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
1. This action is responsive to application communication filed on 3/7/2025.
2. Claims 2-21 are pending in the case.
3. Claim 1 is cancelled.
4. Claims 2, 14 and 18 are independent claims.
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 2-12 and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12182388. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application recite every element of the patented claims and therefore, anticipate the patented claims.
Claims 13 and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12182388 B1 in view of Bullwinkel et al. (hereinafter “Bullwinkel”), U.S. Patent No. 6099317 A.
Claim 13 depends on claim 2:
Patent No. 12182388 B1 fails to expressly teach wherein the updated user interface depicts a pop-up window that appeared at the second time in a same location in the user interface that the pop-up window appeared at the second time.
However, Bullwinkel teaches wherein the updated user interface depicts a pop-up window that appeared at the second time in a same location in the user interface that the pop-up window appeared at the second time. (e.g., e.g., recording pop up windows during user interaction with graphical user interface elements col. 16 line 52; For instance, the engineer may record the sequence of opening a file, within a word processing application by recording the events corresponding to clicking on the menu bar above the word "File," option, exposing the File menu, selecting "Open" from the File menu, creating (or exposing) the "File Open" dialog box (including any associated sub-windows), tracking mouse movements and button clicks within the dialog box, and the hiding or destroying of the created or exposed windows.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the recorded interaction with multiple windows as taught by Patent No. 12182388 B1 to include the required pop up windows for locating elements to display as taught by Bullwinkel with a reasonable expectation of success, to yield predictable and expected results (i.e., recording any user interface elements selected during user interaction ). One of ordinary skill would have been motivated to combine the references based on showing the complete user interaction processes during playback of recorded sessions.
Claim 21 depends on claim 18:
Claim 21 is substantially encompassed in claim 13, therefore, Examiner relies on the same rationale set forth in claim 13 to reject claim 21.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-11 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Carlson et al. (hereinafter “Carlson”), U.S. Published No. 20120290107 A1, in view of Jaeger, Denny, U.S. Published Application No. 20050034148 A1.
Independent Claim 2:
Carlson teaches A device comprising:
memory storing computer-executable instructions;
and a processor in communication with the memory, wherein the computer-executable instructions, when executed by the processor, cause the processor to at least: (see Figure 3; illustrates a client device comprising memory and processor as recited in the claim par. 39; Processor 340 can further be configured to receive control data, e.g., operator input 320, from client 304 and to send the control data to PLC 308 to control the industrial plant. )
process a selection of a screen replay option received via a user interface, wherein the user interface depicts a graphical representation of a first physical component and a first measurement associated with the first physical component and a first time; (e.g., update the interface of dynamic graphical representation of physical components based on retrieved archived state data in respect to a previous date range and replay speed defined by the screen replay option (e.g., speed control box 608). par. 57; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode. After the operator selects the instant replay mode from the Window menu, the operator is given a control panel or tool bar 600 shown overlaid on the graphical screen 500. The toolbar 600 is used to set the date range, current display time on the screen, play back, and playback speed. The system defaults to display the past 24 hours, the most likely time frame the operator would be interested in. The system retrieves the stored data. The operator selects a specific time or scrolls through the selected time period and then either pauses the display or selects a replay rate, typically from 0.5.times. to 100.times. of the stored data rate, to play back the stored data. Par. 57; The current display time is specified by moving a slider 602, or by changing the time in a date/time control 604. A Play button 606 automatically advances the current display time at the speed specified by the speed control box 608. The time period is set with the time/date controls 610 and 612 at either end of the slider control.)
identify a second measurement and a selection made using a user input device to instruct the first physical component to perform an action based on the screen replay option, wherein the second measurement and the selection are associated with a second time before the first time; (e.g., see Figure 5B; selection with button 512 to instruct programmable logic controller and identifying previous state data of pump502, valves 504, piping 506, and vessels 508 (i.e., first or second measurements) par. 55; Screen 500 includes graphical representations of various elements of an industrial plant. In the example shown in FIG. 5A, graphical screen 500 is for a Clean in Place (CIP) process and displays graphical representations of elements associated with that process, including pump 502, valves 504, piping 506, and vessels 508, among other elements. Screen 500 also includes a menu bar 510 and buttons 512 to allow the operator to make selections and generate operator inputs to the PLC. The operator can use screen 500 to display live state data, such as during normal plant operation. The operator can also select to enter instant replay mode from the Window menu of the menu bar 510 to display stored state data. Par. 56; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode.)
and update the user interface to indicate the selection concurrently with the graphical representation of the first physical component and the second measurement.(e.g., updating interface via replaying selection of button 512 with past state data associated with graphical representations of pump 502, valves 504, piping 506, and vessels 508 see Figure 5B; Par. 56; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode.)
Carlson fails to expressly teach update the user interface to display a graphical representation of the user input device modified to indicate the selection concurrently with the graphical representation.. (emphasis added)
However, Jaeger teaches update the user interface to display a graphical representation of the user input device modified to indicate the selection concurrently with the graphical representation. (e.g., replaying user interactions with a graphical representation of a mouse input device modified to indicate a selection concurrently with a replayed graphical representation. Under Broadest reasonable interpretation (BRI), Examiner considers cursor movements and drag and drop to perform selections as examples of a graphical representation of a user input device modified to indicate a selection par. 5; Automation has been used also in industry. Examples would be controlling pressure valve or flow valves in processing plants. These automation system are quite complex, but they still perform the function of recording and playing back moves made on devices. Par. 7; A system and method for recording and replaying property changes on graphic elements in a computer environment provides a user with the ability to record his/her interactions with controls in the computer environment and then to replay these interactions. Both graphical and functional information are recorded for all objects in the computer environment such that, during replay, the recorded graphic elements are actually being interacted with in the same manner as during the time when the graphic elements were being recorded. Par. 71; Controls are rendered on its display surface (Blackspace). The Canvas delegates user input, such a mouse events and keystrokes, to controls. In turn the controls perform some function in response to this input, which may result in a change in their graphical appearance. Controls report any changes in state to the Context Manager 26b. par. 164; The star is dragged across the screen. The mouse generates "n" movement events, each of which moves the star. Drawmation records the position of the star at the end of each incremental move, e.g., 15a, 15b and 15c. The user releases the left mouse button to complete the drag. Drawmation records the changed state 16 of the star.)
In the analogous art of interfaces for processing plants, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the replay of dynamic graphical controls as taught Carlson to include interactions with controls based on user input as taught by Jaeger to provide the benefit of simplifying the examination of complex problems in the automation industry (see Jaeger; par. 5)
Claim 3 depends on claim 2:
Carlson teaches wherein the updated user interface comprises a slider configured to move along a slider bar, and wherein a position of the slider along the slider bar controls display of the second measurement in the updated user interface. (e.g., slider 602 of Figure 6 illustrates controlling a portion of retrieved archived data that is used to update the interface of dynamic graphical representations of physical components par. 57; The current display time is specified by moving a slider 602, or by changing the time in a date/time control 604. A Play button 606 automatically advances the current display time at the speed specified by the speed control box 608. The time period is set with the time/date controls 610 and 612 at either end of the slider control. Using Trim buttons 614 and 616 the operator can set the end points to the current display time specified by the slider.)
Claim 4 depends on claim 3:
Carlson teaches wherein the computer-executable instructions, when executed by the processor, further cause the processor to at least update the user interface to modify an appearance of the graphical representation of the first physical component in accordance with a current position of the slider along the slider bar at a speed defined by the screen replay option. (e.g., update the interface of dynamic graphical representations as slider moves along slide bar that corresponds with current position that corresponds to a speed defined (e.g., speed control box 608) by the one or more screen replay options as shown in Figure 6 par. 57; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode. After the operator selects the instant replay mode from the Window menu, the operator is given a control panel or tool bar 600 shown overlaid on the graphical screen 500. The toolbar 600 is used to set the date range, current display time on the screen, play back, and playback speed. The system defaults to display the past 24 hours, the most likely time frame the operator would be interested in. The system retrieves the stored data. The operator selects a specific time or scrolls through the selected time period and then either pauses the display or selects a replay rate, typically from 0.5.times. to 100.times. of the stored data rate, to play back the stored data. Par. 57; The current display time is specified by moving a slider 602, or by changing the time in a date/time control 604. A Play button 606 automatically advances the current display time at the speed specified by the speed control box 608. The time period is set with the time/date controls 610 and 612 at either end of the slider control.)
Claim 5 depends on claim 3:
Carlson teaches wherein the screen replay option comprises at least one of a start time, a start date, a historical data replay interval, or a number of times per second that the slider moves along the slider bar. (e.g., replay options include time period, date range which includes start and end date par. 56; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode. After the operator selects the instant replay mode from the Window menu, the operator is given a control panel or tool bar 600 shown overlaid on the graphical screen 500. The toolbar 600 is used to set the date range, current display time on the screen, play back, and playback speed. The system defaults to display the past 24 hours, the most likely time frame the operator would be interested in. The system retrieves the stored data. The operator selects a specific time or scrolls through the selected time period and then either pauses the display or selects a replay rate, typically from 0.5.times. to 100.times. of the stored data rate, to play back the stored data.)
Claim 6 depends on claim 3:
Carlson teaches wherein a third measurement is associated with a third time before the first time, and wherein the computer-executable instructions, when executed by the processor, further cause the processor to at least: (e.g., replay mode allows for identifying previous state data of pump502, valves 504, piping 506, and vessels 508 (i.e., first or second, third measurements) Par. 56; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode.)
update the user interface to modify an appearance of the graphical representation of the first physical component to visually depict the second measurement based on the slider being at a position along the slider bar that corresponds with the second time; (e.g., slider 602 of Figure 6 illustrates controlling a portion of retrieved archived data that is used to update the interface of dynamic graphical representations of physical components par. 57; The current display time is specified by moving a slider 602, or by changing the time in a date/time control 604. A Play button 606 automatically advances the current display time at the speed specified by the speed control box 608. The time period is set with the time/date controls 610 and 612 at either end of the slider control. Using Trim buttons 614 and 616 the operator can set the end points to the current display time specified by the slider.)
and update the updated user interface to modify the modified appearance of the graphical representation of the first physical component to visually depict the third measurement based on the slider moving from the position along the slider bar that corresponds with the second time to a position along the slider bar that corresponds with the third time, (e.g., slider 602 of Figure 6 illustrates controlling a portion of retrieved archived data that is used to update the interface of dynamic graphical representations of physical components par. 57; The current display time is specified by moving a slider 602, or by changing the time in a date/time control 604. A Play button 606 automatically advances the current display time at the speed specified by the speed control box 608. The time period is set with the time/date controls 610 and 612 at either end of the slider control. Using Trim buttons 614 and 616 the operator can set the end points to the current display time specified by the slider.)
wherein the slider moves from the position along the slider bar that corresponds with the second time to the position along the slider bar that corresponds with the third time at a speed defined by the screen replay option. (e.g., update the interface of dynamic graphical representations as slider moves along slide bar that corresponds with current position that corresponds to a speed defined (e.g., speed control box 608) by the one or more screen replay options as shown in Figure 6 par. 57; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode. After the operator selects the instant replay mode from the Window menu, the operator is given a control panel or tool bar 600 shown overlaid on the graphical screen 500. The toolbar 600 is used to set the date range, current display time on the screen, play back, and playback speed. The system defaults to display the past 24 hours, the most likely time frame the operator would be interested in. The system retrieves the stored data. The operator selects a specific time or scrolls through the selected time period and then either pauses the display or selects a replay rate, typically from 0.5.times. to 100.times. of the stored data rate, to play back the stored data. Par. 57; The current display time is specified by moving a slider 602, or by changing the time in a date/time control 604. A Play button 606 automatically advances the current display time at the speed specified by the speed control box 608. The time period is set with the time/date controls 610 and 612 at either end of the slider control.)
Claim 7 depends on claim 2:
Carlson teaches wherein the computer-executable instructions, when executed by the processor, further cause the processor to at least: process a selection of a second screen replay option received via the user interface; (e.g., retrieving archived data corresponding to the replay options (e.g., date range or playback speed)par. 33; The present approach enables the playback of stored data into a graphical user interface to illustrate the states of various components of the plant by providing a graphical view of those states. Instant replay of archived state data may be used, for example, to monitor or trouble-shoot a cleaning process or a production process. par. 56; The toolbar 600 is used to set the date range, current display time on the screen, play back, and playback speed. The system defaults to display the past 24 hours, the most likely time frame the operator would be interested in. The system retrieves the stored data. The operator selects a specific time or scrolls through the selected time period and then either pauses the display or selects a replay rate, typically from 0.5.times. to 100.times. of the stored data rate, to play back the stored data.)
and update the user interface to display a first window and a second window, wherein an appearance of the graphical representation of the first physical component is modified in the first window in accordance the screen replay option, and wherein an appearance of the graphical representation of the first physical component is modified in the second window in accordance with the second screen replay option. (e.g., retrieving archived data to update multiple screens that include dynamic graphical representations that are modified based on instant replay options that include playback speed par. 56; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode. After the operator selects the instant replay mode from the Window menu, the operator is given a control panel or tool bar 600 shown overlaid on the graphical screen 500. The toolbar 600 is used to set the date range, current display time on the screen, play back, and playback speed. par. 60; In replay mode, archive reader 216 reads stored state data from data storage 210 and sends it for display into any of the previously available screens 700 and 702 (Screens 1 and 2), and new screen 704 (Screen 3). Par. 61; In addition, the operator can also create a completely new graphical screen that has items on it that may be related to the problem and watch how these items relate to each other as the operator plays back the sequence of events captured in the stored state data.)
Claim 8 depends on claim 7:
Carlson teaches wherein the updated user interface displays the first window and the second window concurrently. (e.g., multiple screens are displayed concurrently as shown in Figure 6; par. 60; In replay mode, archive reader 216 reads stored state data from data storage 210 and sends it for display into any of the previously available screens 700 and 702 (Screens 1 and 2), and new screen 704 (Screen 3).)
Claim 9 depends on claim 7:
Carlson teaches wherein the first window comprises a first slider that moves along a first slider bar to control the appearance of the graphical representation of the first physical component in the first window, wherein the second window comprises a second slider that moves along a second slider bar to control the appearance of the graphical representation of the first physical component in the second window, and wherein a movement of the first slider along the first slider bar is independent of a movement of the second slider along the second slider bar. (e.g., in the instance of non-currently displayed windows, the toolbar which includes the slider is reused for a single window displayed at one time and therefore, independent from previous usage with other windows that are now closed par. 56; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode. After the operator selects the instant replay mode from the Window menu, the operator is given a control panel or tool bar 600 shown overlaid on the graphical screen 500.)
Claim 10 depends on claim 7:
Carlson teaches wherein the computer-executable instructions, when executed by the processor, further cause the processor to at least update the user interface to display the first window, the second window, and a third window, wherein the third window depicts the graphical representation of the first physical component and the first measurement. (e.g., retrieving archived data to update multiple screens that include dynamic graphical representations that are modified based on instant replay options that include playback speed par. 56; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode. After the operator selects the instant replay mode from the Window menu, the operator is given a control panel or tool bar 600 shown overlaid on the graphical screen 500. The toolbar 600 is used to set the date range, current display time on the screen, play back, and playback speed. par. 60; In replay mode, archive reader 216 reads stored state data from data storage 210 and sends it for display into any of the previously available screens 700 and 702 (Screens 1 and 2), and new screen 704 (Screen 3). Par. 61; In addition, the operator can also create a completely new graphical screen that has items on it that may be related to the problem and watch how these items relate to each other as the operator plays back the sequence of events captured in the stored state data.)
Claim 11 depends on claim 10:
Carlson teaches wherein the updated user interface displays the first window, the second window, and the third window concurrently. (e.g., multiple screens are displayed concurrently as shown in Figure 6; . par. 60; In replay mode, archive reader 216 reads stored state data from data storage 210 and sends it for display into any of the previously available screens 700 and 702 (Screens 1 and 2), and new screen 704 (Screen 3).)
Independent Claim 14:
Claim 14 is substantially encompassed in claim 2, therefore, Examiner relies on the same rationale set forth in claim 2 to reject claim 14.
Claim 15 depends on claim 14:
Claim 15 is substantially encompassed in claim 3, therefore, Examiner relies on the same rationale set forth in claim 3 to reject claim 15.
Claim 16 depends on claim 15:
Claim 16 is substantially encompassed in claim 6, therefore, Examiner relies on the same rationale set forth in claim 6 to reject claim 16.
Claim 17 depends on claim 14:
Claim 17 is substantially encompassed in claim 7, therefore, Examiner relies on the same rationale set forth in claim 7 to reject claim 17.
Independent claim 18:
Claim 18 is substantially encompassed in claim 2, therefore, Examiner relies on the same rationale set forth in claim 2 to reject claim 18.
Claim 19 depends on claim 18:
Claim 18 is substantially encompassed in claim 2, therefore, Examiner relies on the same rationale set forth in claim 2 to reject claim 18.
Claim 20 depends on claim 19:
Claim 20 is substantially encompassed in claim 6, therefore, Examiner relies on the same rationale set forth in claim 6 to reject claim 20.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Carlson/Jaeger as cited above and applied to claim 2, in view of Konya et al. (hereinafter “Konya”), U.S. Published Application No. 20190081476 A1 of record.
Claim 12 depends on claim 2:
Carlson teaches wherein the computer-executable instructions, when executed by the processor, further cause the processor to at least determine a second screen replay option for controlling modification of the user interface based on an output . ( e.g., process a selection of replay options (e.g., date range or playback speed) via interface, wherein the interface depicts dynamic graphical representations of physical component and a current measurement associated with the physical component par. 35; Screen information refers to the electronic description of how to display the state data from the data sources, either live or stored data. Screens include, but are not limited to, static graphical elements as well as dynamic data representations such as numbers, text, graphs, colors, motion, etc. par. 55; FIG. 5A is a screen shot of an example graphical screen 500 for display of state data in accordance with the principles of the invention. Screen 500 includes graphical representations of various elements of an industrial plant. In the example shown in FIG. 5A, graphical screen 500 is for a Clean in Place (CIP) process and displays graphical representations of elements associated with that process, including pump 502, valves 504, piping 506, and vessels 508, among other elements. par. 56; FIG. 5B is a screen shot of the graphical screen of FIG. 5A including a control panel during replay mode. After the operator selects the instant replay mode from the Window menu, the operator is given a control panel or tool bar 600 shown overlaid on the graphical screen 500. The toolbar 600 is used to set the date range, current display time on the screen, play back, and playback speed. Par. 59; Graphical user interface 218 includes graphical representations of elements of the industrial plant. Such graphical representations can include any combination of static graphical elements, e.g., a symbol for a vessel or a pump, and dynamic data representations, e.g., a moving color bar indicating tank level.)
Carlson/Jaeger fails to expressly teach a trained artificial intelligence model;
However, Konya teaches a trained artificial intelligence model; (e.g., applying a trained artificial intelligence model on data for prediction purposes par. 183; FIG. 11 is a flow chart of an example of a process for generating and using a machine-learning model according to some aspects. Machine learning is a branch of artificial intelligence that relates to mathematical models that can learn from, categorize, and make predictions about data.)
In the analogous art of collecting data in an industrial environment, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the determination of replay options as taught by Carlson/Jaeger to be based on the predication of a model as taught by Konya with a reasonable expectation of success, to yield predictable and expected results (i.e., making a prediction based on training data). One of ordinary skill would have been motivated to combine the references based on known benefits of using machine learning models on large sources of data related to input.
Claims 13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Carlson/Jaeger as cited above and applied to claim 2, in further view of Bullwinkel et al. (hereinafter “Bullwinkel”), U.S. Patent No. 6099317 A.
Claim 13 depends on claim 2:
Carlson/Jaeger fails to expressly teach wherein the updated user interface depicts a pop-up window that appeared at the second time in a same location in the user interface that the pop-up window appeared at the second time.
However, Bullwinkel teaches wherein the updated user interface depicts a pop-up window that appeared at the second time in a same location in the user interface that the pop-up window appeared at the second time. (e.g., e.g., recording pop up windows during user interaction with graphical user interface elements col. 16 line 52; For instance, the engineer may record the sequence of opening a file, within a word processing application by recording the events corresponding to clicking on the menu bar above the word "File," option, exposing the File menu, selecting "Open" from the File menu, creating (or exposing) the "File Open" dialog box (including any associated sub-windows), tracking mouse movements and button clicks within the dialog box, and the hiding or destroying of the created or exposed windows.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the recorded interaction with multiple screens as taught by Carlson/Jaeger to include the required pop up windows for locating elements to display as taught by Bullwinkel with a reasonable expectation of success, to yield predictable and expected results (i.e., recording any user interface elements selected during user interaction ). One of ordinary skill would have been motivated to combine the references based on showing the complete user interaction processes during playback of recorded sessions.
Claim 21 depends on claim 18:
Claim 21 is substantially encompassed in claim 13, therefore, Examiner relies on the same rationale set forth in claim 13 to reject claim 21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ramamurthy et al. US 20060184410 A1
Par. 28; It was desirable to utilize an available software API to facilitate data capture of a user's interactions, so that custom API's would not have to be provided for each vendor's software applications.
Par. 125; In addition to capturing information such as mouse clicks and actuations of a user's keyboard which are stored in a database 608, images 607 of screen shots and active windows on a graphical user interface are also recorded and associated with related user interaction data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY ORR whose telephone number is (571)270-1308. The examiner can normally be reached 9AM-5PM EST M-F.
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, Adam Queler can be reached at (571)272-4140. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HENRY ORR
Primary Examiner
Art Unit 2172
/HENRY ORR/Primary Examiner, Art Unit 2172
Prosecution Insights