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 1-21 of application 18/969,851 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 12182718. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-21 of application 18/969,851 is the same as U.S. Patent 12182718 except for word variation. For example, see table below:
Application 18/969,851
U.S. Patent 12182718
1. A system for maintenance of diversity of machine learning datasets, the system comprising: memory that maintains one or more different datasets concerning infrastructure, governance, and behaviors; a communication interface that communicates over a communication network to receive a selection of a data set from among the different datasets; a processing device that executes a software engine maintained in a non-transitory storage medium, the software engine executed by the processing device to: identify one or more groupings including at least one niche grouping within the selected data set and one or more relationships between the groupings, wherein two or more of the groupings share data in common, and wherein data regarding the groupings is maintained separately for each of the groupings; introduce cross-pollination of different groupings into the selected data set, wherein the data set is updated further based on the cross-pollination; track the relationships between the groupings after the cross-pollination; monitor the niche grouping for changes in niche population after the cross-pollination; and generate a report on diversity that includes information regarding health of the grouping and ability of the grouping to sustain within a corresponding ecosystem.
1. A system for dynamic reconfiguration of machine learning datasets, the system comprising: memory that maintains information including one or more different datasets concerning behaviors, infrastructure, and governance; and a software engine maintained in a non-transitory storage medium and executable by a processing device to: receive a selection of a training set from among the different datasets, wherein the training set is selected as a starting point; identify one or more groupings including at least one niche grouping within the training set and one or more relationships between the groupings, wherein two or more of the groupings share data in common, and wherein the data is maintained separately for each of the groupings; continuously monitor one or more social networks using artificial intelligence to identify one or more social trends and to extrapolate the social trends into one or more factors; apply the extrapolated factors to the training set and one or more commonalities; and generate a prediction regarding behaviors, infrastructure, and governance at another point in time based on a trend using one or more neural networks, wherein the trend includes one or more changes in the one or more groupings and the relationships based on the extrapolated factors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJIBOLA A AKINYEMI whose telephone number is (571)270-1846. The examiner can normally be reached Monday-Friday 8:00am-5:00pm, EST.
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/AJIBOLA A AKINYEMI/Primary Examiner, Art Unit 2649
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