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 .
DETAILED ACTION
This Office Action is in response to the application 18/991,170 filed on 12/20/2024.
Claims 1 have been examined and are pending.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/21/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 claims at issue 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).
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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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent No. 18/991,170. Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations recited in claim 1 of the instant application is encompassed by claim 1 of the US Patent No. 12,210735.
Instant Application # 18/991170
Patent Application # 12,210,735
1. A network computer system comprising: a memory sub-system to store a set of instructions; one or more processors are operable to communicate the set of instructions to one or more user devices, wherein the set of instructions include instructions that when executed by each of the one or more devices, causes the one or more devices to perform operations that include:
generating one or more commenting features that retain user input and are rendered on a canvas that includes a graphic design,
wherein each commenting feature includes a pin component and a comment body element, wherein the pin component is associated with a corresponding location on the canvas and the comment body element is associated with a comment record;
enabling the user to interact with the commenting feature as rendered on the canvas including providing input to the corresponding comment body element regarding the graphic design; and
wherein the user changing a view of the canvas results in varying the view of the graphic design and the commenting features, while maintaining the association of the location of the pin component with the graphic design and the user’s ability to interact at the same time with the commenting features and the graphic design.
1. A network computer system comprising: a memory sub-system to store a set of instructions; one or more processors are operable to communicate the set of instructions to one or more user devices, wherein the set of instructions include instructions that when executed by each of the one or more user devices, causes the one or more user devices to perform operations that include:
rendering a commenting feature over a canvas that includes a graphic design, the commenting feature including a pin component and a comment body element, the pin component being associated with a corresponding location on the canvas and the comment body element being associated with a comment record;
enabling a user to interact with the commenting feature as rendered on the canvas including providing input to the comment body element regarding the graphic design; and
wherein the user changing a view of the canvas results in varying a view of the graphic design and the commenting feature, while maintaining the pin component in association with the corresponding location of the canvas as the commenting feature is being rendered over the canvas, to enable the user to view the comment body element being rendered over the canvas while editing the graphic design at or near the corresponding location of the pin component; wherein the comment record includes one or more data sets, including a user-specified comment and metadata, the metadata indicating (i) a state value for one of multiple states of the commenting feature that is visually represented, and (ii) a source identifier for the user-specified comment.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent No. 18/991,170. Although the claims at issue are not identical, they are not patentably distinct from each other because all limitations recited in claim 1 of the instant application is encompassed by claim 1 of the US Patent No. 11,966,572.
Instant Application 11/991,170
Co-Pending Application 11,966,572
1. A network computer system comprising: a memory sub-system to store a set of instructions; one or more processors are operable to communicate the set of instructions to one or more user devices, wherein the set of instructions include instructions that when executed by each of the one or more devices, causes the one or more devices to perform operations that include:
generating one or more commenting features that retain user input and are rendered on a canvas that includes a graphic design,
wherein each commenting feature includes a pin component and a comment body element, wherein the pin component is associated with a corresponding location on the canvas and the comment body element is associated with a comment record;
enabling the user to interact with the commenting feature as rendered on the canvas including providing input to the corresponding comment body element regarding the graphic design; and
wherein the user changing a view of the canvas results in varying the view of the graphic design and the commenting features,
while maintaining the association of the location of the pin component with the graphic design and the user’s ability to interact at the same time with the commenting features and the graphic design.
1. A network computer system comprising: a memory sub-system to store a set of instructions; one or more processors are operable to communicate the set of instructions to one or more user devices, wherein the set of instructions include instructions that when executed by each of the one or more devices, causes the one or more devices to perform operations that include:
generating one or more commenting features that are rendered on a canvas that includes a graphic design, each commenting feature carrying at least one comment from a given source, and each commenting feature including a pin component and a comment body element;
associating the pin component of each commenting feature with a corresponding location on the canvas;
rendering the comment body element over the canvas in interactive form, including enabling a user to provide input to the comment body element regarding the graphic design, while enabling the user to provide input to update the graphic design; and
enabling the user to vary a zoom level of a view of the graphic design and the commenting feature,
while maintaining the association of the pin component with the corresponding location on the canvas.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saini et al., (“Saini,” US 2022/0083619) Filed on 09/16/2020.
Regarding claim 1, Saini discloses a network computer system comprising: a memory sub-system to store a set of instructions; one or more processors are operable to communicate the set of instructions to one or more user devices (pars. 0110-0112; Fig. 10), wherein the set of instructions include instructions that when executed by each of the one or more devices, causes the one or more devices to perform operations that include:
generating one or more commenting features that retain user input and are rendered on a canvas that includes a graphic design (pars, 0021, 0026, 0030), wherein each commenting feature includes a pin component and a comment body element, wherein the pin component is associated with a corresponding location on the canvas and the comment body element is associated with a comment record (pars. 0026-0030; 0079-0081; Figs. 6-7; “[a] photo discovery module 112 presents a message box 702 that includes photo-related information pertaining to the location associated with the cluster pin 602a”);
enabling the user to interact with the commenting feature as rendered on the canvas including providing input to the corresponding comment body element regarding the graphic design (pars. 0061-0062, 0065, 0067, 0080-0081; Figs. 3, 7-8); and
wherein the user changing a view of the canvas results in varying the view of the graphic design and the commenting features, while maintaining the association of the location of the pin component with the graphic design and the user’s ability to interact at the same time with the commenting features and the graphic design (pars. 0076-0082, Fig. 6-8).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275,277 (CCPA 1968))
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINH K PHAM whose telephone number is (571)270-3230. The examiner can normally be reached Monday-Thursday from 8:00 AM to 6:00 PM (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William L Bashore can be reached on (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINH K PHAM/
Primary Examiner
Art Unit 2174
