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
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-2 and 6 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 5 and 6 of prior U.S. Patent No. 12,266,105. This is a statutory double patenting rejection.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 11 is rejected under 35 U.S.C. 101 because a computer storage medium could be a signal. In re Nuijten, asserts that a transitory, electrical, or electromagnetic signal (e.g., a data packet, carrier wave) is not patent-eligible subject matter under 35 U.S.C. § 101. Such signals are deemed non-statutory, as they are not processes, machines, manufactures, or compositions of matter.
No art rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2020/0275880; US 2019/0183410; US 2018/0247020; US 2018/0116584; US 2009/0177282 and US 2006/0069318. These references are previous cited in the parent case US 12,266,105. New cited reference WO 2007/025155. These are the closest prior art.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3793
Prosecution Insights