DETAILED ACTION
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This Office Action is in response to the communication filed on 11/12/2024.
Claims 1-20 are pending for consideration.
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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
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 1-20 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.
Claims 1, 10 and 19 recite the limitation "the message until the message" in the first limitation of these claims. It is unclear which message is read from the second user and how that message is displayed on the second user interface. There is insufficient antecedent basis for this limitation in the claim.
The dependent claims 2-9, 11-18 and 20 are depended on the rejected base claim, and are rejected for the same rationales.
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 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 9-11 of U.S. Patent No. 11126738. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications disclose a common subject matter, such as, methods, systems and machine-readable programs for enabling a secure channel for communicating self-destructive messages. (See Claims Comparison Table below)
Instant Application 18944396
Patent Application 11126738
Claim 1
A computer-implemented method comprising providing an electronic tool to a user to facilitate communicating self-destructive messages between a first user and a second user via at least one processor circuit programmed to: render indicia identifying a plurality of message categories on a first user interface of a first user device for the first user, wherein each message category corresponds to a respective security level required to be established for the message until the message is read by the second user on a second user interface of a second user device; receive at the server the message, at least one message category, and a message display interval from the first user device in accordance with the security level associated with the at least one message category; authenticate a request of the second user to access the message; and transmit the message, the at least one message category and the message display interval from the server toward the second user device in accordance with the security level associated with the at least one message category, wherein the second user device is configured to destruct the message on expiry of the message display interval when the second user has read the message on the second user interface.
Claim 1
A computer-implemented method comprising providing an electronic tool to a user to facilitate communicating self-destructive messages between a first user and a second user via at least one processor circuit programmed to: render indicia identifying a plurality of message categories on a first user interface of a first user device for the first user, wherein each message category corresponds to a respective security level required to be established for the message until the message is read by the second user on a second user interface of a second user device; receive at the server the message, at least one message category, and a message display interval from the first user device in accordance with the security level associated with the at least one message category; authenticate a request of the second user to access the message; transmit the message, the at least one message category and the message display interval from the server toward the second user device in accordance with the security level associated with the at least one message category, wherein the second user device is configured to destruct the message on expiry of the message display interval when the second user has read the message on the second user interface; receive current geographic co-ordinates of the first user and the second user; compare the current geographic co-ordinates of the first user and the second user with respective pre-stored geographic co-ordinates of the first user and the second user to determine location of the first user and the second user within or near to a predetermined location; and authorize the first user and the second user to establish communication of the self-destructive messages, when the current geographic co-ordinates of the first user and the second user are found within or near to the predetermined location.
Claim 1
A computer-implemented method comprising providing an electronic tool to a user to facilitate communicating self-destructive messages between a first user and a second user via at least one processor circuit programmed to: render indicia identifying a plurality of message categories on a first user interface of a first user device for the first user, wherein each message category corresponds to a respective security level required to be established for the message until the message is read by the second user on a second user interface of a second user device; receive at the server the message, at least one message category, and a message display interval from the first user device in accordance with the security level associated with the at least one message category; authenticate a request of the second user to access the message; and transmit the message, the at least one message category and the message display interval from the server toward the second user device in accordance with the security level associated with the at least one message category, wherein the second user device is configured to destruct the message on expiry of the message display interval when the second user has read the message on the second user interface.
Claim 9
A computer-implemented method comprising providing an electronic tool to a user to facilitate generating a self-destructive message via at least one processor circuit programmed to: receive a request from a first user for a second user on a first user interface to create a message; render indicia identifying a plurality of categories on the first user interface by rendering a plurality of colored areas representing the respective plurality of categories on the first user interface, wherein a first colored area has a first color which is different from a second color of a second colored area, wherein each category of the plurality of categories corresponds to a respective security level required to be established for the message until the message is read by another user on a second user interface, and further wherein at least one category from the plurality of categories corresponds to a self-destructive message category; receive an input from the first user regarding a selection of the at least one category from the plurality of categories for the message; receive at least one timing related input from the first user corresponding to the message, wherein the at least one timing related input includes a self-destructive interval for the message; and communicate the message, indicia relating to the at least one selected category, and the at least one timing related input to the server configured to deliver the message to the second user interface where the message is automatically destructed after expiry of the self-destructive interval when the second user has read the message.
The dependent claims 2-9 of the instant application recite language similar to the dependent claims 2-5 and 10-11 of the patent application and are covered by the patent application.
Claims 10-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12141312. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications disclose a common subject matter, such as, methods, systems and machine-readable programs for enabling a secure channel for communicating self-destructive messages. (See Claims Comparison Table below)
Instant Application 18944396
Patent Application 12141312
Claim 10
A computer system including memory circuity coupled to processing circuitry to provide an electronic tool to a user to facilitate communicating self-destructive messages between a first user and a second user via at least one processor circuit, wherein the at least one processor circuit is programmed to: render indicia identifying a plurality of message categories on a first user interface of a first user device for the first user, wherein each message category corresponds to a respective security level required to be established for the message until the message is read by the second user on a second user interface of a second user device; receive at the server the message, at least one message category, and a message display interval from the first user device in accordance with the security level associated with the at least one message category; authenticate a request of the second user to access the message; and transmit the message, the at least one message category and the message display interval from the server toward the second user device in accordance with the security level associated with the at least one message category, wherein the second user device is configured to destruct the message on expiry of the message display interval when the second user has read the message on the second user interface.
Claim 1
A computer system including memory circuitry coupled to processing circuitry to provide an electronic tool to a user to facilitate communicating self-destructive messages between a first user and a second user via at least one processor circuit, wherein the at least one processor circuit is programmed to: render indicia identifying a plurality of message categories on a first user interface of a first user device for the first user, wherein each message category corresponds to a respective security level required to be established for the message until the message is read by the second user on a second user interface of a second user device; receive at the server the message, at least one message category, and a message display interval from the first user device in accordance with the security level associated with the at least one message category; authenticate a request of the second user to access the message; and transmit the message, the at least one message category and the message display interval from the server toward the second user device in accordance with the security level associated with the at least one message category, wherein the second user device is configured to destruct the message on expiry of the message display interval.
Claim 19
A non-transitory machine readable medium storing instructions executable by at least one processor circuit to provide an electronic tool to a user to facilitate communicating self-destructive messages between a first user and a second user via at least one processor circuit, wherein said instructions, when executed by the at least one processor circuit, cause the at least one processor circuit to: render indicia identifying a plurality of message categories on a first user interface of a first user device for the first user, wherein each message category corresponds to a respective security level required to be established for the message until the message is read by the second user on a second user interface of a second user device; receive at the server the message, at least one message category, and a message display interval from the first user device in accordance with the security level associated with the at least one message category; authenticate a request of the second user to access the message; and transmit the message, the at least one message category and the message display interval from the server toward the second user device in accordance with the security level associated with the at least one message category, wherein the second user device is configured to destruct the message on expiry of the message display interval when the second user has read the message on the second user interface.
Claim 10
A non-transitory machine-readable medium storing instructions executable by at least one processor circuit to provide an electronic tool to a user to facilitate communicating self-destructive messages between a first user and a second user via at least one processor circuit, wherein said instructions, when executed by the at least one processor circuit, cause the at least one processor circuit to: render indicia identifying a plurality of message categories on a first user interface of a first user device for the first user, wherein each message category corresponds to a respective security level required to be established for the message until the message is read by the second user on a second user interface of a second user device; receive at the server the message, at least one message category, and a message display interval from the first user device in accordance with the security level associated with the at least one message category; authenticate a request of the second user to access the message; and transmit the message, the at least one message category and the message display interval from the server toward the second user device in accordance with the security level associated with the at least one message category, wherein the second user device is configured to destruct the message on expiry of the message display interval.
The dependent claims 11-18 and 20 of the instant application recite language similar to the dependent claims 2-9 and 11-18 of the patent application and are covered by the patent application.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under nonstatutory double patenting and under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art has been incorporated into the record and does not disclose, individually or in reasonable combination, the features disclosed in claims 1-20 as a whole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRANG T DOAN whose telephone number is (571)272-0740. The examiner can normally be reached Monday-Friday 7-4 ET.
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/TRANG T DOAN/Primary Examiner, Art Unit 2431