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 .
Specification
The disclosure is objected to because of the following informalities: The specification should be updated to reflect the current status of all co-pending applications.
Appropriate correction is required.
Claim Objections
Claims 2 and 14 are objected to because of the following informalities:
Claim 2 refers to an “external-session-identifier” instead of an “external session identifier”. Claim 2 refers to an “external-session identifier” instead of an “external session identifier”.
Claim 2 states “wherein the second one or computers” instead of “wherein the second one or more computers.”
Similar issues exist with claim 14.
Appropriate correction is required.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,206,739. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application clearly anticipate the claims in the ‘739 patent.
Claim 18 of ‘739 Patent
Claim 2 of instant application
A method performed by a processor in a client computer terminal comprising:
A method comprising:
running a first client application providing a first client-side portion of an application to receive data from a server device in a first domain,
running, on a first one or more computers, a first client application to receive data from a second one or more computers in a first domain, wherein the first client application communicates with a server application on the second one or more computers;
running a second client application providing a second client-side portion of the application, wherein the second client application communicates with an external server device operating in a second domain different from the first domain;
running, on the first one or more computers, a second client application, wherein the second client application communicates with a third one or more computers operating in a second domain different from the first domain;
receiving, by the second client application, an external session identifier which uniquely identifies the user session at the external server device;
receiving, by the second client application, an external session identifier which identifies a user session at the third one or more computers;
storing, by the second client application, a composite data structure in the first domain, the composite data structure comprising the external session identifier;
storing, by the second client application, a composite data structure in the first domain, the composite data structure comprising the external session identifier;
retrieving, by the first client application, the external session identifier from the stored composite data structure; and
Retrieving, by the first client application, the external session identifier from the stored composite data structure; and
transmitting, by the first client application to the server-side portion of the application, a request to receive data from the user session,
Transmitting, by the first client application to the server application, a request that includes the retrieved external session identifier,
wherein the first client application communicates with a server-side portion of the application on the server device; wherein the request includes the retrieved external session identifier, wherein the server device, in response receiving the external session identifier from the first client application, monitors a plurality of connections each being associated with the external session identifier at the external server.
Wherein the second one or computers, in response receiving the external-session-identifier from the first client application, monitors a use of the external-session identifier at another one or more computers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cannataro, Mario et al. "An object-based architecture for WAP-compliant applications," Proceedings 11th International Workshop on Database and Expert Systems Applications, London, UK, 2000, pp. 178-185. IEEE.
Mendez US 10,291,722
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Jeffrey R. Swearingen
Primary Examiner
Art Unit 2445
/Jeffrey R Swearingen/Primary Examiner, Art Unit 2445
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