a second determining result of said second determining.
12. (Newly Added) A method of group messaging according to claim 10, said method further comprising the steps of: displaying an editing interface, wherein responsive to interaction with said editing interface, a second determining determines that editing of said selected first message is allowed, and:
a) in said message stream prior to where said selected first message is quoted in said message stream: said selected first message is modified with said editing to change text of said first message; a first edit indication that said selected first message has been edited, which is said editing of said selected first message itself, is displayed;
b) in said message stream where said selected first message is quoted in said further message: said selected first message is modified with said editing to change text of said selected first message; said first edit indication that said selected first message has been edited, which is said editing of said selected first message itself, is displayed; a second edit indication that is different than said first edit indication is displayed proximate to the display of said selected first message.
13. (Newly Added) A method of group messaging according to claim 10, wherein based on at least said first determining, editing of said selected first message is allowed.
14. (Newly Added) A method of group messaging according to claim 12, wherein said editing interface responsive to interaction therewith allows said selected first message that has been edited to be displayed with display of any one of a plurality of characterizations of said editing.
15. (Newly Added) A method of messaging according to claim 10, wherein after said selected first message is edited, a stale reply warning is displayed proximate to the display of said further
message to indicate that said reply message was placed into said message stream before said selected first message was edited.
16. (Newly Added) A method of messaging according to claim 10, wherein editing of said selected first message based on at least said first determining is prevented.
17. (Newly Added) A non-transitory computer readable medium having stored thereon instructions for operating a messaging system, the instructions, when executed by at least one processor, cause said at least one processor to implement the steps of:
receive a first message in a message stream on a first device so that said first message appears in said message stream, wherein said first message originates from a second device remote from said first device, wherein said first message is either a non-quoted message or becomes a quoted message;
if said first message becomes said quoted message, then:
a) a further message is displayed on said first device, said further message is displayed as a quote of at least a portion of said first message and a reply to said first message which is a reply message, and which is entered on said first device, said quote and said reply message are displayed together so that said reply message is displayed as replying to said first message; and
b) after said reply message is transmitted from said first device to said second device, said further message appears in said message stream chronologically later than where said first message previously appeared in said message stream;
receiving selection of said first message by interacting with an area or object that is displayed on said second device and that is associated with said first message, SO that said first message is a selected first message;
responsive to at least said selection, performing at least first determining to determine whether said selected first message is said quoted message; and allowing or preventing editing of said selected first message based on a first determining result of said first determining.
18. (Newly Added) A non-transitory computer readable medium according to claim 17,
wherein further responsive to at least said selection, performing second determining to determine whether editing of said quoted message is permitted; and
wherein said allowing or preventing said selected first message to be edited is also based on a second determining result of said second determining.
19. (Newly Added) A non-transitory computer readable medium according to claim 17, wherein said computer coded instructions are further configured to cause the apparatus to perform the steps of:
displaying an editing interface, wherein responsive to interaction with said editing interface, a second determining determines that editing of said selected first message is allowed, and:
a) in said message stream prior to where said selected first message is quoted in said message stream:
said selected first message is modified with said editing to change text of said selected first message;
a first edit indication that said first message has been edited, which is said editing of said selected first message itself, is displayed;
b) in said message stream where said selected first message is quoted in said further message: said selected first message is modified with said editing to change text of said selected first message; said first edit indication that said first message has been edited, which is said editing of said selected first message itself, is displayed; a second edit indication that is different than said first edit indication is displayed proximate to the display of said selected first message.
20. (Newly Added) A non-transitory computer readable medium according to claim 17, wherein based on at least said first determining, editing of said selected first message is allowed.
21. (Newly Added) A non-transitory computer readable medium according to claim 17, wherein after said selected first message is edited, a stale reply warning is displayed proximate to the display of said further message to indicate that said reply message was placed into said message stream before said selected first message was edited.
22. (Newly Added) A non-transitory computer readable medium according to claim 17, wherein editing of said selected first message based on at least said first determining is prevented.
1. An apparatus for use with a group-based communication system, said apparatus for creating a further message based on a first message and inserting said further message in a message stream, said apparatus comprising: a processor, and a memory associated with said processor having computer coded instructions therein, said computer coded instructions configured to, when executed by said processor, cause the apparatus to:
receive said first message on a first device having a first display, wherein said first message originates on a second device remote from said first device, and displaying of said first message occurs in said message stream on said first device; receive selection, from said first display, of said first message by selecting an area or object that is displayed on said first display and is associated with said first message; allow formation of said further message responsive to said selection; wherein said formation of said further message is initiated by a single step that is said selection itself, said further message comprising: a digital connection for maintaining correspondence between said further message and said first message; and a reply message that is a reply to said first message, wherein said reply message is added into said further message via a text entry box; transmit said further message from said first device, wherein said first message is received on said first device, and said further message is transmitted from said first device, at respectively different times, and wherein transmitting of said further message from said first device causes displaying of said further message in said message stream chronologically later than where said first message that received said selection appears in the message stream, and wherein display of said further message in said message stream includes displaying of at least a portion of said first message via said digital connection and as a redisplayed message; allow editing of said first message to cause said redisplayed message to include said editing, wherein said editing of said first message modifies the redisplayed message to include said editing based on said digital connection; after said further message appears in said message stream provide on said first device a first edit indication that said editing of said first message has occurred responsive to said editing, said first edit indication being displaying of the redisplayed message as modified to include said editing while said further message is being displayed on said first device; wherein after said further message is transmitted and appears in said message stream, said further message displays: said reply message, and a display object that is a displayed further area or further object displayed on said first display and is associated with said further message, wherein responsive to interaction with said display object on said first device, and based on said digital connection, a visual change affecting display of said first message on said first device occurs.
2. An apparatus according to claim 1, wherein said text entry box is displayed prior to said selecting, and wherein said reply message is enterable into said text entry box prior to said selection.
3. An apparatus according to claim 1, wherein said editing of said first message, by itself, modifies the redisplayed message to include said editing based on said digital connection.
4. An apparatus according to claim 1, wherein a second edit indication is provided on said first device, said second edit indication is other than said first edit indication, and said second edit indication that said redisplayed message has been edited is displayed so it appears associated with said redisplayed message.
5. An apparatus according to claim 1, wherein said first message and said redisplayed message are both displayed from data in a shared data resource shared between the first message and the redisplayed message.
6. An apparatus according to claim 1, wherein said redisplayed message is displayed responsive to a computing device processing said digital connection as a computer link.
7. An apparatus according to claim 1, wherein said single step is not an interaction with a menu.
8. An apparatus according to claim 1, wherein text of the first message that was input by a user on said second device and displayed on said first device is not included when the further message is transmitted.
9. An apparatus according to claim 1, wherein said digital connection maintains synchronicity between said first message and said redisplayed message.
10. An apparatus according to claim 1, wherein said editing of said first message on said second device is transmitted to said first device, said transmission including a message identifier that corresponds with said first message, said message identifier is said digital connection, wherein said first device locates one or more instances of said first message that corresponds with said message identifier and that were locally stored in said first device prior to said editing, and said first device modifies said instances based on said editing of said first message.
11. An apparatus according to claim 1, wherein an edit permission notification is provided on said first device, said edit permission notification indicating that said first message has been edited, wherein responsive to providing said edit permission notification on said first device, editing of said reply message that was included in said further message is permitted on said first device.
12. An apparatus according to claim 1, wherein a warning notification that the further message has been transmitted in response to the first message is provided on said second device responsive to an attempt on said second device to edit said first message.
13. A method for creating a further message based on a first message and inserting said further message in a message stream, said method comprising the steps of: receiving said first message on a first device having a first display, wherein said first message originates on a second device remote from said first device, and displaying of said first message occurs in said message stream on said first device; receiving selection, from said first display, of said first message by selecting an area or object that is displayed on said first display and is associated with said first message; allowing formation of said further message responsive to said selection; wherein said formation of said further message is initiated by a single step that is said selection itself, said further message comprising: a digital connection for maintaining correspondence between said further message and said first message; and a reply message that is a reply to said first message, wherein said reply message is added into said further message via a text entry box; transmitting said further message from said first device, wherein said receiving of said first message on said first device and said transmitting of said further message from said first device occur at respectively different times, said transmitting said further message from said first device causes displaying of the further message in the message stream chronologically later than where the first message that received said selection appeared in the message stream, and wherein display of the further message in the message stream includes displaying of at least a portion of the first message via said digital connection and as a redisplayed message; allowing editing of said first message to cause said redisplayed message to include said editing, wherein said editing of the first message modifies the redisplayed message to include said editing based on said digital connection; after said further message appears in said message stream, providing on said first device a first edit indication that said editing of said first message has occurred responsive to said editing, said first edit indication being displaying of the redisplayed message as modified to include said editing while said further message is being displayed on said first device; wherein after said further message is transmitted and appears in said message stream, said further message displays: said reply message, and a display object that is a displayed further area or further object displayed on said first display and is associated with said further message, wherein responsive to interaction with said display object on said first device, and based on said digital connection, a visual change affecting display of said first message on said first device occurs.
14. A method according to claim 13, wherein said text entry box is displayed prior to said selection, and wherein said reply message is enterable into said text entry box prior to said selection.
15. A method according to claim 13, wherein said editing of said first message, by itself, modifies the redisplayed message to include said editing based on said digital connection.
16. A method according to claim 13, wherein a second edit indication is provided on said first device, said second edit indication is other than said first edit indication, and said second edit indication that said redisplayed message has been edited is displayed so it appears associated with said redisplayed message.
17. A method according to claim 13, wherein said first message and said redisplayed message are both displayed from data in a shared data resource shared between the first message and the redisplayed message.
18. A method according to claim 13, wherein said redisplayed message is displayed responsive to a computing device processing said digital connection as a computer link.
19. A method according to claim 13, wherein text of the first message that was input by a user on said second device and displayed on said first device is not included when the further message is transmitted.
20. A non-transitory computer readable medium having stored thereon instructions for operating a messaging system, wherein a further message is created based on a first message and inserted into a message stream, the instructions, when executed by at least one processor, cause said at least one processor to implement the steps of: receiving said first message on a first device having a first display, wherein said first message originates on a second device remote from said first device, and displaying of said first message occurs in said message stream on said first device; receiving selection, from said first display, of said first message by selecting an area or object that is displayed on said first display and associated with said first message; allowing formation of said further message responsive to said selection; wherein said formation of said further message is initiated by a single step that is said selection itself, said further message comprising: a digital connection for maintaining correspondence between said further message and said first message; and a reply message that is a reply to said first message, wherein said reply message is added into said further message via a text entry box; transmitting said further message from said first device, wherein said receiving of said first message on said first device and said transmitting of said further message from said first device occur at respectively different times, said transmitting said further message from said first device causes displaying of the further message in the message stream chronologically later than where the first message that received said selection appeared in the message stream, and wherein display of the further message in the message stream includes displaying of at least a portion of the first message via said digital connection and as a redisplayed message; allowing editing of said first message to cause said redisplayed message to include said editing, wherein said editing of the first message modifies the redisplayed message to include said editing based on said digital connection; after said further message appears in said message stream, providing on said first device a first edit indication that said editing of said first message has occurred responsive to said editing, said first edit indication being displaying of the redisplayed message as modified to include said editing while said further message is being displayed on said first device; wherein after said further message is transmitted and appears in said message stream, said further message displays: said reply message, and a display object that is a displayed further area or further object displayed on said first display and is associated with said further message, wherein responsive to interaction with said display object on said first device, and based on said digital connection, a visual change affecting display of said first message on said first device to occur.
22. A non-transitory computer readable medium according to claim 20, wherein said visual change affecting display of said first message on said first device is said display of said first message where it visually appears in the message stream.
27. An apparatus for use with a group-based communication system, said apparatus for creating a further message based on a first message and inserting said further message in a message stream, said apparatus comprising: a processor, and a memory associated with said processor having computer coded instructions therein, said computer coded instructions configured to, when executed by said processor, cause the apparatus to: receive said first message on a first device having a first display, wherein said first message originates on a second device remote from said first device, and displaying of said first message occurs in said message stream on said first device; receive selection, from said first display, of said first message by selecting an area or object that is displayed on said first display and is associated with said first message; allow formation of said further message responsive to said selection; wherein said formation of said further message is initiated by a single step that is said selection itself, said further message comprising: a digital connection for maintaining correspondence between said further message and said first message; and a reply message that is a reply to said first message, wherein said reply message is added into said further message via a text entry box, and wherein said reply message is enterable into said text entry box prior to said selection; transmit said further message from said first device, wherein said first message is received on said first device, and said further message is transmitted from said first devices at respectively different times, and wherein transmitting of said further message from said first device causes displaying of said further message in said message stream chronologically later than where said first message that received said selection appears in said message stream and wherein display of said further message in said message stream includes displaying of at least a portion of said first message as a redisplayed message; wherein source of display of said redisplayed message is said digital connection; wherein after said further message is transmitted and appears in said message stream said further message displays: said reply message, and a display object that is a displayed further area or further object displayed on said first display and is associated with said further message, wherein responsive to interaction with said display object on said first device, and based on said digital connection, a visual change affecting display of said first message on said first device occurs.
28. An apparatus according to claim 27, wherein said digital connection maintains synchronicity between said first message and said further message.
31. An apparatus according to claim 27, wherein source of display of said redisplayed message is not from text of the first message transmitted by said first device at the time said further message is transmitted by said first device.
32. An apparatus according to claim 27, wherein a characterization of an edit to the first message is allowed responsive to editing of said first message on said second device and wherein a characterization indication is displayed associated with said edited first message.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
MARQUEZ et al (US 2022/0393999) discloses a messaging system with capability to edit sent messages.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVES DALENCOURT whose telephone number is (571)272-3998. The examiner can normally be reached M-F 8AM-5:30PM.
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/YVES DALENCOURT/Primary Examiner, Art Unit 2457
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