DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Miscellaneous
The Applicant has cancelled claim 4; therefore, only claims 1-3 and 5-20 remain for this Office 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.
Claims 1-3 and 5-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of co-pending Application No. 18/962,118 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they contain substantially similar subject matter (see chart below).
Claims 2-3, 5-12, 14-16 and 18-20 are also objected to as being dependent on claims 1, 7 and 17 and may also correspond to claims 2-6, 8-16 and 18-20 of the ‘118 application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
US Patent Application No. 18/962,118
1. A device, comprising: a data processing engine, comprising: a first processing unit configured to process a first portion of data received by the data processing engine and generate a first result; and a second processing unit configured to process a second portion of the data received by the data processing engine and generate a second result, wherein the first processing unit is configured to process the first portion of data in parallel with processing of the second portion of data by the second processing unit.
1. A device, comprising: a processor (engine) comprising: a first processing unit configured to process an input (first portion) data stream and generate a first result as at least a match of a portion of the input data stream with a portion of a sequence of interest in response to programming the first processing unit in a first manner; and a second processing unit coupled to the first processing unit, wherein the second processing unit is configured to process the input (a second portion) data stream based at least in part on the first result in response to programming the second processing unit in a second manner.
2. The device of claim 1, wherein the wherein the second processing unit is configured to process the input data stream in parallel with the first processing unit in response to programming the second processing unit is programmed in a third manner.
13. A device, comprising: a data processing engine configured to receive data to be processed, wherein the data processing engine comprises: a first processing unit configured to receive an instruction, wherein the first processing unit is configured to: process a first portion of the data received by the data processing engine based upon the instruction; and generate a first result based on processing of the first portion of the data in accordance with the instruction.
7. A system, comprising: a data processing engine, wherein the data processing engine comprises: a first input configured to receive a (portion) data stream; a second input configured to receive programming instructions; a first processing unit programmed according the programming instructions to process (a portion) the data stream to generate a result as at least a match of a portion of the data stream with a portion of a sequence of interest; and an output (generated first result) configured to transmit the result.
17. A method, comprising: receiving data to be processed at a data processing engine; receiving an instruction at a first processing unit of the data processing engine; processing, at the first processing unit, a first portion of the data received by the data processing engine based upon the instruction; and generating, via the first processing unit, a first result based on the processing of the first portion of the data in accordance with the instruction.
17. A method, comprising: receiving a data stream (to be processed) at a data processing engine; receiving programming instructions at the data processing engine; programming a first processing unit according the programming instructions to process the data stream to generate a result as at least a match of a portion of the data stream with a portion of a sequence of interest; and transmitting the (first) result from the data processing engine.
Response to Arguments
Applicant's arguments filed 8/4/2026 have been fully considered but they are not persuasive.
Although the independent claims 1, 7 and 17 of the co-pending application 18/962,118 have been amended, they have not been amended to the point where they would not still correspond to the instant application’s independent claims. Additionally, the amendments of claim 1 of the instant application to include the parallel processing between the first and second processing units as previously found within (now cancelled) claim 4 may correspond to claim 2 of the co-pending application 18/962,118. Therefore, the provisional Non-Statutory Double Patenting Rejection remains.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jason M Crawford whose telephone number is (571)272-6004. The examiner can normally be reached Mon-Thurs 6:30am-3:00pm, Fri 6:30am-12:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Taningco can be reached at 571-272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON M CRAWFORD/Primary Examiner, Art Unit 2845
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