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.
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Claim 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 9 of U.S. Patent No. 11822937. 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.
Instant application
Reference patent 11822937
21 A non-transitory computer-readable medium including instructions that, when executed by at least one processor, cause the at least one processor to perform operations for seamless offline-online execution of applications, the operations comprising: receiving, from a client device, a request for execution of an application; distributing, to the client device, one or more subsets of a logic portion of the application and a state portion of the application; receiving, from the client device, a set of operations of the application; based on performing one or more operations of the set of operations, updating the state portion of the application; finalizing the updated state portion of the application; andsending, to the client device, the finalized updated state portion of the application.
A non-transitory computer readable medium including instructions that, when executed by at least one processor, cause the at least one processor to perform operations for seamless offline-online execution of applications, the operations comprising: receiving at a server a request from a client device for execution of an application; determining one or more subsets of a logic portion of the application; distributing the determined one or more subsets of the logic portion of the application to the client device; receiving a set of operations from the client device and an updated state portion of the application; and authorizing each operation of the set of operations and finalizing the updated state portion of the application.
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9. The non-transitory computer readable medium of claim 1, wherein the operations further comprise: sending the finalized updated state portion of the application to the client device.
22
24
4
25
3
26
2
28
5
29
5
31
10+13
34
14
36
16
Allowable Subject Matter
Claim 21-40 allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The following is an examiner’s statement of reasons for allowance:
Greenfield [20130275973] teaches applications of said subset are interoperable, wherein said application state update portions of said application suite VMs include interprocess communication software state data common to said subset of applications, and wherein said transferring comprises transferring said common interprocess communication software state data of said application suite VMs to said portable device. Preferably said application state data comprises data defining a change in said application state data from one application state to another.
Ames et al [9361389] teaches determining an updated state of the application based upon the at least one user attribute and a user action corresponding to one of the set of steps to display a new set of steps and descriptive text associated with each of the new set of steps within the one of the plurality of portlets, and to emphasize a new current action area in at least one of the plurality of portlets of the application, wherein each user action triggers determining an updated state of the application, wherein the guided tour is individualized to each of the plurality of users based upon each updated state of the application.
Prior art of record neither individually nor in combination teach:
receiving, from the client device, a set of operations of the application;
based on performing one or more operations of the set of operations, updating the state portion of the application;
finalizing the updated state portion of the application; and
sending, to the client device, the finalized updated state portion of the application.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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).
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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.
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/KESHAB R PANDEY/Primary Examiner, Art Unit 2176
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