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 .
Allowable Subject Matter
1.The following is a statement of reasons for the indication of allowable subject matter: Claims 1-20 would be allowable if it overcome the double patenting rejections.
Double Patenting
2. 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of Co-pending Patent application No. (17/589,330). Although the conflicting claims are not identical, they are not patentably distinct from each other because they both claims similar methods and comprise almost identical steps.
Both the current application and the co-pending patent application claims similar methods of: determining, at the client device, based on one or more of a plurality of real time performance measures or a user input, the presence of a fault associated with a currently-active video conference executed in the video conference application; determining, at the client device by the video conference application, a plurality of potential causes of the fault based at least in part on the plurality of real time performance measures; providing, at the client device by the video conference application, a notification of the presence of the fault to the user; and generating, at the client device by the video conference application, a list of potential actions to alleviate the fault in real time, the list of potential actions based at least in part on the plurality of potential causes of the fault. The current application is distinct and broader than the co-pending application, since the current application not specifically disclose “receiving, at a client device, a plurality of real time performance measures associated with a currently-active video conference executing in a video conference application executed by the client device” in the claims (See claims below for comparison).
Application No. 18958033
1. A method comprising: executing a video conference application at the client device; determining, at the client device, based on one or more of a plurality of real time performance measures or a user input, the presence of a fault associated with a currently-active video conference executed in the video conference application; determining, at the client device by the video conference application, a plurality of potential causes of the fault based at least in part on the plurality of real time performance measures; providing, at the client device by the video conference application, a notification of the presence of the fault to the user; and generating, at the client device by the video conference application, a list of potential actions to alleviate the fault in real time, the list of potential actions based at least in part on the plurality of potential causes of the fault.
Co-pending patent application No. 17/589,330
1. A method comprising: receiving, at a client device, a plurality of real time performance measures associated with a currently-active video conference executing in a video conference application executed by the client device; determining, at the client device by the video conference application, based on one or more of the plurality of real time performance measures or a user input, the presence of a fault associated with the currently-active video conference; determining, at the client device by the video conference application, a plurality of
potential causes of the fault based at least in part on the plurality of real time performance
measures; providing, at the client device by the video conference application, a notification of
the presence of the fault to the user; and generating, at the client device by the video conference application, a suggested action to alleviate the fault in real time, the suggested action based at least in part on the plurality of potential causes of the fault.
Application No. 18958033
11. A non-transitory computer-readable medium comprising processor-executable instructions configured to cause one or more processors to: execute a video conference application at the client device; determine, at the client device, based on one or more of a plurality of real time performance measures or a user input, the presence of a fault associated with a currently-active video conference executed in the video conference application; determine, at the client device by the video conference application, a plurality of potential causes of the fault based at least in part on the plurality of real time performance measures; provide, at the client device by the video conference application, a notification of the presence of the fault to the user; and generate, at the client device by the video conference application, a list of potential actions to alleviate the fault in real time, the list of potential actions based at least in part on the plurality of potential causes of the fault.
Co-pending patent application No. 17/589,330
8. A non-transitory computer-readable medium comprising processor-executable instructions configured to cause one or more processors to: receive, at a client device, a plurality of real time performance measures associated with a currently-active video conference executing in a video conference application; determine, at the client device, based on one or more of the plurality of real time performance measures or a user input, the presence of a fault associated with the currently- active video conference; determine, at the client device, a plurality of potential causes of the fault based at least in part on the plurality of real time performance measures; provide, at the client device, a notification of the presence of the fault to the user; and generate, at the client device, a suggested action to alleviate the fault in real time, the suggested action based at least in part on the plurality of potential causes of the fault.
Application No. 18958033
16. A device comprising: a communications interface; a non-transitory computer-readable medium; and one or more processors configured to execute processor-executable instructions stored in the non-transitory computer-readable medium to: execute a video conference application at the client device; determine, at the client device, based on one or more of a plurality of real time performance measures or a user input, the presence of a fault associated with a currently-active video conference executed in the video conference application; determine, at the client device by the video conference application, a plurality of potential causes of the fault based at least in part on the plurality of real time performance measures; provide, at the client device by the video conference application, a notification of the presence of the fault to the user; and generate, at the client device by the video conference application, a list of potential actions to alleviate the fault in real time, the list of potential actions based at least in part on the plurality of potential causes of the fault.
Co-pending patent application No. 17/589,330
15. A device comprising: a communications interface; a non-transitory computer-readable medium; and one or more processors configured to execute processor-executable instructions stored in the non-transitory computer-readable medium to: receive, at a client device, a plurality of real time performance measures associated with a currently-active video conference executing in a video conference application; determine, at the client device, based on one or more of the plurality of real time performance measures or a user input, the presence of a fault associated with the currently-active video conference; determine, at the client device, a plurality of potential causes of the fault based at least in part on the plurality of real time performance measures; provide, at the client device, a notification of the presence of the fault to the user; and generate, at the client device, a suggested action to alleviate the fault in real time, the suggested action based at least in part on the plurality of potential causes of the fault.
Application No. 18958033
7. The method of claim 1, wherein the real time performance measures reflect a real time performance state of at least one of a hardware element, a software element, or a network element.
Co-pending patent application No. 17/589,330
3. The method of claim 1, wherein the real time performance measures reflect a real time performance state of at least one of a hardware element, a software element, or a network element.
The subject matter claimed in the instant application is fully disclosed in the Co-pending patent application 17/589,330 since the current and the Co-pending application are claiming common subject matter, as follows:
The claimed invention in the instant application is fully disclosed in the co-pending patent application. No new invention or new improvement is being claimed in the instant application. Applicant is now attempting to claim broadly that which had been previously described in more detail in the claims of the patent (In re Van Ornum, 214 USPQ 761 CCPA 1982).
Furthermore, there is no apparent reason why Applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691
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