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.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12175261.Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitation of the instant application is anticipated by the reference patent.In addition dependent claim 2-7 are rejected according to the mapping below. Furthermore, independent claim 8 and 15 are, and corresponding dependent claims 9-14 and 16-21 are rejected as mapped below.
Instant application
Reference Patent 12175261
1. A method, comprising: receiving a layout description file and a parameter description file, wherein the layout description file specifies a configuration page for configuring settings of an application installed on an end user device, wherein the layout description file includes a plurality of page elements including a plurality of parameter page elements, wherein each of the plurality of page elements is used for rendering a user interface (UI) element for that page element, and wherein the plurality of parameter page elements each include a parameter identifier that references a set of one or more configuration parameters in the parameter description file; dynamically building a configuration visualization using the layout description file and the parameter description file; rendering the configuration visualization; and receiving, through the configuration visualization, at least one change to a configuration setting for the application.
1. A method, comprising: receiving a layout description file and a parameter description file, wherein the layout description file specifies a configuration page for configuring settings of an application installed on an end user device, wherein the layout description file includes a plurality of page elements including a plurality of parameter page elements, wherein each of the plurality of page elements is used for rendering a user interface (UI) element for that page element, and wherein the plurality of parameter page elements each include a parameter identifier that references a set of one or more configuration parameters in the parameter description file; dynamically building a configuration visualization using the layout description file and the parameter description file; rendering the configuration visualization; and receiving, through the configuration visualization, at least one change to a configuration setting for the application.
2-7
2-7
8-14
8-14
15-21
15-21
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.
Claim(s) 1-2, 5-9, 12-16, 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson [5999948], in view of Lereya [20170124146]
As to claim 1,
Nelson [5999948] A method, comprising:
receiving a layout description file and a parameter description file, wherein the
layout description file specifies a configuration page for configuring settings of an application installed on an end user device, wherein the layout description file includes a plurality of page elements including a plurality of parameter page elements [claim 1: “said form engine dynamically creating a graphical appearance of a secondary window in the application with a layout in accordance with said layout type of said FDL file , summary: col. 4, line 25-30: “The form engine reads the respective FDL file, and parses the data described by the respective FDL file. The form engine then creates the secondary window in the application with a layout in accordance with the layout type of the respective FDL file”], wherein each of the plurality of page elements is used [col. 6, line 48-55: “The Dynamic Forms component is the code for the Dynamic Forms engine. The Property Sheets are a style of dialog window commonly used to read/write properties of an item. Property sheets have multiple tabbed pages with column buttons on the side for each page and a set of standard buttons across the bottom. MFC (Microsoft Foundation Classes) is a set of software classes for use when developing Microsoft Windows applications. These classes are used when creating the Windows Forms. The Attribute Groups are a code layer which groups individual SNMP MIB variables together into groups. ”- snmp mib variables are equivalents to page parameters ], and wherein the plurality of parameter page elements each include a parameter identifier that references a set of one or more configuration parameters in the parameter description file [col. 6: 60-68: “A data location identifies the type of data source (e.g. SNMP) as well as the information needed to locate a specific instance of a data item from the data source (e.g. IP address, community, and suffix values for an SNMP data location). When the dynamic forms tool creates a data collection, it uses the location information to create a specific kind of data group and data item within the data collection. ”- information to locate data is equivalent to identifier];
dynamically building a configuration visualization using the layout description file and the parameter description file [claim 1: “said form engine dynamically creating a graphical appearance of a secondary window in the application with a layout in accordance with said layout type of said FDL file, and displaying said data of said FDL file in the secondary window in accordance with said layout type.”];
rendering the configuration visualization; and receiving, through the configuration visualization [summary: col. 4, line 25-32: “The form engine reads the respective FDL file, and parses the data described by the respective FDL file. The form engine then creates the secondary window in the application with a layout in accordance with the layout type of the respective FDL file, and then displays the data of the respective FDL file in the secondary window in accordance with the layout type. ”], at least one change to a configuration setting for the application [claim 2: “said software engine reading a respective said FDL file, said software engine collecting said data described by said respective FDL file, said software engine creating a secondary window in the application with a layout in accordance with said layout type of said respective FDL file, and displaying said data of said respective FDL file in the secondary window in accordance with said layout type ” and back ground: “Many software programs or applications have the ability for the operator of the application to change the configuration of the application, the computer, the network upon which the application is running, or for the devices which the application is controlling. One way for an application to allow an operator to change a configuration, is for the application to present a secondary window to the operator displaying the data with which the present configuration is based, ”]
But do not teach each of the plurality of page elements is used for rendering a user interface (UI) element
However Lereya [20170124146] teaches each of the plurality of page elements is used for rendering a user interface (UI) element [0005: “method for building complex hierarchical queries. A User Interface (UI) representation of a logical query is received, wherein the UI representation describes object types, relationships between the object types, and attributes of the object types. The UI representation is translated to a logical query. The logical query is converted to data layer calls to retrieve objects having the object types, the relationships between the object types, and the attributes of the object types. The objects are received. A directed graph is generated using the identified objects. ” and 0044: “generating a query builder UI representation in accordance with certain embodiments. Control begins at block 400 with the query builder tool 110 retrieving information on object types of stored objects, attributes of the object types, and relationships between the object types. In certain embodiments, a user defines the object types, the attributes of the object types, and the relationships between the object types. This information may be statically defined in a separate file (e.g., an external configuration file) or may be provided dynamically by the user (e.g., in learning systems). ” and 0048: “In certain embodiments, to render the query builder UI 120, the query builder tool 110 may generate configuration pages having user interface controls and content loaded into the query builder UI 120.”]
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to combine teaching of Nelson and Lareya because both are directed toward building configuration page. Lareya improves upon Nelson by being able to use user interfaces of the build configuration pages such that the user can build the desired page or configuration setting for the application.
As to claim 2,
Lareya tgeaches wherein the plurality of page elements further include a set of one or more structure page elements that structure the configuration page [0046: “In block 402, the query builder tool 110 generates the query builder UI 120 that allows selection of the object types, the relationships of the object types, and the attributes of the object types. Embodiments provide general templates for the different attributes and related object types according their UI structure (e.g., combobox+input, combobox+combobox+input, etc.), which are dynamically filled by the query builder tool 110 according to the specific object types, attributes, and related object types that have been defined. ”].
As to claim 5,
Lereya teaches the layout description file and the parameter description file are defined by an application developer of the application [0023: “certain embodiments, the objects are objects in a storage management system, such as volumes and disks. In certain embodiments, objects are elements (e.g., user profiles) in a social media network, and the query builder tool 110 allows building a query such as: “all the users above age 30, with blue eyes and that has a friend who lives in Israel”.”].
As to claim 6,
Lereya teaches dynamically building the configuration visualization includes generating HTML, CSS, and/or client-side scripts to visualize a UI for the configuration page and parameters as defined by the layout description file and the parameter description file [0048: “These pages may be rendered using Hypertext Markup Language (HTML), Extended Markup Language (XML) and additional software frameworks that render graphics and other user interface components, such as ActiveX®, Adobe Flash®, JavaFX®, Java® Applets, JavaScript®, etc. (In many countries, ActiveX is a registered trademark of Microsoft Corporation; Adobe Flash is a registered trademark of Adobe Systems Inc.; and Java, JavaScript, and JavaFX are registered trademarks of Oracle America, Inc.) ”].
As to claim 7,
Lareya teaches the UI element is one of: a checkbox parameter element, a dropdown parameter element, a text field parameter element, a password text field parameter element, a text area parameter element, a slider parameter element, a color chooser parameter element, a file chooser parameter element, a radio button parameter element, a list parameter element, a table parameter element, a session table parameter element, a fixed session page parameter element, a button parameter element, a confirm password parameter element, and a session selector parameter element[ 0046 : “In block 402, the query builder tool 110 generates the query builder UI 120 that allows selection of the object types, the relationships of the object types, and the attributes of the object types. Embodiments provide general templates for the different attributes and related object types according their UI structure (e.g., combobox+input, combobox+combobox+input, etc.), which are dynamically filled by the query builder tool 110 according to the specific object types, attributes, and related object types that have been defined.”]
As to claim 8-9,
Combination of Nelson and Lareya teach this claim according to the reasoning set forth in claim 1-2 supra.
As to claim 12-14,
Combination of Nelson and Lareya teach this claim according to the reasoning set forth in claim 5-7 supra.
As to claim 15-16,
Combination of Nelson and Lareya teach this claim according to the reasoning set forth in claim 1-2 supra.
As to claim 19-21,
Combination of Nelson and Lareya teach this claim according to the reasoning set forth in claim 5-7 supra.
Allowable Subject Matter
Claim 3-4, 10-11, 17-18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHAB R PANDEY whose telephone number is (571)270-0176. The examiner can normally be reached Monday-Friday 9:00-5:00(ET).
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, Jaweed Abbaszadeh can be reached at (571) 270-1640. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KESHAB R PANDEY/ Primary Examiner, Art Unit 2176