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 .
Status of Claims
This action is in response to application 19014548 filled on 01/09/2025.
Claims 1-20 are currently pending and have been examined.
Detailed Action
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 claims 1-20 of US Patent 12220249; over claims 1-22 of U.S. Patent No. 11779268; and claims 1-20 of US Patent 10893831. Although the claims at issue are not identical, they are not patentably distinct from each other because For Instance US Patent ‘249 teaches in claim 1 “wherein the selected sleep session corresponds to a first time period; and generating, by the one or more processors, a plurality of images by converting the sleep data of the selected sleep session into the plurality of images, wherein a first image of the plurality of images corresponds to sleep data in the first time period and at least one second image of the plurality of images corresponds to sleep data in a time period that is included within the first time period of the selected sleep session.” and in claim 2 teaches “generating the at least one image tile comprises generating a plurality of image tiles corresponding to the sleep data of the selected sleep session by converting the sleep data of the selected sleep session into the plurality of image tiles.” Claim 1 of the instant application “ enabling, by the one or more processors, a user to select a sleep session of the plurality of sleep sessions, wherein the selected sleep session corresponds to a first time period; and generating, by the one or more processors, a plurality of images by converting the sleep data of the selected sleep session into the plurality of images, wherein a first image of the plurality of images corresponds to sleep data in the first time period and at least one second image of the plurality of images corresponds to sleep data in a time period that is included within the first time period of the selected sleep session.” Here, claims under examination are anticipated by the reference claim(s) since the claims recite substantially similar limitations. Particularly, the entire scope of independent claims of Patent ‘249 falls within the scope of independent claims of the present application.
Free of prior Art
The claims include subject matter that is free of prior art. The closest prior art Dhoerty et al. (US 2010/0049008 A1) teaches a method and apparatus for assessing sleep quality and wherein sleep sessions can be divided into different segments on a timeline. Pan et al. (US 2013/0187946 A1) teaches a system and method for image data management by processing high resolution image files into tiles. The art fails to teach “wherein the selected sleep session corresponds to a first time period; and generating, by the one or more processors, a plurality of images by converting the sleep data of the selected sleep session into the plurality of images, wherein a first image of the plurality of images corresponds to sleep data in the first time period and at least one second image of the plurality of images corresponds to sleep data in a time period that is included within the first time period of the selected sleep session.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAROUN P KANAAN whose telephone number is (571)270-1497. The examiner can normally be reached Monday-Friday 8:00-5:00.
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MAROUN P. KANAAN
Primary Examiner
Art Unit 3687
/MAROUN P KANAAN/Primary Examiner, Art Unit 3687
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